HB700

HOUSE OF REPRESENTATIVES	H.B. NO.	700
TWENTY-FOURTH LEGISLATURE, 2007
STATE OF HAWAII

A BILL FOR AN ACT

SECTION 1. The legislature finds that studies show a direct link between academic performance and students' feelings of safety in the school environment. Discrimination and harassment can create a climate of fear that often results in increased rates of absenteeism and decreased academic performance. Disruptive or violent behaviors, including discrimination, harassment, intimidation, and bullying not only hinder a student's ability to learn, but also hampers a school's ability to educate its students.

Although article X, section 1 of the Hawaii state constitution prohibits discrimination in public educational institutions based on race, religion, sex, or ancestry, and while the board of education has adopted a policy against discrimination in the public school system on the basis of race, color, religion, sex, age, national origin, ancestry, or disability, there is no existing statutory provision that expressly prohibits discrimination and harassment of students in an educational setting.

The purpose of this Act is to promote a safe learning environment by protecting students from discrimination and harassment.

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

"§302A- Discrimination and harassment prohibited in schools. (a) Discrimination and harassment on the basis of actual or perceived race, color, religion, sex, age, national origin, ancestry, disability, sexual orientation, and gender identity is prohibited in public educational institutions.

(b) The board of education shall adopt new rules or amend its existing rules, procedures, and disciplinary processes in responding to discrimination and harassment complaints under this section.

(c) The department of education shall provide the necessary training to staff and teachers to recognize discrimination and harassment and report its occurrence to the appropriate authorities."

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

"§302B- Discrimination and harassment prohibited in charter schools. Discrimination and harassment on the basis of actual or perceived race, color, religion, sex, age, national origin, ancestry, disability, sexual orientation, and gender identity is prohibited in charter schools."

SECTION 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 5. New statutory material is underscored.

SECTION 6. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________