Report Title:

DOE; Discrimination

Description:

Prohibits discrimination against students in any program or activity in the public schools on the basis of race, religion, sex, ancestry, national origin, disability or sexual orientation. (HB1892 HD1)

HOUSE OF REPRESENTATIVES

H.B. NO.

1892

TWENTY-SECOND LEGISLATURE, 2004

H.D. 1

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to education.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The State Constitution prohibits discrimination in public educational institutions pursuant to article X, section 1. The purpose of this Act is to ensure that no student is discriminated against on the basis of race, religion, ancestry, sex, or sexual orientation in any educational activity, school program, or school-sponsored activities.

SECTION 2. Section 302A-1001, Hawaii Revised Statutes, is amended to read as follows:

"[[]§302A-1001[]] [Student bias] Student nondiscrimination policy in public schools. (a) No person in the State, on the basis of race, religion, ancestry, national origin, disability, sex[,] or sexual orientation, shall be [excluded from] denied admission to any public school, or be denied participation in[, be] or denied the benefits of, or be subjected to discrimination [under], including harassment, in any educational or recreational program, extracurricular activity, student services, or any other program or activity [receiving state or county financial assistance or utilizing state or county facilities.] in the public schools.

(b) For purposes of this section:

"Harassment" means conduct that has, on the basis of race, religion, ancestry, national origin, disability, sex, or sexual orientation, the purpose or effect of substantially interfering with a student's educational performance or creating an intimidating, hostile, humiliating, or offensive educational environment. Unlawful harassment is a form of discrimination.

"Sexual orientation" means:

(1) Having a preference for heterosexuality, homosexuality, or bisexuality;

(2) Having a history of any one or more of these preferences; or

(3) Being identified with any one or more of these preferences.

(c) This section shall apply to all students who attend public educational institutions governed by this chapter that receive state funding or use state facilities. Notwithstanding any law to the contrary, this section shall apply to new century chartered schools."

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect on July 1, 2004.