Bill Text: HI HB2043 | 2024 | Regular Session | Amended
Bill Title: Relating To Education.
Spectrum: Partisan Bill (Democrat 24-0)
Status: (Engrossed - Dead) 2024-03-07 - Referred to EDU/LBT, WAM/JDC. [HB2043 Detail]
Download: Hawaii-2024-HB2043-Amended.html
|
HOUSE OF REPRESENTATIVES |
H.B. NO. |
2043 |
|
THIRTY-SECOND LEGISLATURE, 2024 |
H.D. 1 |
|
|
STATE OF HAWAII |
|
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
RELATING TO EDUCATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that Hawaii's preschools and K-12 schools have increasingly served as safe havens for individuals who aim to exploit their positions at schools to carry out acts that harm children, violating the trust inherent in those positions. Recent investigations and reports indicate that offenses, including but not limited to sexual abuse, physical assault, and other forms of harassment, have been committed against students on various public and private preschools and K-12 campuses throughout the State. The school personnel or volunteer involved in these offenses often seeks to continue their reign of harming children at other schools by taking advantage of the inability of educational institutions to effectively share information with each other.
The legislature further finds that all too often, based on real or perceived legal restrictions, schools fail to provide vital information to one another to consider in the rendering of their decisions. This lack of communication allows contact with students to these perpetrators and creates a revolving door for the perpetrators at preschools and K-12 schools in the State.
The legislature recognizes that it is essential to prevent the presence of these individuals on any preschool and K-12 campus and from serving in any capacity that requires interaction with or close proximity to students. Action is required to preserve the safety of both private and public preschools and K-12 campuses and bolster protections for students from harm.
The purpose of this Act is to create a registry for all preschools and K-12 educational institutions within the State that contains information on school employees, contractors, or volunteers for whom, as result of an investigation, a final finding has been issued that the individual has inflicted harm on a student, with the goal of preventing those individuals from subsequently gaining employment in any other public or private preschools and K-12 institution in Hawaii.
SECTION 2. Chapter 302A, Hawaii Revised Statutes, is amended by adding a new section to part IV, subpart B, to be appropriately designated and to read as follows:
"§302A- Harm
to students registry; requirements; appeals. (a) The department shall establish
a harm to students registry, which shall be a compilation of employees found to
have inflicted harm on a student in the State.
The registry shall contain the full and legal name of the person; the
name of the reporting institution; information submitted to the department by
an institution pursuant to subsection (b); any significant dates, including but
not limited to the date of the incident and the date of the institution's final
finding as a result of its investigation; and any other information deemed
necessary by the department.
(b) An
institution shall register with the department any final finding resulting from
the institution's investigation of an employee of that institution who engaged
in acts or omissions that resulted in the infliction of harm to a student,
notwithstanding whether the employee was terminated, retired, resigned, or was
banned from the school pending completion of such investigation. Each institution shall complete its
investigation without regard to the employment status of the individual under
investigation or the status of the individual's future involvement with the
institution.
(c) For purposes of this section, in order for an
individual's name to be placed on the registry, the investigation conducted by
an institution that rendered a final finding of infliction of harm to a student
shall involve, at a minimum:
(1) An investigator
who was not a party or witness in the investigation and does not report to a
complaining party or accused party;
(2) An opportunity
for the complaining party and accused party to provide information to the
investigator regarding the alleged misconduct or other circumstances that
caused initiation of the investigation;
(3) Representation
for the accused party if required by law or any applicable collective
bargaining agreement; provided that the department shall not provide
representation for an accused party that does not belong to a bargaining unit is
not entitled to representation pursuant to a collective bargaining agreement;
(4) Consideration
of the information provided by all parties and witnesses who participated in
the investigation; and
(5) Reasoned
findings based on the information gathered that support the conclusion, to at
least a preponderance of the evidence, that the accused party inflicted harm on
a student.
(d)
Any institution in the State shall share information relating to any
ongoing or concluded investigation of infliction of harm to a student,
including any final finding of the investigation, when requested by another
institution.
(e)
The harm to students registry shall be made accessible to any
institution within the State and the department of human resources development.
(f)
Any person whose name appears on the harm to students registry may
appeal to the superintendent to remove their name from the registry. Upon submission of the appeal, the superintendent
shall convene a temporary panel to determine the deletion of the person from
the harm to students registry, which shall be comprised of the following three
members:
(1) The
superintendent, or the superintendent's designee;
(2) The executive
director of the state public charter school commission, or the executive
director's designee;
(3) The director of
the executive office on early learning, or the director's designee; and
(4) The executive
director of the Hawaii Association of Independent Schools, or the executive
director's designee.
The panel
shall serve as the final arbitrator of appeals authorized by this section.
(g) As
used in this section:
"Employee" means all
employees, contractors, and volunteers of an institution.
