Bill Text: HI SB2475 | 2024 | Regular Session | Amended
Bill Title: Relating To Education.
Spectrum: Moderate Partisan Bill (Democrat 9-1)
Status: (Passed) 2024-07-02 - Act 156, 07/01/2024 (Gov. Msg. No. 1257). [SB2475 Detail]
Download: Hawaii-2024-SB2475-Amended.html
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THE SENATE |
S.B. NO. |
2475 |
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THIRTY-SECOND LEGISLATURE, 2024 |
S.D. 2 |
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STATE OF HAWAII |
H.D. 2 |
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C.D. 1 |
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A BILL FOR AN ACT
RELATING TO EDUCATION.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
The legislature further finds that, all too often, based on real or perceived legal restrictions, schools fail to provide vital information to one another to consider in rendering their decisions. This lack of communication allows these perpetrators continued contact with students and creates a revolving door for the perpetrators at preschools and K-12 schools in the State.
The legislature recognizes that it is essential to prevent the presence of these individuals on any preschool and K-12 campus and to prevent them from serving in any capacity that requires interaction with, or close proximity to, students. Action is required to ensure the safety of both private and public preschools and K-12 campuses and to bolster efforts to protect students from harm.
Accordingly, the purpose of this Act is to create a registry for all preschools and K-12 educational institutions within the State containing information on school employees, contractors, or volunteers for whom, as a result of an investigation, a final finding has been issued that the individual has inflicted harm on a student, with the goal of preventing those individuals from subsequently gaining employment in any other public or private preschools and K-12 institutions in Hawaii.
SECTION 2. Chapter 302A, Hawaii Revised Statutes, is amended by adding a new section to part IV, subpart B, to be appropriately designated and to read as follows:
"§302A- Harm to students registry; requirements; due
process; immunity. (a)
The department shall establish a harm to students registry, which shall
be a database of employees found to have inflicted harm on a student in the
State. The harm to students registry
shall contain:
(1) The employee's full legal name and
any prior names used, such as maiden name or married name;
(2) The employee's date of birth;
(3) The employee's photograph;
(4) The employee's last known address;
and
(5) The name of the reporting
institution.
(b) The reporting institution
shall certify to the department that any employee whose name and information has
been transmitted to the department for inclusion on the harm to students
registry has been afforded appropriate due process, as set forth in this
section.
(c) The reporting institution
shall certify that there has been a final finding, including the date of the
institution's final finding, resulting from the institution's investigation into
whether the institution's employee engaged in acts or omissions that resulted
in the infliction of harm to a student, notwithstanding whether the employee
was terminated, retired, resigned, or was banned from the school pending
completion of the investigation. Each
institution shall complete an investigation without regard to the employment
status of the employee under investigation or the status of the employee's
future involvement with the institution.
(d) For purposes of this section,
in order for an employee's name to be placed on the harm to students registry,
the investigation conducted by the reporting institution that rendered a final
finding of infliction of harm to a student shall involve, at a minimum:
(1) An investigator who was not a party
or witness to the incident under investigation and who does not report to a
complaining party or accused party;
(2) An opportunity for the complaining
party and accused party to provide information to the investigator regarding
the alleged misconduct or other circumstances that caused initiation of the
investigation;
(3) Representation for the accused party
if required by law or any applicable collective bargaining agreement; provided
that the department shall not provide representation for an accused party that
is not entitled to representation pursuant to a collective bargaining agreement;
(4) Consideration of the information
provided by all parties and witnesses who participated in the investigation;
and
(5) Reasoned findings based on the
information gathered that support the conclusion, by a preponderance of the
evidence, that the accused party inflicted harm on a student.
(e)
The reporting institution shall certify, before transmitting the
employee's name and other information to the department, that:
(1) The employee whose name is
transmitted to the department for inclusion on the harm to students registry
was given prior written notice of the institution's decision to transmit the
employee's name for this purpose;
(2) The employee was given the
opportunity to appeal the decision; and
(3) The employee either waived the right
to appeal or lost the appeal.
The department shall rely on an
institution's certification that the employee was provided due process in
accordance with this section.
(f) Each institution in the State,
when requested by another institution, shall share with that institution the
existence of any employee investigation that includes allegations of infliction
of harm to a student, including ongoing investigations.
(g) An institution that provides
information or an opinion about an employee's job performance to a prospective
employing institution shall be presumed to be acting in good faith and shall
have qualified immunity from civil or criminal liability for disclosing the
information and for the consequences of the disclosure.
