SB2475 SD1

PART I

SECTION 1. The legislature finds that Hawaii's prekindergarten through grade twelve schools have increasingly served as safe havens for individuals who aim to exploit their positions at schools to carry out acts that harm children, violating the inherent trust in those positions. Recent investigations and reports indicate that offenses including but not limited to sexual abuse, physical assault, and other forms of harassment have been committed against students on various public and private prekindergarten through grade twelve campuses throughout the State. The school personnel or volunteer involved in these offenses often seeks to continue harming children by taking advantage of the inability of educational institutions to effectively share information with each other that may prevent future employment in similar educational settings.

The legislature further finds that based on real or perceived legal restrictions, educational institutions fail to provide vital information to one another regarding individuals who have committed various forms of harassment against students, creating a revolving door for repeat offenders and perpetrators at prekindergarten through grade twelve schools.

The legislature recognizes that it is essential to prevent the presence of these individuals on any prekindergarten through grade twelve campus and from serving in any capacity that requires interaction with or close proximity to students. Therefore, preventative measures are required to preserve the safety of both public and private prekindergarten through grade twelve campuses and bolster protections for students from harm.

Therefore, the purpose of this Act is to:

(1) Establish a registry for all prekindergarten through grade twelve educational institutions within the State to report instances of acts that demonstrate harm to students by school personnel or volunteers;

(2) Establish qualified immunity for employers who provide good faith information or opinion on a current or former employee's job performance; and

(3) Require the Hawaii teacher standards board to revoke the licenses of certain individuals who have resigned or retired during a pending investigation into allegations of sexual assault or sexual harassment.

SECTION 2. Section 302A-1002, Hawaii Revised Statutes, is amended to read as follows:

"[[]§302A-1002[]] Reporting of crime-related incidents[.]; harm to students registry; appeals. (a) There is established a harm to students registry, which shall be made accessible to any institution within the State. The department shall compile a registry of employees found to have inflicted harm to a student in the State. The registry shall contain:

(1) The full and legal name of the employee;

(2) The name of the reporting institution;

(3) Any significant dates including but not limited to the date of the incident and the date of the institution's final finding as a result of its investigation pursuant to subsection (b); and

(4) Any other information deemed necessary by the department.

Institutions shall share information relating to any ongoing or concluded investigation of infliction of harm to a student when requested by another institution. The information shared shall not include personally identifiable information of any student.

Notwithstanding any other law to the contrary, any information or employment documents related to the registry obtained from non-governmental educational institutions shall be exempt from the requirements of the Uniform Information Practices Act pursuant to chapter 92F.

(b) Upon notification that an employee has allegedly inflicted harm to a student, the institution shall complete an investigation of the allegation. The institution shall register with the department via the registry any final finding resulting from its investigation that an employee of the institution engaged in acts or omissions that resulted in the infliction of harm to a student, notwithstanding whether the employee was terminated, retired, resigned, or banned from the school, pending completion of the investigation. Notwithstanding the status of employment of the employee or future involvement with the school, each institution shall complete the investigation.

(c) All public schools shall inquire with the department to confirm whether a candidate for employment or prospective volunteer at their institution is listed on the registry. Each public school shall consult the registry before authorizing a candidate's or volunteer's assistance at any school event at the school that requires the candidate's or volunteer's interaction with, or close proximity to, a student. If the candidate's or volunteer's name is listed in the registry, the public school shall cease to consider the candidate for employment and shall not authorize the volunteer's assistance in a role that involves interaction with, or close proximity to, a student.

(d) Any person whose name appears on the registry may appeal to the office of the superintendent to remove their name from the registry. Upon submission of the appeal, the superintendent shall convene a temporary commission to determine the deletion from the registry. The temporary commission shall comprise of the following members:

(1) The superintendent or their designee;

(2) The executive director of the state public charter school commission or their designee; and

(3) The executive director of the Hawaii Association of Independent Schools or their designee.

The commission shall serve as the final arbitrator of appeals authorized by this section.

(e) The board shall adopt rules pursuant to chapter 91 to:

(1) Require a report to appropriate authorities from a teacher, official, or other employee of the department who knows or has reason to believe that an act has been committed or will be committed, which:

(A) Occurred or will occur on school property during school hours or during activities supervised by the school; and

(B) Involves crimes relating to arson, assault, burglary, disorderly conduct, dangerous weapons, dangerous drugs, harmful drugs, extortion, firearms, gambling, harassment, intoxicating drugs, marijuana or marijuana concentrate, murder, attempted murder, sexual offenses, rendering a false alarm, criminal property damage, robbery, terroristic threatening, theft, or trespass;

(2) Establish procedures for disposing of any incident reported; [~~and~~]

(3) Impose, in addition to any other powers or authority the department may have to discipline school officials, appropriate disciplinary action for failure to report these incidents, including probation, suspension, demotion, and discharge of school officials[.]; and

(4) Require the compilation and maintenance of the registry established pursuant to subsection (a).

