HB 1888: DOE; AG; Public Charter Schools; Educational Workers; Sports Officials; Protection and Workplace Safety; Penal Code; Harassment
- Session Year: 2025-2026
- House: House
- Latest Version Date: 2026-05-01
Current Status:
Passed
(2026-07-14: Act 234, on 07/13/2026 (Gov. Msg. No. 1336).)
Introduced
In Committee
First Chamber
In Committee
Second Chamber
Final Decking
Enacted
What does this bill do?
The bill requires the Department of Education and public charter schools to strengthen protections for educational workers — including teachers, coaches, and sports officials — by creating safety plans, handling and investigating harassment reports, giving annual de‑escalation training, and helping workers obtain temporary restraining orders (including reimbursing service costs). It also expands the harassment law to cover disrupting or interfering with school functions and makes harassment of an educational worker on duty a misdemeanor, and lets the attorney general assist with restraining orders at its discretion. The bill gives workers paid leave to attend related court proceedings.
The summary is provided by generative AI which can make mistakes. For original language, please view the details in the table below.
Part I: Requires the Department of Education and state public charter schools to take certain steps to better address the harassment of educational workers, including sports officials. Authorizes the Attorney General to assist educational workers, including sports officials at department of education or public charter school sporting events, who have been subject to harassment or intentional bodily injury in obtaining a temporary restraining order. Part II: Includes the intentional, knowing or reckless disruption or interference with a school function, school administration, or school board under the offense of harassment. Makes harassment to an educational worker, including sports officials, engaged in the performance of their duty a misdemeanor. (CD1)
Part I: Requires the Department of Education and state public charter schools to take certain steps to better address the harassment of educational workers, including sports officials. Authorizes the Attorney General to assist educational workers, including sports officials at department of education or public charter school sporting events, who have been subject to harassment or intentional bodily injury in obtaining a temporary restraining order. Part II: Clarifies that a sports official's duties cover sports events at public schools and private schools. Makes intentional or knowing bodily injury of an educational worker or a sports official engaged in the lawful discharge of their duties a class C felony for the first offense and a class B felony for a second or subsequent offense within ten years. Effective 7/1/3000. (SD2)
Part I: Requires 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, including sports officials. Authorizes the Attorney General to assist educational workers who have been subject to harassment or intentional bodily injury in obtaining a temporary restraining order. Part II: Clarifies that a sports official includes a school or league administrator. Clarifies that a sports official's duties cover sports events at public schools and private schools. Makes intentional bodily injury of an educational worker or a sports official engaged in the lawful discharge of their duties a class B felony. Part III: Elevates the penalty for harassment of educational workers to a misdemeanor. Effective 7/1/3000. (SD1)
Requires 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. Elevates the penalty for harassment of educational workers to a misdemeanor. Effective 7/1/3000. (HD3)
Requires 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. Elevates the penalty for harassment to a misdemeanor when the recipient is an educational worker. Appropriates funds. Effective 7/1/3000. (HD2)
Requires 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. Includes the disruption or interference with the administration or functions of any school, school administration office, or school board in the offense of harassment. Elevates the penalty for harassment to a misdemeanor when the recipient is an educational worker. Appropriates funds. Effective 7/1/3000. (HD1)
Requires 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.
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1888 |
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THIRTY-THIRD LEGISLATURE, 2026 |
H.D. 3 |
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STATE OF HAWAII |
S.D. 2 |
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C.D. 1 |
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A BILL FOR AN ACT
RELATING TO THE SAFETY OF EDUCATIONAL WORKERS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
PART I
SECTION 1. The legislature finds that department of education employees and state public charter school employees play an important role in shaping the future and ensuring the welfare of the State's children. Increasing safeguards for educational workers who may encounter instances of harassment because of their status as an educational worker, and the establishment of a mechanism to address this harassment is essential to ensuring a secure and conducive environment for educators and students in the State.
The purpose of this part is to provide increased protection for educational workers by:
(1) Requiring the department of education and state public charter schools to take certain steps to better address the harassment of educational workers, including sports officials; and
(2) Authorizing the attorney general to assist educational workers, including sports officials at department of education or public charter school sporting events, who have been subject to harassment or intentional bodily injury in obtaining a temporary restraining order.
SECTION 2. Chapter 302A, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§302A- Educational workers; protection and workplace
safety; harassment; reporting; training. (a) When any educational worker believes that the educational worker is being subjected to harassment, as provided for in section 711-1106, by a person not employed by the department because of the educational worker's position as an educational worker, the educational worker may inform the educational worker's immediate supervisor, who shall take appropriate action using the procedures established pursuant to subsection (c)(3), including but not limited to change of workstation, development of a safety plan, mediation, administrative leave, or other actions in alignment with collective bargaining agreements.
(b) An educational worker who seeks judicial protection from harassment, as provided for in section 711-1106, by a person not employed by the department because of the educational worker's position as an educational worker, including obtaining a temporary restraining order, shall be entitled to a leave of absence with pay to attend court proceedings related to the protection; provided that the educational worker shall provide documentation to the department verifying the court‑related leave of absence; provided further that for those employees included in bargaining units pursuant to section 89-6, the leave of absence shall be negotiated pursuant to section 89‑9(a). The duration of the leave of absence with pay shall be reasonable and sufficient to allow the educational worker to fulfill their court-related obligations.
(c) The department shall:
(1) Conduct a formal internal investigation of all incidents of harassment submitted to the department by an educational worker pursuant to subsection (a); provided that for the purposes of this paragraph, "formal internal investigation" does not include an investigation conducted by a contracted third party;
(2) Report to the proper law enforcement authority within forty-eight hours all incidents of harassment submitted to the department by an educational worker pursuant to subsection (a), where the incident of harassment involves a potential threat of physical harm to the educational worker or another person;
(3) Implement procedures for the handling of harassment of educational workers, including educational workers excluded from collective bargaining under chapter 89; provided that:
(A) The procedures shall be included with current information related to harassment and safety in the department's opening of the school year packet that is provided to all department employees annually; and
(B) The procedures shall be posted on the department's website with current information regarding procedures for employee safety;
(4) Develop a written emergency safety plan for aiding educational workers who may experience potentially harmful situations, including situations involving harassment, occurring in their work areas; provided that the department shall give consideration to suggestions provided by educational workers in developing the emergency safety plan; provided further that plans shall include procedures developed pursuant to paragraph (3) and subsection (a);
(5) Assist educational workers with legal actions to obtain temporary restraining orders that may arise from harassment, as provided for in section 711-1106, by a person not employed by the department because of the educational worker's position as an educational worker, including reimbursing the educational worker for the costs incurred from serving temporary restraining orders related to the harassment; provided that reimbursement shall not include the payment of attorneys' fees or court costs; and
(6) Ensure implementation of annual training for all educational workers on how to handle harassment situations and the use of de-escalation techniques; provided that this training shall be included in the annual safety training provided by the department for all employees.
(d) The attorney general may assist educational workers who are subjected to harassment or intentional bodily injury in obtaining a temporary restraining order.
(e) The authorization for the department of the attorney general to assist educational workers in obtaining a temporary restraining order under this section shall be discretionary. Nothing in this section shall be construed to:
(1) Authorize the department of the attorney general to provide representation to an educational worker in obtaining a temporary restraining order or to petition for relief on behalf of an educational worker; or
(2) Authorize a grievance or private right of action, whether in law or in equity, against the State, department of the attorney general, or any officer or employee of the department of the attorney general, whether in an official or individual capacity, relating to or arising out of subsection (d), and no court or tribunal shall have subject matter jurisdiction to consider any claims relating to the same.
(f) For the purposes of this section:
"Educational worker" means any administrator, specialist, counselor, teacher, sports official, or employee of the department or a person hired by the department on a contractual basis and engaged in carrying out a department function.
"Sports official" means a person at a sports event at a public school who enforces the rules of the event, such as an umpire, referee, timer, or scorer, or a person who supervises the participants, such as a coach, or a league or school administrator, regardless of whether the person is paid or provides their services as an unpaid volunteer."
SECTION 3. Chapter 302D, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§302D- Educational workers; protection and workplace safety; harassment; reporting; training. (a) When any educational worker believes that the educational worker is being subjected to harassment, as provided for in section 711-1106, by a person not employed by a public charter school because of the educational worker's position as an educational worker, the educational worker may inform the educational worker's immediate supervisor, who shall take appropriate action using the procedures established pursuant to subsection (c)(3), including but not limited to change of workstation, development of a safety plan, mediation, administrative leave, or other actions in alignment with collective bargaining agreements.
(b) An educational worker who seeks judicial protection from harassment, as provided for in section 711-1106, by a person not employed by a public charter school because of the educational worker's position as an educational worker, including obtaining a temporary restraining order, shall be entitled to a leave of absence with pay to attend court proceedings related to the protection; provided that the educational worker shall provide documentation to the public charter school verifying the court-related leave of absence; provided further that for those employees included in bargaining units pursuant to section 89-6, the leave of absence shall be negotiated pursuant to section 89‑9(a). The duration of the leave of absence with pay shall be reasonable and sufficient to allow the educational worker to fulfill their court-related obligations.
(c) A public charter school shall:
(1) Conduct a formal internal investigation of all incidents of harassment submitted to the public charter school by an educational worker pursuant to subsection (a); provided that for the purposes of this paragraph, "formal internal investigation" does not include an investigation conducted by a contracted third party;
(2) Report to the proper law enforcement authority within forty-eight hours all incidents of harassment submitted to the public charter school by an educational worker pursuant to subsection (a), where the incident of harassment involves a potential threat of physical harm to the educational worker or another person;
(3) Implement procedures for the handling of harassment of educational workers, including educational workers excluded from collective bargaining under chapter 89; provided that:
(A) The procedures shall be provided to all employees of a public charter school annually; and
(B) The procedures shall be posted on the public charter school's website;
(4) Develop a written emergency safety plan for aiding educational workers who may experience potentially harmful situations, including situations involving harassment, occurring in their work areas; provided that the public charter school shall give consideration to suggestions provided by educational workers in developing the emergency safety plan; provided further that plans shall include procedures developed pursuant to paragraph (3) and subsection (a);
(5) Assist educational workers with legal actions to obtain temporary restraining orders that may arise from harassment, as provided for in section 711-1106, by a person not employed by a public charter school because of the educational worker's position as an educational worker, including reimbursing the educational worker for the costs incurred from serving temporary restraining orders related to the harassment; provided that reimbursement shall not include the payment of attorneys' fees or court costs; and
(6) Ensure implementation of annual training for all educational workers on how to handle harassment situations and the use of de-escalation techniques.
(d) The attorney general may assist educational workers who are subjected to harassment or intentional bodily injury in obtaining a temporary restraining order.
(e) The authorization for the department of the attorney general to assist educational workers in obtaining a temporary restraining order under this section shall be discretionary. Nothing in this section shall be construed to:
(1) Authorize the department of the attorney general to provide representation to an educational worker in obtaining a temporary restraining order or to petition for relief on behalf of an educational worker; or
(2) Authorize a grievance or private right of action, whether in law or in equity, against the State, department of the attorney general, or any officer or employee of the department of the attorney general, whether in an official or individual capacity, relating to or arising out of subsection (d), and no court or tribunal shall have subject matter jurisdiction to consider any claims relating to the same.
(f) For the purposes of this section:
"Educational worker" means any administrator, specialist, counselor, teacher, sports official, or employee of a public charter school or a person hired by a public charter school on a contractual basis and engaged in carrying out a public charter school function.
"Sports official" means a person at a sports event at a public charter school who enforces the rules of the event, such as an umpire, referee, timer, or scorer, or a person who supervises the participants, such as a coach, or a league or school administrator, regardless of whether the person is paid or provides their services as an unpaid volunteer."
