SECTION 1. This Act shall be known as the safe schools for all students act.

SECTION 2. The legislature finds that all students have the right to fully participate in the educational process free from bullying, including cyberbullying. A safe and civil environment in school is necessary for students to learn and to meet high academic standards. Bullying, including cyberbullying, like other disruptive or violent behaviors, inhibit a student's ability to learn and a school's ability to educate students in a safe environment. It is imperative that all schools and youth-serving agencies in the State establish and maintain clear and consistent policies and procedures to address such behavior. In addition, because students learn by example, school administrators, faculty, staff, parents, guardians, and volunteers should be expected to demonstrate appropriate behavior, treat others with civility and respect, and refuse to tolerate bullying and harassment.

The purpose of this Act is to require all youth-serving agencies, public schools, charter schools, and educational institutions that receive state funding to establish, maintain, monitor, and enforce policies and procedures related to all forms of bullying, including cyberbullying, to protect youth in the State.

SECTION 3. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"Chapter

Safe schools for all students

§ -1 Definitions. For the purposes of this chapter, the term:

"Agency" means any state government entity that provides services, activities, or privileges to youth, including the:

(1) Department of education;

(2) State public charter school commission;

(3) Department of human services;

(4) Department of agriculture;

(5) Department of transportation; and

(6) University of Hawaii.

"Alternative discipline" means disciplinary action other than suspension or expulsion from school that is designed to correct and address the root causes of a student's specific misbehavior while retaining the student in class or school, or restorative school practices to repair the harm done to relationships and persons from the student's misbehavior. Alternative discipline includes but is not limited to:

(1) Meeting with the student and the student's parents;

(2) Reflective activities, such as requiring the student to write an essay about the student's misbehavior;

(3) Counseling;

(4) Anger management;

(5) Health counseling or intervention;

(6) Mental health counseling;

(7) Participation in skills building and resolution activities such as social-emotional cognitive skills building, resolution circles, and restorative conferencing;

(8) Community service; and

(9) In-school detention or suspension, which may take place during lunchtime, after school, or on weekends.

"Bullying" means any severe, pervasive, or persistent act or conduct, whether physical, electronic, including any form of cyberbullying, or verbal that:

(1) May be based on a youth's actual or perceived race, sex including gender identity or expression, sexual orientation, color, religion, ancestry, or disability, or any other distinguishing characteristic, or on a youth's association with a person, or group with any person, with one or more of the actual or perceived foregoing characteristics; and

(2) Can be reasonably predicted to:

(A) Place the youth in reasonable fear of physical harm to his or her person or property;

(B) Cause a substantial detrimental effect on the youth's physical or mental health;

(D) Substantially interfere with the youth's ability to participate in or benefit from the services, activities, or privileges provided by an agency, educational institution, or grantee.

"Disability" shall have the same meaning as provided in chapter 489.

"Educational institution" means any local education agency that receives funds from the State, including public charter schools.

"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 the State or for an agency, educational institution, or grantee and who receives compensation for the performance of that function.

"Gender identity or expression" shall have the same meaning as provided in chapter 489.

"Grantee" means an entity or a contractor of an entity that, on behalf of the State or through state funding, provides services, activities, or privileges to youth.

"Party" means a person accused of bullying, a target of bullying, or a parent or guardian of either a person accused of bullying or a target of bullying.

"Place of public accommodation" shall have the same meaning as provided in chapter 489.

"Sexual orientation" shall have the same meaning as provided in chapter 489.

"Youth", depending on the context, means:

(1) An individual of twenty-one years of age or less who is enrolled in an educational institution or who accesses the services or programs provided by an agency or grantee, or an individual of twenty-two years of age or less who is receiving special education services from an educational institution; or

(2) Individuals as described in paragraph (1) of this definition considered as a group.

§ -2 Bullying prevention task force. (a) Within sixty days of the effective date of this chapter, the governor shall establish a bullying prevention task force within the governor's office.

(b) In convening this task force and selecting its members, the governor shall consider geographic and socioeconomic diversity as well as other forms of diversity. The governor shall appoint eleven representatives from a variety of educational institutions and agencies that will be affected by this chapter, as well as community representatives, including:

(1) Teachers;

(2) Administrators from educational institutions and agencies;

(3) School mental health professionals;

(4) Parents and legal guardians;

(5) Youth;

(6) Direct service providers;

(7) Clergy; and

(8) Youth advocates.

