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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2445 |
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THIRTY-THIRD LEGISLATURE, 2026 |
H.D. 1 |
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STATE OF HAWAII |
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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:
(1) Develop, adopt, and implement a standardized emergency response plan governing immigration enforcement activity at or within one thousand feet of public schools, including training, communication protocols, and safeguards for students and families; and
(2) Adopt policies and procedures to address immigration enforcement activity.
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 within one
thousand feet of 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 federal and state law; and
(4) Provide clear
guidance to school administrators and staff when immigration enforcement
activity occurs on or within one thousand feet of 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 federal
immigration 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 federal and state
law;
(2) Student protection measures, including:
(A) Procedures
to ensure students are not questioned, detained, or removed from a school
campus during instructional hours or school-sponsored activities without
appropriate legal authorization;
(B) Prohibitions
on school personnel assisting in immigration enforcement activities beyond what
is legally required by federal and state 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 federal and state privacy laws, including
the Family Educational Rights and Privacy Act of 1974, as amended.
(e) The department shall adopt policies and
procedures to address immigration enforcement activity that may occur:
(1) On or within one thousand feet of school
campuses;
(2) At school-sponsored activities and events;
and
(3) On school buses and marked or known school
bus stops during periods when school children are present at the stop.
(f) Nothing in this section shall be construed to
obstruct or interfere with lawful law enforcement activity conducted pursuant
to valid legal authority.
(g) Nothing in this section shall create a duty
for school personnel to determine a student's immigration status.
(h) 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.
(i) 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, 3000.
Report Title:
Department of Education; Public Schools Immigration Enforcement; Emergency Response Plan; Immigration Enforcement Activity; Policies; Procedures
Description:
Requires the Department of Education to develop, adopt, and implement a standardized emergency response plan governing immigration enforcement activity at or within one thousand feet of public schools and adopt policies and procedures to address immigration enforcement activity at certain school-related location and events. Effective 7/1/3000. (HD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.