Hawaii-2024-HB2078-Introduced

HOUSE OF REPRESENTATIVES	H.B. NO.	2078
THIRTY-SECOND LEGISLATURE, 2024
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 the right to education is fundamental to the success of Hawaii's children and youth. On March 7, 1974, the board of education adopted the student bill of rights and responsibilities, which outlines the rights and responsibilities of students as analogous to those of an adult citizen. A copy of this document is distributed annually to staff and kept in every school office.

The legislature further finds that Hawaii is a place of diverse cultures, practices, races, and ethnicities. It is vital for student success in Hawaii's public schools that historically and culturally accurate educational materials are available and that individuals of diverse backgrounds and characteristics are recognized and welcomed.

The purpose of this Act is to:

(1) Require the department of education to ensure that accurate and inclusive curricula is available to all students; and

(2) Make it a discriminatory practice to prohibit, restrict access to, remove, or exclude from curricula various inclusive materials and topics.

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

"§302A- Inclusive curricula; availability; discriminatory practice; complaints. (a) Beginning with the 2025-2026 school year, the department shall ensure that accurate and inclusive curricula are available to all students at public schools in accordance with age guidelines.

(b) It shall be a discriminatory practice to refuse to approve, remove, or prohibit the use or access of any curricular materials from a school or public library on the basis that the materials:

(1) Address topics related to race; color; ancestry; sex, including gender identity, gender expression, or sexual orientation; religion; or disability; or

(2) Are written by individuals who are lesbian, gay, bisexual, transgender, queer, or are questioning their sexuality, or involve issues concerning these individuals.

(c) The department shall create a process to receive complaints regarding a school or school complex that is not in compliance with subsection (a).

(d) Any individual claiming to be aggrieved by an alleged unlawful discriminatory practice under subsection (b) may file a complaint with the civil rights commission in accordance with the procedure established under chapter 368.

(e) Nothing in this section shall be interpreted to prevent the department from implementing or using existing age-appropriate guidelines in effectuating this section.

(f) For the purposes of this section, "inclusive curricula" means curricular materials that accurately portray the cultural and racial diversity of society. "Inclusive curricula" includes books and educational materials that:

(1) Recognize the contributions of people of all genders in all types of roles, including professional, vocational, and executive roles;

(2) Collectively address a diversity of cultures, races, and nationalities; and

(3) Reflect the role and contributions of Native Hawaiians; Native Americans; African Americans; Latino Americans; Asian Americans; Pacific Islanders; European American; and other diverse groups."

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________