(1) Provide guidance to the governor regarding the implementation of this chapter;

(2) Within one-hundred eighty days of the effective date of this chapter, publicize a model policy, which shall contain each of the components required by this chapter;

(3) Assist educational agencies, institutions, and grantees with developing policies in accordance with this chapter;

(4) Compile, and make available to each agency, educational institution, and grantee, a list of free or low-cost methods for establishing the bullying prevention programs authorized by this chapter;

(5) Within ninety days of receipt of the bullying prevention policies submitted by agencies, educational institutions, and grantees, review each adopted policy for compliance with the requirements of this chapter;

(6) Create resources and hold events to help inform employees, parents, and youth about the requirements of this chapter; and

(7) Promulgate guidelines to assist the governor in evaluating the effectiveness of the bullying prevention policies that have been established.

(d) The governor shall provide the task force with resources and staff support to execute the responsibilities of the task force pursuant to this chapter.

(e) Members of the task force shall serve without compensation but shall be reimbursed for reasonable expenses, including travel expenses, necessary for the performance of their duties.

(f) The task force shall terminate two years after its initial meeting; provided that at the discretion of the governor, a one-year extension may be granted.

§ -3 Bullying prevention policy. (a) Within three-hundred sixty-five days of the effective date of this chapter, in coordination with the task force established pursuant to section -2, each agency, educational institution, and grantee shall adopt a bullying prevention policy to be enforced:

(1) On its property, including electronic communication on or within its property;

(2) At functions sponsored by the agency, educational institution, or grantee; and

(3) On vehicles owned or sponsored by the agency, educational institution, or grantee.

(b) Each agency, educational institution, and grantee shall control the content of its policy; provided that each policy shall include:

(1) The definition of bullying set forth in section -1;

(2) A statement prohibiting bullying;

(3) A statement that the policy applies to participation in functions sponsored by the agency, educational institution, or grantee;

(4) A code of conduct;

(5) A list of the consequences, including alternative discipline approaches, that may result from an identified incident of bullying, which are designed to:

(A) Appropriately correct the bullying behavior;

(B) Prevent another occurrence of bullying or retaliation;

(D) Be flexible so that they can be uniquely applied to the individual incident and varied in method and severity based on the:

(i) Nature of the incident;

(ii) Developmental age of the person who committed the bullying; and

(iii) Any history of problem behavior from the person who committed the bullying;

(6) A procedure for reporting bullying or retaliation for reporting an act of bullying, including a procedure for anonymous reports of bullying; provided that no formal response shall be taken solely on the basis of an anonymous report;

(7) A procedure for prompt investigation of reports of violations of its policy and of complaints of bullying or retaliation, including the name and contact information of the person responsible for investigating reports;

(8) A procedure of prompt notification of the parents or guardians of the student alleged to have committed an act of bullying and the parents or guardians of the student targeted by the alleged act, provided that if the administrator believes, in their professional capacity, that contacting the parent of guardian would endanger the health or well-being of a student, they may delay such contact as appropriate;

(9) An appeal process for a party who is not satisfied with the outcome of the initial investigation; and

(10) A statement that prohibits retaliation against any person who reports or witnesses incidents of bullying.

(c) Within three-hundred sixty-five days of the effective date of this chapter, each agency, educational institution, and grantee shall submit a copy of its adopted policy to the task force.

(d) The requirements of this chapter and any policy adopted pursuant to this chapter shall be deemed to meet any health and safety standards that are required for educational institutions, if applicable.

(e) Information on the bullying prevention policy shall be incorporated into each agency, educational institution, and grantee's new employee training.

(f) Each agency, educational institution, and grantee shall develop a plan for how the policy is to be publicized, and shall include:

(1) Making a developmentally-appropriate version of the bullying prevention policy available to youth;

(2) Posting the policy and a developmentally-appropriate version of the policy for youth available on its website; and

(3) Making available the name and contact information of the person responsible for investigating reports of bullying.

§ -4 Secondary investigation; appeal. (a) A party who is not satisfied with the outcome of the initial investigation conducted pursuant to this chapter may request a secondary investigation by submitting a written appeal to the higher-level authority in the agency, educational institution, or grantee designated to hear appeals. A written request for an appeal shall be submitted within thirty days of the conclusion of the initial investigation.

(b) The secondary investigation shall be completed within thirty days of receipt of the written request for appeal, unless:

(1) Circumstances require additional time to complete a thorough investigation;

(2) The higher-level authority sets forth those circumstances identified pursuant to paragraph (1) in writing; and

(3) The additional time does not exceed fifteen days.

(c) When a written request for an appeal for a secondary investigation is submitted, the agency, educational institution, or grantee shall inform the party about their ability to seek further redress under chapter 489.

(d) This section shall not be construed to limit the right of a person to assert or seek redress for a claim arising under chapter 489.

