STAND. COM. REP. NO. 638-26

Honolulu, Hawaii

, 2026

RE: H.B. No. 1888

H.D. 2

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Madame:

Your Committee on Labor, to which was referred H.B. No. 1888, H.D. 1, entitled:

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

begs leave to report as follows:

The purpose of this measure is to:

(1) Require the Department of Education and public charter schools to adopt procedures for reporting and responding to harassment of educational workers;

(2) Expand the offense of harassment to include disruption or interference with school operations; and

(3) Elevate the penalty for harassment of an educational worker to a misdemeanor.

Your Committee received testimony in support of this measure from the Department of Education; Hawaii State Commission on the Status of Women; United Public Workers, AFSCME Local 646, AFL-CIO; Hawaiʻi State Teachers Association; Hawaii Government Employees Association, AFSCME Local 152, AFL-CIO; and numerous individuals. Your Committee received testimony in opposition to this measure from the Special Education Advisory Council and one individual. Your Committee received comments on this measure from the Department of the Attorney General.

Your Committee finds that educators and school staff increasingly face incidents of harassment that jeopardize their safety and disrupt the learning environment. Your Committee further finds that the absence of consistent reporting protocols, emergency response procedures, and legal support leaves many educational workers without adequate protection or recourse when confronted with harmful behavior from students, parents, or outside actors. Your Committee believes that strengthening education worker protections will provide a more secure environment that better protects the State's educational workforce.

Your Committee has amended this measure by:

(1) Clarifying that paid leave required under this measure may be met through existing employer-authorized paid leave and does not require employers to provide additional paid leave;

(2) Clarifying the requirements of the harassment report to law enforcement authority submitted by the Department of Education and public charter schools;

(3) Clarifying the duties of the Department of Education and public charter schools in assisting educational workers subjected to harassment through the Department's or charter school's advocate;

(4) Specifying that an advocate employed by the Department of Education or Public Charter School Commission preparing any legal form of document for a complainant seeking a temporary restraining order under this measure is not engaging in the unauthorized practice of law;

(5) Deleting language that would have included disruption or interference with the administration or functions of any school, school administration office, or school board in the offense of harassment;

(6) Clarifying the definition of "educational worker" for purposes of the offense of harassment to include public charter schools; and

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

As affirmed by the record of votes of the members of your Committee on Labor that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1888, H.D. 1, as amended herein, and recommends that it be referred to your Committee on Judiciary & Hawaiian Affairs in the form attached hereto as H.B. No. 1888, H.D. 2.

Respectfully submitted on behalf of the members of the Committee on Labor,

____________________________

JACKSON D. SAYAMA, Chair