Bill Text: HI HB2483 | 2020 | Regular Session | Amended
Bill Title: Relating To Bullying.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Engrossed - Dead) 2020-03-16 - The hearing on this measure has been cancelled until further notice. [HB2483 Detail]
Download: Hawaii-2020-HB2483-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2483 |
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THIRTIETH LEGISLATURE, 2020 |
H.D. 2 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO BULLYING.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that youth participating in educational and recreational activities have the right to be free from bullying. Bullying, and the related problems of harassment and retaliation, inhibit a young person's ability to learn and an educational or recreational activity provider's ability to teach students in a safe environment. In extreme cases, persistent bullying or harassment may result in suicidal ideation that drives a youth to inflict self-harm. In contrast, a safe and civil environment helps youth to learn and thrive. Therefore, it is imperative that providers of educational and recreational activities to youth in the State establish and maintain clear and consistent policies and procedures to address these problematic behaviors. Additionally, these providers must ensure that employees and staff who work closely with youth receive appropriate training on how to recognize and address bullying, harassment, and retaliation.
SECTION 2. The Hawaii Revised Statutes is amended by adding a new chapter to title 10 to be appropriately designated and to read as follows:
"Chapter
BULLYING
PREVENTION AND RESPONSE
§ -1 Definitions. As
used in this chapter, unless the context clearly indicates otherwise:
"Bullying" means any written, verbal, graphic, electronic, or physical act that:
(1) May be based on a youth's actual or perceived race; sex, including gender identity or gender expression; sexual orientation; color; religion; ancestry; disability; any other distinguishing characteristic; or the youth's association with a person or group of persons with one or more of the actual or perceived foregoing characteristics; and
(2) Substantially interferes with the youth's ability to participate in, or benefit from, the services or activities provided by a covered entity, or is sufficiently severe, persistent, or pervasive that it creates an intimidating, threatening, or abusive educational or recreational environment.
"Covered
entity" means any
educational or recreational organization serving as the primary custodian of
youth on a regular basis.
"Disability"
means the state of having a physical or mental impairment that substantially
limits one or more major life activities, having a record of such an
impairment, or being regarded as having such an impairment. The term does not include alcohol or drug use
that impairs a person's activities or threatens the property or safety of
others.
"Electronic
communication" means a communication transmitted by means of an electronic
device, including a telephone, cellular phone, computer, tablet, pager, or
video or audio recording.
"Employee"
means an individual who performs a function for a covered entity and receives
compensation for the performance of that function.
"Gender expression"
means the manner in which a person represents or expresses gender to others,
often through behavior, clothing, hairstyles, activities, voice, or mannerisms.
"Gender identity"
means a person's internal, deeply-felt sense of being male, female, or other,
whether or not that gender-related identity is different from the person's
physiology or assigned sex at birth.
"Harassment"
means any threatening, insulting, or aggressive conduct, which may be written,
verbal, or physical, that is directed against a youth. To be considered harassing conduct, the
conduct shall have the effect of:
(1) Placing a youth in reasonable fear of harm to the youth's person or damage to the youth's property;
(2) Interfering with a youth's performance, opportunities, or benefits; or
(3) Disrupting the orderly operation of a covered entity.
"Party" means
a person accused of bullying, harassment, or retaliation; a target of bullying,
harassment, or retaliation; or a parent or legal guardian of either an accused
or targeted person.
"Retaliation"
means an adverse action taken against an employee, volunteer, or youth because that
person filed a complaint under the covered entity's bullying prevention policy;
participated in a complaint or investigation proceeding under the bullying
prevention policy; inquired about a person's rights under this chapter; or
otherwise opposed acts covered under this chapter. An adverse action is any action that would
dissuade a reasonable person from making or supporting a complaint under this
chapter.
"Sexual orientation"
means a person's emotional and sexual attraction to another person based on the
gender of the other person.
"Youth" means
an individual under the age of eighteen who is enrolled in a public school,
public charter school, or private school, or who accesses the services or
programs provided by a covered agency.
§ -2 Bullying prevention policy. (a) No later than July 1, 2021, a covered entity shall establish a bullying prevention policy that shall be enforced:
(1) On the covered entity's property;
(2) At covered entity-sponsored functions;
(3) On the covered entity's transportation or transportation that the covered entity sponsors; and
(4) In the context of electronic communications, to the extent that the communication is directed at a youth and meets the definition of bullying, harassment, or retaliation under section ‑1.
(b) A covered entity's policy shall include:
(1) The definitions of bullying, harassment, and retaliation as set forth in section ‑1;
(2) A statement prohibiting bullying, harassment, and retaliation;
(3) A statement that the policy applies to participation in functions sponsored by the covered entity;
(4) An expected code of conduct for the covered entity's employees, volunteers, youths, and the parents or legal guardians of youths;
(5) A list of consequences that may result from an identified incident of bullying, harassment, or retaliation; provided that the consequences are to be determined by the department of education;
(6) A procedure for reporting bullying, harassment, and retaliation that allows anonymous reporting; provided that a covered entity shall not formally respond solely on the basis of an anonymous report;
(7) A procedure for prompt investigation of reports of bullying, harassment, and retaliation, or other violations of the covered entity's policy, including dissemination of the name and contact information of the person responsible for receiving reports;
(8) A procedure for prompt notification to the parent or legal guardian of the youth alleged to have committed a prohibited act and the parent or legal guardian of the youth targeted by the alleged act; provided that if an administrator or director of the covered entity believes, in the administrator or director's professional capacity, that contacting the parent or legal guardian would endanger the health or well-being of a youth, the administrator or director may delay the contact as appropriate; and
(9) An appeals process for a party who is not satisfied with the outcome of an initial investigation.
(c) A covered entity shall disseminate its bullying prevention policy to youths and their parents or legal guardians, post the policy on its website, and ensure that any of its publications aimed at potential employees or participating youths contain a statement of the policy.
§ -3 Bullying prevention; annual training. Following the adoption of a bullying prevention policy, a covered entity shall:
(1) Provide annual training to the covered entity's employees and volunteers who have significant contact with youth on bullying, harassment, retaliation, and the covered entity's bullying prevention policy; provided that the training on bullying, harassment, and retaliation aligns with national prevention education standards or best practices; and
(2) Require satisfactory completion of the training in order to qualify for any covered entity-required recertification procedure.
§ -4 Retaliation; reporting; immunity. (a) An employee, volunteer, or youth shall not retaliate against a target or witness of bullying, harassment, or retaliation or a person who reports any of those acts.
(b) An employee or volunteer who has witnessed an incident of bullying, harassment, or retaliation in violation of the covered entity's bullying prevention policy, or who has reliable information that a person has been subjected to acts prohibited by the policy, shall promptly report the incident or information to the person designated by the entity to receive reports.
(c) An employee, volunteer, or youth who promptly and in good faith reports an incident of, or information on, a prohibited act in compliance with a bullying prevention policy adopted pursuant to section ‑2 shall be immune from a cause of action for damages arising from the report."
SECTION 3. This Act shall take effect on July 1, 2050.
Report Title:
Educational or Recreational Activities; Bullying; Harassment; Retaliation; Training
Description:
Requires all entities that provide educational or recreational activities to youth to establish, maintain, and enforce written policies and procedures on bullying, harassment, and retaliation, and provide staff with appropriate annual training, regardless of whether the entity receives any government funding. Takes effect on 7/1/2050. (HD2)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