§ -5 Retaliation, reporting, and immunity. (a) An employee, volunteer, or youth shall not retaliate against a victim or witness of bullying or a person who reports bullying.

(b) An employee or volunteer who has witnessed bullying in violation of a bullying prevention policy, or has reliable information that a person has been subjected to bullying in violation of a bullying prevention policy, shall promptly report the incident or information to the person designated by the agency, educational institution, or grantee as responsible for investigating the reports.

(c) An employee, volunteer, or youth who promptly and in good faith reports an incident of, or information on, bullying in compliance with the policy of the agency, educational institution, or grantee shall be immune from a cause of action for damages arising from the making of such report.

§ -6 Bullying prevention programs. Following the adoption of a bullying prevention policy, each agency, educational institution, and grantee shall:

(1) Establish an annual bullying prevention program for youth, which for each educational institution should align with established health-education standards;

(2) Inform youth about their right to be free from discrimination in public accommodations and education, and of the remedies available for a violation of their rights under chapter 489; and

(3) Provide annual training on bullying prevention to all employees and volunteers who have significant contact with youth.

§ -7 Reporting requirements. (a) Each educational institution shall provide to the governor, by a date determined by the governor, an annual report regarding the aggregate incidents of bullying, and any other information that the governor determines is necessary or appropriate.

(b) By September 1, 2016, and biennially thereafter, the governor shall:

(1) Review the programs, activities, services, and policies established pursuant to this chapter of each agency, educational institution, or grantee to determine their effectiveness and whether the agency, educational institution, or grantee is in compliance with this chapter; and

(2) Report the findings to the legislature by December 31 of each year that a report is due, along with an assessment of the current level and nature of bullying in agencies, educational institutions, and grantees, the department of education's evaluation of the sufficiency of funding for bullying prevention programs, and any recommendations for legislative, policy, or programmatic change to better address bullying in the State."

SECTION 4. Section 302D-34, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) A public charter school shall not discriminate against any student or limit admission based on race, color, ethnicity, national origin, religion, gender, including gender identity or expression, sexual orientation, income level, disability, level of proficiency in the English language, need for special education services, or academic or athletic ability."

SECTION 5. Section 489-2, Hawaii Revised Statutes, is amended by amending the definition of "place of public accommodation" to read as follows:

""Place of public accommodation" means a business, accommodation, refreshment, entertainment, recreation, education, or transportation facility of any kind whose goods, services, facilities, privileges, advantages, or accommodations are extended, offered, sold, or otherwise made available to the general public as customers, clients, or visitors. By way of example, but not of limitation, place of public accommodation includes facilities of the following types:

(1) A facility providing services relating to travel or transportation;

(2) An inn, hotel, motel, or other establishment that provides lodging to transient guests;

(3) A restaurant, cafeteria, lunchroom, lunch counter, soda fountain, or other facility principally engaged in selling food for consumption on the premises of a retail establishment;

(4) A shopping center or any establishment that sells goods or services at retail;

(5) An establishment licensed under chapter 281 doing business under a class 4, 5, 7, 8, 9, 10, 11, or 12 license, as defined in section 281-31;

(6) A motion picture theater, other theater, auditorium, convention center, lecture hall, concert hall, sports arena, stadium, or other place of exhibition or entertainment;

(7) A barber shop, beauty shop, bathhouse, swimming pool, gymnasium, reducing or massage salon, or other establishment conducted to serve the health, appearance, or physical condition of persons;

(8) A park, a campsite, or trailer facility, or other recreation facility;

(9) A comfort station; or a dispensary, clinic, hospital, convalescent home, or other institution for the infirm;

(10) A professional office of a health care provider, as defined in section 323D-2, or other similar service establishment;

(11) A mortuary or undertaking establishment; [~~and~~]

(12) A school, college, or educational institution; and

[~~(12)~~] (13) An establishment that is physically located within the premises of an establishment otherwise covered by this definition, or within the premises of which is physically located a covered establishment, and which holds itself out as serving patrons of the covered establishment.

No place of public accommodation defined in this section shall be requested to reconstruct any facility or part thereof to comply with this chapter."

SECTION 6. 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 2015-2016 and the same sum or so much thereof as may be necessary for fiscal year 2016-2017 for anti-bullying and suicide prevention efforts in Hawaii's public schools.

The sums appropriated shall be expended by the department of education for the purposes of this Act.

SECTION 7. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 8. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 9. This Act shall take effect upon its approval; provided that section 6 shall take effect on July 1, 2015.

THE SENATE	S.B. NO.	865
TWENTY-EIGHTH LEGISLATURE, 2015		S.D. 1
STATE OF HAWAII