PART II
SECTION 4. Section 711-1106, Hawaii Revised Statutes, is amended to read as follows:
"§711-1106 Harassment. (1) A person commits the offense of harassment if, with intent to harass, annoy, or alarm any other person, that person:
(a) Strikes, shoves, kicks, or otherwise touches another person in an offensive manner or subjects the other person to offensive physical contact;
(b) Insults, taunts, or challenges another person in a manner likely to provoke an immediate violent response or that would cause the other person to reasonably believe that the actor intends to cause bodily injury to the recipient or another or damage to the property of the recipient or another;
(c) Repeatedly makes telephone calls, facsimile transmissions, or any form of electronic communication as defined in section 711-1111(2), including electronic mail transmissions, without purpose of legitimate communication;
(d) Repeatedly makes a communication anonymously or at an extremely inconvenient hour;
(e) Repeatedly makes
communications, after being advised by the person to whom the communication is
directed that further communication is unwelcome; [or]
(f) Makes a
communication using offensively coarse language that would cause the recipient
to reasonably believe that the actor intends to cause bodily injury to the
recipient or another or damage to the property of the recipient or another[.];
or
(g) Disrupts or interferes with the administration or functions of any school, school administration office, or school board.
(2)
[Harassment] Except as provided in subsection (3), harassment
is a petty misdemeanor.
(3) Harassment is a misdemeanor if committed against an educational worker who is engaged in the performance of duty or who is within an educational facility.
(4) For the purposes of this section, "educational worker" means any administrator, specialist, counselor, teacher, or employee of the department of education or a public charter school; a person who is a volunteer as defined in section 90-1, in a school program, activity, or function that is established, sanctioned, or approved by the department of education or a public charter school; or a sports official or other person hired by the department of education or a public charter school on a contractual basis and engaged in carrying out a department of education or public charter school function."
PART III
SECTION 5. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 7. This Act shall take effect upon its approval.
Report Title:
DOE; AG; Public Charter Schools; Educational Workers; Sports Officials; Protection and Workplace Safety; Penal Code; Harassment
Description:
Part I: Requires the Department of Education and state public charter schools to take certain steps to better address the harassment of educational workers, including sports officials. Authorizes the Attorney General to assist educational workers, including sports officials at department of education or public charter school sporting events, who have been subject to harassment or intentional bodily injury in obtaining a temporary restraining order. Part II: Includes the intentional, knowing or reckless disruption or interference with a school function, school administration, or school board under the offense of harassment. Makes harassment to an educational worker, including sports officials, engaged in the performance of their duty a misdemeanor. (CD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1888 |
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THIRTY-THIRD LEGISLATURE, 2026 |
H.D. 3 |
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STATE OF HAWAII |
S.D. 2 |
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A BILL FOR AN ACT
RELATING TO THE SAFETY OF EDUCATIONAL WORKERS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
PART I
SECTION 1. The legislature finds that department of education employees and state public charter school employees play an important role in shaping the future and ensuring the welfare of the State's children. Increasing safeguards for educational workers who may encounter instances of harassment because of their status as an educational worker, and the establishment of a mechanism to address this harassment is essential to ensuring a secure and conducive environment for educators and students in the State.
The purpose of this part is to provide increased protection for educational workers by:
(1) Requiring the department of education and state public charter schools to take certain steps to better address the harassment of educational workers, including sports officials; and
(2) Authorize the attorney general to assist educational workers, including sports officials at department of education or public charter school sporting events, who have been subject to harassment or intentional bodily injury in obtaining a temporary restraining order.
SECTION 2. Chapter 302A, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§302A- Educational workers; protection and workplace
safety; harassment; reporting; training. (a) When any educational worker believes that the educational worker is being subjected to harassment, as provided for in section 711-1106, by a person not employed by the department because of the educational worker's position as an educational worker, the educational worker may inform the educational worker's immediate supervisor, who shall take appropriate action using the procedures established pursuant to subsection (c)(3), including but not limited to change of workstation, development of a safety plan, mediation, administrative leave, or other actions in alignment with collective bargaining agreements.
(b) An educational worker who seeks judicial protection from harassment, as provided for in section 711-1106, by a person not employed by the department because of the educational worker's position as an educational worker, including obtaining a temporary restraining order, shall be entitled to a leave of absence with pay to attend court proceedings related to the protection; provided that the educational worker shall provide documentation to the department verifying the court‑related leave of absence; provided further that for those employees included in bargaining units pursuant to section 89-6, the leave of absence shall be negotiated pursuant to section 89‑9(a). The duration of the leave of absence with pay shall be reasonable and sufficient to allow the educational worker to fulfill their court-related obligations.
(c) The department shall:
(1) Conduct a formal internal investigation of all incidents of harassment submitted to the department by an educational worker pursuant to subsection (a); provided that for the purposes of this paragraph, "formal internal investigation" does not include an investigation conducted by a contracted third party;
(2) Report to the proper law enforcement authority within forty-eight hours all incidents of harassment submitted to the department by an educational worker pursuant to subsection (a), where the incident of harassment involves a potential threat of physical harm to the educational worker or another person;
(3) Implement procedures for the handling of harassment of educational workers, including educational workers excluded from collective bargaining under chapter 89; provided that:
(A) The procedures shall be included with current information related to harassment and safety in the department's opening of the school year packet that is provided to all department employees annually; and
(B) The procedures shall be posted on the department's website with current information regarding procedures for employee safety;
(4) Develop a written emergency safety plan for aiding educational workers who may experience potentially harmful situations, including situations involving harassment, occurring in their work areas; provided that the department shall give consideration to suggestions provided by educational workers in developing the emergency safety plan; provided further that plans shall include procedures developed pursuant to paragraph (3) and subsection (a);
(5) Assist educational workers with legal actions to obtain temporary restraining orders that may arise from harassment, as provided for in section 711-1106, by a person not employed by the department because of the educational worker's position as an educational worker, including reimbursing the educational worker for the costs incurred from serving temporary restraining orders related to the harassment; provided that reimbursement shall not include the payment of attorneys' fees or court costs; and
(6) Ensure implementation of annual training for all educational workers on how to handle harassment situations and the use of de-escalation techniques; provided that this training shall be included in the annual safety training provided by the department for all employees.
(d) The attorney general may assist educational workers who are subjected to harassment or intentional bodily injury in obtaining a temporary restraining order.
(e) For the purposes of this section:
"Educational worker" means any administrator, specialist, counselor, teacher, sports official, or employee of the department or a person hired by the department on a contractual basis and engaged in carrying out a department function.
"Sports official" means a person at a sports event at a public school who enforces the rules of the event, such as an umpire, referee, timer, or scorer, or a person who supervises the participants, such as a coach, or a league or school administrator, regardless of whether the person is paid or provides their services as an unpaid volunteer."
SECTION 3. Chapter 302D, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§302D- Educational workers; protection and workplace safety; harassment; reporting; training. (a) When any educational worker believes that the educational worker is being subjected to harassment, as provided for in section 711-1106, by a person not employed by a public charter school because of the educational worker's position as an educational worker, the educational worker may inform the educational worker's immediate supervisor, who shall take appropriate action using the procedures established pursuant to subsection (c)(3), including but not limited to change of workstation, development of a safety plan, mediation, administrative leave, or other actions in alignment with collective bargaining agreements.
(b) An educational worker who seeks judicial protection from harassment, as provided for in section 711-1106, by a person not employed by a public charter school because of the educational worker's position as an educational worker, including obtaining a temporary restraining order, shall be entitled to a leave of absence with pay to attend court proceedings related to the protection; provided that the educational worker shall provide documentation to the public charter school verifying the court-related leave of absence; provided further that for those employees included in bargaining units pursuant to section 89-6, the leave of absence shall be negotiated pursuant to section 89‑9(a). The duration of the leave of absence with pay shall be reasonable and sufficient to allow the educational worker to fulfill their court-related obligations.
(c) A public charter school shall:
(1) Conduct a formal internal investigation of all incidents of harassment submitted to the public charter school by an educational worker pursuant to subsection (a); provided that for the purposes of this paragraph, "formal internal investigation" does not include an investigation conducted by a contracted third party;
(2) Report to the proper law enforcement authority within forty-eight hours all incidents of harassment submitted to the public charter school by an educational worker pursuant to subsection (a), where the incident of harassment involves a potential threat of physical harm to the educational worker or another person;
(3) Implement procedures for the handling of harassment of educational workers, including educational workers excluded from collective bargaining under chapter 89; provided that:
(A) The procedures shall be provided to all employees of a public charter school annually; and
(B) The procedures shall be posted on the public charter school's website;
(4) Develop a written emergency safety plan for aiding educational workers who may experience potentially harmful situations, including situations involving harassment, occurring in their work areas; provided that the public charter school shall give consideration to suggestions provided by educational workers in developing the emergency safety plan; provided further that plans shall include procedures developed pursuant to paragraph (3) and subsection (a);
(5) Assist educational workers with legal actions to obtain temporary restraining orders that may arise from harassment, as provided for in section 711-1106, by a person not employed by a public charter school because of the educational worker's position as an educational worker, including reimbursing the educational worker for the costs incurred from serving temporary restraining orders related to the harassment; provided that reimbursement shall not include the payment of attorneys' fees or court costs; and
(6) Ensure implementation of annual training for all educational workers on how to handle harassment situations and the use of de-escalation techniques.
(d) The attorney general may assist educational workers who are subjected to harassment or intentional bodily injury in obtaining a temporary restraining order.
(e) For the purposes of this section:
"Educational worker" means any administrator, specialist, counselor, teacher, sports official, or employee of a public charter school or a person hired by a public charter school on a contractual basis and engaged in carrying out a public charter school function.
"Sports official" means a person at a sports event at a public charter school who enforces the rules of the event, such as an umpire, referee, timer, or scorer, or a person who supervises the participants, such as a coach, or a league or school administrator, regardless of whether the person is paid or provides their services as an unpaid volunteer."
PART II
SECTION 4. Section 706-605.6, Hawaii Revised Statutes, is amended by amending subsection (2) to read as follows:
"(2) For the purposes of this section:
"Lawful discharge of the sports official's duty" means the performance of duties of a sports official from the time the sports official arrives at the venue of a sports event and ending when the sports official returns to their residence or business.
"Sports event" means any organized amateur or professional athletic contest in the State.
"Sports official" means a person at a sports event, including but not limited to a sports event at a public or private school, who enforces the rules of the event, such as an umpire, referee, timer, or scorer, or a person who supervises the participants, such as a coach, or a league or school administrator, regardless of whether the person is paid or provides their services as an unpaid volunteer."
SECTION 5. Section 707-710, Hawaii Revised Statutes, is amended to read as follows:
"(1) A person commits the offense of assault in the first degree if the person intentionally or knowingly causes:
(a) Serious bodily
injury to another person; [or]
(b) Substantial bodily
injury to a person who is sixty years of age or older and the age of the
injured person is known or reasonably should be known to the person causing the
injury[.]; or
(c) Bodily injury to:
(i) An educational worker who is engaged in the performance of duty or who is within an educational facility; or
(ii) A sports official who is engaged in the lawful discharge of the sports official's duties.
(2)
[Assault] Except as provided in subsection (3), assault in
the first degree is a class B felony.
(3) Assault in the first degree is a class C felony where a person intentionally or knowingly causes bodily injury to:
(a) An educational worker who is engaged in the performance of duty or who is within an educational facility; or
(b) A sports official who is engaged in the lawful discharge of the sports official's duties;
provided that for a second or subsequent offense that occurs within ten years, the offense shall be a class B felony.
