Hawaii-2013-SB525-Introduced

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, harassment, and discrimination. A safe and civil environment in school is necessary for students to learn and to meet high academic standards. Bullying, cyberbullying, harassment, and discrimination, 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, teachers, staff, volunteers, and third party contractors and hires should be expected to demonstrate appropriate behavior, treat others with civility and respect, and refuse to tolerate bullying, cyberbullying, harassment, and discrimination.

The State has a responsibility to provide a safe and respectful learning environment in which all members of the school community, no matter their differing beliefs, characteristics, and backgrounds, are treated with dignity and respect, in order to realize their full potential.

The purpose of this Act is to prohibit discrimination in Hawaii's public schools and public charter schools and to protect students from bullying, cyberbullying, and harassment.

SECTION 3. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"Chapter

SAFE SCHOOLS ACT

§ -A Applicability. This chapter shall apply to all public schools governed by chapter 302A and all public charter schools governed by chapter 302D.

§ -B Definitions. As used in this chapter:

"Association with a person or group with these actual or perceived characteristics" means and includes advocacy for, identification with, or being on the ground owned or rented by, or adjacent to, any of the following: a community center, educational facility, family, individual, office meeting hall, place of worship, private institution, public agency, library, or other entity, group, or person that has or is identified with people who have one or more of the characteristics described in sections -D and -E.

"Bullying" means any written, verbal, graphic, or physical act that a student or group of students exhibits toward a particular student or students and the behavior causes mental or physical harm to the other student or students, and is sufficiently severe, persistent, or pervasive that it creates an intimidating, threatening, or abusive educational environment for the other student or students.

"Cyberbullying" means electronically transmitted acts, including through the Internet, cell phone, personal digital assistant, or wireless hand-held device that a student has exhibited toward another student or school employee which causes mental or physical harm to the other student or school employee and is sufficiently severe, persistent, or pervasive that it creates an intimidating, threatening, or abusive educational environment:

(1) On campus, or other school premises, when applicable, on a school vehicle, or during a school sponsored activity or event on or off school property;

(2) Through a school data system without school authorized communication; or

(3) Through an off campus computer network that is sufficiently severe, persistent, or pervasive that it creates an intimidating, threatening, or abusive educational environment for the other student or school employee, or both.

Electronic transmissions include but are not limited to the use of data, computer software that is accessed through a computer, a computer network system, other computerized systems, cellular phones, or other similar electronic devices that display e-mail, text messaging, blogs, photos, drawings, video clips, online community websites, or faxes, or a combination of the foregoing.

"Disability" means having a physical or mental impairment which substantially limits one or more major life activities, having a record of such an impairment, or being regarded as having such an impairment. This term includes mental, physical, developmental, or sensory disabilities.

"Disability, race, color, religion, ancestry, national origin, gender, gender identity, marital status, familial status, physical appearance, or sexual orientation" includes a perception that a person has any of those characteristics or that a person is associated with a person who has, or is perceived to have, any of those characteristics.

"Familial status" means the status of a minor child or children who reside with a parent having legal custody, a person who has been given care and custody of the child or children by a governmental agency, or a person who has written or unwritten permission from the legal parent. This term includes the status of a person who is pregnant, or any person who is in the process of securing legal custody of a minor child or children.

"Gender" means sex, and includes a person's gender identity.

"Gender identity" includes a person's actual or perceived gender, as well as a person's gender-related self-image, gender-related appearance, or gender-related expression, regardless of whether or not traditionally associated with the person's assigned sex at birth.

"Harassment" means a student who is harassing, bullying, including cyberbullying, annoying, or alarming another person by engaging in the following conduct that includes but is not limited to:

(1) Striking, shoving, kicking, or otherwise touching a person in an offensive manner or subjecting such 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 non-verbal expressions that causes others 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 that creates an intimidating, hostile, or offensive educational environment, or interferes with the education of a student, or otherwise adversely affects the educational opportunity of a student or students;

(4) Name calling, making rude gestures, insulting, or teasing another person who feels humiliated, intimidated, threatened, or embarrassed;

(5) Making a telephone call without purpose of legitimate communication;

(6) Making repeated communications anonymously, or at extremely inconvenient hours, or in offensively coarse language on campus, on other school premises, on a school vehicle, or during a school sponsored activity or event on or off school property;

(7) Causing fear so as to prevent others from gaining legitimate access to or use of school buildings, facilities, services, or grounds including but not limited to restroom facilities; or

(8) Physically harming, physically restraining, threatening, or stalking, or a combination of the foregoing.