"Final finding" means
the conclusion of an institution's investigation that results in a
determination by the institution.
"Harm to students
registry" means a list of persons compiled by the department that have
been found through an investigation to have inflicted harm on a student.
"Inflicted harm on a
student" means the act of subjecting a student to sexual contact or
conduct, including but not limited to sexual assault as proscribed by chapter
707, part V, molestation, sexual fondling, incest, or prostitution; obscene or
pornographic photographing, filming, or depiction; or other similar forms of
sexual exploitation, including but not limited to acts that constitute an
offense pursuant to section 712‑1202(1)(b).
"Institution" means any
educational institution that serves students in prekindergarten and from
kindergarten through twelfth grade within the State.
"Investigation" means any fact finding by an institution in relating to an accusation of infliction of harm on a student."
SECTION 3. Chapter 302C, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§302C- Investigation of misconduct; reporting
to department of education; registry.
(a) Pursuant to the requirements
of section 302A- , a private school shall report to the
department of education any final finding resulting from the private school's
investigation that an employee inflicted harm on a student, notwithstanding
whether the employee was terminated, retired, resigned, or was banned from the
school pending completion of such investigation. Each private school shall complete its
investigation without regard to the status of employment of the individual or
the status of the individual's future involvement with the school.
(b) All private schools shall inquire with the
department of education whether a candidate for employment at their school is
listed on the harm to students registry.
(c) Private schools shall consult the harm to
student registry prior to authorizing a volunteer's assistance at a school
event that requires the volunteer's interaction or close proximity to a
student.
(d) If a candidate for employment or a potential
volunteer's name is listed on the registry, the private school shall cease to
consider the candidate or volunteer for employment or prohibit the volunteer's
assistance in a role that involves interaction or close proximity to a student.
(e) All private schools shall share information
relating to any ongoing or concluded investigation relating to an accusation
that an employee has inflicted harm on a student when requested by another
institution.
(f) As used in this section:
"Employee"
means all employees, contractors, and volunteers of a private school.
"Final
finding" means the conclusion of an institution's investigation that
results in a determination by the institution.
"Harm
to students registry" means a list of persons compiled by the department of
education that have been found through an investigation to have inflicted harm
on a student.
"Inflicted
harm on a student" means the act of subjecting a student to sexual contact
or conduct, including but not limited to sexual assault as proscribed by
chapter 707, part V, molestation, sexual fondling, incest, or prostitution;
obscene or pornographic photographing, filming, or depiction; or other similar
forms of sexual exploitation, including but not limited to acts that constitute
an offense pursuant to section 712‑1202(1)(b).
"Institution"
means any educational institution that serves students in prekindergarten and
from kindergarten through twelfth grade within the State.
"Investigation" means any fact finding by an institution in relating to an accusation of infliction of harm on a student."
SECTION 4. Chapter 302D, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§302D- Investigation of misconduct; reporting
to department; registry. (a) Pursuant to the requirements of section 302A- ,
a public charter school shall report to the department any final finding
resulting from the public charter school's investigation that an employee
inflicted harm on a student, notwithstanding whether the employee was
terminated, retired, resigned, or was banned from the school pending completion
of such investigation. Each public
charter school shall complete its investigation without regard to the status of
employment of the individual or the status of the individual's future
involvement with the school.
(b) All public charter schools shall inquire with
the department whether a candidate for employment at their school is listed on
the harm to students registry.
(c) Public charter schools shall consult the harm
to student registry prior to authorizing a volunteer's assistance at a school
event that requires the volunteer's interaction or close proximity to a
student.
(d) If a candidate for employment or a potential
volunteer's name is listed on the registry, the public charter school shall
cease to consider the candidate or volunteer for employment or prohibit the
volunteer's assistance in a role that involves interaction or close proximity
to a student.
(e) All public charter schools shall share
information relating to any ongoing or concluded investigation relating to an
accusation that an employee has inflicted harm on a student when requested by
another institution.
(f) As used in this section:
"Employee" means all
employees, contractors, and volunteers of a public charter school.
"Final finding" means
the conclusion of an institution's investigation that results in a
determination by the institution.
"Harm to students
registry" means a list of persons compiled by the department that have
been found through an investigation to have inflicted harm on a student.
"Inflicted harm on a
student" means the act of subjecting a student to sexual contact or
conduct, including but not limited to sexual assault as proscribed by chapter
707, part V, molestation, sexual fondling, incest, or prostitution; obscene or
pornographic photographing, filming, or depiction; or other similar forms of
sexual exploitation, including but not limited to acts that constitute an
offense pursuant to section 712‑1202(1)(b).
"Institution" means any
educational institution that serves students in prekindergarten and from
kindergarten through twelfth grade within the State.