(h) The good faith presumption
under subsection (g) shall be rebuttable upon a showing, by a preponderance of
the evidence, that the information or opinion disclosed was:
(1) Knowingly false; or
(2) Knowingly misleading.
(i) Nothing in subsections (g) and
(h) shall affect the rights, obligations, remedies, liabilities, or standards
of proof under chapters 89, 92F, 368, and 378.
(j) The harm to students registry
shall be made accessible to all institutions within the State.
(k) A person whose name is listed on
the harm to students registry may request the reporting institution to submit a
certified request to the department to remove the person's name from the registry
if new information is discovered that proves that the person has not inflicted
harm on a student such that the person's name does not belong on the registry. The department shall remove the person's name from
the harm to students registry upon receiving a certified request from the reporting
institution to remove the person's name from the registry.
(l) Any institution certifying the
inclusion of an employee on or removal of an employee from the harm to students
registry, or refusing to certify the removal of an employee from the harm to
students registry, shall defend and indemnify the department from any liability
resulting from any claim or cause of action relating to the employee's
inclusion on or removal from the registry, or relating to the institution's
refusal to certify the removal of the employee from the registry.
(m) As part of the procedures
followed pursuant to section 302A-601.5, the department shall consult the harm
to students registry to determine whether a candidate for employment is listed
on the registry.
(n) The department shall consult
the harm to students registry before authorizing a volunteer's assistance in a
role that involves the volunteer's interaction with, or close proximity to, a
student or students.
(o) If a candidate for employment
or a potential volunteer's name is listed on the harm to students registry, the
department shall cease to consider the candidate for employment or shall prohibit
the volunteer's assistance in a role that involves interaction with, or close
proximity to, a student or students.
(p) The harm to students registry
shall be exempt from disclosure under chapter 92F.
"Employee" means a
person currently or formerly employed by the institution and includes
contractors and volunteers for an institution.
"Final finding" means
the conclusion of an institution's investigation that results in a
determination by the institution.
"Harm to students
registry" or "registry" means a database of employees and any
related documents compiled by the department that a reporting institution
certifies and transmits to the department.
"Inflicted harm on a
student" or "infliction of harm on a student" means the act of
subjecting a student to abusive acts or sexual exploitation, whether with, to,
or in the presence of a student, including any:
(1) Sexual
act;
(2) Solicitation
of a sexual act, whether written, visual, verbal, or physical;
(3) Inappropriate
sexual contact or conduct, whether written, visual, verbal, or physical;
(4) Act
of child abuse;
(5) Intentional
solicitation, encouragement, or consummation of a romantic or physical
relationship, which includes dating a student; or
(6) Acts
of abuse or violence, including assault, torture, or physical punishment or
restraint that results in serious bodily injury.
"Institution" means any
public or private educational institution that services students in early
learning programs or schools, and from kindergarten through twelfth grade
within the State.
"Investigation" means any fact finding by an institution relating to an accusation of infliction of harm on a student that meets the requirements of subsection (d)."
SECTION 3. Chapter 302C, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
(b) The reporting private school shall certify,
before transmitting an employee's name and other information to the department,
that:
(1) The
employee whose name and information are transmitted to the department for
inclusion on the harm to students registry was given prior written notice of
the private school's decision to transmit the employee's name and information
for this purpose;
(2) The
employee was given the opportunity to appeal the decision; and
(3) The
employee either waived the right to appeal or lost the appeal.
The department shall rely on the
certification of the private school that the employee was provided due process
in accordance with this section.
(c) Each private school shall consult the harm to
students registry to determine whether a candidate for employment at the school
is listed on the registry.
(d) Each private school shall consult the harm to
students registry before authorizing a volunteer's assistance in a role that
involves the volunteer's interaction with, or close proximity to, a student or
students.
(e) If a candidate for employment or a potential
volunteer's name is listed on the harm to students registry, the private school
shall cease to consider the candidate for employment or shall prohibit the
volunteer's assistance in a role that involves interaction with, or close
proximity to, a student or students.
(f) Each private school, when requested by
another institution, shall share with that institution the existence of any
employee investigation that includes allegations of infliction of harm to a
student, including ongoing investigations.
(g) A private school that provides information or
an opinion about an employee's job performance to a prospective employing
institution shall be presumed to be acting in good faith and shall have
qualified immunity from civil or criminal liability for disclosing the
information and for the consequences of the disclosure.
