STAND. COM. REP. NO. 3807

 

Honolulu, Hawaii

                  

 

RE:    H.B. No. 1888

       H.D. 3

       S.D. 2

 

 

 

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

 

Sir:

 

     Your Committees on Judiciary and Ways and Means, to which was referred H.B. No. 1888, H.D. 3, S.D. 1, entitled:

 

"A BILL FOR AN ACT RELATING TO THE SAFETY OF EDUCATIONAL WORKERS,"

 

beg leave to report as follows:

 

     The purpose and intent of this measure is to:

 

     (1)  Require the Department of Education and public charter schools to take certain steps to report incidents of harassment and implement procedures for handling harassment of educational workers, including sports officials;

 

     (2)  Authorize the Attorney General to assist educational workers who have been subject to harassment or intentional bodily injury in obtaining a temporary restraining order;

 

     (3)  Clarify that a sports official includes a school or league administrator;

 

     (4)  Clarify that a sports official's duties cover sports events at public schools and private schools;

 

     (5)  Make intentional bodily injury of an educational worker or a sports official engaged in the lawful discharge of their duties a class B felony; and

 

     (6)  Elevate the penalty for harassment of educational workers to a misdemeanor.

 

     Your Committees received testimony in support of this measure from the Department of Education; Hawaii State Commission on the Status of Women; State Public Charter School Commission; Hawaii Government Employees Association, AFSCME Local 152, AFL-CIO; Hawaiʻi State Teachers Association; United Public Workers, AFSCME Local 646, AFL-CIO; and thirteen individuals.

 

     Your Committees received testimony in opposition to this measure from five individuals.

 

     Your Committees received comments on this measure from the Department of the Attorney General.

 

     Your Committees find that since the COVID-19 pandemic, attacks on educational workers have risen, causing many educational workers to consider quitting or transferring due to safety concerns.  In addition to driving educators out of the classroom during a teacher shortage, harassment against educational workers creates unsafe school environments that disrupt student learning.  This measure protects educational workers and promotes stability in public education by addressing workplace harassment.

 

     Your Committees note that S.B. No. 3179, S.D. 1 (Regular Session of 2026), which was previously passed by the Senate, is a substantially similar measure that also requires the Department of Education and public charter schools to take certain steps regarding incidents of harassment and implement procedures for handling harassment of educational workers.  Your Committees conclude that the language in S.B. No. 3179, S.D. 1 is preferable because it also extends these protections to administrative employees of the Department of Education and public charter schools.

 


 

     Accordingly, your Committees have amended this measure by:

 

     (1)  Deleting its contents and inserting the contents of S.B. No. 3179, S.D. 1, a substantially similar measure, which requires the Department of Education and public charter schools to take certain steps regarding incidents of harassment and implement procedures for handling harassment of educational workers;

 

     (2)  Requiring the Department of Education and public charter schools to take certain steps regarding incidents of harassment and implement procedures for handling harassment of sports officials at Department of Education or public charter school sporting events;

 

     (3)  Inserting language 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;

 

     (4)  Inserting language clarifying that a sports official's duties cover sports events at public schools and private schools;

 

     (5)  Inserting language elevating the intentional or knowing bodily injury of an educational worker or a sports official engaged in the lawful discharge of their duties to a class C felony for the first offense and a class B felony for a second or subsequent offense within ten years;

 

     (6)  Amending section 1 to reflect its amended purpose;

 

     (7)  Making conforming amendments; and

 

     (8)  Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

 

     As affirmed by the records of votes of the members of your Committees on Judiciary and Ways and Means that are attached to this report, your Committees are in accord with the intent and purpose of H.B. No. 1888, H.D. 3, S.D. 1, as amended herein, and recommend that it pass Third Reading in the form attached hereto as H.B. No. 1888, H.D. 3, S.D. 2.

 

Respectfully submitted on behalf of the members of the Committees on Judiciary and Ways and Means,

 

________________________________

DONOVAN M. DELA CRUZ, Chair

 

________________________________

KARL RHOADS, Chair