HB1888 CD1

PART I

SECTION 1. The legislature finds that department of education employees and state public charter school employees play an important role in shaping the future and ensuring the welfare of the State's children. Increasing safeguards for educational workers who may encounter instances of harassment because of their status as an educational worker, and the establishment of a mechanism to address this harassment is essential to ensuring a secure and conducive environment for educators and students in the State.

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

(1) Requiring the department of education and state public charter schools to take certain steps to better address the harassment of educational workers, including sports officials; and

(2) Authorizing the attorney general to assist educational workers, including sports officials at department of education or public charter school sporting events, who have been subject to harassment or intentional bodily injury in obtaining a temporary restraining order.

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) When any educational worker believes that the educational worker is being subjected to harassment, as provided for in section 711-1106, by a person not employed by the department because of the educational worker's position as an educational worker, the educational worker may inform the educational worker's immediate supervisor, who shall take appropriate action using the procedures established pursuant to subsection (c)(3), including but not limited to change of workstation, development of a safety plan, mediation, administrative leave, or other actions in alignment with collective bargaining agreements.

(b) An educational worker who seeks judicial protection from harassment, as provided for in section 711-1106, by a person not employed by the department because of the educational worker's position as an educational worker, including obtaining a temporary restraining order, shall be entitled to a leave of absence with pay to attend court proceedings related to the protection; provided that the educational worker shall provide documentation to the department verifying the court‑related leave of absence; provided further that for those employees included in bargaining units pursuant to section 89-6, the leave of absence shall be negotiated pursuant to section 89‑9(a). 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.

(1) Conduct a formal internal investigation of all incidents of harassment submitted to the department by an educational worker pursuant to subsection (a); provided that for the purposes of this paragraph, "formal internal investigation" does not include an investigation conducted by a contracted third party;

(2) Report to the proper law enforcement authority within forty-eight hours all incidents of harassment submitted to the department by an educational worker pursuant to subsection (a), where the incident of harassment involves a potential threat of physical harm to the educational worker or another person;

(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 with current information related to harassment and safety in the department's opening of the school year packet that is provided to all department employees annually; and

(B) The procedures shall be posted on the department's website with current information regarding procedures for employee safety;

(4) Develop a written emergency safety plan for aiding educational workers who may experience 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; provided further that plans shall include procedures developed pursuant to paragraph (3) and subsection (a);

(5) Assist educational workers with legal actions to obtain temporary restraining orders that may arise from harassment, as provided for in section 711-1106, by a person not employed by the department because of the educational worker's position as an educational worker, including reimbursing the educational worker for the costs incurred from serving temporary restraining orders related to the harassment; provided that reimbursement shall not include the payment of attorneys' fees or court costs; and

(6) Ensure implementation of annual training for all educational workers on how to handle harassment situations and the use of de-escalation techniques; provided that this training shall be included in the annual safety training provided by the department for all employees.

(d) The attorney general may assist educational workers who are subjected to harassment or intentional bodily injury in obtaining a temporary restraining order.

(e) The authorization for the department of the attorney general to assist educational workers in obtaining a temporary restraining order under this section shall be discretionary. Nothing in this section shall be construed to:

(1) Authorize the department of the attorney general to provide representation to an educational worker in obtaining a temporary restraining order or to petition for relief on behalf of an educational worker; or

(2) Authorize a grievance or private right of action, whether in law or in equity, against the State, department of the attorney general, or any officer or employee of the department of the attorney general, whether in an official or individual capacity, relating to or arising out of subsection (d), and no court or tribunal shall have subject matter jurisdiction to consider any claims relating to the same.

(f) For the purposes of this section:

"Educational worker" means any administrator, specialist, counselor, teacher, sports official, or employee of the department or a person hired by the department on a contractual basis and engaged in carrying out a department function.

"Sports official" means a person at a sports event at a public school who enforces the rules of the event, such as an umpire, referee, timer, or scorer, or a person who supervises the participants, such as a coach, or a league or school administrator, regardless of whether the person is paid or provides their services as an unpaid volunteer."