(f) As used in this section:

"Employee" means all employees, contractors, and volunteers of any institution.

"Final finding" means the conclusion of an institution's investigation that results in a determination by the institution.

"Inflicted harm to a student" or "infliction of harm to a student" means a student has been subjected to sexual contact or conduct, including but not limited to sexual assault as defined in the Penal Code, molestation, sexual fondling, incest, or prostitution; obscene or pornographic photographing, filming, or depiction; or other similar forms of sexual exploitation, including but not limited to acts that constitute an offense pursuant to section 712-1202(1)(b).

"Institution" means any educational institution that serves any combination of students from grades prekindergarten through grade twelve within the State.

"Investigation" means any fact finding by an institution related to an individual's potential infliction of harm to a student; provided that the investigation involves, at a minimum:

(1) An investigator who is not a party or witness in the investigation and does not report to a complaining party or accused party;

(2) An opportunity for the complaining party and accused party to provide information to the investigator regarding the alleged misconduct or other circumstances that caused initiation of the investigation;

(3) Representation for an accused bargaining unit employee as required by law and the applicable collective bargaining agreement;

(4) Consideration of the information provided by all parties and witnesses who participated in the investigation; and

(5) Reasoned findings based on the information gathered that support the conclusion, to at least a preponderance of the evidence, that the individual inflicted harm to a student.

"Registry" means the harm to students registry established in this section containing a list of individuals compiled by the department that have been found through an institution's investigation to have demonstrated acts resulting in the infliction of harm on a student."

SECTION 3. Section 302A-1003, Hawaii Revised Statutes, is amended to read as follows:

"[[]§302A-1003[]] Indemnity upon reporting. (a) The State shall indemnify and hold harmless anyone participating in good faith in making a report pursuant to section 302A-1002 from any civil or criminal liability that might otherwise be incurred or imposed by, or as a result of, the making of the report.

(b) An employer that provides to a prospective employer information or opinion about a current or former employee's job performance is presumed to be acting in good faith and shall have qualified immunity from civil or criminal liability for disclosing the information and for the consequences of the disclosure.

(c) The good faith presumption under subsection (b) shall be rebuttable upon a showing by a preponderance of the evidence that the information or opinion disclosed was:

(1) Knowingly false; or

(2) Knowingly misleading.

(d) Nothing in this section shall affect the rights, obligations, remedies, liabilities, or standards of proof under chapters 89, 92F, 368, and 378."

PART II

SECTION 4. Chapter 302C, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§302C- Investigation of misconduct; reporting to department of education; harm to students registry. (a) Upon notification that an employee has allegedly inflicted harm to a student, the private school shall complete an investigation of the allegation.

(b) Pursuant to section 302A-1002, the private school shall report to the department of education via the registry any final finding resulting from a private school's investigation that an employee or volunteer of the institution engaged in acts or omissions that resulted in the infliction of harm on a student, notwithstanding whether the employee or volunteer was terminated, retired, resigned, or banned from the school, pending completion of the investigation. Notwithstanding the employment status or future involvement of the employee or volunteer with the school, each private school shall complete the investigation.

(c) All private schools shall inquire with the department of education to confirm whether a candidate for employment or prospective volunteer at their institution is listed on the registry. Each private school shall consult the registry before authorizing a candidate's or volunteer's assistance at any school event at the school that requires the candidate's or volunteer's interaction with, or close proximity to, a student. If the candidate's or volunteer's name is listed in the registry, the private school shall cease to consider the candidate for employment and shall not authorize the volunteer's assistance in a role that involves interaction with, or close proximity to, a student.

(d) All private schools shall share information relating to any ongoing or concluded investigation of infliction of harm to a student when requested by another institution.

(e) For purposes of this section, "employee", "final finding", "inflicted harm to a student" or "infliction of harm to a student", "institution", "investigation", and "registry" shall have the same meanings as defined in section 302A-1002."

SECTION 5. Chapter 302D, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§302D- Investigation of misconduct; reporting to department; harm to students registry. (a) Upon notification that an employee has allegedly inflicted harm to a student, a charter school shall complete an investigation of the allegation.

(b) Pursuant to section 302A-1002, the executive director shall report to the department via the registry any final finding resulting from a charter school's investigation that an employee or volunteer of the institution engaged in acts or omissions that resulted in the infliction of harm on a student, notwithstanding whether the employee or volunteer was terminated, retired, resigned, or banned from the school, pending completion of the investigation. Notwithstanding the employment status or future involvement of the individual with the school, each charter school shall complete the investigation.

