HB 2445: Department of Education; Public Schools Immigration Enforcement; Emergency Response Plan; Immigration Enforcement Activity; Policies; Procedures

A BILL FOR AN ACT

RELATING TO STUDENT SAFETY.

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

     SECTION 1.  The legislature finds that schools must remain safe, stable, and supportive environments for all students. Unplanned law enforcement or immigration enforcement activity on or near school campuses may cause fear, disruption to learning, and emotional distress for students and families.

     The legislature further finds that while public schools must comply with applicable law, the department of education has a responsibility to ensure that school personnel are trained, prepared, and guided by clear protocols that prioritize student safety, continuity of education, and lawful due process.

     The purpose of this Act is to require the department of education to:

     (1)  Develop, adopt, and implement a standardized emergency response plan governing immigration enforcement activity at or within one thousand feet of public schools, including training, communication protocols, and safeguards for students and families; and

     (2)  Adopt policies and procedures to address immigration enforcement activity.

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

     "§302A-     Immigration enforcement activity; school emergency response plan.  (a)  The department shall develop, adopt, and implement a standardized emergency response plan for public schools to address immigration enforcement activities occurring on or within one thousand feet of school campuses during instructional hours or school-sponsored activities.

     (b)  The emergency response plan required pursuant to this section shall be designed to:

     (1)  Protect student safety and emotional well-being;

     (2)  Minimize disruption to the educational environment;

     (3)  Ensure compliance with applicable federal and state law; and

     (4)  Provide clear guidance to school administrators and staff when immigration enforcement activity occurs on or within one thousand feet of school campuses.

     (c)  The emergency response plan required pursuant to this section shall include but not be limited to the following components:

     (1)  Protocols for federal immigration enforcement presence, including:

          (A)  Procedures for school administrators when approached by immigration enforcement officials;

          (B)  Requirements that any request to access school grounds or student records be referred to designated department legal counsel or administrators; and

          (C)  Guidance regarding warrants, subpoenas, and consent, consistent with federal and state law;

     (2)  Student protection measures, including:

          (A)  Procedures to ensure students are not questioned, detained, or removed from a school campus during instructional hours or school-sponsored activities without appropriate legal authorization;

          (B)  Prohibitions on school personnel assisting in immigration enforcement activities beyond what is legally required by federal and state law; and

          (C)  Protocols to keep students supervised and safe at all times;

     (3)  Parental and guardian communication, including:

          (A)  Timely notification procedures for parents or legal guardians when immigration enforcement activity affects school operations or student dismissal, to the extent permitted by law; and

          (B)  Multilingual communication protocols where practicable;

     (4)  Staff training, including:

          (A)  Mandatory training for school administrators, teachers, and relevant staff on the emergency response plan; and

          (B)  Training that includes legal guidance, trauma-informed practices, and student de-escalation strategies;

     (5)  Coordination with complex areas and relevant state agencies; and

     (6)  Periodic review and updates of the emergency response plan to reflect changes in law or best practices.

     (d)  Personally identifiable student information shall be protected in accordance with federal and state privacy laws, including the Family Educational Rights and Privacy Act of 1974, as amended.

     (e)  The department shall adopt policies and procedures to address immigration enforcement activity that may occur:

     (1)  On or within one thousand feet of school campuses;

     (2)  At school-sponsored activities and events; and

     (3)  On school buses and marked or known school bus stops during periods when school children are present at the stop.

     (f)  Nothing in this section shall be construed to obstruct or interfere with lawful law enforcement activity conducted pursuant to valid legal authority.

     (g)  Nothing in this section shall create a duty for school personnel to determine a student's immigration status.

     (h)  The department shall submit a report to the legislature no later than twenty days prior to the convening of each regular session describing:

     (1)  Implementation of the emergency response plan required pursuant to this section;

     (2)  Training conducted pursuant to the emergency response plan; and

     (3)  Any other findings and recommendations, including proposed legislation.

     (i)  The department may adopt rules pursuant to chapter 91 to implement the purposes of this section."

     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on July 1, 3000.

Report Title:

Department of Education; Public Schools Immigration Enforcement; Emergency Response Plan; Immigration Enforcement Activity; Policies; Procedures

Description:

Requires the Department of Education to develop, adopt, and implement a standardized emergency response plan governing immigration enforcement activity at or within one thousand feet of public schools and adopt policies and procedures to address immigration enforcement activity at certain school-related location and events.  Effective 7/1/3000.  (HD1)

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

A BILL FOR AN ACT

relating to student safety.

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

     SECTION 1.  The legislature finds that schools must remain safe, stable, and supportive environments for all students. Unplanned law enforcement or immigration enforcement activity on or near school campuses may cause fear, disruption to learning, and emotional distress for students and families.

     The legislature further finds that while public schools must comply with applicable law, the department of education has a responsibility to ensure that school personnel are trained, prepared, and guided by clear protocols that prioritize student safety, continuity of education, and lawful due process.

     The purpose of this Act is to require the department of education to develop, establish, and implement a standardized emergency response plan governing immigration enforcement activity at or near public schools, including training, communication protocols, and safeguards for students and families.

