SB934 HD1.DOC

SECTION 1. The legislature finds that bullying and cyberbullying among students have a detrimental effect on academic achievement as well as on the psychological, social, and physical well-being of students in grades K-12. Bullying also directly affects students' attitudes toward school, school attendance, and academic achievement. According to a June 25, 2007, report from the department of education safe schools community advisory committee entitled "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 of these students had engaged in bullying behaviors, eleven per cent had been victims, and six per cent had been victims and had also engaged in bullying behaviors.

The purpose of this Act is to provide greater protection for Hawaii's children, in and out of school settings, by:

(1) Establishing a bullying and cyberbullying policy for all public schools;

(2) Requiring implementation of the policy in all public schools;

(3) Establishing bullying and cyberbullying reporting requirements for all public schools; and

(4) Requiring the department of education and the charter school review panel to each submit an annual report to the legislature on the status of the implementation of the policy established pursuant to this Act, statistics on bullying and cyberbullying, and the impact of the policy on bullying and cyberbullying in the schools.

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; policy; reporting. (a) No student shall be subjected to bullying or cyberbullying:

(1) During any education program or activity;

(2) While in school, on school equipment or property, in school vehicles, on school buses, at designated school bus stops, at school-sponsored activities, or at school-sanctioned events; or

(3) Through the use of data, telephone, or computer software that is accessed through a computer, computer system, or computer network.

(b) The department shall adopt rules to implement a policy prohibiting bullying and cyberbullying, as defined in subsection (f). The department shall involve students, parents, legal guardians, administrators, school staff, school volunteers, community representatives, and local law enforcement agencies in the process of adopting the policy. The department's policy shall be implemented in a manner that is ongoing throughout the school year and integrated with a school's curriculum, discipline policies, and other violence prevention efforts.

(c) The policy adopted by the department pursuant to subsection (b) shall contain, at a minimum, the following components:

(1) Notice of the policy, which shall include:

(A) A statement prohibiting bullying or cyberbullying, as defined in subsection (f);

(B) A statement prohibiting retaliation or false accusation against a student target, witness, or individual with reliable information about an act of bullying or cyberbullying;

(D) A statement of how the policy is to be publicized, including requirements that:

(i) Annual written notice of the policy shall be provided to parents, legal guardians, staff, volunteers, and students, with age appropriate language for students;

(ii) Posting of the policy in several locations in each public school, including cafeterias, school bulletin boards, and administration offices, and the department's website; and

(iii) Inclusion of the policy in all student conduct and employee handbooks;

(E) A procedure for providing immediate notification to the parents or legal guardian of a victim of bullying or cyberbullying and the parents or legal guardian of the perpetrator of the bullying or cyberbullying; and

(F) The identification by job title of school officials responsible for ensuring that the policy is implemented;

(2) Reporting and investigation procedures and requirements, which shall include:

(A) A procedure for reporting an act of bullying or cyberbullying, including a provision that permits a person to report a bullying or cyberbullying act anonymously; provided that no formal disciplinary action shall be taken solely on the basis of an anonymous report;

(B) A requirement that any school employee who has information that a student is a target of bullying or cyberbullying immediately report the information to the principal of the employee's school or the principal's designee;

(C) A procedure for each school to document any bullying or cyberbullying incident that is reported and a procedure to report all incidents of bullying or cyberbullying and the resulting consequences, including discipline and referrals, to the board on a semi-annual basis; and

(D) A procedure for prompt investigation of reports of violations and complaints, identifying either the principal or the principal's designee as the person responsible for the investigation;

(3) Penalties, remedies, and victim assistance that include:

(A) Penalties, consequences, and appropriate remedial action for a student who commits an act of bullying or cyberbullying;

(B) Penalties, consequences, and appropriate remedial action for a student found to have falsely accused another as a means of retaliation, reprisal, or as a means of bullying or cyberbullying;

(C) A strategy for providing counseling or referral to appropriate services, including guidance, academic intervention, and protection to student targets and perpetrators, and appropriate family members affected by bullying or cyberbullying, as necessary; and

(D) A statement encouraging public schools to form bullying prevention task forces, programs, and other initiatives involving school staff, students, administrators, volunteers, parents, legal guardians, law enforcement, community members, and other stakeholders; and

(4) Training and assessment, including the following educational programs to prevent bullying or cyberbullying:

(A) Annual training for administrators, school employees, and volunteers who have significant contact with students in preventing, identifying, responding to, and reporting incidents of bullying or cyberbullying; and

(B) An educational program for students, parents, and legal guardians in preventing, identifying, responding to, and reporting incidents of bullying or cyberbullying.

(d) Nothing in this section shall be construed to prohibit or prevent a teacher, school or department official, or other employee or volunteer of the department from reporting other offenses to the appropriate principal or the principal's designee.

