Report Title:
Education; Prohibit Discrimination in State Funded Institutions
Description:
Prohibits discrimination on the basis of sex, race, sexual orientation, religion, or ancestry in any state funded educational institution, or any educational program or activity receiving state financial assistance or using state facilities.
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THE SENATE |
S.B. NO. |
2447 |
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TWENTY-FIRST LEGISLATURE, 2002 |
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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:
SECTION 1. The purpose of this Act is to guarantee all persons an equal opportunity to obtain and enjoy an education without discriminatory harassment because of sex, race, sexual orientation, religion, or ancestry. The State of Hawaii has a broad policy of non-discrimination in education, which is embodied in article X, section 1 of the Constitution of the State of Hawaii.
This Act recognizes the need, in light of the United States Supreme Court decision in Gebseret Al v. Lago Vista Independent School District, diminishing the protection provided from discrimination in education under Title IX of the Federal Education Amendments of 1972, to provide a state remedy from discriminatory harassment in state-funded education.
The intent of this Act is to provide students with the same protections from harassment that are given employees under chapter 378 (employment practices), Hawaii Revised Statutes. It is not intended that this Act result in the review of actions taken by educational institutions involving academic research, course content, teaching methodology, admissions, grades, or discipline, except where these issues are material to other acts which may be discriminatory.
SECTION 2. Chapter 368, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§368- Definitions. As used in this chapter, unless the context clearly requires otherwise:
"Disability" means the state of 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.
"Educational institution" means a public school as defined in section 302A-101, the University of Hawaii, and any other school or college receiving state financial assistance.
"Person" has the same meaning as defined in section 1-19, and includes a legal representative, partnership, receiver, trust, trustee, trustee in bankruptcy, the State, or any governmental entity or agency.
"Sexual orientation" has the same meaning as defined in section 378-1.
"State financial assistance" means grants, purchase-of-service contracts, or any other arrangement by which the State provides or otherwise makes available assistance in the form of funds to an entity for the purpose of rendering services on behalf of the State. It does not include procurement contracts, state insurance or guaranty contracts, licenses, tax credits, or loan guarantees to private businesses of general concern that do not render services on behalf of the State."
SECTION 3. Section 368-1.5, Hawaii Revised Statutes, is amended to read as follows:
"§368-1.5 Programs and activities receiving state financial assistance. (a) No otherwise qualified individual in the State [shall], solely by reason of [his or her] that person's disability, shall be excluded from the participation in, be denied the benefits of, or be subjected to discrimination by state agencies, or under any program or activity receiving state financial assistance.
[(b) As used in this section, the term "disability" means the state of 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.
(c) As used in this section, "state financial assistance" means grants, purchase-of-service contracts, or any other arrangement by which the State provides or otherwise makes available assistance in the form of funds to an entity for the purpose of rendering services on behalf of the State. It does not include procurement contracts, state insurance or guaranty contracts, licenses, tax credits, or loan guarantees to private businesses of general concern that do not render services on behalf of the State.]
(b) No person in the State, on the basis of sex, race, sexual orientation, religion, or ancestry, shall by any person be subjected to discriminatory harassment in any state-funded educational institution, or any educational program or activity receiving state financial assistance or utilizing state facilities. No person shall be subjected to retaliation due to opposition to discriminatory harassment or participation in any proceeding relating to that person's rights under this chapter."
SECTION 4. Section 368-3, Hawaii Revised Statutes, is amended to read as follows:
"§368-3 Powers and functions of commission. The commission shall have the following powers and functions:
(1) To receive, investigate, and conciliate complaints alleging any unlawful discriminatory practice under part I of chapter 489, chapter 515, and part I of chapter 378, and complaints filed under this chapter, and conduct proceedings on complaints alleging unlawful practices where conciliatory efforts are inappropriate or unsuccessful;
(2) To hold hearings and make inquiries, as it deems necessary, to carry out properly its functions and powers, and for the purpose of these hearings and inquiries, to administer oaths and affirmations, conduct depositions, compel the attendance of parties and witnesses and the production of documents by the issuance of subpoenas, examine parties and witnesses under oath, require answers to interrogatories, and delegate these powers to any member of the commission or any person appointed by the commission for the performance of its functions;
(3) To commence civil action in circuit court to seek appropriate relief, including the enforcement of any commission order, conciliation agreement, or predetermination settlement;
(4) To issue the right to sue to a complainant;
(5) To order appropriate legal and equitable relief or affirmative action when a violation is found;
(6) To issue publications and results of investigations and research that, in its judgment, will tend to promote goodwill and minimize or eliminate discrimination in employment, housing, [and] public accommodations[;], state educational institutions, and state funded services and educational programs or activities;
(7) To submit annually to the governor and the legislature a written report of its activities and recommendations for administrative or statutory changes required to further the purposes of this chapter;
(8) To appoint an executive director, deputy executive director, attorneys, and hearings examiners who shall be exempt from [chapters] chapter 76 [and 77], and investigators and other necessary support personnel who shall be subject to [chapters] chapter 76 [and 77]. Section 28-8.3 notwithstanding, an attorney employed by the commission as a full-time staff member may represent the commission in litigation, draft legal documents for the commission, provide other necessary legal services to the commission, and shall not be deemed to be a deputy attorney general; and
(9) To adopt rules under chapter 91."
SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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