STAND. COM. REP. NO. 2221
Honolulu, Hawaii
RE: S.B. No. 3179
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 S.B. No. 3179 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 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.
Your Committees received testimony in support of this measure from the Department of Education; State Public Charter School Commission; Hawaiʻi State Teachers Association; Hawaii Government Employees Association, AFSCME Local 152, AFL-CIO; United Public Workers, AFSCME Local 646, AFL-CIO; and two individuals.
Your Committees received comments on this measure from the Department of the Attorney General.
Your Committees find that since the COVID-19 pandemic, attacks on educational workers have risen, causing many educational workers to consider quitting or transferring due to safety concerns. In addition to driving educators out of the classroom during a teacher shortage, harassment against educational workers creates unsafe school environments that disrupt student learning. This measure protects educational workers and promotes stability in public education by addressing workplace harassment.
Your Committees acknowledge the
concerns raised by the Department of the Attorney General that the scope of the
protections established under this measure, including the reasons for
harassment, sources of harassment, and legal actions requiring assistance,
require greater specificity to clarify the Legislature's intent. Additionally, the Department of Education is
in the process of preparing an internal policy for harassment committed by its
own employees. Therefore, amendments to
the measure are necessary to address these concerns.
Accordingly,
your Committees have amended this measure by:
(1) Inserting language where appropriate, to
clarify the protections established in this measure extend to educational
workers who believe they are being subject to harassment because of the
person's status as an educational worker;
(2) Clarifying throughout the measure that the established procedures regarding incidents of harassment of an educational worker:
(A) Employed
by the Department of Education apply to harassment committed by a person not
employed by the Department of Education; and
(B) Employed
by a public charter school apply to harassment committed by a person not
employed by a public charter school;
(3) Specifying that the Department of
Education shall only assist educational workers with legal actions to obtain
temporary restraining orders that arise from harassment;
(4) Requiring the Department of Education to
include training on how to handle harassment situations and the use of
de-escalation techniques in the annual safety training it provides for all
employees;
(5) Specifying that a public charter school shall
only assist educational workers with legal actions to obtain temporary
restraining orders that arise from harassment; and
(6) 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 S.B. No. 3179, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 3179, 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,
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________________________________ BRANDON J.C. ELEFANTE, Chair |
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________________________________ DONNA MERCADO KIM, Chair |
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