Hawaii-2024-HB2043-Amended

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.

"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.

"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.

"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.

HOUSE OF REPRESENTATIVES	H.B. NO.	2043
THIRTY-SECOND LEGISLATURE, 2024		H.D. 1
STATE OF HAWAII