Hawaii-2010-SB2094-Introduced

SECTION 1. The legislature finds that bullying and cyberbullying among students have a detrimental effect on academic achievement as well as the psychological, social, and physical well-being of students K-12. Bullying also directly affects students' attitudes toward school, school attendance, and academic achievement. According to a June 25, 2007, Report from the Safe Schools Community Advisory Committee, "Recommendations for Addressing Harassment in Hawaii Public Schools", bullying and harassment are common features of American school life. A 2003 nationally representative study of sixth to tenth grade students found that in the previous year thirteen per cent had engaged in bullying behaviors, eleven per cent had been victims, and six per cent had been victims and had engaged in bullying behaviors.

The purpose of this Act is to expand on the department of education's rules regulating bullying and cyberbullying, as set out in chapter 19, Hawaii Administrative Rules, by establishing civil penalties.

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

"§302A- Bullying and cyberbullying; penalty. (a) If any child of school age engages in bullying or cyberbullying, the child, and the father, mother, or legal guardian, shall be fined not more than $100 for each separate offense. Each day of each violation shall constitute a separate offense.

(b) For the purposes of this section:

"Bullying" means any written, verbal, graphic, or physical act that a student or group of students exhibits toward another particular student or students and the behavior causes mental or physical harm to the other student or students; and is sufficiently severe, persistent, or pervasive that it creates an intimidating, threatening, or abusive educational environment for the other student or students.

"Cyberbullying" means electronically transmitted acts, i.e., Internet, cell phone, personal digital assistance (PDA), or wireless hand-held device that a student has exhibited toward another student or employee of the department which causes mental or physical harm to the other student or students or school personnel and is sufficiently severe, persistent or pervasive that it creates an intimidating, threatening, or abusive educational environment:

(1) On campus, or other department of education premises, on department of education transportation, or during a department of education sponsored activity or event on or off school property;

(2) Through a department of education data system without department of education authorized communication; or

(3) Through an off campus computer network that is sufficiently severe, persistent, or pervasive that it creates an intimidating, threatening, or abusive educational environment for the other student or school personnel, or both.

In evaluating whether conduct constitutes harassment, intimidation or bullying, special attention should be paid to the words chosen or the actions, taken, whether the conduct occurred in front of others or was communicated to others, how the perpetrator interacted with the victim, and the motivation, either admitted or appropriately inferred. Electronic transmissions include but are not limited to the use of data, computer software that is accessed through a computer, a computer network system, other computerized systems, cellular phones or other similar electronic devices that display e-mail, text messaging, blogs, photos, drawings, video clips, on-line community websites, or faxes, or a combination of the foregoing."

SECTION 3. Chapter 302B, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§302B- Bullying and cyberbullying; penalty. (a) If any child of school age engages in bullying or cyberbullying, the child, and the father, mother, or legal guardian, shall be fined not more than $100 for each separate offense. Each day of each violation shall constitute a separate offense.

(b) For the purposes of this section:

"Cyberbullying" means electronically transmitted acts, i.e., Internet, cell phone, personal digital assistance (PDA), or wireless hand-held device that a student has exhibited toward another student or employee of the charter school which causes mental or physical harm to the other student or students or school personnel and is sufficiently severe, persistent or pervasive that it creates an intimidating, threatening, or abusive educational environment:

(1) On campus, or other department of education or another school's premises, on department of education or charter school transportation, or during a department of education or charter school sponsored activity or event on or off school property;

(2) Through a department of education or charter school data system without department of education or charter school authorized communication; or

SECTION 4. Chapter 302C, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§302C- Bullying and cyberbullying; penalty. (a) If any child of school age engages in bullying or cyberbullying, the child, and the father, mother, or legal guardian, shall be fined not more than $100 for each separate offense. Each day of each violation shall constitute a separate offense.

(b) For the purposes of this section:

"Cyberbullying" means electronically transmitted acts, i.e., Internet, cell phone, personal digital assistance (PDA), or wireless hand-held device that a student has exhibited toward another student or employee of the school which causes mental or physical harm to the other student or students or school personnel and is sufficiently severe, persistent or pervasive that it creates an intimidating, threatening, or abusive educational environment:

(1) On campus, or another school's premises, on school transportation, or during a department of education or other school sponsored activity or event on or off school property;

(2) Through a school data system without the school's authorized communication; or

SECTION 5. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 6. New statutory material is underscored.

SECTION 7. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	2094
TWENTY-FIFTH LEGISLATURE, 2010
STATE OF HAWAII