SB1428

SECTION 1. Chapter 302A, Hawaii Revised Statutes, is amended by adding a new section to be properly designated and to read as follows:

"§302A- Student welfare. (a) The board shall adopt procedures for notifying a student's parent if there is a change in the student's services or monitoring related to the student's mental, emotional, or physical health or well-being and the school's ability to provide a safe and supportive learning environment for the student. The procedures shall reinforce the fundamental right of parents to make decisions regarding the upbringing and control of their children by requiring school personnel to encourage a student to discuss issues relating to the student's well-being with the student's parent or to facilitate discussion of the issue with the parent. The procedures shall not prohibit parents from accessing any of their student's education and health records created, maintained, or used by the department.

(b) The board shall not adopt procedures or student support forms that prohibit school personnel from notifying a parent about the student's mental, emotional, or physical health or well-being, or a change in related services or monitoring, or that encourage or have the effect of encouraging a student to withhold from a parent such information. School personnel shall not discourage or prohibit parental notification of and involvement in critical decisions affecting a student's mental, emotional, or physical health or well-being. This subsection does not prohibit the department from adopting procedures that permit school personnel to withhold information from a parent if a reasonably prudent person would believe that disclosure would result in abuse, abandonment, or neglect.

(c) Classroom instruction by school personnel or third parties on sexual orientation or gender identity shall not occur in kindergarten through grade three or in a manner that is not age appropriate or developmentally appropriate for students in accordance with state standards.

(d) Student support services training developed or provided by the department to school personnel shall adhere to student services guidelines, standards, and frameworks established by the department.

(e) At the beginning of the school year, the department shall notify parents of each healthcare service offered at their student's school and the option to withhold consent or decline any specific service. Parental consent to a health care service does not waive the parent's right to access the student's educational or health records or to be notified about a change in the student's services or monitoring as provided by this subsection.

(f) Before administering a student well-being questionnaire or health screening form to a student in kindergarten through grade three, the department shall provide the questionnaire or health screening form to the parent and obtain the permission of the parent.

(g) The board shall adopt procedures for a parent to notify the principal, or the principal's designee, regarding concerns under this section at the student's school and the process for resolving those concerns within seven calendar days after notification by the parent. The procedures shall require that within thirty days after notification by the parent that the concern remains unresolved, the department shall either resolve the concern or provide a statement of the reasons for not resolving the concern:

(1) If a concern is not resolved by the department, a parent may:

(A) Request the superintendent to appoint a special master who is an attorney licensed to practice in the State and who has at least five years' experience in administrative law. The special master shall determine facts relating to the dispute over the departmental procedure or practice, consider information provided by the department and render a recommended decision for resolution to the board within thirty days after receipt of the request by the parent. The board shall approve or reject the recommended decision at its next regularly scheduled meeting that is more than seven calendar days and no more than thirty days after the date the recommended decision is transmitted. The costs of the special master shall be borne by the department. The board shall adopt rules, including forms, necessary to implement this subparagraph; or

(B) Bring an action against the department to obtain a declaratory judgment that the department procedure or practice violates this subsection and seek injunctive relief. A court may award damages and shall award reasonable attorney fees and court costs to a parent who receives declaratory or injunctive relief;

(2) The board shall adopt policies to notify parents of the procedures required under this subsection; and

(3) Nothing contained in this subsection shall be construed to abridge or alter rights of action or remedies in equity already existing under the common or general law."

SECTION 2. By June 30, 2024, the department of education shall review and update, as necessary, school counseling frameworks and standards; educator practices and professional conduct principles; and any other student services personnel guidelines, standards, or frameworks in accordance with the requirements of this Act.

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect on July 1, 2023.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	1428
THIRTY-SECOND LEGISLATURE, 2023
STATE OF HAWAII