"Investigation" means any fact finding by an institution in relating to an accusation of infliction of harm on a student."
SECTION 5. Chapter 302L, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§302L- Investigation of misconduct; reporting
to department of education; registry.
(a) Pursuant to the
requirements of section 302A- , a public prekindergarten
program or school shall report to the department of education any final finding
resulting from the program or school's investigation that an employee inflicted
harm on a student, notwithstanding whether the employee was terminated,
retired, resigned, or was banned from the program or school pending completion
of such investigation. Each public
prekindergarten program and school shall complete its investigation without
regard to the status of employment of the individual or the status of the
individual's future involvement with the school.
(b) All public prekindergarten programs and
schools shall inquire with the department of education whether a candidate for
employment at their school is listed on the harm to students registry.
(c) Public prekindergarten programs and schools
shall consult the harm to student registry prior to authorizing a volunteer's
assistance at a school event that requires the volunteer's interaction or close
proximity to a student.
(d) If a candidate for employment or a potential
volunteer's name is listed on the registry, the public prekindergarten program
or school shall cease to consider the candidate or volunteer for employment or
prohibit the volunteer's assistance in a role that involves interaction or
close proximity to a student.
(e) All public prekindergarten programs and
schools shall share information relating to any ongoing or concluded
investigation relating to an accusation that an employee has inflicted harm on
a student when requested by another institution.
(f) As used in this section:
"Employee" means all
employees, contractors, and volunteers of a public prekindergarten program or school.
"Final finding" means
the conclusion of an institution's investigation that results in a
determination by the institution.
"Harm to students
registry" means a list of persons compiled by the department of education
that have been found through an investigation to have inflicted harm on a
student.
"Inflicted harm on a
student" means the act of subjecting a student to sexual contact or
conduct, including but not limited to sexual assault as proscribed by chapter
707, part V, molestation, sexual fondling, incest, or prostitution; obscene or
pornographic photographing, filming, or depiction; or other similar forms of
sexual exploitation, including but not limited to acts that constitute an
offense pursuant to section 712‑1202(1)(b).
"Institution" means any
educational institution that serves students in prekindergarten and from
kindergarten through twelfth grade within the State.
"Investigation" means any fact finding by an institution in relating to an accusation of infliction of harm on a student."
SECTION 6. Section 302A-1003, Hawaii Revised Statutes, is amended to read as follows:
"[[]§302A-1003[]]
Indemnity upon reporting. (a) The State shall indemnify and hold harmless
anyone participating in good faith in making a report pursuant to section
302A-1002 from any civil liability that might otherwise be incurred or imposed
by, or as a result of, the making of the report.
(b) An employer that provides to an employee's
prospective employer information or opinion about a current or former
employee's job performance is presumed to be acting in good faith and shall
have a qualified immunity from civil or criminal liability for disclosing the
information and for the consequences of the disclosure.
(c) The good faith presumption under subsection
(b) shall be rebuttable upon a showing by a preponderance of the evidence that
the information or opinion disclosed was:
(1) Knowingly false;
or
(2) Knowingly
misleading.
(d) Nothing in this section shall affect rights, obligations, remedies, liabilities, or standards of proof under chapters 89, 92F, 368, and 378."
SECTION 7. 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 2024-2025 for the establishment of one full-time equivalent (1.0 FTE) permanent position within the department of education to manage the harm to students registry and carry out any other requirements pursuant to this Act.
The sum appropriated shall be expended by the department of education for the purposes of this Act.
SECTION 8. In accordance with section 9 of article VII of the Hawaii State Constitution and sections 37‑91 and 37‑93, Hawaii Revised Statutes, the legislature has determined that the appropriations contained in H.B. No. , will cause the state general fund expenditure ceiling for fiscal year 2024‑2025 to be exceeded by $ or per cent. In addition, the appropriation contained in this Act will cause the general fund expenditure ceiling for fiscal year 2024‑2025 to be further exceeded by $ or per cent. The combined total amount of general fund appropriations contained in only these two Acts will cause the state general fund expenditure ceiling for fiscal year 2024‑2025 to be exceeded by $ or per cent. The reasons for exceeding the general fund expenditure ceiling are that:
(1) The appropriation made in this Act is necessary to serve the public interest; and
(2) The appropriation made in this Act meets the needs addressed by this Act.
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:
Department of Education; Charter Schools; Private Schools; Prekindergarten Programs and Schools; Harm to Students Registry; Appropriation; Expenditure Ceiling
Description:
Establishes a harm to students registry for all preschools and K-12 educational institutions within the State that contains information on school employees, contractors, or volunteers for whom, as result of an investigation, a final finding has been issued that the individual has inflicted harm on a student. Defines "inflicted harm on a student". Allows for an appeal process to remove an individual's name from the registry. 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.
