HB 1314: RELATING TO YOUTH MENTAL HEALTH.

A BILL FOR AN ACT

RELATING TO YOUTH MENTAL HEALTH.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  The legislature finds that it is well-established that adolescence is a significant time during human development.  As children become teenagers, their attention shifts from the approval of their parents to that of their peers, thereby becoming more susceptible to peer-pressure, bullying, and increased deviant behaviors.  In addition, with the increased access of social media, youth can be inundated with content that is difficult to process.  Youth trying to negotiate their way through this turbulent time may find it difficult to communicate their struggles with their parents.  This can leave the youth feeling isolated and unable to cope with their psychosocial stressors.

     In these dangerous situations, it may fall onto other positive adult figures in their lives to step up and check-in with these youths.  These adult figures are often teachers, counselors, or coaches at the school the youth attends. Therefore, it is vital that learning institutions develop and execute check-ins with their students to do "temperature checks" and offer support and resources if the student mentions their mental struggles.

     The purpose of this Act is to require that all schools develop plans to execute mental health check-ins with their students grades six through twelve.

     SECTION 2.  Chapter 302A, Hawaii Revised Statutes, is amended by adding a new section to part II, subpart C, to be appropriately designated and to read as follows:

     "§302A-     Mental health plans.  (a)  The department shall establish and implement student mental health plans for students within grades six through twelve.

     (b)  The mental health plans shall:

     (1)  Provide for check-ins at least once per semester to be documented on the student's permanent file;

     (2)  Be student focused to assess the student's mental, emotional, and physical health; and

     (3)  Have procedures for responding to issues, including providing necessary resources to the student and their parents or legal guardian.

     (c)  Any person, school, or private contractor of a school

who acts or fails to act in accordance with the requirements of this section shall be immune from any civil or criminal liability arising from these acts or omissions, except where the person's, school's, or contractor's conduct would constitute gross negligence, willful and wanton misconduct, or intentional misconduct."

     SECTION 3.  Chapter 302C, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§302C-     Mental health plans.  (a)  Each private school shall establish and implement student mental health plans for students within grades six through twelve.

     (b)  The mental health plans shall:

     (1)  Provide for check-ins at least once per semester to be documented on the student's permanent file;

     (2)  Be student focused to assess the student's mental, emotional, and physical health; and

     (3)  Have procedures for responding to issues, including providing necessary resources to the student and their parents or legal guardian.

     (c)  Any person, school, or private contractor of a school

who acts or fails to act in accordance with the requirements of this section shall be immune from any civil or criminal liability arising from these acts or omissions, except where the person's, school's, or contractor's conduct would constitute gross negligence, willful and wanton misconduct, or intentional misconduct."

     SECTION 4.  Chapter 302D, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§302D-     Mental health plans.  (a)  Each public charter school shall establish and implement student mental health plans for students within grades six through twelve.

     (b)  The mental health plans shall:

     (1)  Provide for check-ins at least once per semester to be documented on the student's permanent file;

     (2)  Be student focused to assess the student's mental, emotional, and physical health; and

     (3)  Have procedures for responding to issues, including providing necessary resources to the student and their parents or legal guardian.

     (c)  Any person, school, or private contractor of a school

who acts or fails to act in accordance with the requirements of this section shall be immune from any civil or criminal liability arising from these acts or omissions, except where the person's, school's, or contractor's conduct would constitute gross negligence, willful and wanton misconduct, or intentional misconduct."

     SECTION 5.  New statutory material is underscored.

     SECTION 6.  This Act shall take effect on July 1, 3000.

Report Title:

DOE; Private Schools; Public Charter Schools; Mental Health Plans

Description:

Requires that all schools develop plans to execute mental health check-ins with their students grades six through twelve.  Effective 7/1/3000.  (HD1)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

A BILL FOR AN ACT

relating to youth mental health.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  The legislature finds that it is well-established that adolescence is a significant time during human development.  As children become teenagers, their attention shifts from the approval of their parents to that of their peers, thereby becoming more susceptible to peer-pressure, bullying, and increased deviant behaviors.  In addition, with the increased access of social media, youth can be inundated with content that is difficult to process.  Youth trying to negotiate their way through this turbulent time may find it difficult to communicate their struggles with their parents.  This can leave the youth feeling isolated and unable to cope with their psychosocial stressors.

