HB1888 SD2

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) Authorize 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) 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.

(e) 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 706-605.6, Hawaii Revised Statutes, is amended by amending subsection (2) to read as follows:

"(2) For the purposes of this section:

"Lawful discharge of the sports official's duty" means the performance of duties of a sports official from the time the sports official arrives at the venue of a sports event and ending when the sports official returns to their residence or business.

"Sports event" means any organized amateur or professional athletic contest in the State.

"Sports official" means a person at a sports event, including but not limited to a sports event at a public or private 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 5. Section 707-710, Hawaii Revised Statutes, is amended to read as follows:

"(1) A person commits the offense of assault in the first degree if the person intentionally or knowingly causes:

(a) Serious bodily injury to another person; [or]

(b) Substantial bodily injury to a person who is sixty years of age or older and the age of the injured person is known or reasonably should be known to the person causing the injury[.]; or

(i) An educational worker who is engaged in the performance of duty or who is within an educational facility; or

(ii) A sports official who is engaged in the lawful discharge of the sports official's duties.

(2) [~~Assault~~] Except as provided in subsection (3), assault in the first degree is a class B felony.

(3) Assault in the first degree is a class C felony where a person intentionally or knowingly causes bodily injury to:

(a) An educational worker who is engaged in the performance of duty or who is within an educational facility; or

(b) A sports official who is engaged in the lawful discharge of the sports official's duties;

provided that for a second or subsequent offense that occurs within ten years, the offense shall be a class B felony.

(4) For the purposes of this section:

"Educational worker" means:

(a) Any administrator, specialist, counselor, teacher, or employee of the department of education or a person hired by the department of education on a contractual basis and engaged in carrying out a department function; or

(b) Any administrator, specialist, counselor, teacher, 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.

"Lawful discharge of the sports official's duties" has the same meaning as defined in section 706-605.6.

"Sports official" has the same meaning as defined in section 706-605.6."

SECTION 6. Section 707-711, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:

"(1) A person commits the offense of assault in the second degree if the person:

(a) Intentionally, knowingly, or recklessly causes substantial bodily injury to another;

(b) Recklessly causes serious bodily injury to another;

(c) Intentionally or knowingly causes bodily injury to a correctional worker, as defined in section 710-1031(2), who is engaged in the performance of duty or who is within a correctional facility;

(d) Intentionally or knowingly causes bodily injury to another with a dangerous instrument;

[~~(e)~~ Intentionally or knowingly causes bodily injury to an educational worker who is engaged in the performance of duty or who is within an educational facility. For the purposes of this paragraph, "educational worker" means any administrator, specialist, counselor, teacher, or employee of the department of education or an employee of a 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 person hired by the department of education on a contractual basis and engaged in carrying out an educational function;

~~(f)~~] (e) Intentionally or knowingly causes bodily injury to any emergency medical services provider who is engaged in the performance of duty. For the purposes of this paragraph, "emergency medical services provider" means emergency medical services personnel, as defined in section 321-222, and physicians, physician's assistants, nurses, nurse practitioners, certified registered nurse anesthetists, respiratory therapists, laboratory technicians, radiology technicians, and social workers, providing services in the emergency room of a hospital;

[~~(g)~~] (f) Intentionally or knowingly causes bodily injury to a person employed at a state-operated or -contracted mental health facility. For the purposes of this paragraph, "a person employed at a state-operated or -contracted mental health facility" includes health care professionals as defined in section 451D-2, administrators, orderlies, security personnel, volunteers, and any other person who is engaged in the performance of a duty at a state-operated or -contracted mental health facility;

[~~(h)~~] (g) Intentionally or knowingly causes bodily injury to a person who:

(i) The defendant has been restrained from, by order of any court, including an ex parte order, contacting, threatening, or physically abusing pursuant to chapter 586; or

(ii) Is being protected by a police officer ordering the defendant to leave the premises of that protected person pursuant to section 709-906(4), during the effective period of that order;

[~~(i)~~] (h) Intentionally or knowingly causes bodily injury to any firefighter or water safety officer who is engaged in the performance of duty. For the purposes of this paragraph, "firefighter" has the same meaning as in section 710-1012 and "water safety officer" means any public servant employed by the United States, the State, or any county as a lifeguard or person authorized to conduct water rescue or ocean safety functions;

[~~(j)~~] (i) Intentionally or knowingly causes bodily injury to a person who is engaged in the performance of duty at a health care facility as defined in section 323D‑2. For purposes of this paragraph, "a person who is engaged in the performance of duty at a health care facility" includes health care professionals as defined in section 451D-2, physician assistants, surgical assistants, advanced practice registered nurses, nurse aides, respiratory therapists, laboratory technicians, and radiology technicians;

[~~(k)~~] (j) Intentionally or knowingly causes bodily injury to a person who is engaged in providing home health care services, as defined in section 431:10H-201;

[~~(l)~~] (k) Intentionally or knowingly causes bodily injury to a person employed or contracted to work by a mutual benefit society, as defined in section 432:1-104, to provide case management services to an individual in a hospital, health care provider's office, or home, while that person is engaged in the performance of those services;

[~~(m)~~] (l) Intentionally or knowingly causes bodily injury to a person who is sixty years of age or older and the age of the injured person is known or reasonably should be known to the person causing the injury;

[~~(n)~~ Intentionally or knowingly causes bodily injury to a sports official who is engaged in the lawful discharge of the sports official's duties. For the purposes of this paragraph, "sports official" and "lawful discharge of the sports official's duties" have the same meaning as in section 706-605.6;

~~(o)~~] (m) Intentionally or knowingly causes bodily injury to a national guard member who is engaged in the performance of duty. For purposes of this paragraph, "national guard member" means a member of the national guard on any duty or service done under or in pursuance of an order or call of the governor or the President of the United States or any proper authority as provided by law; or

[[~~(p)]~~] (n) Intentionally or knowingly causes bodily injury to any protective services worker who is engaged in the performance of the worker's duties. For purposes of this paragraph, "protective services worker" means any administrator, specialist, social worker, case manager, or aide employed by the department of human services to investigate or provide services in response to reports of child abuse or neglect, or to investigate or provide services in response to reports of abuse or neglect of a vulnerable adult."

PART III

SECTION 7. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 8. This Act shall take effect on July 1, 3000.

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