(4) For the purposes of this section:
"Educational worker" means:
(a) Any administrator, specialist, counselor, teacher, or employee of the department of education or a person hired by the department of education on a contractual basis and engaged in carrying out a department function; or
(b) Any administrator, specialist, counselor, teacher, or employee of a public charter school or a person hired by a public charter school on a contractual basis and engaged in carrying out a public charter school function.
"Lawful discharge of the sports official's duties" has the same meaning as defined in section 706-605.6.
"Sports official" has the same meaning as defined in section 706-605.6."
SECTION 6. Section 707-711, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:
"(1) A person commits the offense of assault in the second degree if the person:
(a) Intentionally, knowingly, or recklessly causes substantial bodily injury to another;
(b) Recklessly causes serious bodily injury to another;
(c) Intentionally or knowingly causes bodily injury to a correctional worker, as defined in section 710-1031(2), who is engaged in the performance of duty or who is within a correctional facility;
(d) Intentionally or knowingly causes bodily injury to another with a dangerous instrument;
[(e) Intentionally
or knowingly causes bodily injury to an educational worker who is engaged in the performance of duty or who is within
an educational facility. For the
purposes of this paragraph, "educational worker" means any
administrator, specialist, counselor, teacher, or employee of the department of
education or an employee of a charter school; a person who is a volunteer, as
defined in section 90-1, in a school program, activity, or function that is
established, sanctioned, or approved by the department of education; or a
person hired by the department of education on a contractual basis and engaged
in carrying out an educational function;
(f)] (e) Intentionally or knowingly causes bodily
injury to any emergency medical services provider who is engaged in the
performance of duty. For the purposes of
this paragraph, "emergency medical services provider" means emergency
medical services personnel, as defined in section 321-222, and physicians,
physician's assistants, nurses, nurse practitioners, certified registered nurse
anesthetists, respiratory therapists, laboratory technicians, radiology technicians,
and social workers, providing services in the emergency room of a hospital;
[(g)] (f) Intentionally or knowingly causes bodily injury to a person employed at a state-operated or
-contracted mental health facility. For
the purposes of this paragraph, "a person employed at a state-operated or
-contracted mental health facility" includes health care professionals as
defined in section 451D-2, administrators, orderlies, security personnel,
volunteers, and any other person who is engaged in the performance of a duty at
a state-operated or -contracted mental health facility;
[(h)] (g)
Intentionally or knowingly causes bodily injury to a person who:
(i) The defendant has been restrained from, by order of any court, including an ex parte order, contacting, threatening, or physically abusing pursuant to chapter 586; or
(ii) Is being protected by a police officer ordering the defendant to leave the premises of that protected person pursuant to section 709-906(4), during the effective period of that order;
[(i)] (h) Intentionally or knowingly causes
bodily injury to any firefighter or water safety officer who is engaged in the
performance of duty. For the purposes of this
paragraph, "firefighter" has the same meaning as in section
710-1012 and "water
safety officer" means any public servant employed by the United States,
the State, or any county as a lifeguard or person authorized to conduct water
rescue or ocean safety functions;
[(j)] (i) Intentionally or knowingly causes bodily injury to a person
who is engaged in the performance of duty at a health care facility as defined
in section 323D‑2. For purposes of
this paragraph, "a person who is engaged in the performance of duty at a
health care facility" includes health care professionals as defined in
section 451D-2, physician assistants, surgical assistants, advanced practice
registered nurses, nurse aides, respiratory therapists, laboratory technicians,
and radiology technicians;
[(k)] (j) Intentionally or knowingly causes bodily injury to a person
who is engaged in providing home health care services, as defined in section
431:10H-201;
[(l)] (k)
Intentionally or knowingly causes bodily injury to a person
employed or contracted to work by a mutual benefit society, as defined in
section 432:1-104, to provide case management services to an individual in a
hospital, health care provider's office, or home, while that person is engaged
in the performance of those services;
[(m)] (l)
Intentionally or knowingly causes bodily injury to a person who
is sixty years of age or older and the age of the injured person is known or
reasonably should be known to the person causing the injury;
[(n) Intentionally or
knowingly causes bodily injury to a sports official who is engaged in the
lawful discharge of the sports official's duties. For the purposes of this paragraph,
"sports official" and "lawful discharge of the sports official's
duties" have the same meaning as in section 706-605.6;
(o)] (m) Intentionally
or knowingly causes bodily injury to a national guard member who is engaged in
the performance of duty. For purposes of
this paragraph, "national guard member" means a member of the
national guard on any duty or service done under or in pursuance of an order or
call of the governor or the President of the United States or any proper
authority as provided by law; or
[[(p)]] (n) Intentionally or
knowingly causes bodily injury to any protective services worker who is engaged
in the performance of the worker's duties.
For purposes of this paragraph, "protective services worker"
means any administrator, specialist, social worker, case manager, or aide
employed by the department of human services to investigate or provide services
in response to reports of child abuse or neglect, or to investigate or provide
services in response to reports of abuse or neglect of a vulnerable adult."
PART III
SECTION 7. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 8. This Act shall take effect on July 1, 3000.
Report Title:
DOE; AG; Public Charter Schools; Educational Workers; Sports Officials; Protection and Workplace Safety; Penal Code; Harassment; Intentional Bodily Injury; Felony
Description:
Part I: Requires the Department of Education and state public charter schools to take certain steps to better address the harassment of educational workers, including sports officials. Authorizes the Attorney General to assist educational workers, including sports officials at department of education or public charter school sporting events, who have been subject to harassment or intentional bodily injury in obtaining a temporary restraining order. Part II: Clarifies that a sports official's duties cover sports events at public schools and private schools. Makes intentional or knowing bodily injury of an educational worker or a sports official engaged in the lawful discharge of their duties a class C felony for the first offense and a class B felony for a second or subsequent offense within ten years. Effective 7/1/3000. (SD2)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1888 |
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THIRTY-THIRD LEGISLATURE, 2026 |
H.D. 3 |
|
|
STATE OF HAWAII |
S.D. 1 |
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A BILL FOR AN ACT
RELATING TO THE SAFETY OF EDUCATIONAL WORKERS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
PART I
SECTION 1. The legislature finds that department of education employees and state public charter school employees play an important role in shaping the future and ensuring the welfare of the State's children. Increasing safeguards for educational workers who may encounter instances of harassment, and the establishment of a mechanism to address this harassment, is essential to ensuring a secure and conducive environment for educators and students in the State.
The purpose of this part is to provide increased protection for public-facing educational workers, including sports officials, by requiring the department of education and state public charter schools to take certain steps to better address the harassment of educational workers.
SECTION 2. Chapter 302A, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§302A- Educational workers; protection and workplace safety; harassment; reporting; training. (a) When any educational worker believes that the educational worker is being subjected to harassment, the educational worker may inform the educational worker's immediate supervisor, who shall take appropriate action using the procedures established pursuant to subsection (c).
(b) An educational worker who seeks judicial protection from harassment, including obtaining a temporary restraining order, shall be entitled to a leave of absence with pay to attend court proceedings related to the protection; provided that for those employees included in bargaining units pursuant to section 89-6, leave shall be negotiated pursuant to section 89-9(a). The duration of the leave of absence with pay shall be reasonable and sufficient to allow the educational worker to fulfill their court-related obligations. Paid leave under this subsection may be satisfied through the use of accrued sick leave, vacation leave, administrative leave, or any other paid leave authorized by the employer and shall not require the employer to provide additional paid leave beyond existing leave benefits.
(c) The department shall:
(1) Conduct a formal investigation of all incidents of harassment reported pursuant to subsection (a);
(2) Report to the proper law enforcement authority, within forty-eight hours, all incidents of harassment reported pursuant to subsection (a);
(3) Implement procedures for the handling of harassment of educational workers, including educational workers excluded from collective bargaining under chapter 89; provided that:
(A) The procedures shall be included in the department's opening of the school year packet provided to all educational workers annually; and
(B) The procedures shall be posted on the department's website;
(4) Develop a written emergency safety plan for aiding educational workers who experience potentially harmful situations, including situations involving harassment, in their work areas; provided that the department shall consider suggestions provided by educational workers in developing the emergency safety plan; and
(5) Implement annual training for all educational workers on how to use de-escalation techniques and handle harassment from outside actors.
(d) The department may require an educational worker to work or perform tasks pending a formal investigation initiated pursuant subsection (c).
(e) The attorney general may assist educational workers who are subjected to harassment or intentional bodily injury in obtaining a temporary restraining order.
(f) For the purposes of this section:
"Educational worker" means:
(1) Any specialist, counselor, teacher, sports official, or employee of the department;
(2) A person who is a volunteer, as defined in section 90-1, in a school program, activity, or function that is established, sanctioned, or approved by the department; or
(3) A person hired by the department on a contractual basis and engaged in carrying out a department function.
"Harassment" has the same meaning as provided in section 711-1106 and shall be based on the educational worker's position as an educational worker.
"Sports official" has the same meaning as defined in section 706-605.6."
SECTION 3. Chapter 302D, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§302D- Educational workers; protection and workplace safety; harassment; reporting; training. (a) When any educational worker believes that the educational worker is being subjected to harassment, the educational worker may inform the educational worker's immediate supervisor, who shall take appropriate action using the procedures established pursuant to subsection (c).
(b) An educational worker who seeks judicial protection from harassment, including obtaining a temporary restraining order, shall be entitled to a leave of absence with pay to attend court proceedings related to the protection; provided that for those employees included in bargaining units pursuant to section 89-6, leave shall be negotiated pursuant to section 89-9(a). The duration of the leave of absence with pay shall be reasonable and sufficient to allow the educational worker to fulfill their court-related obligations. Paid leave under this subsection may be satisfied through the use of accrued sick leave, vacation leave, administrative leave, or any other paid leave authorized by the employer and shall not require the employer to provide additional paid leave beyond existing leave benefits.
(c) A public charter school shall:
(1) Conduct a formal investigation of all incidents of harassment reported pursuant to subsection (a);
(2) Report to the proper law enforcement authority, within forty-eight hours, all incidents of harassment reported pursuant to subsection (a);
(3) Implement procedures for the handling of harassment of educational workers, including educational workers excluded from collective bargaining under chapter 89; provided that:
(A) The procedures shall be provided to all educational workers of a public charter school annually; and
(B) The procedures shall be posted on the public charter school's website;
(4) Develop a written emergency safety plan for aiding educational workers who experience potentially harmful situations, including situations involving harassment, in their work areas; provided that the public charter school shall consider suggestions provided by educational workers in developing the emergency safety plan; and
(5) Implement annual training for all educational workers on how to use de-escalation techniques and handle harassment from outside actors.
(d) A public charter school may require an educational worker to work or perform tasks pending a formal investigation initiated pursuant subsection (c).
(e) The attorney general may assist educational workers who are subjected to harassment or intentional bodily injury in obtaining a temporary restraining order.
(f) For the purposes of this section:
"Educational worker" means:
(1) Any specialist, counselor, teacher, sports official, or employee of a public charter school;
(2) A person who is a volunteer, as defined in section 90-1, in a school program, activity, or function that is established, sanctioned, or approved by a public charter school; or
(3) A person hired by a public charter school on a contractual basis and engaged in carrying out a public charter school function.
"Harassment" has the same meaning as provided in section 711-1106 and shall be based on the educational worker's position as an educational worker.
"Sports official" has the same meaning as defined in section 706-605.6."
