HB1651

SECTION 1. The legislature finds that, in recognition of the indispensable role that department of education employees play in shaping the future and welfare of the State's children, it is imperative to acknowledge the department employees' duty to provide education to all children, regardless of their diverse background. A commitment to inclusivity, enhancement of safeguards for educational workers who may encounter instances of harassment, and the establishment of a mechanism to address such conditions, is essential to ensuring a secure and conducive environment for educators and students.

The purpose of this Act is to provide increased protection for educational workers by:

(1) Requiring the department of education to take certain steps to better address harassment of educational workers; and

(2) Establishing the offense of harassment of an educational worker.

SECTION 2. Chapter 302A, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§302A- Educational workers; protection and workplace safety; harassment; reporting; training. (a) Educational workers shall not be required to work under unsafe or hazardous conditions or perform tasks which imminently endangers the educational worker's health or safety. Such conditions shall include but are not limited to harassment of an educational worker.

(b) When any educational worker believes that an unsafe or hazardous condition exists for the worker, including situations involving harassment, the immediate supervisor of the worker shall be informed immediately and shall take appropriate action using the procedures established pursuant to subsection (d)(3).

(c) An educational worker who seeks judicial protection from harassment, including obtaining a temporary restraining order, shall be entitle to a leave of absence with pay to attend court proceedings related to such protection. The duration of the leave of absence with pay shall be reasonable and sufficient to allow the educational worker to fulfill their court-related obligations.

(d) The department shall:

(1) Conduct a formal investigation of all substantial or repeated incidents of harassment submitted to the department by an educational worker;

(2) Report all substantial incidents of harassment involving an educational worker to the proper law enforcement authority within forty-eight hours of the incident being reported;

(3) Implement procedures for the handling of harassment of educational workers, including educational workers excluded from collective bargaining under chapter 89; provided that:

(A) The procedures shall be included in the department's opening of the school year packet provided to all department employees annually; and

(B) The procedures shall be posted on the department's website;

(4) Develop a written emergency safety plan for aiding educational workers who have potentially harmful situations, including situations involving harassment, occurring in their work areas; provided that the department shall give consideration to suggestions provided by educational workers in developing the emergency safety plan;

(5) Assign one full-time employee within the department to handle and document harassment claims submitted to the department;

(6) Assist educational workers with any legal actions that may arise from harassment, including obtaining representation from the department of the attorney general and covering the costs incurred from serving temporary restraining orders related to substantial or repeated incidents of harassment; and

(7) Implement annual training for all educational workers on how to use de-escalation techniques and handle harassment from outside actors.

(e) For the purposes of this section, "educational worker" means any administrator, specialist, counselor, teacher, or employee of the department; a person who is a volunteer, as defined in section 90-1, in a school program, activity, or function that is established, sanctioned, or approved by the department; or a person hired by the department on a contractual basis and engaged in carrying out a department function."

SECTION 3. Chapter 711, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§711- Harassment of an educational worker. (1) A person commits the offense of harassment of an educational worker if, with intent to harass, annoy, or alarm an educational worker, that person:

(a) Strikes, shoves, kicks, or otherwise touches an educational worker in an offensive manner or subjects the educational worker to offensive physical contact; or

(b) Insults, taunts, or challenges an educational worker in a manner likely to provoke an immediate violent response or that would cause the educational worker to reasonably believe that the actor intends to cause bodily injury to the educational worker or another or damage to the property of the educational worker or another.

(2) Harassment of an educational worker is a misdemeanor.

(3) For the purposes of this section, "educational worker" means any administrator, specialist, counselor, teacher, or employee of the department of education or an employee of a public charter school; a person who is a volunteer, as defined in section 90-1, in a school program, activity, or function that is established, sanctioned, or approved by the department of education or a public charter school; or a person hired by the department of education or a public charter school on a contractual basis and engaged in carrying out a department of education or public charter school function."

SECTION 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 5. New statutory material is underscored.

SECTION 6. This Act shall take effect upon its approval.

INTRODUCED BY:

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HOUSE OF REPRESENTATIVES	H.B. NO.	1651
THIRTY-SECOND LEGISLATURE, 2024
STATE OF HAWAII