SECTION 3. Chapter 302D, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§302D- Educational workers; protection and workplace safety; harassment; reporting; training. (a) When any educational worker believes that the educational worker is being subjected to harassment, as provided for in section 711-1106, by a person not employed by a public charter school because of the educational worker's position as an educational worker, the educational worker may inform the educational worker's immediate supervisor, who shall take appropriate action using the procedures established pursuant to subsection (c)(3), including but not limited to change of workstation, development of a safety plan, mediation, administrative leave, or other actions in alignment with collective bargaining agreements.

(b) An educational worker who seeks judicial protection from harassment, as provided for in section 711-1106, by a person not employed by a public charter school because of the educational worker's position as an educational worker, including obtaining a temporary restraining order, shall be entitled to a leave of absence with pay to attend court proceedings related to the protection; provided that the educational worker shall provide documentation to the public charter school verifying the court-related leave of absence; provided further that for those employees included in bargaining units pursuant to section 89-6, the leave of absence shall be negotiated pursuant to section 89‑9(a). 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.

(1) Conduct a formal internal investigation of all incidents of harassment submitted to the public charter school by an educational worker pursuant to subsection (a); provided that for the purposes of this paragraph, "formal internal investigation" does not include an investigation conducted by a contracted third party;

(2) Report to the proper law enforcement authority within forty-eight hours all incidents of harassment submitted to the public charter school by an educational worker pursuant to subsection (a), where the incident of harassment involves a potential threat of physical harm to the educational worker or another person;

(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 provided to all employees of a public charter school annually; and

(B) The procedures shall be posted on the public charter school's website;

(4) Develop a written emergency safety plan for aiding educational workers who may experience potentially harmful situations, including situations involving harassment, occurring in their work areas; provided that the public charter school shall give consideration to suggestions provided by educational workers in developing the emergency safety plan; provided further that plans shall include procedures developed pursuant to paragraph (3) and subsection (a);

(5) Assist educational workers with legal actions to obtain temporary restraining orders that may arise from harassment, as provided for in section 711-1106, by a person not employed by a public charter school because of the educational worker's position as an educational worker, including reimbursing the educational worker for the costs incurred from serving temporary restraining orders related to the harassment; provided that reimbursement shall not include the payment of attorneys' fees or court costs; and

(6) Ensure implementation of annual training for all educational workers on how to handle harassment situations and the use of de-escalation techniques.

(d) The attorney general may assist educational workers who are subjected to harassment or intentional bodily injury in obtaining a temporary restraining order.

(f) For the purposes of this section:

"Educational worker" means any administrator, specialist, counselor, teacher, sports official, or employee of a public charter school or a person hired by a public charter school on a contractual basis and engaged in carrying out a public charter school function.

"Sports official" means a person at a sports event at a public charter school who enforces the rules of the event, such as an umpire, referee, timer, or scorer, or a person who supervises the participants, such as a coach, or a league or school administrator, regardless of whether the person is paid or provides their services as an unpaid volunteer."

PART II

SECTION 4. Section 711-1106, Hawaii Revised Statutes, is amended to read as follows:

"§711-1106 Harassment. (1) A person commits the offense of harassment if, with intent to harass, annoy, or alarm any other person, that person:

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

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

(c) Repeatedly makes telephone calls, facsimile transmissions, or any form of electronic communication as defined in section 711-1111(2), including electronic mail transmissions, without purpose of legitimate communication;

(d) Repeatedly makes a communication anonymously or at an extremely inconvenient hour;

(e) Repeatedly makes communications, after being advised by the person to whom the communication is directed that further communication is unwelcome; [or]

(f) Makes a communication using offensively coarse language that would cause the recipient to reasonably believe that the actor intends to cause bodily injury to the recipient or another or damage to the property of the recipient or another[.]; or

(g) Disrupts or interferes with the administration or functions of any school, school administration office, or school board.

(2) [~~Harassment~~] Except as provided in subsection (3), harassment is a petty misdemeanor.

(3) Harassment is a misdemeanor if committed against an educational worker who is engaged in the performance of duty or who is within an educational facility.

(4) For the purposes of this section, "educational worker" means any administrator, specialist, counselor, teacher, or employee of the department of education or 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 sports official or other 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."

PART III

SECTION 5. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 7. This Act shall take effect upon its approval.

HOUSE OF REPRESENTATIVES	H.B. NO.	1888
THIRTY-THIRD LEGISLATURE, 2026		H.D. 3
STATE OF HAWAII		S.D. 2
		C.D. 1