SECTION 4. Section 605-14, Hawaii Revised Statutes, is amended to read as follows:
"§605-14 Unauthorized practice of
law prohibited. It shall be unlawful
for any person, firm, association, or corporation to engage in or attempt to
engage in or to offer to engage in the practice of law, or to do or attempt to
do or offer to do any act constituting the practice of law, except and to the
extent that the person, firm, or association is licensed or authorized so to do
by an appropriate court, agency, or office or by a statute of the State or of
the United States. Nothing in [sections
605-14] this section to section 605-17 [contained]
shall be construed to prohibit the preparation or use by any party to a
transaction of any legal or business form or document used in the transaction[.]
or the preparation of any legal form or document for any complainant seeking
a temporary restraining order as provided by sections 302A-
or 302D- ."
PART II
SECTION 5. Section 706-605.6, Hawaii Revised Statutes, is amended to read as follows:
"§706-605.6 Assault against a sports official. (1) If a person is convicted of the offense of:
(a) Assault in the first degree, as provided by section 707-710;
(b) Assault in the
second degree, as provided by section 707-711(1)(a), (b), or (d)[, or
(n)];
(c) Assault in the third degree, as provided by section 707-712;
(d) Terroristic threatening in the first degree, as provided by section 707-716(a), (e), or (f); or
(e) Terroristic threatening in the second degree, as provided by section 707-717; and
the victim of the offense is a sports official engaged in the lawful discharge of the sports official's duties, the court may order, in the court's discretion, that the defendant, in addition to any other punishment imposed pursuant to chapter 706, be enjoined from attending any sports event of the type at which the sports official was engaged in the lawful discharge of the sports official's duties for a period of up to twelve months from the date of sentencing for a first offense, and for life for a second or subsequent offense.
(2) For the purposes of this section:
"Lawful discharge of the sports official's duty" means the performance of duties of a sports official from the time the sports official arrives at the venue of a sports event and ending when the sports official returns to their residence or business.
"Sports event" means any organized amateur or professional athletic contest in the State.
"Sports official" means a person at a sports event, including but not limited to a sports event at a public or private school, who enforces the rules of the event, such as an umpire, referee, timer, or scorer, or a person who supervises the participants, such as a coach, or a league or school administrator, regardless of whether the person is paid or provides their services as an unpaid volunteer."
SECTION 6. Section 707-710, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:
"(1) A person commits the offense of assault in the first degree if the person intentionally or knowingly causes:
(a) Serious bodily injury to another person; or
(b) Substantial bodily
injury to a person who is sixty years of age or older and the age of the
injured person is known or reasonably should be known to the person causing the
injury[.]; or
(c) Bodily injury to:
(i) A sports official who is engaged in the lawful discharge of the sports official's duties; provided that for the purposes of this subparagraph, "sports official" and "lawful discharge of the sports official's duties" have the same meanings as defined in section 706‑605.6; or
(ii) An educational worker who is engaged in the performance of duty or who is within an educational facility; provided that for the purposes of this subparagraph, "educational worker" means:
(A) Any specialist, counselor, teacher, or employee of the department of education or a public charter school;
(B) A person who is a volunteer, as defined in section 90-1, in a school program, activity, or function that is established, sanctioned, or approved by the department of education or a public charter school; or
(C) 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."
SECTION 7. Section 707-711, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:
"(1) A person commits the offense of assault in the second degree if the person:
(a) Intentionally, knowingly, or recklessly causes substantial bodily injury to another;
(b) Recklessly causes serious bodily injury to another;
(c) Intentionally or knowingly causes bodily injury to a correctional worker, as defined in section 710-1031(2), who is engaged in the performance of duty or who is within a correctional facility;
(d) Intentionally or knowingly causes bodily injury to another with a dangerous instrument;
[(e) Intentionally
or knowingly causes bodily injury to an educational worker who is engaged in the performance of duty or who is within
an educational facility. For the
purposes of this paragraph, "educational worker" means any
administrator, specialist, counselor, teacher, or employee of the department of
education or an employee of a charter school; a person who is a volunteer, as
defined in section 90-1, in a school program, activity, or function that is
established, sanctioned, or approved by the department of education; or a
person hired by the department of education on a contractual basis and engaged
in carrying out an educational function;
(f)] (e) Intentionally or knowingly causes bodily
injury to any emergency medical services provider who is engaged in the
performance of duty. For the purposes of
this paragraph, "emergency medical services provider" means emergency
medical services personnel, as defined in section 321-222, and physicians,
physician's assistants, nurses, nurse practitioners, certified registered nurse
anesthetists, respiratory therapists, laboratory technicians, radiology technicians,
and social workers, providing services in the emergency room of a hospital;
[(g)] (f) Intentionally or knowingly causes bodily injury to a person employed at a state-operated or
-contracted mental health facility. For
the purposes of this paragraph, "a person employed at a state-operated or
-contracted mental health facility" includes health care professionals as
defined in section 451D-2, administrators, orderlies, security personnel,
volunteers, and any other person who is engaged in the performance of a duty at
a state-operated or -contracted mental health facility;
[(h)] (g)
Intentionally or knowingly causes bodily injury to a person who:
(i) The defendant has been restrained from, by order of any court, including an ex parte order, contacting, threatening, or physically abusing pursuant to chapter 586; or
(ii) Is being protected by a police officer ordering the defendant to leave the premises of that protected person pursuant to section 709-906(4), during the effective period of that order;
[(i)] (h) Intentionally or knowingly causes
bodily injury to any firefighter or water safety officer who is engaged in the
performance of duty. For the purposes of this
paragraph, "firefighter" has the same meaning as in section
710-1012 and "water
safety officer" means any public servant employed by the United States,
the State, or any county as a lifeguard or person authorized to conduct water
rescue or ocean safety functions;
[(j)] (i) Intentionally or knowingly causes bodily injury to a person
who is engaged in the performance of duty at a health care facility as defined
in section 323D‑2. For purposes of
this paragraph, "a person who is engaged in the performance of duty at a
health care facility" includes health care professionals as defined in
section 451D-2, physician assistants, surgical assistants, advanced practice
registered nurses, nurse aides, respiratory therapists, laboratory technicians,
and radiology technicians;
[(k)] (j) Intentionally or knowingly causes bodily injury to a person
who is engaged in providing home health care services, as defined in section
431:10H-201;
[(l)] (k)
Intentionally or knowingly causes bodily injury to a person
employed or contracted to work by a mutual benefit society, as defined in
section 432:1-104, to provide case management services to an individual in a
hospital, health care provider's office, or home, while that person is engaged
in the performance of those services;
[(m)] (l)
Intentionally or knowingly causes bodily injury to a person who
is sixty years of age or older and the age of the injured person is known or
reasonably should be known to the person causing the injury;
[(n) Intentionally
or knowingly causes bodily injury to a sports official who is engaged in the
lawful discharge of the sports official's duties. For the purposes of this paragraph,
"sports official" and "lawful discharge of the sports official's
duties" have the same meaning as in section 706-605.6;
(o)] (m)
Intentionally or knowingly causes bodily injury to a national
guard member who is engaged in the performance of duty. For purposes of this paragraph,
"national guard member" means a member of the national guard on any
duty or service done under or in pursuance of an order or call of the governor
or the President of the United States or any proper authority as provided by
law; or
[[(p)]] (n)
Intentionally or knowingly causes bodily injury to any protective
services worker who is engaged in the performance of the worker's duties. For purposes of this paragraph,
"protective services worker" means any administrator, specialist,
social worker, case manager, or aide employed by the department of human
services to investigate or provide services in response to reports of child
abuse or neglect, or to investigate or provide services in response to reports
of abuse or neglect of a vulnerable adult."
PART III
SECTION 8. Section 711-1106, Hawaii Revised Statutes, is amended to read as follows:
"§711-1106 Harassment. (1) A person commits the offense of harassment if, with intent to harass, annoy, or alarm any other person, that person:
(a) Strikes, shoves, kicks, or otherwise touches another person in an offensive manner or subjects the other person to offensive physical contact;
(b) Insults, taunts, or challenges another person in a manner likely to provoke an immediate violent response or that would cause the other person to reasonably believe that the actor intends to cause bodily injury to the recipient or another or damage to the property of the recipient or another;
(c) Repeatedly makes telephone calls, facsimile transmissions, or any form of electronic communication as defined in section 711-1111(2), including electronic mail transmissions, without purpose of legitimate communication;
(d) Repeatedly makes a communication anonymously or at an extremely inconvenient hour;
(e) Repeatedly makes communications, after being advised by the person to whom the communication is directed that further communication is unwelcome; or
(f) Makes a communication using offensively coarse language that would cause the recipient to reasonably believe that the actor intends to cause bodily injury to the recipient or another or damage to the property of the recipient or another.
(2)
Harassment [is] shall be a petty misdemeanor[.];
provided that if the victim is an educational worker, harassment shall be a
misdemeanor.
(3) For the purposes of this section, "educational worker" means:
(a) Any specialist, counselor, teacher, sports official, or employee of the department of education or a public charter school; provided that for the purposes of this paragraph "sports official" has the same meaning as defined in section 706-605.6;
(b) A person who is a volunteer, as defined in section 90‑1, in a school program, activity, or function that is established, sanctioned, or approved by the department of education or a public charter school; or
(c) 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."
PART IV
SECTION 9. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 10. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 11. This Act shall take effect on July 1, 3000.
Report Title:
DOE; AG; Public Charter Schools; Educational Workers; Sports Officials; Protection and Workplace Safety; Penal Code; Harassment; Intentional Bodily Injury
Description:
Part I: Requires 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, including sports officials. Authorizes the Attorney General to assist educational workers who have been subject to harassment or intentional bodily injury in obtaining a temporary restraining order. Part II: Clarifies that a sports official includes a school or league administrator. Clarifies that a sports official's duties cover sports events at public schools and private schools. Makes intentional bodily injury of an educational worker or a sports official engaged in the lawful discharge of their duties a class B felony. Part III: Elevates the penalty for harassment of educational workers to a misdemeanor. Effective 7/1/3000. (SD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
|
HOUSE OF REPRESENTATIVES |
H.B. NO. |
1888 |
|
THIRTY-THIRD LEGISLATURE, 2026 |
H.D. 3 |
|
|
STATE OF HAWAII |
|
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
RELATING TO THE SAFETY OF EDUCATIONAL WORKERS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
PART I
SECTION 1. The legislature finds that department of education employees and state public charter school employees play an important role in shaping the future and ensuring the welfare of the State's children. Increasing safeguards for educational workers who may encounter instances of harassment, and the establishment of a mechanism to address this harassment, is essential to ensuring a secure and conducive environment for educators and students in the State.
The purpose of this part is to provide increased protection for educational workers by requiring the department of education and state public charter schools to take certain steps to better address the harassment of educational workers.
SECTION 2. Chapter 302A, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§302A- Educational workers; protection and workplace safety; harassment; reporting; training. (a) When any educational worker believes that the educational worker is being subjected to harassment, the educational worker may inform the educational worker's immediate supervisor, who shall take appropriate action using the procedures established pursuant to subsection (c).
(b) An educational worker who seeks judicial protection from harassment, including obtaining a temporary restraining order, shall be entitled to a leave of absence with pay to attend court proceedings related to the protection; provided that for those employees included in bargaining units pursuant to section 89-6, such leave shall be negotiated pursuant to section 89-9(a). The duration of the leave of absence with pay shall be reasonable and sufficient to allow the educational worker to fulfill their court-related obligations. Paid leave under this subsection may be satisfied through the use of accrued sick leave, vacation leave, administrative leave, or any other paid leave authorized by the employer and shall not require the employer to provide additional paid leave beyond existing leave benefits.