"Nationality" means a person's citizenship, country of origin, and national origin.

"Physical appearance" includes a person's height, weight, hair color, eye color, or any other distinguishing physical characteristic.

"Race or ethnicity" means a person's ancestry, color, ethnic group identification, and ethnic background.

"Religion" means all aspects of religious belief, observance, and practice, and includes agnosticism and atheism.

"School vehicle" means any publicly or privately owned motor vehicle used to transport students to and from a public school or public charter school, public or public charter school functions, or public or public charter school-related events, except:

(1) A motor vehicle used for the transportation of students attending schools above the twelfth grade;

(2) A privately-owned passenger vehicle when the transportation is provided without compensation of any kind; provided that the school has approved the use of the privately-owned passenger vehicle;

(3) A motor vehicle used for the transportation of students together with other passengers as a part of the regularly scheduled operation of a mass transit system; or

(4) A privately-owned motor vehicle when the transportation is provided by a community association or a nonprofit corporation, duly incorporated with the department of commerce and consumer affairs, which operates for the purpose of promoting recreation, health, safety, ridesharing, or social group functions.

"Sexual harassment" means an unwelcome sexual advance, request for sexual favors, and other verbal, visual, physical conduct of a sexual nature, made by any student, administrator, teacher, school employee, or volunteer, under any of the following conditions:

(1) Submission to the conduct is explicitly or implicitly made a term or condition of an individual's employment, academic status, or progress;

(2) Submission to, or rejection of, the conduct by the individual is used as a basis of employment or academic decisions affecting the individual;

(3) The conduct has the purpose or effect of having a negative impact upon the individual's work or academic performance, or of creating an intimidating, hostile, or offensive work or educational environment; and

(4) Submission to, or rejection of, the conduct by the individual is used as the basis for any decision affecting the individual regarding benefits and services, honor programs, or activities available at the school.

"Sexual orientation" means having a preference for heterosexuality, homosexuality, or bisexuality, having a history of any one or more of these preferences, or being identified with any one or more of these preferences.

"Volunteer" means an individual who, with the approval of the school, has significant contact with students during official school activities.

§ -C Prohibition against bullying, cyberbullying, and harassment. No person shall engage in bullying, cyberbullying, or harassment, on any school premises, at any school sponsored or approved activity, or on any school vehicle.

§ -D Prohibition against discrimination. (a) No person, on the basis of that person's actual or perceived race, color, religion, ancestry, national origin, gender, socioeconomic status, academic status, gender identity, marital status, political party preference, policy belief, familial status, physical appearance, sexual orientation, or disability, or on the basis of association with a person or persons having or perceived to have any of these characteristics, shall be denied admission to any public school or public charter school or be denied participation in, be excluded from, be expelled from, be denied the benefits of or be discriminated against in any curricular, co-curricular, student services, recreational or other program or activity, including but not limited to:

(1) Any academic, co-curricular, research, or occupational training program or activity;

(2) Athletic programs;

(3) Access to information about an institution or program through recruitment; and

(4) The availability of financial assistance and opportunity.

(b) For purposes of this chapter, unwarranted placement of a student in special education classes or alternative schools based on the characteristics listed in subsection (a) shall be considered discrimination.

§ -E Prohibition against discrimination on the basis of sexual orientation or gender identity. (a) No person, on the basis of that person's actual or perceived sexual orientation or gender identity, shall be denied admission to any school or be denied participation in, be excluded from, be expelled from, be denied the benefits of or be discriminated against in any curricular, co-curricular, student services, recreational or other program or activity, including but not limited to:

(1) Any academic, co-curricular, research, or occupational training program or activity;

(2) Athletic programs;

(3) Access to information about an institution or program through recruitment; and

(4) The availability of financial assistance and opportunity.

(b) For purposes of this chapter, unwarranted placement of a student in special education classes or alternative schools based on the person's sexual orientation or gender identity shall be considered discrimination.

§ -F Curriculum. (a) No teacher shall utilize curriculum to discriminate against persons on the basis of the characteristics listed in sections -D and -E.

