Report Title:

Student Misconduct; Bullying; Harassment; Education

Description:

Requires the DOE to contract with the DOH to conduct an anonymous student survey each school year to determine whether school staff are under-reporting the incidence and prevalence of bullying in public schools. Requires the DOE to contract with the attorney general to investigate significant under-reporting.

THE SENATE

S.B. NO.

68

TWENTY-SECOND LEGISLATURE, 2003

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to student misconduct.

 

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

SECTION 1. The department of education shall contract with the department of health to conduct an anonymous student survey each school year to determine whether principals, teachers, and other school staff are under-reporting the incidence and prevalence of bullying in public schools. The department of health shall submit its findings to the department of education and the legislature not less than twenty day prior to the convening of each regular session.

The department of education shall contract with the department of the attorney general to investigate those public schools where the incidence and prevalence of bullying as reported by students exceeds the incidence and prevalence of bullying as reported by school staff by          per cent. The department of the attorney general shall submit its findings to the department of education and the legislature not less than twenty days prior to the convening of each regular session.

Bullying shall be reported as a separate category of offenses and as a part of the greater category of offenses deemed harassment.

SECTION 2. Section 302A-1002, Hawaii Revised Statutes, is amended to read as follows:

"[[]§302A-1002[]] Reporting of crime-related incidents. (a) The board shall adopt rules pursuant to chapter 91 to:

(1) Require a report to appropriate authorities from a teacher, official, or other employee of the department who knows or has reason to believe that an act has been committed or will be committed, which:

(A) Occurred or will occur on school property during school hours or during activities supervised by the school; and

(B) Involves crimes relating to arson, assault, burglary, disorderly conduct, dangerous weapons, dangerous drugs, harmful drugs, extortion, firearms, gambling, harassment, intoxicating drugs, marijuana or marijuana concentrate, murder, attempted murder, sexual offenses, rendering a false alarm, criminal property damage, robbery, terroristic threatening, theft, or trespass;

(2) Establish procedures for disposing of any incident reported; and

(3) Impose, in addition to any other powers or authority the department may have to discipline school officials, appropriate disciplinary action for failure to report these incidents, including probation, suspension, demotion, and discharge of school officials.

(b) The board shall publish data concerning the incidence and prevalence of bullying in schools and the under-reporting of bullying by school staff, on a school-by-school, complex-wide, and statewide basis, in the annual reports required under section 302A-1004. Bullying shall be reported as a separate category of offenses and as a part of the greater category of offenses deemed harassment."

SECTION 3. 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 2003-2004, and the same sum, or so much thereof as may be necessary for fiscal year 2004-2005, to carry out the purposes of this Act. The sums appropriated shall be expended by the department of education.

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect on July 1, 2003.

INTRODUCED BY:

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