(c) The department shall:
(1) Conduct a formal investigation of all incidents of harassment reported pursuant to subsection (a);
(2) Report to the proper law enforcement authority, within forty-eight hours, all incidents of harassment reported pursuant to subsection (a);
(3) Implement procedures for the handling of harassment of educational workers, including educational workers excluded from collective bargaining under chapter 89; provided that:
(A) The procedures shall be included in the department's opening of the school year packet provided to all educational workers annually; and
(B) The procedures shall be posted on the department's website;
(4) Develop a written emergency safety plan for aiding educational workers who experience potentially harmful situations, including situations involving harassment, in their work areas; provided that the department shall consider suggestions provided by educational workers in developing the emergency safety plan;
(5) 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, but not including the payment of attorney's fees or court costs; and
(6) Implement annual training for all educational workers on how to use de-escalation techniques and handle harassment from outside actors.
(d) The department may require an educational worker to work or perform tasks pending a formal investigation initiated pursuant subsection (c).
(e) For the purposes of this section:
"Educational worker" means:
(1) Any administrator, specialist, counselor, teacher, or employee of the department;
(2) A person who is a volunteer, as defined in section 90-1, in a school program, activity, or function that is established, sanctioned, or approved by the department; or
(3) A person hired by the department on a contractual basis and engaged in carrying out a department function.
"Harassment" has the same meaning as provided in section 711-1106 and shall be based on the educational worker's position as an educational worker."
SECTION 3. Chapter 302D, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§302D- Educational workers; protection and workplace safety; harassment; reporting; training. (a) When any educational worker believes that the educational worker is being subjected to harassment, the educational worker may inform the educational worker's immediate supervisor, who shall take appropriate action using the procedures established pursuant to subsection (c).
(b) An educational worker who seeks judicial protection from harassment, including obtaining a temporary restraining order, shall be entitled to a leave of absence with pay to attend court proceedings related to the protection; provided that for those employees included in bargaining units pursuant to section 89-6, such leave shall be negotiated pursuant to section 89-9(a). The duration of the leave of absence with pay shall be reasonable and sufficient to allow the educational worker to fulfill their court-related obligations. Paid leave under this subsection may be satisfied through the use of accrued sick leave, vacation leave, administrative leave, or any other paid leave authorized by the employer and shall not require the employer to provide additional paid leave beyond existing leave benefits.
(c) A public charter school shall:
(1) Conduct a formal investigation of all incidents of harassment reported pursuant to subsection (a);
(2) Report to the proper law enforcement authority, within forty-eight hours, all incidents of harassment reported pursuant to subsection (a);
(3) Implement procedures for the handling of harassment of educational workers, including educational workers excluded from collective bargaining under chapter 89; provided that:
(A) The procedures shall be provided to all educational workers of a public charter school annually; and
(B) The procedures shall be posted on the public charter school's website;
(4) Develop a written emergency safety plan for aiding educational workers who experience potentially harmful situations, including situations involving harassment, in their work areas; provided that the public charter school shall consider suggestions provided by educational workers in developing the emergency safety plan;
(5) 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, but not including the payment of attorney's fees or court costs; and
(6) Implement annual training for all educational workers on how to use de-escalation techniques and handle harassment from outside actors.
(d) A public charter school may require an educational worker to work or perform tasks pending a formal investigation initiated pursuant subsection (c).
(e) For purposes of this section:
"Educational worker" means:
(1) Any administrator, specialist, counselor, teacher, or employee of a public charter school;
(2) A person who is a volunteer, as defined in section 90-1, in a school program, activity, or function that is established, sanctioned, or approved by a public charter school; or
(3) A person hired by a public charter school on a contractual basis and engaged in carrying out a public charter school function.
"Harassment" has the same meaning as provided in section 711-1106 and shall be based on the educational worker's position as an educational worker."
SECTION 4. Section 605-14, Hawaii Revised Statutes, is amended to read as follows:
"§605-14 Unauthorized practice of
law prohibited. It shall be unlawful
for any person, firm, association, or corporation to engage in or attempt to
engage in or to offer to engage in the practice of law, or to do or attempt to
do or offer to do any act constituting the practice of law, except and to the
extent that the person, firm, or association is licensed or authorized so to do
by an appropriate court, agency, or office or by a statute of the State or of
the United States. Nothing in [sections
605-14] this section to section 605-17 [contained]
shall be construed to prohibit the preparation or use by any party to a
transaction of any legal or business form or document used in the transaction[.]
or the preparation of any legal form or document for any complainant seeking
a temporary restraining order as provided by sections 302A-
or 302D- ."
PART II
SECTION 5. Section 711-1106, Hawaii Revised Statutes, is amended to read as follows:
"§711-1106 Harassment. (1) A person commits the offense of harassment if, with intent to harass, annoy, or alarm any other person, that person:
(a) Strikes, shoves, kicks, or otherwise touches another person in an offensive manner or subjects the other person to offensive physical contact;
(b) Insults, taunts, or challenges another person in a manner likely to provoke an immediate violent response or that would cause the other person to reasonably believe that the actor intends to cause bodily injury to the recipient or another or damage to the property of the recipient or another;
(c) Repeatedly makes telephone calls, facsimile transmissions, or any form of electronic communication as defined in section 711-1111(2), including electronic mail transmissions, without purpose of legitimate communication;
(d) Repeatedly makes a communication anonymously or at an extremely inconvenient hour;
(e) Repeatedly makes
communications, after being advised by the person to whom the communication is
directed that further communication is unwelcome; [or]
(f) Makes a
communication using offensively coarse language that would cause the recipient
to reasonably believe that the actor intends to cause bodily injury to the
recipient or another or damage to the property of the recipient or another[.];
or
(g) Disrupts or interferes with the administration or functions of any school, school administration office, or school board.
(2)
Harassment [is] shall be a petty misdemeanor[.];
provided that if the victim is an educational worker, harassment shall be a
misdemeanor.
(3) For the purposes of this section, "educational worker" means:
(a) Any administrator, specialist, counselor, teacher, or employee of the department of education or a public charter school;
(b) A person who is a volunteer as defined in section 90‑1, in a school program, activity, or function that is established, sanctioned, or approved by the department of education or a public charter school; or
(c) 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."
PART III
SECTION 6. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 7. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 8. This Act shall take effect on July 1, 3000.
Report Title:
DOE; Public Charter Schools; Educational Workers; Protection and Workplace Safety; Penal Code; Harassment
Description:
Requires 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. Elevates the penalty for harassment of educational workers to a misdemeanor. Effective 7/1/3000. (HD3)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
|
HOUSE OF REPRESENTATIVES |
H.B. NO. |
1888 |
|
THIRTY-THIRD LEGISLATURE, 2026 |
H.D. 2 |
|
|
STATE OF HAWAII |
|
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
RELATING TO THE SAFETY OF EDUCATIONAL WORKERS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
PART I
SECTION 1. The legislature finds that department of education employees and state public charter school employees play an important role in shaping the future and ensuring the welfare of the State's children. Increasing safeguards for educational workers who may encounter instances of harassment, and the establishment of a mechanism to address this harassment, is essential to ensuring a secure and conducive environment for educators and students in the State.
The purpose of this part is to provide increased protection for educational workers by requiring the department of education and state public charter schools to take certain steps to better address the harassment of educational workers.
SECTION 2. Chapter 302A, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§302A- Educational workers; protection and workplace safety; harassment; reporting; training. (a) An educational worker may, if required by their employing school, work or perform tasks when the educational worker is subjected to harassment.
(b) When any educational worker believes that the educational worker is being subjected to harassment, the educational worker may inform the educational worker's immediate supervisor, who shall take appropriate action using the procedures established pursuant to subsection (d)(3).
(c) An educational worker who seeks judicial protection from harassment shall be entitled to a leave of absence with pay to attend court proceedings related to the protection; provided that for those employees included in bargaining units pursuant to section 89-6, such leave shall be negotiated pursuant to section 89-9(a). The duration of the leave of absence with pay shall be reasonable and sufficient to allow the educational worker to fulfill their court-related obligations. Paid leave under this subsection may be satisfied through the use of accrued sick leave, vacation leave, administrative leave, or any other paid leave authorized by the employer and shall not require the employer to provide additional paid leave beyond existing leave benefits.
(d) The department shall:
(1) Conduct a formal investigation of all incidents of harassment submitted to the department by an educational worker pursuant to subsection (b);
(2) Report to the proper law enforcement authority, within forty-eight hours, all incidents of harassment submitted to the department by an educational worker pursuant to subsection (b);
(3) Implement procedures for the handling of harassment of educational workers, including educational workers excluded from collective bargaining under chapter 89; provided that:
(A) The procedures shall be included in the department's opening of the school year packet provided to all educational workers annually; and
(B) The procedures shall be posted on the department's website;
(4) Develop a written emergency safety plan for aiding educational workers who have potentially harmful situations, including situations involving harassment, occurring in their work areas; provided that the department shall give consideration to suggestions provided by educational workers in developing the emergency safety plan;
(5) Assist educational workers subjected to harassment, including providing assistance through the department's advocate in obtaining a temporary restraining order and reimbursing the educational worker for the costs incurred from serving temporary restraining orders related to the harassment, but not including the payment of attorney's fees or court costs; and
(6) Implement annual training for all educational workers on how to use de-escalation techniques and handle harassment from outside actors.
(e) For the purposes of this section:
"Educational worker" means:
(1) Any administrator, specialist, counselor, teacher, or employee of the department;
(2) A person who is a volunteer, as defined in section 90-1, in a school program, activity, or function that is established, sanctioned, or approved by the department; or
(3) A person hired by the department on a contractual basis and engaged in carrying out a department function.
"Harassment" has the same meaning as provided in section 711-1106 and be based on the educational worker's position as an educational worker."
SECTION 3. Chapter 302D, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§302D- Educational workers; protection and workplace safety; harassment; reporting; training. (a) An educational worker may, if required by their employing school, work or perform tasks when the educational worker is subjected to harassment.
(b) When any educational worker believes that the educational worker is being subjected to harassment, the educational worker may inform the educational worker's immediate supervisor, who shall take appropriate action using the procedures established pursuant to subsection (d)(3).
(c) An educational worker who seeks judicial protection from harassment, including obtaining a temporary restraining order, shall be entitled to a leave of absence with pay to attend court proceedings related to the protection; provided that for those employees included in bargaining units pursuant to section 89-6, such leave shall be negotiated pursuant to section 89-9(a). The duration of the leave of absence with pay shall be reasonable and sufficient to allow the educational worker to fulfill their court-related obligations. Paid leave under this subsection may be satisfied through the use of accrued sick leave, vacation leave, administrative leave, or any other paid leave authorized by the employer and shall not require the employer to provide additional paid leave beyond existing leave benefits.
(d) A public charter school shall:
(1) Conduct a formal investigation of all incidents of harassment submitted to the public charter school by an educational worker pursuant to subsection (b);
(2) Report to the proper law enforcement authority, within forty-eight hours, all incidents of harassment submitted to the public charter school by an educational worker pursuant to subsection (b);
(3) Implement procedures for the handling of harassment of educational workers, including educational workers excluded from collective bargaining under chapter 89; provided that:
(A) The procedures shall be provided to all educational workers of a public charter school annually; and
(B) The procedures shall be posted on the public charter school's website;
(4) Develop a written emergency safety plan for aiding educational workers who have potentially harmful situations, including situations involving harassment, occurring in their work areas; provided that the public charter school shall give consideration to suggestions provided by educational workers in developing the emergency safety plan;
(5) Assist educational workers subject to harassment, including providing assistance through the commission's advocate in obtaining a temporary restraining order and reimbursing the educational worker for the costs incurred from serving temporary restraining orders related to the harassment, but not including the payment of attorney's fees or court costs; and
(6) Implement annual training for all educational workers on how to use de-escalation techniques and handle harassment from outside actors.
