STAND. COM. REP. NO. 3388

Honolulu, Hawaii

RE: H.B. No. 1888

H.D. 3

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Sir:

Your Committees on Education and Labor and Technology, to which was referred H.B. No. 1888, H.D. 3, 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; and

(2) 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; State Public Charter School Commission; State Commission on the Status of Women; Hawaiʻi State Teachers Association; Hawaii Government Employees Association, AFSCME Local 152, AFL-CIO; United Public Workers, AFSCME Local 646, AFL-CIO; and fourteen individuals.

Your Committees received testimony in opposition to this measure from the Office of the Public Defender, Special Education Advisory Council, and fourteen individuals.

Your Committees find that increased instances of harassment against educational workers have destabilized many educational environments and led to higher teacher turnover rates. Establishing clear protections and consistent response procedures for harassment will enhance educator safety and create more positive school and learning environments.

Your Committees acknowledge the concerns raised in testimony that certain provisions of this measure penalizing disruptions or interference with school functions may be overly subjective and risk criminalizing the actions of special education students or parents advocating for those students. Your Committees further note that sports officials play an integral role in facilitating athletic events for many schools, and have also faced increased harassment in recent years. Therefore, amendments to this measure are necessary to address these matters and ensure public-facing school officials are sufficiently protected.

Accordingly, your Committees have amended this measure by:

(1) Deleting language that would have required the Department of Education and public charter schools to 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;

(2) Inserting language authorizing the Attorney General to assist educational workers who are subjected to harassment or intentional bodily injury in obtaining a temporary restraining order;

(3) Amending the definition of "educational worker" as appropriate throughout this measure to:

(A) Exclude administrators; and

(B) Include sports officials;

(4) Amending the definition of "sports official" to clarify that a sports official's duties cover sports events at public schools and private schools and include league or school administrators;

(5) Making it a class B felony to cause intentional bodily injury to:

(A) A sports official engaged in the lawful discharge of the sports official's duties; or

(B) An educational worker engaged in the performance of the educational worker's duties or within an educational facility;

(6) Deleting language that would have provided that a person commits the offence of harassment if, with the intent to harass, annoy, or alarm any other person, that person disrupts or interferes with the administration or functions of any school, school administration office, or school board;

(7) Amending section 1 to reflect its amended purpose; 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 Education and Labor and Technology that are attached to this report, your Committees are in accord with the intent and purpose of H.B. No. 1888, H.D. 3, as amended herein, and recommend that it pass Second Reading in the form attached hereto as H.B. No. 1888, H.D. 3, S.D. 1, and be referred to your Committees on Judiciary and Ways and Means.

Respectfully submitted on behalf of the members of the Committees on Education and Labor and Technology,

________________________________ BRANDON J.C. ELEFANTE, Chair

________________________________ DONNA MERCADO KIM, Chair