HOUSE OF REPRESENTATIVES

H.B. NO.

2445

THIRTY-THIRD LEGISLATURE, 2026

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to student safety.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

     SECTION 1.  The legislature finds that schools must remain safe, stable, and supportive environments for all students. Unplanned law enforcement or immigration enforcement activity on or near school campuses may cause fear, disruption to learning, and emotional distress for students and families.

     The legislature further finds that while public schools must comply with applicable law, the department of education has a responsibility to ensure that school personnel are trained, prepared, and guided by clear protocols that prioritize student safety, continuity of education, and lawful due process.

     The purpose of this Act is to require the department of education to develop, establish, and implement a standardized emergency response plan governing immigration enforcement activity at or near public schools, including training, communication protocols, and safeguards for students and families.

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

     "§302A-     Immigration enforcement activity; school emergency response plan.  (a)  The department shall develop, adopt, and implement a standardized emergency response plan for public schools to address immigration enforcement activities occurring on or near school campuses during instructional hours or school-sponsored activities.

     (b)  The emergency response plan required pursuant to this section shall be designed to:

     (1)  Protect student safety and emotional well-being;

     (2)  Minimize disruption to the educational environment;

     (3)  Ensure compliance with applicable state and federal law; and

     (4)  Provide clear guidance to school administrators and staff when immigration enforcement activity occurs on or near school campuses.

     (c)  The emergency response plan required pursuant to this section shall include, but not be limited to the following components:

     (1)  Protocols for law enforcement presence, including:

          (A)  Procedures for school administrators when approached by immigration enforcement officials;

          (B)  Requirements that any request to access school grounds or student records be referred to designated department legal counsel or administrators; and

          (C)  Guidance regarding warrants, subpoenas, and consent, consistent with state and federal law;

     (2)  Student protection measures, including:

          (A)  Procedures to ensure students are not questioned, detained, or removed from a school campus without appropriate legal authorization;

          (B)  Prohibitions on school personnel assisting in immigration enforcement activities beyond what is legally required by state and federal law; and

          (C)  Protocols to keep students supervised and safe at all times;

     (3)  Parental and guardian communication, including:

          (A)  Timely notification procedures for parents or legal guardians when immigration enforcement activity affects school operations or student dismissal, to the extent permitted by law; and

          (B)  Multilingual communication protocols where practicable;

     (4)  Staff training, including:

          (A)  Mandatory training for school administrators, teachers, and relevant staff on the emergency response plan; and

          (B)  Training that includes legal guidance, trauma-informed practices, and student de-escalation strategies;

     (5)  Coordination with complex areas and relevant state agencies; and

     (6)  Periodic review and updates of the emergency response plan to reflect changes in law or best practices.

     (d)  Personally identifiable student information shall be protected in accordance with state and federal privacy laws, including the Family Educational Rights and Privacy Act of 1974, as amended.

     (e)  Nothing in this section shall be construed to obstruct or interfere with lawful law enforcement activity conducted pursuant to valid legal authority.

     (f)  Nothing in this section shall create a duty for school personnel to determine a student's immigration status.

     (g)  The department shall submit a report to the legislature no later than twenty days prior to the convening of each regular session describing:

     (1)  Implementation of the emergency response plan required pursuant to this section;

     (2)  Training conducted pursuant to the emergency response plan; and

     (3)  Any other findings and recommendations, including proposed legislation.

     (h)  The department may adopt rules pursuant to chapter 91 to implement the purposes of this section."

     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on July 1, 2026.

 

INTRODUCED BY:

_____________________________

 

 

Report Title:

Department of Education; Public Schools Immigration Enforcement; Emergency Response Plan

 

Description:

Requires the Department of Education to develop, establish, and implement a standardized emergency response plan governing immigration enforcement activity at or near public schools.

 

 

 

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