(e) For purposes of this section:
"Educational worker" means:
(1) Any administrator, specialist, counselor, teacher, or employee of a public charter school;
(2) A person who is a volunteer, as defined in section 90-1, in a school program, activity, or function that is established, sanctioned, or approved by a public charter school; or
(3) A person hired by a public charter school on a contractual basis and engaged in carrying out a public charter school function.
"Harassment" shall have the same meaning as provided in section 711-1106 and be based on the educational worker's position as an educational worker."
SECTION 4. Section 605-14, Hawaii Revised Statutes, is amended to read as follows:
"§605-14
Unauthorized practice of law prohibited. It shall be unlawful for any person, firm,
association, or corporation to engage in or attempt to engage in or to offer to
engage in the practice of law, or to do or attempt to do or offer to do any act
constituting the practice of law, except and to the extent that the person,
firm, or association is licensed or authorized so to do by an appropriate
court, agency, or office or by a statute of the State or of the United
States. Nothing in sections 605-14 to
605-17 contained shall be construed to prohibit the preparation or use by any
party to a transaction of any legal or business form or document used in the
transaction[.] or the preparation of any legal form of document for
any complainant seeking a temporary restraining order as provided by sections
302A- or 302D- ."
SECTION 5. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2026-2027 for the department of education to establish one full-time equivalent (1.0 FTE) legal advocate position to assist educational workers employed by the department in obtaining a temporary restraining order as provided in section 302A- , Hawaii Revised Statutes.
The sum appropriated shall be expended by the department of education for the purposes of this part.
SECTION 6. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2026-2027 for the state public charter school commission to establish one full-time equivalent (1.0 FTE) legal advocate position to assist educational workers employed by charter schools in obtaining a temporary restraining order as provided in section 302D- , Hawaii Revised Statutes.
The sum appropriated shall be expended by the state public charter school commission for the purposes of this part.
PART II
SECTION 7. Section 711-1106, Hawaii Revised Statutes, is amended to read as follows:
"§711-1106 Harassment. (1) A person commits the offense of harassment if, with intent to harass, annoy, or alarm any other person, that person:
(a) Strikes, shoves, kicks, or otherwise touches another person in an offensive manner or subjects the other person to offensive physical contact;
(b) Insults, taunts, or challenges another person in a manner likely to provoke an immediate violent response or that would cause the other person to reasonably believe that the actor intends to cause bodily injury to the recipient or another or damage to the property of the recipient or another;
(c) Repeatedly makes telephone calls, facsimile transmissions, or any form of electronic communication as defined in section 711-1111(2), including electronic mail transmissions, without purpose of legitimate communication;
(d) Repeatedly makes a communication anonymously or at an extremely inconvenient hour;
(e) Repeatedly makes communications, after being advised by the person to whom the communication is directed that further communication is unwelcome; or
(f) Makes a communication using offensively coarse language that would cause the recipient to reasonably believe that the actor intends to cause bodily injury to the recipient or another or damage to the property of the recipient or another.
(2)
Harassment is a petty misdemeanor[.] unless the victim is an
educational worker, in which case harassment is a misdemeanor.
(3) For the purposes of this section, "educational worker" means:
(a) Any administrator, specialist, counselor, teacher, or employee of the department of education or an employee of a charter school;
(b) A person who is a volunteer as defined in section 90‑1, in a school program, activity, or function that is established, sanctioned, or approved by the department of education or a public charter school; or
(c) A person hired by the department of education on a contractual basis and engaged in carrying out department of education or public charter school function."
PART III
SECTION 8. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 9. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 10. This Act shall take effect on July 1, 3000.
Report Title:
DOE; Public Charter Schools; Educational Workers; Protection and Workplace Safety; Penal Code; Harassment; Appropriation
Description:
Requires 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. Elevates the penalty for harassment to a misdemeanor when the recipient is an educational worker. Appropriates funds. Effective 7/1/3000. (HD2)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
|
HOUSE OF REPRESENTATIVES |
H.B. NO. |
1888 |
|
THIRTY-THIRD LEGISLATURE, 2026 |
H.D. 1 |
|
|
STATE OF HAWAII |
|
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
RELATING TO THE SAFETY OF EDUCATIONAL WORKERS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
PART I
SECTION 1. The legislature finds that department of education employees and state public charter school employees play an important role in shaping the future and ensuring the welfare of the State's children. Increasing safeguards for educational workers who may encounter instances of harassment, and the establishment of a mechanism to address this harassment, is essential to ensuring a secure and conducive environment for educators and students in the State.
The purpose of this part is to provide increased protection for educational workers by requiring the department of education and state public charter schools to take certain steps to better address the harassment of educational workers.
SECTION 2. Chapter 302A, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§302A- Educational workers; protection and workplace safety; harassment; reporting; training. (a) An educational worker may, if required by their employing school, work or perform tasks when the educational worker is subjected to harassment.
(b) When any educational worker believes that the educational worker is being subjected to harassment, the educational worker may inform the educational worker's immediate supervisor, who shall take appropriate action using the procedures established pursuant to subsection (d)(3).
(c) An educational worker who seeks judicial protection from harassment, shall be entitled to a leave of absence with pay to attend court proceedings related to the protection; provided that for those employees included in bargaining units pursuant to section 89-6, such leave must be negotiated pursuant to section 89-9(a). The duration of the leave of absence with pay shall be reasonable and sufficient to allow the educational worker to fulfill their court-related obligations.
(d) The department shall:
(1) Conduct a formal investigation of all incidents of harassment submitted to the department by an educational worker pursuant to subsection (b);
(2) Report to the proper law enforcement authority within forty-eight hours all incidents of harassment submitted to the department by an educational worker pursuant to subsection (b), where the incident of harassment involves a potential threat of physical harm to the educational worker or another person;
(3) Implement procedures for the handling of harassment of educational workers, including educational workers excluded from collective bargaining under chapter 89; provided that:
(A) The procedures shall be included in the department's opening of the school year packet provided to all department employees annually; and
(B) The procedures shall be posted on the department's website;
(4) Develop a written emergency safety plan for aiding educational workers who have potentially harmful situations, including situations involving harassment, occurring in their work areas; provided that the department shall give consideration to suggestions provided by educational workers in developing the emergency safety plan;
(5) Assist educational workers with any legal actions that may arise from harassment, including providing assistance through the department's legal advocate in obtaining a temporary restraining order and reimbursing the educational worker for the costs incurred from serving temporary restraining orders related to the harassment, but not including the payment of attorney's fees or court costs; and
(6) Implement annual training for all educational workers on how to use de-escalation techniques and handle harassment from outside actors.
(e) For the purposes of this section:
"Educational worker" means any administrator, specialist, counselor, teacher, or employee of the department; a person who is a volunteer, as defined in section 90-1, in a school program, activity, or function that is established, sanctioned, or approved by the department; or a person hired by the department on a contractual basis and engaged in carrying out a department function.
"Harassment" shall have the same meaning as provided in section 711-1106 and be based on the educational worker's position as an educational worker."
SECTION 3. Chapter 302D, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§302D- Educational workers; protection and workplace safety; harassment; reporting; training. (a) An educational worker may, if required by their employing school, work or perform tasks when the educational worker is subjected to harassment.
(b) When any educational worker believes that the educational worker is being subjected to harassment, the educational worker may inform the educational worker's immediate supervisor, who shall take appropriate action using the procedures established pursuant to subsection (d)(3).
(c) An educational worker who seeks judicial protection from harassment, including obtaining a temporary restraining order, shall be entitled to a leave of absence with pay to attend court proceedings related to the protection; provided that for those employees included in bargaining units pursuant to section 89-6, such leave must be negotiated pursuant to section 89-9(a). The duration of the leave of absence with pay shall be reasonable and sufficient to allow the educational worker to fulfill their court-related obligations.
(d) A public charter school shall:
(1) Conduct a formal investigation of all incidents of harassment submitted to the public charter school by an educational worker pursuant to subsection (b);
(2) Report to the proper law enforcement authority within forty-eight hours all incidents of harassment submitted to the public charter school by an educational worker pursuant to subsection (b), where the incident of harassment involves a potential threat of physical harm to the educational worker or another person;
(3) Implement procedures for the handling of harassment of educational workers, including educational workers excluded from collective bargaining under chapter 89; provided that:
(A) The procedures shall be provided to all employees of a public charter school annually; and
(B) The procedures shall be posted on the public charter school's website;
(4) Develop a written emergency safety plan for aiding educational workers who have potentially harmful situations, including situations involving harassment, occurring in their work areas; provided that the public charter school shall give consideration to suggestions provided by educational workers in developing the emergency safety plan;
(5) Assist educational workers with any legal actions that may arise from harassment, including providing assistance through the commission's legal advocate in obtaining a temporary restraining order and reimbursing the educational worker for the costs incurred from serving temporary restraining orders related to the harassment, but not including the payment of attorney's fees or court costs; and
(6) Implement annual training for all educational workers on how to use de-escalation techniques and handle harassment from outside actors.
(e) For purposes of this section:
"Educational worker" means any administrator, specialist, counselor, teacher, or employee of a public charter school; a person who is a volunteer, as defined in section 90-1, in a school program, activity, or function that is established, sanctioned, or approved by a public charter school; or a person hired by a public charter school on a contractual basis and engaged in carrying out a public charter school function.
"Harassment" shall have the same meaning as provided in section 711-1106 and be based on the educational worker's position as an educational worker."
SECTION 4. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2026-2027 for the department of education to establish one full-time equivalent (1.0 FTE) legal advocate position to assist educational workers employed by the department in obtaining a temporary restraining order as provided in section 302A- , Hawaii Revised Statutes.
The sum appropriated shall be expended by the department of education for the purposes of this part.
SECTION 5. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2026-2027 for the state public charter school commission to establish one full-time equivalent (1.0 FTE) legal advocate position to assist educational workers employed by charter schools in obtaining a temporary restraining order as provided in section 302D- , Hawaii Revised Statutes..
The sum appropriated shall be expended by the state public charter school commission for the purposes of this part.
PART II
SECTION 6. Section 711-1106, Hawaii Revised Statutes, is amended to read as follows:
"§711-1106 Harassment. (1) A person commits the offense of harassment if, with intent to harass, annoy, or alarm any other person, that person:
(a) Strikes, shoves, kicks, or otherwise touches another person in an offensive manner or subjects the other person to offensive physical contact;
(b) Insults, taunts, or challenges another person in a manner likely to provoke an immediate violent response or that would cause the other person to reasonably believe that the actor intends to cause bodily injury to the recipient or another or damage to the property of the recipient or another;
(c) Repeatedly makes telephone calls, facsimile transmissions, or any form of electronic communication as defined in section 711-1111(2), including electronic mail transmissions, without purpose of legitimate communication;
(d) Repeatedly makes a communication anonymously or at an extremely inconvenient hour;
(e) Repeatedly makes
communications, after being advised by the person to whom the communication is
directed that further communication is unwelcome; [or]
(f) Makes a
communication using offensively coarse language that would cause the recipient
to reasonably believe that the actor intends to cause bodily injury to the
recipient or another or damage to the property of the recipient or another[.];
or
(g) Disrupts or interferes with the administration or functions of any school, school administration office, or school board.
(2)
Harassment is a petty misdemeanor[.] unless the recipient is
an educational worker, in which case it is a misdemeanor.
(3) For the purposes of this section, "educational worker" means any administrator, specialist, counselor, teacher, or employee of the department of education or an employee of a charter school; a person who is a volunteer as defined in section 90-1, in a school program, activity, or function that is established, sanctioned, or approved by the department of education; or a person hired by the department of education on a contractual basis and engaged in carrying out department of education function."
