HB2621

SECTION 1. The legislature finds that student safety is fundamental to learning and that incidents of physical violence in schools undermine student well-being, academic success, and community trust. The legislature further finds that existing disciplinary frameworks do not consistently distinguish between aggressors, facilitators, victims, and bystanders, resulting in uneven discipline and insufficient data to inform prevention and intervention efforts.

The purpose of this Act is to clarify procedures related to the reporting of student misconduct involving physical violence and establish a consistent reporting and data framework to ensure accountability, transparency, and informed policy decisions.

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

" . Student Misconduct

§302A-A Definitions. As used in this subpart, unless the context otherwise requires:

"Facilitator" means a student who knowingly restrains, holds, blocks, corners, or otherwise prevents another student from escaping or defending themselves while physical violence is occurring.

"Fighting" means an incident involving physical violence between students, whether mutual or non-mutual, including situations in which one or more students initiate, escalate, or participate in an assault.

"Passive bystander" means a student who is present during an incident of physical violence but does not engage in physical participation, facilitation, or encouragement of the conduct.

"Physical violence" means the intentional use of physical force by a student against another student that results in or has the potential to result in physical injury, pain, or impairment.

"Primary aggressor" means a student who initiates or leads an act of physical violence against another student.

"Secondary aggressor" means a student who joins in, assists in, or escalates an act of physical violence initiated by another student.

"Victim" means a student against whom physical violence is directed and who does not voluntarily participate in the violent conduct.

§302A-B Physical violence incidents; report. (a) Each public school shall report to the department any incident involving physical violence, including fighting or facilitation of physical violence, no later than five school days after the incident.

(b) Reports required under this section shall include, at a minimum:

(1) The date and location of the incident;

(2) The grade levels involved;

(3) The number of students involved;

(4) The role of each student involved, including primary aggressor, secondary aggressor, facilitator, victim, or passive bystander;

(5) The disciplinary response imposed for each student involved, including whether the discipline was in-school or out-of-school; and

(6) Whether counseling, behavioral intervention, or restorative services were required or provided.

(c) Reports submitted pursuant to this section shall be made publicly available on the department's website; provided that such information shall not include personally identifiable student information and shall comply with all applicable state and federal student privacy laws.

§302A-C Physical violence incidents; data collection; monitoring; analysis. (a) The department shall collect and maintain data on incidents reported pursuant to section 302A-B for the purpose of monitoring trends, identifying areas of concern, and informing policy, training, and prevention strategies.

(b) The department shall, at a minimum, compile incident data by:

(1) School;

(2) Complex area;

(3) Grade level;

(4) Type of misconduct;

(5) Role classification; and

(6) Type of disciplinary response.

(1) The frequency and severity of physical violence incidents;

(2) The use of in-school versus out-of-school suspension;

(3) The prevalence of repeat offenses;

(4) Access to and completion of counseling or behavioral interventions; and

(5) The need for additional resources to protect the safety and security of students.

§302A-D Annual report. (a) No later than December 31 of each year, the department shall submit a report to the legislature summarizing data collected pursuant to this subpart.

(b) The annual report shall include:

(1) The total number of reported physical violence incidents statewide;

(2) A breakdown of incidents by school and complex area;

(3) The roles of students involved;

(4) The disciplinary actions imposed, including the proportion of in-school and out-of-school suspensions;

(5) Information on repeat incidents; and

(6) A summary of prevention and intervention efforts implemented by the department.

§302A-E Rules. The department shall adopt or amend rules, policies, and procedures pursuant to chapter 91 necessary to implement the purposes of this subpart."

SECTION 3. In codifying the new sections added by section 2 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	2621
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII