SB 3179: DOE; Public Charter Schools; Educational Workers; Protection and Workplace Safety; Harassment

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 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 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)  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)  For the purposes of this section, "educational worker" means any administrator, specialist, counselor, teacher, or employee of 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)  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)  For the purposes of this section, "educational worker" means 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."

     SECTION 4.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect upon its approval.

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 regarding incidents of harassment and implement procedures for handling harassment of educational workers.  (SD1)

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)  When any educational worker believes that the educational worker is being subjected to harassment, as provided for in section 711-1106, 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, 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 any legal actions that may arise from harassment, as provided for in section 711-1106, 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 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 may be included in the annual safety training provided by the department for all employees.

     (d)  For the purposes of this section, "educational worker" means any administrator, specialist, counselor, teacher, or employee of 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)  When any educational worker believes that the educational worker is being subjected to harassment, as provided for in section 711-1106, 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, 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 any legal actions that may arise from harassment, as provided for in section 711-1106, 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 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)  For the purposes of this section, "educational worker" means 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."

     SECTION 4.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect upon its approval.

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.

STAND. COM. REP. NO. 2221

Honolulu, Hawaii

RE:     S.B. No. 3179

        S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Sir:

     Your Committees on Education and Labor and Technology, to which was referred S.B. No. 3179 entitled:

"A BILL FOR AN ACT RELATING TO THE SAFETY OF EDUCATIONAL WORKERS,"

beg leave to report as follows:

     The purpose and intent of this measure is to require the Department of Education and public charter schools to take certain steps to report incidents of harassment and implement procedures for handling harassment of educational workers.

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

     Your Committees received comments on this measure from the Department of the Attorney General.

     Your Committees find that since the COVID-19 pandemic, attacks on educational workers have risen, causing many educational workers to consider quitting or transferring due to safety concerns.  In addition to driving educators out of the classroom during a teacher shortage, harassment against educational workers creates unsafe school environments that disrupt student learning.  This measure protects educational workers and promotes stability in public education by addressing workplace harassment.

     Your Committees acknowledge the concerns raised by the Department of the Attorney General that the scope of the protections established under this measure, including the reasons for harassment, sources of harassment, and legal actions requiring assistance, require greater specificity to clarify the Legislature's intent.  Additionally, the Department of Education is in the process of preparing an internal policy for harassment committed by its own employees.  Therefore, amendments to the measure are necessary to address these concerns. 

     Accordingly, your Committees have amended this measure by:

     (1)  Inserting language where appropriate, to clarify the protections established in this measure extend to educational workers who believe they are being subject to harassment because of the person's status as an educational worker;

     (2)  Clarifying throughout the measure that the established procedures regarding incidents of harassment of an educational worker:

          (A)  Employed by the Department of Education apply to harassment committed by a person not employed by the Department of Education; and

          (B)  Employed by a public charter school apply to harassment committed by a person not employed by a public charter school;

     (3)  Specifying that the Department of Education shall only assist educational workers with legal actions to obtain temporary restraining orders that arise from harassment;

     (4)  Requiring the Department of Education to include training on how to handle harassment situations and the use of de-escalation techniques in the annual safety training it provides for all employees;

     (5)  Specifying that a public charter school shall only assist educational workers with legal actions to obtain temporary restraining orders that arise from harassment; and

     (6)  Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

     As affirmed by the records of votes of the members of your Committees on Education and Labor and Technology that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 3179, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 3179, S.D. 1, and be referred to your Committees on Judiciary and Ways and Means.

Respectfully submitted on behalf of the members of the Committees on Education and Labor and Technology,