(b) Instruction may include a study of the role of specific groups of people, including but not limited to both men and women, African Americans, Latino Americans, Asian Pacific Island Americans, Native Americans, Hawaiians, people of other ethnic groups, lesbian, gay, bisexual, and transgendered people, and people with disabilities, to the economic, political, and social development of the State and the United States, with a particular emphasis on portraying the role of these groups in contemporary society.

§ -G Policies against bullying, cyberbullying, and harassment. (a) The board of education and the governing board of each public charter school shall adopt policies on bullying, cyberbullying, and harassment.

(b) The polices shall:

(1) Clearly define conduct that constitutes bullying, cyberbullying, and harassment, within the definitions contained in section -B;

(2) Clearly state that bullying, cyberbullying, and harassment are against state and school policy, while in school, on school equipment or property, in school vehicles, at designated school bus stops, at school sponsored activities, or at school sanctioned events, regardless of location;

(3) Prohibit bullying, cyberbullying, and harassment that disrupts or interferes with the school's educational mission or interferes with a student's education, academic performance, or ability to participate in, or benefit from, the services, activities, or privileges provided by the school;

(4) Clearly state the consequences for engaging in any conduct prohibited by this chapter or school policy; provided that the consequences may vary depending on the age or grade of the student involved;

(5) Require that any administrator, teacher, school employee, or volunteer who has witnessed or has reliable information that a student has been a victim of bullying, cyberbullying, and harassment shall report the incident to the school's principal or the principal's designee;

(6) Provide that any person who files a complaint pursuant to this chapter or school policy shall not be subject to retaliation or reprisal in any form;

(7) Require that the following notices be conspicuously posted in every classroom, cafeteria, restroom, gymnasium, auditorium, and school vehicle:

(A) Definitions of bullying, cyberbullying, and harassment, as provided in this chapter;

(B) A statement that bullying, cyberbullying, and harassment are prohibited; and

(8) Require that the notices required by paragraph (7) be provided to all students, administrators, teachers, school employees, volunteers, and third party contractors and hires;

(9) Require that the polices required by paragraph (7) be made available upon the request of any person;

(10) Provide examples of how the school may train students, administrators, teachers, school employees, volunteers, and third party contractors and hires on how to prevent bullying, cyberbullying, and harassment, and provide opportunities for participation in programs or other activities designed to develop the knowledge and skills needed to prevent and respond to acts prohibited under this chapter;

(11) Specify a procedure for the prompt investigation of a report of bullying, cyberbullying, or harassment, including the identification of those persons who shall be responsible for conducting the investigation;

(12) Specify that anonymous reports of bullying, cyberbullying, and harassment shall be sufficient to trigger an investigation; provided that no final action may be based solely on an anonymous report; and

(13) Include a process to refer reported acts of bullying, cyberbullying, and harassment to appropriate officials if it is determined that the school does not have jurisdiction over such acts.

(c) Any administrator, teacher, school employee, volunteer, or third party contractor or hire who reports any violation of this chapter shall be immune from any tort liability that may arise from any failure to remedy the reported incident.

§ -H Policies against discrimination. (a) The board of education and the governing board of each public charter school shall adopt policies on discrimination against students on the bases set forth in sections -D and �E.

(b) The policies shall:

(1) Clearly state that discrimination on the bases set forth in sections -D and �E are against state and school policy;

(2) Provide that any person who files a complaint pursuant to this chapter or school policy shall not be subject to retaliation or reprisal in any form;

(3) Provide examples of how the school may train students, administrators, teachers, school employees, volunteers, and third party contractors and hires on how to prevent discrimination and provide opportunities for participation in programs or other activities designed to develop the knowledge and skills needed to prevent and respond to acts of discrimination; and

(4) Specify a procedure for the prompt investigation of a report of discrimination, including the identification of those persons who shall be responsible for conducting the investigation.

