REPORT TITLE:
Discrimination; Education


DESCRIPTION:
Prohibits any person in the State, on the basis of sex, race,
sexual orientation, religion, or ancestry, from being subjected
to discriminatory harassment or retaliation by another person in
any educational institution, or any educational program or
activity receiving state financial assistance.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                            802         
HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO DISCRIMINATION IN STATE FUNDED EDUCATION.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  The purpose of this Act is to guarantee all
 
 2 persons an equal opportunity to obtain and enjoy an education
 
 3 without discriminatory harassment because of sex, race, sexual
 
 4 orientation, religion, or ancestry.  The State of Hawaii has a
 
 5 strong policy of non-discrimination in education which is
 
 6 embodied in article X, section 1 of the state constitution.  This
 
 7 Act recognizes the need, in light of the recent U.S. Supreme
 
 8 Court decision in Gebser v. Lago Vista Independent School
 
 9 District, which diminished the protections provided to students
 
10 from discrimination in education under Title IX of the federal
 
11 Education Amendments of 1972, to provide a state remedy from
 
12 discriminatory harassment in state-funded education.
 
13      The intent of this Act is to provide students with the same
 
14 protections from harassment that are given employees under part I
 
15 of chapter 378, Hawaii Revised Statutes.  This Act is not
 
16 intended to result in a review of previous actions taken by
 
17 educational institutions involving academic research, course
 
18 content, teaching methodology, admissions, grades, or discipline,
 
19 except where these issues are material to other acts that may be
 

 
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 1 discriminatory.
 
 2      SECTION 2.  Section 368-1.5, Hawaii Revised Statutes, is
 
 3 amended to read as follows:
 
 4      "§368-1.5  Programs and activities receiving state financial
 
 5 assistance.(a)  No otherwise qualified individual in the State
 
 6 shall, solely by reason of [his or her] the individual's
 
 7 disability, be excluded from the participation in, be denied the
 
 8 benefits of, or be subjected to discrimination by state agencies,
 
 9 or under any program or activity receiving state financial
 
10 assistance.
 
11      (b)  No person in the State, on the basis of sex, race,
 
12 sexual orientation, religion, or ancestry, shall be subjected to
 
13 discriminatory harassment by another person in any educational
 
14 institution, or any educational program or activity receiving
 
15 state financial assistance.  No person shall be subjected to
 
16 retaliation due to opposition to discriminatory harassment or by
 
17 participation in any proceeding relating to the rights protected
 
18 under this section.
 
19      [(b)] (c)  Definitions.  As used in this section, [the term
 
20 "disability"] unless the context otherwise requires:
 
21      "Disability" means the state of having a physical or mental
 
22 impairment which substantially limits one or more major life
 
23 activities, having a record of such an impairment, or being
 

 
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 1 regarded as having such an impairment.
 
 2      [(c)  As used in this section, "state financial assistance"]
 
 3      "Educational institution" means "public schools" as defined
 
 4 in section 302A-101, the University of Hawaii, and any other
 
 5 school or college receiving state financial assistance.
 
 6      "Person" has the same meaning as defined in section 1-19,
 
 7 and includes a legal representative, partnership, receiver,
 
 8 trust, trustee, trustee in bankruptcy, the State, or any
 
 9 governmental entity or agency.
 
10      "Sexual orientation" has the same meaning as defined in
 
11 section 378-1.
 
12      "State financial assistance" means grants, purchase-of-
 
13 service contracts, or any other arrangement by which the State
 
14 provides or otherwise makes available assistance in the form of
 
15 funds to an entity for the purpose of rendering services on
 
16 behalf of the State.  It does not include procurement contracts,
 
17 state insurance or guaranty contracts, licenses, tax credits, or
 
18 loan guarantees to private businesses of general concern that do
 
19 not render services on behalf of the State."
 
20      SECTION 3.  Section 368-3, Hawaii Revised Statutes, is
 
21 amended to read as follows:
 
22      "§368-3 Powers and functions of commission.  The commission
 
23 shall have the following powers and functions:
 

 
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 1      (1)  To receive, investigate, and conciliate complaints
 
 2           alleging any unlawful discriminatory practice under
 
 3           chapters 489, 515, part I of chapter 378, and
 
 4           complaints filed under this chapter, and conduct
 
 5           proceedings on complaints alleging unlawful practices
 
 6           where conciliatory efforts are inappropriate or
 
 7           unsuccessful;
 
 8      (2)  To hold hearings and make inquiries, as it deems
 
 9           necessary, to carry out properly its functions and
 
10           powers, and for the purpose of these hearings and
 
11           inquiries, to administer oaths and affirmations,
 
12           conduct depositions, compel the attendance of parties
 
13           and witnesses and the production of documents by the
 
14           issuance of subpoenas, examine parties and witnesses
 
15           under oath, require answers to interrogatories, and
 
16           delegate these powers to any member of the commission
 
17           or any person appointed by the commission for the
 
18           performance of its functions;
 
19      (3)  To commence civil action in circuit court to seek
 
20           appropriate relief, including the enforcement of any
 
21           commission order, conciliation agreement, or
 
22           predetermination settlement;
 
23      (4)  To issue the right to sue to a complainant;
 

 
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 1      (5)  To order appropriate legal and equitable relief or
 
 2           affirmative action when a violation is found;
 
 3      (6)  To issue publications and results of investigations and
 
 4           research that, in its judgment, will tend to promote
 
 5           goodwill and minimize or eliminate discrimination in
 
 6           employment, housing, [and] public accommodations[;],
 
 7           and programs and activities receiving state financial
 
 8           assistance;
 
 9      (7)  To submit annually to the governor and the legislature
 
10           a written report of its activities and recommendations
 
11           for administrative or statutory changes required to
 
12           further the purposes of this chapter;
 
13      (8)  To appoint an executive director, deputy executive
 
14           director, attorneys, and hearings examiners who shall
 
15           be exempt from chapters 76 and 77, and investigators
 
16           and other necessary support personnel who shall be
 
17           subject to chapters 76 and 77.  Section 103D-209(b)
 
18           notwithstanding, an attorney employed by the commission
 
19           as a full-time staff member may represent the
 
20           commission in litigation, draft legal documents for the
 
21           commission, provide other necessary legal services to
 
22           the commission, and shall not be deemed to be a deputy
 
23           attorney general; and
 

 
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 1      (9)  To adopt rules under chapter 91."
 
 2      SECTION 4.  Statutory material to be repealed is bracketed.
 
 3 New statutory material is underscored.
 
 4      SECTION 5.  This Act shall take effect upon its approval.
 
 5 
 
 6                           INTRODUCED BY:_________________________