HB 616: RELATING TO THE SAFETY OF EDUCATIONAL WORKERS.

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 on July 1, 3000.

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.  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.

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.  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.  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 on July 1, 3000.

Report Title:

Department of Education; 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.  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 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 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.

     (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.  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 covering the costs incurred from serving temporary restraining orders related to the harassment; 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.

     (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. 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 covering the costs incurred from serving temporary restraining orders related to the harassment; 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.

Report Title:

Department of Education; 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.

STAND. COM. REP. NO.  738

Honolulu, Hawaii

                , 2025

RE:   H.B. No. 616

      H.D. 2

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Madame:

     Your Committee on Judiciary & Hawaiian Affairs, to which was referred H.B. No. 616, 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 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.

     Your Committee received testimony in support of this measure from the United Public Workers, AFSCME Local 646, AFL-CIO; Hawaii Government Employees Association, AFSCME Local 152, AFL-CIO; and nine individuals.  Your Committee received comments on this measure from the Department of the Attorney General and Department of Education.

     Your Committee finds that the many instances of harassment inflicted on educational workers warrants the establishment of procedures to safeguard the health and safety of educational workers.  Your Committee also finds that safe schools are fundamental to creating and fostering an optimal learning and working environment.  School safety is linked to improved student performance and school outcomes.  This measure recognizes the necessity of safeguarding educational workers to enable optimal delivery of educational services to students and families and maintaining a safe learning and working environment.

     Your Committee has amended this measure by:

     (1)  Clarifying that educational workers included in bargaining units must negotiate leaves of absence pursuant to certain negotiation processes; and

     (2)  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. 616, H.D. 1, as amended herein, and recommends that it be referred to your Committee on Finance in the form attached hereto as H.B. No. 616, H.D. 2.

Respectfully submitted on behalf of the members of the Committee on Judiciary & Hawaiian Affairs,

STAND. COM. REP. NO.  177

Honolulu, Hawaii

                , 2025

RE:   H.B. No. 616

      H.D. 1

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Madame:

     Your Committee on Education, to which was referred H.B. No. 616 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 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.

     Your Committee received testimony in support of this measure from the State Public Charter School Commission; Hawaiʻi State Teachers Association; United Public Workers, AFSCME Local 646, AFL-CIO; Hawaii Government Employees Association, AFSCME Local 152, AFL-CIO; and nine individuals.  Your Committee received comments on this measure from the Department of the Attorney General and Department of Education.

     Your Committee finds that this measure recognizes the necessity of safeguarding educational workers who may encounter instances of harassment which may interfere with educational workers ability to provide optimal delivery of educational services to the State's students and families.  This measure is a step in helping to maintain a secure and conducive learning environment for educators and students.

     Your Committee has amended this measure by:

     (1)  Clarifying that 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 by law, because of the educational worker's position as an educational worker;

     (2)  Specifying that the Department of Education and public charter schools shall reimburse the education worker for costs incurred from serving temporary restraining orders related to harassment, rather than be required to reimburse the educational worker's attorney's fees or court costs;

     (3)  Clarifying that an educational worker shall be entitled to paid leave of absence when seeking judicial protection from harassment, as provided by law, because of the educational worker's position as an educational worker;

     (4)  Changing the effective date to July 1, 3000; 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 Education that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 616, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 616, H.D. 1, and be referred to your Committee on Judiciary & Hawaiian Affairs.

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