(c) All charter schools shall inquire with the department to confirm whether a candidate for employment or prospective volunteer at their institution is listed on the registry. Each charter school shall consult the registry before authorizing a candidate's or volunteer's assistance at any event at the school that requires the candidate's or volunteer's interaction with, or close proximity to, a student. If the candidate's or volunteer's name is listed in the registry, the charter school shall cease to consider the candidate for employment and shall not authorize the volunteer's assistance in a role that involves interaction with, or close proximity to, a student.

(d) All charter schools shall share information relating to any ongoing or concluded investigation of infliction of harm to a student when requested by another institution.

SECTION 6. Chapter 302L, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§302L- Investigation of misconduct; reporting to department of education; harm to students registry. (a) Upon notification that an employee has allegedly inflicted harm to a student, an early learning program shall complete an investigation of the allegation.

(b) Pursuant to section 302A-1002, the early learning program shall report to the department of education via the registry any final finding resulting from an early learning program's investigation that an employee or volunteer of the institution engaged in acts or omissions that resulted in the infliction of harm on a student, notwithstanding whether the employee or volunteer was terminated, retired, resigned, or banned from the school, pending completion of the investigation. Notwithstanding the employment status or future involvement of the employee or volunteer with the school, each early learning program shall complete the investigation.

(c) All early learning programs shall inquire with the department of education to confirm whether a candidate for employment or prospective volunteer at their institution is listed on the registry. Each early learning program shall consult the registry before authorizing a candidate's or volunteer's assistance at any school event at the school that requires the candidate's or volunteer's interaction with, or close proximity to, a student. If the candidate's or volunteer's name is listed in the registry, the early learning program shall cease to consider the candidate for employment and shall not authorize the volunteer's assistance in a role that involves interaction with, or close proximity to, a student.

(d) All early learning programs shall share information relating to any ongoing or concluded investigation of infliction of harm to a student when requested by another institution.

(e) For purposes of this section, "employee", "final finding", "inflicted harm to a student", "infliction of harm to a student", "institution", "investigation", and "registry" shall have the same meanings as defined in section 302A-1002."

SECTION 7. Section 302A-602, Hawaii Revised Statutes, is amended to read as follows:

"§302A-602 Teachers; licenses and certificates. (a) No person shall serve as a teacher in the department without first having obtained a license from the Hawaii teacher standards board in [~~such~~] the form as the Hawaii teacher standards board determines. The department shall establish types of certificates in the educational field and the requirements to qualify for those certificates issued to individuals who are not required to obtain a license pursuant to sections 302A-801 to 302A-808.

(b) Beginning with the 2002-2003 school year, no person paid under the salary schedule contained in the unit 5 collective bargaining agreement shall serve as a teacher in the department without first having obtained a license pursuant to sections 302A-801 to 302A-808 from the Hawaii teacher standards board in [~~such~~] the form as the Hawaii teacher standards board determines.

(c) Beginning with the 2002-2003 school year, the department may employ unlicensed individuals as emergency hires pursuant to sections 302A-801 to 302A-808. The Hawaii Association of Independent Schools may, on a voluntary basis, collaborate with the department of education by reporting to the department the names of all individuals who were previously employed at a private school in the State and meet the criteria for placement on the list of individuals disqualified from employment with the department pursuant to section 302A-1002(a).

(d) Any person paid under the salary schedule contained in the unit (5) collective bargaining agreement shall have the person's license revoked by the Hawaii teacher standards board if the person resigns or retires during the pendency of any investigation into allegations of sexual assault or sexual harassment, including criminal and workplace investigations, and the person's name shall be included on the harm to students registry established pursuant to section 302A-1002; provided that inclusion on the registry shall only occur after an investigation conducted pursuant to section 302A-1002(b) results in a final finding that the person engaged in acts or omissions that resulted in the infliction of harm to a student.

(e) Any individual who retires or resigns from teaching before the completion of any investigation into an allegation that the individual inflicted harm to a student shall surrender their Hawaii teaching license. The Hawaii teacher standards board shall report the surrender of the individual's teaching license to the National Association of State Directors of Teacher Education and Certification.

(f) For the purposes of this section, "final finding", "infliction of harm to student", "investigation", and "registry" shall have the same meanings as defined in section 302A-1002."

PART III

SECTION 8. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 9. This Act shall take effect upon its approval.

THE SENATE	S.B. NO.	2475
THIRTY-SECOND LEGISLATURE, 2024		S.D. 1
STATE OF HAWAII