(e) A student, parent, legal guardian, teacher, school or department official, or other employee or volunteer of the department who promptly reports in good faith an act of bullying or cyberbullying to the appropriate school official designated in the department's policy and who makes this report in compliance with the procedures set forth in the policy is immune from a cause of action for damages arising out of the reporting itself or any failure to remedy the reported incident.

(f) For the purposes of this section:

"Bullying" or "cyberbullying" means any written, verbal, or physical act, or any electronic communication including a communication shown to be motivated by a student's actual or perceived race, color, religion, national origin, ancestry or ethnicity, socio-economic status, sexual orientation, physical, mental, emotional, or learning disability, gender, gender identity or expression, or other distinguishing personal characteristic, when the written, verbal, or physical act or electronic communication is intended to:

(1) Physically or emotionally harm a student or damage the student's property;

(2) Substantially interfere with a student's educational opportunities;

(3) Be so severe, persistent, or pervasive as to create an intimidating or threatening educational environment; or

(4) Substantially disrupt the orderly operation of the school.

"Electronic communication" means any communication through an electronic device including a telephone, cellular phone, computer, or pager, including electronic mail or e-mail, instant messaging, text messages, blogs, mobile phones, pagers, online games, and websites.

(g) The department shall submit an annual report to the legislature that shall include the status of the implementation of the policy established pursuant to this section, statistics on bullying and cyberbullying, and the policy's impact on bullying and cyberbullying in schools no later than twenty days prior to the convening of each regular session."

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; policy; reporting. (a) No student shall be subjected to bullying or cyberbullying at any time.

(b) The panel shall adopt rules to implement a policy prohibiting bullying and cyberbullying, as defined in subsection (f). The panel shall involve students, parents, legal guardians, administrators, school staff, school volunteers, community representatives, and local law enforcement agencies in the process of adopting the policy. The panel's policy shall be implemented in a manner that is ongoing throughout the school year and integrated with a charter school's curriculum, discipline policies, and other violence prevention efforts.

(1) Notice of the policy, which shall include:

(A) A statement prohibiting bullying or cyberbullying, as defined in subsection (f);

(B) A statement prohibiting retaliation or false accusation against a student target, witness, or individual with reliable information about an act of bullying or cyberbullying;

(D) A statement of how the policy is to be publicized, including requirements that:

(i) Annual written notice of the policy shall be provided to parents, legal guardians, staff, volunteers, and students, with age appropriate language for students;

(ii) Posting of the policy in several locations in each charter school, including cafeterias, school bulletin boards, and administration offices, and the office's website; and

(iii) Inclusion of the policy in all student conduct and employee handbooks;

(F) The identification by job title of school officials responsible for ensuring that the policy is implemented;

(2) Reporting and investigation procedures and requirements, which shall include:

(D) A procedure for prompt investigation of reports of violations and complaints, identifying either the principal or the principal's designee as the person responsible for the investigation;

(3) Penalties, remedies, and victim assistance that shall include:

(A) Penalties, consequences, and appropriate remedial action for a student who commits an act of bullying or cyberbullying;

(B) Penalties, consequences, and appropriate remedial action for a student found to have falsely accused another as a means of retaliation, reprisal, or as a means of bullying or cyberbullying;

(D) A statement encouraging charter schools to form bullying prevention task forces, programs, and other initiatives involving school staff, students, administrators, volunteers, parents, legal guardians, law enforcement, community members, and other stakeholders;

and

(4) Training and assessment, including the following educational programs to prevent bullying or cyberbullying:

(B) An educational program for students, parents, and legal guardians in preventing, identifying, responding to, and reporting incidents of bullying or cyberbullying.

(e) A student, parent, legal guardian, teacher, school or department official, or other employee or volunteer of the department who promptly reports in good faith an act of harassment, intimidation, bullying, or cyberbullying to the appropriate school official designated in the panel's policy and who makes this report in compliance with the procedures set forth in the policy is immune from a cause of action for damages arising out of the reporting itself or any failure to remedy the reported incident.

(f) For the purposes of this section:

"Bullying" or "cyberbullying" shall have the same meaning as in section 302A‑ (f).

"Electronic communication" shall have the same meaning as in section 302A‑ (f).

(g) The panel shall submit an annual report to the legislature that shall include the status of the implementation of the policy established pursuant to this section, statistics on bullying and cyberbullying, and the policy's impact on bullying and cyberbullying in schools no later than twenty days prior to the convening of each regular session."

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 2011-2012 and the same sum or so much thereof as may be necessary for fiscal year 2012-2013 to fund the implementation of the policy required by this Act.

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

SECTION 5. This Act shall take effect on July 1, 2050.

THE SENATE	S.B. NO.	934
TWENTY-SIXTH LEGISLATURE, 2011		S.D. 2
STATE OF HAWAII		H.D. 1