STAND. COM. REP. NO. 1139-26

Honolulu, Hawaii

, 2026

RE: H.B. No. 1888

H.D. 3

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Madame:

Your Committee on Judiciary & Hawaiian Affairs, to which was referred H.B. No. 1888, H.D. 2, 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; and

(2) 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; State Public Charter School Commission; Hawaii State Commission on the Status of Women; Special Education Advisory Council; 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 Hawaii Autism Foundation; Hawaii Parents Special Education Council; and numerous individuals. Your Committee received comments on this measure from the Department of the Attorney General and one individual.

Your Committee finds that educational employees play an important role in shaping the future and ensuring the welfare of the State's children. Your Committee further finds that these employees must have certain safeguards when they encounter harassment and that ensuring certain harassment protections are in place promotes a secure and conducive environment for educators and students. This measure provides increased protections for educational workers who are subjected to harassment.

Your Committee has amended this measure by:

(1) Clarifying that the Department of Education and public charter schools may require an educational worker to work or perform tasks pending a formal investigation of incidences of harassment reported by the educational worker;

(2) Inserting language that includes disruption or interference with the administration or functions of any school, school administration office, or school board in the offense of harassment;

(3) Clarifying the definition of "educational worker" under the offense of harassment includes:

(A) Any administrator, specialist, counselor, teacher, or employee of the Department of Education or a public charter school; and

(B) 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;

(4) Deleting language that would have appropriated funds to the Department of Education and State Public Charter School Commission to each establish one full-time equivalent legal advocate position to assist educational workers in obtaining a temporary restraining order; and

(5) 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 Judiciary & Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1888, H.D. 2, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 1888, H.D. 3.

Respectfully submitted on behalf of the members of the Committee on Judiciary & Hawaiian Affairs,

____________________________

DAVID A. TARNAS, Chair