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,

 

________________________________

BRANDON J.C. ELEFANTE, Chair

 

________________________________

DONNA MERCADO KIM, Chair