SB527

SECTION 1. The legislature finds that complying with and upholding state and federal civil rights laws is an important responsibility of the department of education.

The legislature further finds that following the December 6, 2018, federal lawsuit filed against the department of education and the Oahu Interscholastic Association involving Campbell high school, the civil rights compliance branch of the department of education received temporary funding to hire a Title IX specialist for gender equity in athletics. While the incumbent Title IX specialist for gender equity in athletics has already made a statewide impact with the addition of flag football for female athletes, meeting with athletic leagues statewide, garnering support from various stakeholders in the community, and playing a pivotal role in implementing the department of education's gender equity plan statewide, this position is temporary.

Furthermore, the legislature finds that additional staff and funding are needed for the department of education to better comply with and uphold state and federal civil rights laws.

Accordingly, the purpose of this Act is to establish and appropriate funds for five full-time equivalent (5.0 FTE) positions within the civil rights compliance branch of the department of education.

SECTION 2. (a) There is established within the civil compliance branch of the department of education, five full-time equivalent (5.0 FTE) positions, as follows:

(1) One full-time equivalent (1.0 FTE) civil rights compliance specialist II (Title IX - gender equity in athletics) whose duties shall include but not be limited to:

(A) Reviewing athletic programs statewide;

(B) Developing and recommending administrative policies and guidelines to achieve compliance with Title IX and nondiscrimination on the basis of sex in education programs and activities, specifically with regard to gender equity in athletics;

(C) Providing guidance and instructions to remedy, achieve, and maintain compliance and non-discriminatory practices on the basis of sex in athletic programs and activities;

(D) Providing technical assistance, information, and guidance to department of education supervisors, including principals, vice principals, and athletic directors; staff; students; parents; and the general public as it pertains to gender equity issues in athletics;

(E) Providing training to equity specialists, athletic directors, coaches, community members and others who may have a legitimate interest in gender equity within the department of education;

(F) Preparing the department of education's official response to state and federal enforcement agencies concerning potential or alleged civil rights violations as they relate to gender equity in athletics; and

(G) Conducting a full range of investigations involving issues related with alleged violations of Title IX policies and procedures as they pertain to gender equity in education programs and services within the department of education; and

(2) Four full-time equivalent (4.0 FTE) equity specialists II, to serve statewide and be assigned wherever the needs of the department of education are most pressing at any given time, and whose duties shall include but not be limited to:

(A) Acting as the Title IX coordinator for a complex area and accepting complaints relating to discrimination or harassment based on sex or gender;

(B) Assuring compliance with Title IX throughout a complex area and providing guidance to each school's administration relating to compliance under Title IX and any related department of education policies;

(C) Conducting a full range of investigations involving issues dealing with possible violations of civil rights laws, policies, and procedures, including Title VI, Title VII, and Title IX, of the Americans with Disabilities Act, as amended, and Section 504 of the Rehabilitation Act of 1973, as amended;

(D) Acting as the language access coordinator for a complex area and assuring compliance with Title VI of the Americans with Disabilities Act, as amended, throughout the complex area, which includes providing guidance to each school's administration relating to compliance under Title VI of the Americans with Disabilities Act, as amended, and any related department of education policies;

(E) Acting as the reasonable accommodation coordinator for a complex area and working with schools and employees to determine reasonable accommodations for employees with disabilities;

(F) Providing guidance to each school's administration relating to compliance under the Americans with Disabilities Act, as amended, and any related department of education policies; and

(G) Ensuring that proper technical assistance, coordination, and support is provided to complex area supervisors, principals, vice principals, office staff, career and technical education specialists, and teachers.

(b) For purposes of this section, "Title IX" means Public Law 92-318, Title IX of the federal Education Amendments of 1972, as amended.

SECTION 3. There is appropriated out of the general revenues of the State of Hawaii the sum of $779,520 or so much thereof as may be necessary for fiscal year 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 for the civil rights compliance branch of the department of education to employ five full-time equivalent (5.0 FTE) equity specialists as provided in section 2 of this Act; provided that $155,904 shall be allocated for each position.

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

SECTION 4. There is appropriated out of the general revenues of the State of Hawaii the sum of $20,000 or so much thereof as may be necessary for fiscal year 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 for the civil rights compliance branch of the department of education for equipment and supplies for the five full-time equivalent (5.0 FTE) equity specialist positions established pursuant to section 2 of 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, 2025.

INTRODUCED BY:

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THE SENATE	S.B. NO.	527
THIRTY-THIRD LEGISLATURE, 2025
STATE OF HAWAII