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

     "§302A-     Immigration enforcement activity; school emergency response plan.  (a)  The department shall develop, adopt, and implement a standardized emergency response plan for public schools to address immigration enforcement activities occurring on or near school campuses during instructional hours or school-sponsored activities.

     (b)  The emergency response plan required pursuant to this section shall be designed to:

     (1)  Protect student safety and emotional well-being;

     (2)  Minimize disruption to the educational environment;

     (3)  Ensure compliance with applicable state and federal law; and

     (4)  Provide clear guidance to school administrators and staff when immigration enforcement activity occurs on or near school campuses.

     (c)  The emergency response plan required pursuant to this section shall include, but not be limited to the following components:

     (1)  Protocols for law enforcement presence, including:

          (A)  Procedures for school administrators when approached by immigration enforcement officials;

          (B)  Requirements that any request to access school grounds or student records be referred to designated department legal counsel or administrators; and

          (C)  Guidance regarding warrants, subpoenas, and consent, consistent with state and federal law;

     (2)  Student protection measures, including:

          (A)  Procedures to ensure students are not questioned, detained, or removed from a school campus without appropriate legal authorization;

          (B)  Prohibitions on school personnel assisting in immigration enforcement activities beyond what is legally required by state and federal law; and

          (C)  Protocols to keep students supervised and safe at all times;

     (3)  Parental and guardian communication, including:

          (A)  Timely notification procedures for parents or legal guardians when immigration enforcement activity affects school operations or student dismissal, to the extent permitted by law; and

          (B)  Multilingual communication protocols where practicable;

     (4)  Staff training, including:

          (A)  Mandatory training for school administrators, teachers, and relevant staff on the emergency response plan; and

          (B)  Training that includes legal guidance, trauma-informed practices, and student de-escalation strategies;

     (5)  Coordination with complex areas and relevant state agencies; and

     (6)  Periodic review and updates of the emergency response plan to reflect changes in law or best practices.

     (d)  Personally identifiable student information shall be protected in accordance with state and federal privacy laws, including the Family Educational Rights and Privacy Act of 1974, as amended.

     (e)  Nothing in this section shall be construed to obstruct or interfere with lawful law enforcement activity conducted pursuant to valid legal authority.

     (f)  Nothing in this section shall create a duty for school personnel to determine a student's immigration status.

     (g)  The department shall submit a report to the legislature no later than twenty days prior to the convening of each regular session describing:

     (1)  Implementation of the emergency response plan required pursuant to this section;

     (2)  Training conducted pursuant to the emergency response plan; and

     (3)  Any other findings and recommendations, including proposed legislation.

     (h)  The department may adopt rules pursuant to chapter 91 to implement the purposes of this section."

     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on July 1, 2026.

Report Title:

Department of Education; Public Schools Immigration Enforcement; Emergency Response Plan

Description:

Requires the Department of Education to develop, establish, and implement a standardized emergency response plan governing immigration enforcement activity at or near public schools.

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

STAND. COM. REP. NO.  149-26

Honolulu, Hawaii

                , 2026

RE:   H.B. No. 2445

      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 Economic Development & Technology, to which was referred H.B. No. 2445 entitled:

"A BILL FOR AN ACT RELATING TO STUDENT SAFETY,"

begs leave to report as follows:

     The purpose of this measure is to require the Department of Education to develop, adopt, and implement a standardized emergency response plan governing immigration enforcement activity on or near public schools, including training, communication protocols, and safeguards for students and families.

     Your Committee received testimony in support of this measure from one member of the Hawaiʻi County Council; Marchante LLC dba Mercado de La Raza; Honolulu Hawaii NAACP; Hawaiʻi Children's Action Network Speaks!; Pacific Gateway Center; Roots Reborn; Hawaiʻi Coalition for Immigrant Rights; American Civil Liberties Union; Pride at Work – Hawaiʻi; Hawaiʻi Alliance for Progressive Action; HULI PAC; Chamber of Sustainable Commerce; Waipahu Safe Haven Immigrant/Migrant Resource Center; and numerous individuals.  Your Committee received comments on this measure from the Department of Education and one individual.

     Your Committee finds that unplanned immigration enforcement activity on or near school campuses can create fear, disrupt learning, and cause emotional distress for students and their families.  Your Committee further finds that schools need clear procedures to maintain safety, protect student rights, and ensure continuity of education during such incidents.  This measure protects students and staff by providing consistent statewide protocols and training for immigration enforcement activity.

     Your Committee has amended this measure by:

     (1)  Clarifying that the emergency response plan is meant to address immigration enforcement activity on or within one thousand feet of school campuses;

     (2)  Specifying that the protocols for the emergency response plan pertain to federal immigration enforcement presence;

     (3)  Specifying that procedures for student protection measures are to prevent questioning, detainment, or removal during instructional hours or school-sponsored activities;

     (4)  Requiring the Department of Education to implement certain policies and procedures to address immigration enforcement activity at certain school-related locations and events;

     (5)  Changing the effective date to July 1, 3000, to encourage further discussion; 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 Economic Development & Technology that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2445, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 2445, H.D. 1, and be referred to your Committee on Education.

Respectfully submitted on behalf of the members of the Committee on Economic Development & Technology,