     In these dangerous situations, it may fall onto other positive adult figures in their lives to step up and check-in with these youths.  These adult figures are often teachers, counselors, or coaches at the school the youth attends. Therefore, it is vital that learning institutions develop and execute check-ins with their students to do "temperature checks" and offer support and resources if the student mentions their mental struggles.

     The purpose of this Act is to require that all schools develop plans to execute mental health check-ins with their students grades six through twelve.

     SECTION 2.  Chapter 302A, Hawaii Revised Statutes, is amended by adding a new section to part II, subpart C, to be appropriately designated and to read as follows:

     "§302A-     Mental health plans.  (a)  The department shall establish and implement student mental health plans for students within grades six through twelve.

     (b)  The mental health plans shall:

     (1)  Provide for check-ins at least once per semester to be documented on the student's permanent file;

     (2)  Be student focused to assess the student's mental, emotional, and physical health; and

     (3)  Have procedures for responding to issues, including providing necessary resources to the student and their parents or legal guardian."

     SECTION 3.  Chapter 302C, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§302C-     Mental health plans.  (a)  Each private school shall establish and implement student mental health plans for students within grades six through twelve.

     (b)  The mental health plans shall:

     (1)  Provide for check-ins at least once per semester to be documented on the student's permanent file;

     (2)  Be student focused to assess the student's mental, emotional, and physical health; and

     (3)  Have procedures for responding to issues, including providing necessary resources to the student and their parents or legal guardian."

     SECTION 4.  Chapter 302D, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§302D-     Mental health plans.  (a)  Each public charter school shall establish and implement student mental health plans for students within grades six through twelve.

     (b)  The mental health plans shall:

     (1)  Provide for check-ins at least once per semester to be documented on the student's permanent file;

     (2)  Be student focused to assess the student's mental, emotional, and physical health; and

     (3)  Have procedures for responding to issues, including providing necessary resources to the student and their parents or legal guardian."

     SECTION 5.  New statutory material is underscored.

     SECTION 6.  This Act shall take effect upon its approval.

Report Title:

DOE; Private Schools; Public Charter Schools; Mental Health Plans

Description:

Requires that all schools develop plans to execute mental health check-ins with their students grades six through twelve.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

STAND. COM. REP. NO.  176

Honolulu, Hawaii

                , 2025

RE:   H.B. No. 1314

      H.D. 1

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Madame:

     Your Committee on Education, to which was referred H.B. No. 1314 entitled:

"A BILL FOR AN ACT RELATING TO YOUTH MENTAL HEALTH,"

begs leave to report as follows:

     The purpose of this measure is to require all schools in the State to develop plans to execute mental health check-ins with their students in grades six through twelve.

     Your Committee received testimony in support of this measure from the Hawaiʻi Primary Care Association; Hawaii Association of School Psychologists; Democratic Party of Hawaiʻi Education Caucus; and three individuals.  Your Committee received testimony in opposition to this measure from one individual.  Your Committee received comments on this measure from the Department of the Attorney General; Department of Education; and Hawaiʻi Youth Services Network.

     Your Committee finds that, as children become teenagers, their attention shifts from the approval of their parents to that of their peers, causing youth to be more susceptible to peer-pressure, bullying, and increased deviant behaviors.  In addition, with the increased access of social media, youth can be inundated with content that is difficult to process.  Youth trying to negotiate their way through this turbulent time may find it difficult to communicate their struggles to their parents.  This can leave the youth feeling isolated and unable to cope with their psychosocial stressors.

     Your Committee further finds that it may fall onto other positive adult figures to step up and check-in with youths.  These adult figures are often teachers, counselors, or coaches at the school the youth attends.  Your Committee believes that requiring all schools to develop mental health plans that include the implementation of mental health check-ins will offer support and mental health resources for students.

     Your Committee has amended this measure by:

     (1)  Inserting language providing immunity for Department of Education schools, charter schools, and private schools, including their personnel and any private contractors hired by the schools, from any civil or criminal liability arising from providing mental health check-ins with their students, except where the conduct would constitute gross negligence, willful and wanton misconduct, or intentional misconduct; and

     (2)  Changing the effective date to July 1, 3000.

     As affirmed by the record of votes of the members of your Committee on Education that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1314, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1314, H.D. 1, and be referred to your Committee on Health.

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