PART III
SECTION 7. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 8. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 9. This Act shall take effect on July 1, 3000.
Report Title:
DOE; Public Charter Schools; Educational Workers; Protection and Workplace Safety; Penal Code; Harassment; Legal Advocate; Appropriation
Description:
Requires 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. Includes the disruption or interference with the administration or functions of any school, school administration office, or school board in the offense of harassment. Elevates the penalty for harassment to a misdemeanor when the recipient is an educational worker. Appropriates funds. 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.
|
HOUSE OF REPRESENTATIVES |
H.B. NO. |
1888 |
|
THIRTY-THIRD LEGISLATURE, 2026 |
|
|
|
STATE OF HAWAII |
|
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
relating to the safety of educational workers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that department of education employees and state public charter school employees play an important role in shaping the future and ensuring the welfare of the State's children. Increasing safeguards for educational workers who may encounter instances of harassment, and the establishment of a mechanism to address this harassment, is essential to ensuring a secure and conducive environment for educators and students in the State.
The purpose of this Act is to provide increased protection for educational workers by requiring the department of education and state public charter schools to take certain steps to better address the harassment of educational workers.
SECTION 2. Chapter 302A, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§302A- Educational workers; protection and workplace safety; harassment; reporting; training. (a) An educational worker shall not be required to work under conditions or perform tasks when the educational worker is being subjected to harassment, as provided for in section 711-1106, because of the educational worker's position as an educational worker.
(b) When any educational worker believes that the educational worker is being subjected to harassment, as provided for in section 711-1106, because of the educational worker's position as an educational worker, the educational worker may inform the educational worker's immediate supervisor, who shall take appropriate action using the procedures established pursuant to subsection (d)(3).
(c) An educational worker who seeks judicial protection from harassment, as provided for in section 711-1106, because of the educational worker's position as an educational worker, including obtaining a temporary restraining order, shall be entitled to a leave of absence with pay to attend court proceedings related to the protection; provided that for those employees included in bargaining units pursuant to section 89-6, such leave must be negotiated pursuant to section 89-9(a). The duration of the leave of absence with pay shall be reasonable and sufficient to allow the educational worker to fulfill their court-related obligations.
(d) The department shall:
(1) Conduct a formal investigation of all incidents of harassment submitted to the department by an educational worker pursuant to subsection (b);
(2) Report to the proper law enforcement authority within forty-eight hours all incidents of harassment submitted to the department by an educational worker pursuant to subsection (b), where the incident of harassment involves a potential threat of physical harm to the educational worker or another person;
(3) Implement procedures for the handling of harassment of educational workers, including educational workers excluded from collective bargaining under chapter 89; provided that:
(A) The procedures shall be included in the department's opening of the school year packet provided to all department employees annually; and
(B) The procedures shall be posted on the department's website;
(4) Develop a written emergency safety plan for aiding educational workers who have potentially harmful situations, including situations involving harassment, occurring in their work areas; provided that the department shall give consideration to suggestions provided by educational workers in developing the emergency safety plan;
(5) Assist educational workers with any legal actions that may arise from harassment, as provided for in section 711-1106, because of the educational worker's position as an educational worker, including reimbursing the educational worker for the costs incurred from serving temporary restraining orders related to the harassment, but shall not include the payment of attorney's fees or court costs; and
(6) Implement annual training for all educational workers on how to use de-escalation techniques and handle harassment from outside actors.
(e) For the purposes of this section, "educational worker" means any administrator, specialist, counselor, teacher, or employee of the department; a person who is a volunteer, as defined in section 90-1, in a school program, activity, or function that is established, sanctioned, or approved by the department; or a person hired by the department on a contractual basis and engaged in carrying out a department function."
SECTION 3. Chapter 302D, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§302D- Educational workers; protection and workplace safety; harassment; reporting; training. (a) An educational worker shall not be required to work under conditions or perform tasks when the educational worker is being subjected to harassment, as provided for in section 711-1106, because of the educational worker's position as an educational worker.
(b) When any educational worker believes that the educational worker is being subjected to harassment, as provided for in section 711-1106, because of the educational worker's position as an educational worker, the educational worker may inform the educational worker's immediate supervisor, who shall take appropriate action using the procedures established pursuant to subsection (d)(3).
(c) An educational worker who seeks judicial protection from harassment, as provided for in section 711-1106, because of the educational worker's position as an educational worker, including obtaining a temporary restraining order, shall be entitled to a leave of absence with pay to attend court proceedings related to the protection; provided that for those employees included in bargaining units pursuant to section 89-6, such leave must be negotiated pursuant to section 89-9(a). The duration of the leave of absence with pay shall be reasonable and sufficient to allow the educational worker to fulfill their court-related obligations.
(d) A public charter school shall:
(1) Conduct a formal investigation of all incidents of harassment submitted to the public charter school by an educational worker pursuant to subsection (b);
(2) Report to the proper law enforcement authority within forty-eight hours all incidents of harassment submitted to the public charter school by an educational worker pursuant to subsection (b), where the incident of harassment involves a potential threat of physical harm to the educational worker or another person;
(3) Implement procedures for the handling of harassment of educational workers, including educational workers excluded from collective bargaining under chapter 89; provided that:
(A) The procedures shall be provided to all employees of a public charter school annually; and
(B) The procedures shall be posted on the public charter school's website;
(4) Develop a written emergency safety plan for aiding educational workers who have potentially harmful situations, including situations involving harassment, occurring in their work areas; provided that the public charter school shall give consideration to suggestions provided by educational workers in developing the emergency safety plan;
(5) Assist educational workers with any legal actions that may arise from harassment, as provided for in section 711-1106, because of the educational worker's position as an educational worker, including reimbursing the educational worker for the costs incurred from serving temporary restraining orders related to the harassment, but shall not include the payment of attorney's fees or court costs; and
(6) Implement annual training for all educational workers on how to use de-escalation techniques and handle harassment from outside actors.
(e) For the purposes of this section, "educational worker" means any administrator, specialist, counselor, teacher, or employee of a public charter school; a person who is a volunteer, as defined in section 90-1, in a school program, activity, or function that is established, sanctioned, or approved by a public charter school; or a person hired by a public charter school on a contractual basis and engaged in carrying out a public charter school function."
SECTION 4. New statutory material is underscored.
SECTION 5. This Act shall take effect upon its approval.
|
INTRODUCED BY: |
_____________________________ |
Report Title:
DOE; Public Charter Schools; Educational Workers; Protection and Workplace Safety; Harassment
Description:
Requires 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.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
|
Date
|
Status
|
|---|---|
| Jul 14, 2026 | Act 234, on 07/13/2026 (Gov. Msg. No. 1336). |
| Jul 14, 2026 | Act 234, 07/13/2026 (Gov. Msg. No. 1336). |
| May 8, 2026 | Received notice of passage on Final Reading in House (Hse. Com. No. 888). |
| May 7, 2026 | Transmitted to Governor. |
| May 6, 2026 | Received notice of Final Reading (Sen. Com. No. 816). |
| May 6, 2026 | Passed Final Reading as amended in CD 1 with none voting aye with reservations; Representative(s) Iwamoto voting no (1) and none excused (0). |
| May 6, 2026 | Passed Final Reading, as amended (CD 1). Ayes, 25; Aye(s) with reservations: none . 0 No(es): none. 0 Excused: none. |
| May 1, 2026 | 48 Hrs. Notice (as amended CD 1) 05-06-26 |
| May 1, 2026 | Reported from Conference Committee as amended CD 1 (Conf. Com. Rep. No. 150-26). |
| May 1, 2026 | Forty-eight (48) hours notice Wednesday, 05-06-26. |
| May 1, 2026 | Reported from Conference Committee (Conf Com. Rep. No. 150-26) as amended in (CD 1). |
| May 1, 2026 | The Conference committee recommends that the measure be PASSED, WITH AMENDMENTS. The votes of the Senate Conference Managers were as follows: 5 Aye(s): Senator(s) Kim, Elefante, Rhoads, Wakai, DeCorte; Aye(s) with reservations: none ; 0 No(es): none; and 0 Excused: none. |
| May 1, 2026 | The Conference Committee recommends that the measure be Passed, with Amendments. The votes were as follows: 5 Ayes: Representative(s) Woodson, Sayama, Tarnas, Lee, M., Muraoka; Ayes with reservations: none; 0 Noes: none; and 0 Excused: none. |
| Apr 30, 2026 | Conference Committee Meeting will reconvene on Friday 05-01-26 1:30PM in conference room 229. |
| Apr 29, 2026 | Conference Committee Meeting will reconvene on Thursday 04-30-26 1:37PM in conference room 229. |
| Apr 28, 2026 | Conference Committee Meeting will reconvene on Wednesday 04-29-26 1:30PM in conference room 229. |
| Apr 27, 2026 | Bill scheduled for Conference Committee Meeting on Tuesday, 04-28-26 1:35PM in conference room 229. |
| Apr 22, 2026 | Received notice of Senate conferees (Sen. Com. No. 719). |
| Apr 21, 2026 | Senate Conferees Appointed: Kim Chair; Elefante, Rhoads, Wakai Co-Chairs; DeCorte. |
| Apr 20, 2026 | Received notice of appointment of House conferees (Hse. Com. No. 786). |
| Apr 20, 2026 | House Conferees Appointed: Woodson, Sayama, Tarnas, Lee, M. Co-Chairs; Muraoka. |
| Apr 20, 2026 | Re-referred to EDN, LAB, JHA, FIN, referral sheet 30 |
| Apr 17, 2026 | Received notice of disagreement (Hse. Com. No. 780). |
| Apr 16, 2026 | House disagrees with Senate amendment (s). |
| Apr 14, 2026 | Returned from Senate (Sen. Com. No. 636) in amended form (SD 2). |
| Apr 14, 2026 | Report Adopted; Passed Third Reading, as amended (SD 2). Ayes, 25; Aye(s) with reservations: Senator(s) Fevella. Noes, 0 (none). Excused, 0 (none). Transmitted to House. |
| Apr 10, 2026 | 48 Hrs. Notice 04-14-26. |
| Apr 10, 2026 | Reported from JDC/WAM (Stand. Com. Rep. No. 3807) with recommendation of passage on Third Reading, as amended (SD 2). |
| Apr 9, 2026 | The committee(s) on WAM recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in WAM were as follows: 13 Aye(s): Senator(s) Dela Cruz, Moriwaki, DeCoite, Elefante, Hashimoto, Inouye, Kanuha, Kidani, Kim, Lee, C., Richards, Wakai, Fevella; Aye(s) with reservations: none ; 0 No(es): none; and 0 Excused: none. |