(h) The good faith presumption under subsection
(g) shall be rebuttable upon a showing, by a preponderance of the evidence,
that the information or opinion disclosed was:
(1) Knowingly
false; or
(2) Knowingly
misleading.
(i) Nothing in subsections (g) and (h) shall
affect the rights, obligations, remedies, liabilities, or standards of proof
under chapters 89, 92F, 368, and 378.
(j) A
person whose name is listed on the harm to students registry may request the reporting
private school to submit a certified request to the department to remove the person's
name from the registry if new information is discovered that proves that the person
has not inflicted harm on a student such that the person's name does not belong
on the registry.
(k) A private school certifying the inclusion of
an employee on or removal of an employee from the harm to students registry, or
refusing to certify the removal of an employee from the harm to students
registry, shall defend and indemnify the department from any liability
resulting from any claim or cause of action relating to the employee's
inclusion on or removal from the registry, or relating to the private school's
refusal to certify the removal of the employee from the registry.
(l) As used in this section:
"Department" means the
department of education.
"Employee" has the same
meaning as defined in section 302A- (q).
"Final finding" has the
same meaning as defined in section 302A- (q).
"Harm to students
registry" or "registry" has the same meaning as defined in
section 302A- (q).
"Inflicted harm on a
student" or "infliction of harm on a student" has the same
meaning as defined in section 302A- (q).
"Institution" has the
same meaning as defined in section 302A- (q).
"Investigation" has the
same meaning as defined in section 302A- (q)."
SECTION 4. Chapter 302D, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§302D- Investigation of misconduct; reporting to
the department of education; harm to students registry; due process; indemnity. (a)
Pursuant to the requirements of section 302A- , each
public charter school shall certify to the department any final finding
resulting from the public charter school's investigation that an employee
inflicted harm on a student, notwithstanding whether the employee was
terminated, retired, resigned, or was banned from the school pending completion
of the investigation. Each public
charter school shall complete an investigation without regard to the status of
employment of the employee under investigation or the status of the employee's
future involvement with the institution.
(b) The reporting public charter school shall
certify, before transmitting the employee's name and other information to the
department, that:
(1) The employee whose name and
information are transmitted to the department for inclusion on the harm to
students registry was given prior written notice of the public charter school's
decision to transmit the employee's name and information for this purpose;
(2) The employee was given the
opportunity to appeal the decision; and
(3) The employee either waived the right
to appeal or lost the appeal.
The
department shall rely on the certification of the public charter school that
the employee was provided due process in accordance with this section.
(c) Each public charter school shall consult the
harm to students registry to determine whether a candidate for employment at
the school is listed on the registry.
(d) Each public charter school shall consult the
harm to students registry before authorizing a volunteer's assistance in a role
that involves the volunteer's interaction with, or close proximity to, a
student or students.
(e) If a candidate for employment or a potential
volunteer's name is listed on the harm to students registry, the public charter
school shall cease to consider the candidate for employment or shall prohibit
the volunteer's assistance in a role that involves interaction with, or close
proximity to, a student or students.
(f) Each public charter school, when requested by
another institution, shall share with that institution the existence of any
employee investigation that includes allegations of infliction of harm to a
student, including ongoing investigations.
(g) A public charter school that provides
information or an opinion about an employee's job performance to a prospective
employing institution shall be presumed to be acting in good faith and shall
have qualified immunity from civil or criminal liability for disclosing the
information and for the consequences of the disclosure.
(h) The good faith presumption under subsection
(g) shall be rebuttable upon a showing, by a preponderance of the evidence,
that the information or opinion disclosed was:
(1) Knowingly false; or
(2) Knowingly misleading.
(i) Nothing in subsections (g) and (h) shall
affect the rights, obligations, remedies, liabilities, or standards of proof
under chapters 89, 92F, 368, and 378.
(j) A person whose name is listed on
the harm to students registry may request the reporting public charter school
to submit a certified request to the department to remove the person's name
from the registry if new information is discovered that proves that the person
has not inflicted harm on a student such that the person's name does not belong
on the registry.
(k) A public charter school certifying the
inclusion of an employee on or removal of an employee from the harm to students
registry, or refusing to certify the removal of an employee from the harm to
students registry, shall defend and indemnify the department from any liability
resulting from any claim or cause of action relating to the employee's
inclusion on or removal from the registry, or relating to the public charter
school's refusal to certify the removal of the employee from the registry.