§ -I Conduct by teachers regarding bullying, cyberbullying, harassment, and discrimination. (a) In fulfilling obligations to students, a teacher at a public school or public charter school:

(1) Shall not deliberately distort, suppress, or deny access to curricular materials or educational information in order to promote the teacher's personal views, interests, or goals;

(2) Shall make a reasonable effort to protect students from conditions that are harmful to learning or to health and safety;

(3) Shall not engage in physical abuse or sexual conduct with a student and shall report such an act by any administrator, teacher, school employee, or volunteer;

(4) Shall not wilfully expose a student to embarrassment or disparagement;

(5) Shall not harass, discriminate against, or grant a discriminatory advantage to a student on the grounds of actual or perceived race, color, religion, ancestry, national origin, gender, socioeconomic status, academic status, gender identity, marital status, political party preference, political belief, familial status, physical appearance, sexual orientation or disability, or on the basis of association with a person having or perceived to have any of those characteristics;

(6) Shall make reasonable efforts to assure that a student is protected from bullying, cyberbullying, harassment, and discrimination and shall not encourage bullying, cyberbullying, harassment, and discrimination against students;

(7) Shall accord just and equitable treatment to all students; and

(8) Shall keep confidential all information acquired about students in the course of the teacher's employment unless disclosure serves a compelling professional purpose or is required by law.

(b) In fulfilling professional obligations, administrators, teachers, and school employees:

(1) Shall not, on the basis of actual or perceived race, color, religion, ancestry, national origin, gender, socioeconomic status, academic status, gender identity, marital status, political party preference, political belief, familial status, physical appearance, sexual orientation, or disability, or on the basis of association with a person having or perceived to have any of those characteristics, deny another administrator, teacher, or school employee a professional benefit or advantage, or participation in any professional organization, and may not discriminate in any employment practice, assignment, or personnel evaluation;

(2) Shall accord just and equitable treatment to all other administrators, teachers, and school employees;

(3) Shall not use coercive means or promise special treatment in order to influence the professional decisions of other administrators, teachers, and school employees;

(4) Shall not bully, cyberbully, harass, or sexually harass any other administrator, teacher, or school employee;

(5) Shall keep confidential all information acquired about other administrators, teachers, and school employees during the course of employment, unless disclosure serves a compelling professional purpose or is required by law;

(6) Shall not deliberately misrepresent their or another administrator, teacher, or school employee's professional qualifications; and

(7) Shall not seek reprisal against any individual who has filed a complaint, provided testimony, or given any other assistance in support of a complaint filed against them for an alleged violation of this chapter.

(c) All other persons who are on a school campus or involved in school-sponsored activities shall be subject to the requirements of subsections (a) and (b), when their presence on campus or involvement in school-sponsored activities makes the application of those requirements appropriate.

§ -J Education and training on bullying, cyberbullying, and harassment. (a) The board of education and the governing board of each public charter school shall identify model educational programs for school administrators, teachers, coaches, staff, parents, volunteers, third party contractors and hires, and students to provide them with knowledge of this chapter and the school's policies on bullying, cyberbullying, and harassment.

(b) Each public school and public charter school may form task forces to implement educational programs or other initiatives that are aimed at the prevention of, and the appropriate response to, acts of bullying, cyberbullying, and harassment.

§ -K Education and training on discrimination. The board of education and the governing board of each public charter school shall identify model educational programs for school administrators, teachers, coaches, staff, parents, volunteers, third party contractors and hires, and students to provide them with knowledge of this chapter and the school's policies against discrimination, including providing examples of the prohibited discriminatory behaviors.

§ -L Licensing. In developing teacher licensing requirements pursuant to chapter 302A, the Hawaii teacher standards board may require teachers to complete classes related to bullying, cyberbullying, harassment, and discrimination.

§ -M Civil or criminal action. Nothing in this chapter shall be construed to require the exhaustion of any available administrative remedy before any civil or criminal complaint may be filed based on any violation of this chapter."

SECTION 4. There is appropriated out of the general revenues of the State of Hawaii the sum of $500,000 or so much thereof as may be necessary for fiscal year 2013-2014 and the same sum or so much thereof as may be necessary for fiscal year 2014-2015 for comprehensive training for school administrators, teachers, coaches, staff, parents, volunteers, third party contractors and hires, and students on bullying, cyberbullying, harassment, and discrimination.

The sums appropriated shall be expended by the department of education for the purposes of this Act.

SECTION 5. This Act shall take effect upon its approval; provided that section 4 shall take effect on July 1, 2013.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	525
TWENTY-SEVENTH LEGISLATURE, 2013
STATE OF HAWAII