| Apr 9, 2026 | The committee(s) on JDC recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in JDC were as follows: 5 Aye(s): Senator(s) Rhoads, Gabbard, Chang, San Buenaventura, Awa; Aye(s) with reservations: none ; 0 No(es): none; and 0 Excused: none. |
| Apr 7, 2026 | The committee(s) on JDC/WAM will hold a public decision making on 04-09-26 10:30AM; Conference Room 211 & Videoconference. |
| Mar 30, 2026 | Report adopted; Passed Second Reading, as amended (SD 1) and referred to JDC/WAM. |
| Mar 30, 2026 | Reported from EDU/LBT (Stand. Com. Rep. No. 3388) with recommendation of passage on Second Reading, as amended (SD 1) and referral to JDC/WAM. |
| Mar 23, 2026 | The committee(s) on LBT recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in LBT were as follows: 4 Aye(s): Senator(s) Elefante, Lamosao, Moriwaki; Aye(s) with reservations: Senator(s) Fevella ; 0 No(es): none; and 1 Excused: Senator(s) Ihara. |
| Mar 23, 2026 | The committee(s) on EDU recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in EDU were as follows: 4 Aye(s): Senator(s) Kim, Kidani, Hashimoto, DeCorte; Aye(s) with reservations: none ; 0 No(es): none; and 1 Excused: Senator(s) Fukunaga. |
| Mar 20, 2026 | The committee(s) on EDU/LBT has scheduled a public hearing on 03-23-26 1:00PM; Conference Room 229 & Videoconference. |
| Mar 12, 2026 | Referred to EDU/LBT, JDC/WAM. |
| Mar 12, 2026 | Passed First Reading. |
| Mar 12, 2026 | Received from House (Hse. Com. No. 312). |
| Mar 10, 2026 | Passed Third Reading as amended in HD 3 with Representative(s) Shimizu voting aye with reservations; Representative(s) Garcia voting no (1) and none excused (0). Transmitted to Senate. |
| Mar 6, 2026 | Forty-eight (48) hours notice Tuesday, 03-10-26. |
| Mar 6, 2026 | Reported from JHA (Stand. Com. Rep. No. 1139-26) as amended in HD 3, recommending passage on Third Reading. |
| Feb 24, 2026 | The committee on JHA recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 8 Ayes: Representative(s) Tarnas, Poepoe, Belatti, Cochran, Kahaloa, Sayama, Takayama; Ayes with reservations: Representative(s) Shimizu; Noes: none; and 2 Excused: Representative(s) Hashem, Garcia. |
| Feb 20, 2026 | Bill scheduled to be heard by JHA on Tuesday, 02-24-26 2:00PM in House conference room 325 VIA VIDEOCONFERENCE. |
| Feb 20, 2026 | Report adopted; referred to the committee(s) on JHA as amended in HD 2 with none voting aye with reservations; none voting no (0) and Representative(s) Quinlan excused (1). |
| Feb 20, 2026 | Reported from LAB (Stand. Com. Rep. No. 638-26) as amended in HD 2, recommending referral to JHA. |
| Feb 17, 2026 | The committee on LAB recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 6 Ayes: Representative(s) Sayama, Lee, M., Garrett, Kapela, Kong, Reyes Oda; Ayes with reservations: none; Noes: none; and Excused: none. |
| Feb 13, 2026 | Bill scheduled to be heard by LAB on Tuesday, 02-17-26 9:00AM in House conference room 309 VIA VIDEOCONFERENCE. |
| Feb 10, 2026 | Passed Second Reading as amended in HD 1 and referred to the committee(s) on LAB with none voting aye with reservations; none voting no (0) and none excused (0). |
| Feb 9, 2026 | Reported from EDN (Stand. Com. Rep. No. 76-26) as amended in HD 1, recommending passage on Second Reading and referral to LAB. |
| Feb 3, 2026 | The committee on EDN recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 10 Ayes: Representative(s) Woodson, La Chica, Amato, Evslin, Garrett, Kapela, Kila, Olds, Muraoka, Souza; Ayes with reservations: none; Noes: none; and Excused: none. |
| Jan 30, 2026 | Bill scheduled to be heard by EDN on Tuesday, 02-03-26 2:00PM in House conference room 309 VIA VIDEOCONFERENCE. |
| Jan 26, 2026 | Referred to EDN, LAB, JHA, referral sheet 2 |
| Jan 26, 2026 | Introduced and Pass First Reading. |
| Jan 23, 2026 | Pending introduction. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| May 6, 2026 | Final Reading | House Floor |
Passed |
|
| May 6, 2026 | Final Reading | Senate Floor |
Passed |
|
| Apr 14, 2026 | Third Reading | Senate Floor |
Passed |
|
| Apr 9, 2026 | The committee(s) on WAM recommend(s) that the measure be PASSED, WITH AMENDMENTS | Senate Standing Committee on Ways and Means |
Passed |
|
| Apr 9, 2026 | The committee(s) on JDC recommend(s) that the measure be PASSED, WITH AMENDMENTS | Senate Standing Committee on Judiciary |
Passed |
|
| Mar 23, 2026 | The committee(s) on LBT recommend(s) that the measure be PASSED, WITH AMENDMENTS | Senate Standing Committee on Labor and Technology |
Passed |
|
| Mar 23, 2026 | The committee(s) on EDU recommend(s) that the measure be PASSED, WITH AMENDMENTS | Senate Standing Committee on Education |
Passed |
|
| Mar 10, 2026 | Third Reading | House Floor |
Passed |
|
| Feb 24, 2026 | The committee on JHA recommend that the measure be PASSED, WITH AMENDMENTS | House Standing Committee on Judiciary & Hawaiian Affairs |
Passed |
|
| Feb 17, 2026 | The committee on LAB recommend that the measure be PASSED, WITH AMENDMENTS | House Standing Committee on Labor |
Passed |
|
| Feb 3, 2026 | The committee on EDN recommend that the measure be PASSED, WITH AMENDMENTS | House Standing Committee on Education |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| Co Le Vavul | *** Support | Mar 23, 2026 |
| Concerned Citizen of Hawaii | *** Support | Mar 23, 2026 |
| Hawaii Autism Foundation | *** Against | Feb 24, 2026 |
| HAWAII GOVERNMENT EMPLOYEES ASSOCIATION | *** Support | Mar 23, 2026 |
| Hawaii Government Employees Association (AFSCME Local 152) | *** Support | Apr 9, 2026 |
| Hawaii State Commission on the Status of Women | *** Support | Apr 9, 2026 |
| Hawaii State Department of Education | *** Support | Apr 9, 2026 |
| Hawaiʻi State Teachers Association | *** Support | Mar 23, 2026 |
| Hawaiʻi State Teachers Association (HSTA) | *** Support | Apr 9, 2026 |
| Kāneʻohe Elementary School | *** Support | Apr 9, 2026 |
| Office of the Public Defender | *** Against | Mar 23, 2026 |
| Special Education Advisory Council | *** Against | Mar 23, 2026 |
| State Public Charter School Commission | *** Support | Apr 9, 2026 |
| the Hawaii Autism Foundation | ** Against | |
| United Public Workers, AFSCME Local 646 | *** Support | Mar 23, 2026 |
| United Public Workers, AFSCME Local 646, AFL-CIO | *** Support | Apr 9, 2026 |
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 |
|
|
|
|
STAND. COM. REP. NO. 638-26
Honolulu, Hawaii
, 2026
RE: H.B. No. 1888
H.D. 2
Honorable Nadine K. Nakamura
Speaker, House of Representatives
Thirty-Third State Legislature
Regular Session of 2026
State of Hawaii
Madame:
Your Committee on Labor, to which was referred H.B. No. 1888, H.D. 1, 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;
(2) Expand the offense of harassment to include disruption or interference with school operations; and
(3) 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; Hawaii State Commission on the Status of Women; 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 Special Education Advisory Council and one individual. Your Committee received comments on this measure from the Department of the Attorney General.
Your Committee finds that educators and school staff increasingly face incidents of harassment that jeopardize their safety and disrupt the learning environment. Your Committee further finds that the absence of consistent reporting protocols, emergency response procedures, and legal support leaves many educational workers without adequate protection or recourse when confronted with harmful behavior from students, parents, or outside actors. Your Committee believes that strengthening education worker protections will provide a more secure environment that better protects the State's educational workforce.
Your Committee has amended this measure by:
(1) Clarifying that paid leave required under this measure may be met through existing employer-authorized paid leave and does not require employers to provide additional paid leave;
(2) Clarifying the requirements of the harassment report to law enforcement authority submitted by the Department of Education and public charter schools;
(3) Clarifying the duties of the Department of Education and public charter schools in assisting educational workers subjected to harassment through the Department's or charter school's advocate;
(4) Specifying that an advocate employed by the Department of Education or Public Charter School Commission preparing any legal form of document for a complainant seeking a temporary restraining order under this measure is not engaging in the unauthorized practice of law;
(5) Deleting language that would have included disruption or interference with the administration or functions of any school, school administration office, or school board in the offense of harassment;
(6) Clarifying the definition of "educational worker" for purposes of the offense of harassment to include public charter schools; and
(7) 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 Labor that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1888, H.D. 1, as amended herein, and recommends that it be referred to your Committee on Judiciary & Hawaiian Affairs in the form attached hereto as H.B. No. 1888, H.D. 2.
Respectfully submitted on behalf of the members of the Committee on Labor,
|
|
|
____________________________ JACKSON D. SAYAMA, Chair |
|
|
|
|
STAND. COM. REP. NO. 76-26
Honolulu, Hawaii
, 2026
RE: H.B. No. 1888
H.D. 1
Honorable Nadine K. Nakamura
Speaker, House of Representatives
Thirty-Third State Legislature
Regular Session of 2026
State of Hawaii
Madame:
Your Committee on Education, to which was referred H.B. No. 1888 entitled:
"A BILL FOR AN ACT RELATING TO THE SAFETY OF EDUCATIONAL WORKERS,"
begs leave to report as follows:
Your Committee received testimony in support of this measure from the Hawaiʻi State Teachers Association; United Public Workers, AFSCME Local 646, AFL-CIO; and numerous individuals. Your Committee received testimony in support of the intent of this measure from Hawaii Government Employees Association, AFSCME Local 152, AFL-CIO. Your Committee received comments on this measure from the Department of the Attorney General; Department of Education; State Public Charter School Commission; and one individual.
Your Committee finds that this measure recognizes the importance of safeguarding educational workers who may encounter instances of harassment, which may interfere with their ability to provide optimal delivery of educational services to Hawaii's students and families. This measure is a step toward maintaining a secure and supportive learning environment for educators and students.
Your Committee has amended this measure by:
(1) Authorizing public schools and public charter schools to determine if an educational worker is required to work or perform tasks when the educational worker is being subjected to harassment;
(2) Requiring the Department of Education and public charter schools to provide assistance to educational workers through their respective legal advocates in obtaining a temporary restraining order;
(3) Appropriating funds to the Department of Education and State Public Charter School Commission to each establish one full-time equivalent legal advocate position;
(4) Inserting the substantive contents of H.B. No. 1895, which:
(A) Includes the disruption or interference with the administration or functions of any school, school administration office, or school board in the offense of harassment; and
(B) Elevates the penalty for harassment to a misdemeanor when the recipient is an educational worker;
(5) Changing the effective date to July 1, 3000; and
(6) 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 Education that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1888, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1888, H.D. 1, and be referred to your Committee on Labor.
Respectfully submitted on behalf of the members of the Committee on Education,
|
|
|
____________________________ JUSTIN H. WOODSON, Chair |
|
|
|
|
|
Date
|
Testimony PDF
|
|---|---|
| Apr 9, 2026 | HB1888_SD1_TESTIMONY_WAM-JDC_04-09-26_.PDF |
| Mar 23, 2026 | HB1888_HD3_TESTIMONY_EDU-LBT_03-23-26_.PDF |
| Feb 24, 2026 | HB1888_HD2_TESTIMONY_JHA_02-24-26_.PDF |
| Feb 17, 2026 | HB1888_HD1_TESTIMONY_LAB_02-17-26_.PDF |
| Feb 3, 2026 | HB1888_TESTIMONY_EDN_02-03-26_.PDF |
Discussed in Hearing
3MIN
Conference Committee
1MIN
Conference Committee
1MIN
Conference Committee
1MIN
Conference Committee
25MIN
Senate Standing Committee on Education
25MIN
Senate Standing Committee on Labor and Technology
5MIN
Senate Standing Committee on Education
5MIN
Senate Standing Committee on Labor and Technology
Bill Author
Bill Co-Author(s):