(l) As used in this section:
"Department"
means department of education.
"Employee"
has the same meaning as defined in section 302A- (q).
"Final
finding" has the same meaning as defined in section
302A- (q).
"Harm
to students registry" or "registry" has the same meaning as defined
in section 302A- (q).
"Inflicted
harm on a student" or "infliction of harm on a student" has the
same meaning as defined in section 302A- (q).
"Institution"
has the same meaning as defined in section 302A- (q).
"Investigation" has the same meaning as defined in section 302A- (q)."
SECTION 5. Chapter 302L, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§302L- Investigation of misconduct; reporting to
the department of education; harm to students registry; due process; indemnity. (a)
Pursuant to the requirements of section 302A- , each
early learning program or school shall certify to the department any final
finding resulting from the early learning program or school's investigation
that an employee inflicted harm on a student, notwithstanding whether the
employee was terminated, retired, resigned, or was banned from the program or school
pending completion of the investigation.
Each early learning program and school shall complete an investigation
without regard to the status of employment of the employee under investigation
or status of the employee's future involvement with the institution.
(b) The reporting early learning program or
school shall certify, before transmitting the employee's name and other
information to the department, that:
(1) The employee whose name and
information are transmitted to the department for inclusion on the harm to
students registry was given prior written notice of the early learning program
or school's decision to transmit the employee's name and information for this
purpose;
(2) The employee was given the
opportunity to appeal the decision; and
(3) The employee either waived the right
to appeal or lost the appeal.
The
department shall rely on the certification of the early learning program or
school that the employee was provided due process in accordance with this
section.
(c) Each early learning program or school shall
consult the harm to students registry to determine whether a candidate for
employment at the program or school is listed on the registry.
(d) Each early learning program or school shall
consult the harm to students registry before authorizing a volunteer's
assistance in a role that involves the volunteer's interaction with, or close
proximity to, a student or students.
(e) If a candidate for employment or a potential
volunteer's name is listed on the harm to students registry, the early learning
program or school shall cease to consider the candidate for employment or shall
prohibit the volunteer's assistance in a role that involves interaction with,
or close proximity to, a student or students.
(f) Each early learning program or school, when
requested by another institution, shall share with that institution the
existence of any employee investigation that includes allegations of infliction
of harm to a student, including ongoing investigations.
(g) An early learning program or school that
provides information or an opinion about an employee's job performance to a
prospective employing institution shall be presumed to be acting in good faith
and shall have qualified immunity from civil or criminal liability for
disclosing the information and for the consequences of the disclosure.
(h) The good faith presumption under subsection
(g) shall be rebuttable upon a showing, by a preponderance of the evidence,
that the information or opinion disclosed was:
(1) Knowingly false; or
(2) Knowingly misleading.
(i) Nothing in subsections (g) and (h) shall
affect the rights, obligations, remedies, liabilities, or standards of proof
under chapters 89, 92F, 368, and 378.
(j) A person whose name is listed on
the harm to students registry may request the reporting early learning program
or school to submit a certified request to the department to remove the person's
name from the registry if new information is discovered that proves that the person
has not inflicted harm on a student such that the person's name does not belong
on the registry.
(k) An early learning program or school
certifying the inclusion of an employee on or removal of an employee from the
harm to students registry, or refusing to certify the removal of an employee
from the harm to students registry, shall defend and indemnify the department
from any liability resulting from any claim or cause of action relating to the employee's
inclusion on or removal from the registry, or relating to the early learning
program or school's refusal to certify the removal of the employee from the
registry.
(l) As used in this section:
"Department"
means the department of education.
"Employee"
has the same meaning as defined in section 302A- (q).
"Final
finding" has the same meaning as defined in section
302A- (q).
"Harm
to students registry" or "registry" has the same meaning as defined
in section 302A- (q).
"Inflicted
harm on a student" or "infliction of harm on a student" has the
same meaning as defined in section 302A- (q).
"Institution"
has the same meaning as defined in section 302A- (q).
"Investigation" has the same meaning as defined in section 302A- (q)."
SECTION 6. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 7. New statutory material is underscored.
Report Title:
Department of Education; Private Schools; Charter Schools; Prekindergarten Programs and Schools; Harm to Students Registry
Description:
Establishes a harm to students registry, for all early learning programs or schools and K-12 educational institutions within the State, that contains information on school employees, contractors, or volunteers for whom, as result of an investigation, a final finding has been issued that the individual has inflicted harm on a student. (CD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
