SB1168 SD1

THE SENATE	S.B. NO.	1168
TWENTY-FOURTH LEGISLATURE, 2007		S.D. 1
STATE OF HAWAII

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 there is a growing body of research on the prevalence of school bullying, the likelihood of school bullies to develop anti-social behavior, and the effects of bullying on its victims and on school climates. A 2002 U.S. Secret Service report found bullying played a major role in several school shootings on the mainland.

In Hawaii, three newspaper articles in the Honolulu Advertiser, dated February 5, 2006, June 28, 2006, and July 3, 2006, have highlighted the problem of bullying in Hawaii's public schools. The legislature finds that more attention and awareness needs to be focused within the schools on bullying.

The legislature also finds that ubiquitous technology has given rise to cyberbullying which is used by students with greater frequency in lieu of traditional schoolyard bullying.

The purpose of this Act is to require the department of education to adopt rules to reduce and prevent school bullying and cyberbullying.

SECTION 2. Section 302A-101, Hawaii Revised Statutes, is amended by adding two new definitions to be appropriately inserted and to read as follows:

""Cyberbullying" means to make electronic telecommunication transmissions, including but not limited to, the use of data or computer software that is accessed through a computer, computer system, blog, cellular phone, fax, text messaging, an on-line community websites like MySpace, or computer network, and similar transmissions, without the purpose of legitimate communication, including but not limited to, harassment, taunting, and ridicule.

"School bullying" means aggressive behavior or causing intentional harm committed by an individual or group repeated over time. The act of bullying may take various forms, including but not limited to physical abuse, harassment, intimidation, taunting, and ridicule."

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

"§302A- Bullying; rules. The department shall adopt rules in accordance with chapter 91 regarding policies and procedures to reduce and prevent school bullying and cyberbullying. At a minimum, the rules shall provide for:

(1) Prohibiting pupils from bullying other pupils on school grounds, on school property, on school buses, at school bus stops, and at school sponsored events and activities;

(2) Prohibiting pupils from cyberbullying other pupils;

(3) A procedure for pupils to confidentially report to school officials incidents of bullying or cyberbullying;

(4) A procedure for parents and guardians of pupils to submit written reports to school officials of suspected incidents of bullying or cyberbullying;

(5) A requirement that school district employees report suspected incidents of bullying or cyberbullying to the appropriate school official;

(6) A formal process for the documentation of reported incidents of bullying or cyberbullying, except that no documentation shall be maintained unless the bullying or cyberbullying has been proven;

(7) A formal process for the investigation by the appropriate school officials of suspected incidents of bullying or cyberbullying;

(8) A formal process for reporting incidents of bullying and cyberbullying to the county police department;

(9) Disciplinary procedures, including but not limited to suspension from school for up to five days, for pupils who have admitted or been found to have committed incidents of bullying or cyberbullying; and

(10) A procedure that sets forth consequences for submitting false reports of incidents of bullying or cyberbullying."

SECTION 4. 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 2007-2008, and the same sum, or so much thereof as may be necessary for fiscal year 2008-2009, for the department of education to implement model anti-bullying programs in public schools.

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

SECTION 5. New statutory material is underscored.

SECTION 6. This Act shall take on July 1, 2050.