HB1888 HD3

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, 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 requiring the department of education and state public charter schools to take certain steps to better address the harassment of educational workers.

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, the educational worker may inform the educational worker's immediate supervisor, who shall take appropriate action using the procedures established pursuant to subsection (c).

(b) An educational worker who seeks judicial protection from harassment, 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 for those employees included in bargaining units pursuant to section 89-6, such leave 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. Paid leave under this subsection may be satisfied through the use of accrued sick leave, vacation leave, administrative leave, or any other paid leave authorized by the employer and shall not require the employer to provide additional paid leave beyond existing leave benefits.

(1) Conduct a formal investigation of all incidents of harassment reported pursuant to subsection (a);

(2) Report to the proper law enforcement authority, within forty-eight hours, all incidents of harassment reported pursuant to subsection (a);

(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 in the department's opening of the school year packet provided to all educational workers annually; and

(B) The procedures shall be posted on the department's website;

(4) Develop a written emergency safety plan for aiding educational workers who experience potentially harmful situations, including situations involving harassment, in their work areas; provided that the department shall consider suggestions provided by educational workers in developing the emergency safety plan;

(5) Assist educational workers who are subjected to harassment, including providing assistance in obtaining a temporary restraining order and reimbursing the educational worker for the costs incurred in serving a temporary restraining order related to the harassment, but not including the payment of attorney's fees or court costs; and

(6) Implement annual training for all educational workers on how to use de-escalation techniques and handle harassment from outside actors.

(d) The department may require an educational worker to work or perform tasks pending a formal investigation initiated pursuant subsection (c).

(e) For the purposes of this section:

"Educational worker" means:

(1) Any administrator, specialist, counselor, teacher, or employee of the department;

(2) 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; or

(3) A person hired by the department on a contractual basis and engaged in carrying out a department function.

"Harassment" has the same meaning as provided in section 711-1106 and shall be based on the educational worker's position as an educational worker."

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, the educational worker may inform the educational worker's immediate supervisor, who shall take appropriate action using the procedures established pursuant to subsection (c).

(1) Conduct a formal investigation of all incidents of harassment reported pursuant to subsection (a);

(2) Report to the proper law enforcement authority, within forty-eight hours, all incidents of harassment reported pursuant to subsection (a);

(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 educational workers 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 experience potentially harmful situations, including situations involving harassment, in their work areas; provided that the public charter school shall consider suggestions provided by educational workers in developing the emergency safety plan;

(6) Implement annual training for all educational workers on how to use de-escalation techniques and handle harassment from outside actors.

(d) A public charter school may require an educational worker to work or perform tasks pending a formal investigation initiated pursuant subsection (c).

(e) For purposes of this section:

"Educational worker" means:

(1) Any administrator, specialist, counselor, teacher, or employee of a public charter school;

(2) 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 a public charter school; or

(3) A person hired by a public charter school on a contractual basis and engaged in carrying out a public charter school function.

"Harassment" has the same meaning as provided in section 711-1106 and shall be based on the educational worker's position as an educational worker."

SECTION 4. Section 605-14, Hawaii Revised Statutes, is amended to read as follows:

"§605-14 Unauthorized practice of law prohibited. It shall be unlawful for any person, firm, association, or corporation to engage in or attempt to engage in or to offer to engage in the practice of law, or to do or attempt to do or offer to do any act constituting the practice of law, except and to the extent that the person, firm, or association is licensed or authorized so to do by an appropriate court, agency, or office or by a statute of the State or of the United States. Nothing in [~~sections 605-14~~] this section to section 605-17 [~~contained~~] shall be construed to prohibit the preparation or use by any party to a transaction of any legal or business form or document used in the transaction[.] or the preparation of any legal form or document for any complainant seeking a temporary restraining order as provided by sections 302A- or 302D- ."

PART II

SECTION 5. 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 [is] shall be a petty misdemeanor[.]; provided that if the victim is an educational worker, harassment shall be a misdemeanor.

(3) For the purposes of this section, "educational worker" means:

(a) Any administrator, specialist, counselor, teacher, or employee of the department of education or a public charter school;

(b) 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

(c) A person hired by the department of education or by a public charter school on a contractual basis and engaged in carrying out a department of education or public charter school function, respectively."

PART III

SECTION 6. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

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