THE SENATE

S.C.R. NO.

71

TWENTY-SECOND LEGISLATURE, 2004

S.D. 1

STATE OF HAWAII

 
   


SENATE CONCURRENT

RESOLUTION

 

REQUESTING A STUDY OF DISCRIMINATION AND HARASSMENT OF STUDENTS IN THE PUBLIC SCHOOLS.

 

WHEREAS, in 2001, the Department of Education amended its administrative rules to make it an offense to harass, bully, annoy, or alarm another student "for reasons of, including but not limited to, race, color, national origin, ancestry, sex, religion, disability, or sexual orientation which create an intimidating, hostile or offensive school environment, or interfere with the education of a student, or otherwise adversely affect the educational opportunity of a student"; and

WHEREAS, the Department of Education recognizes that a harassment policy is only as effective as the implementation of a student support system to ensure a safe school environment, and that the effectiveness of a student support system is dependent upon adequate assessment of student needs; and

WHEREAS, no comprehensive study of discrimination and harassment of Hawaii public school students has been conducted to provide a basis to develop a student support system that adequately addresses student discrimination and harassment on account of their sexual orientation, race, ethnicity, color, national origin and limited English speaking ability, ancestry, religion, or disability; and

WHEREAS, it has been thirteen years since H.C.R. No. 317, H.D. l, S.D. l, was passed by the Legislature during the Regular Session of 1990, which resulted in a Report on Hawaii's Gay and Lesbian Youth in November 1992; and

WHEREAS, few of the recommendations made in that report were implemented; and

WHEREAS, it would be timely to incorporate a study of the needs of gay, lesbian, bisexual, and transgender youth in a comprehensive study of discrimination and harassment of all students in the public schools; and

WHEREAS, the feasibility, cost, and privacy interests of students and parents need to be taken into account in conducting a comprehensive study of the demographics and needs of students who experience discrimination and harassment in the public schools; now, therefore,

BE IT RESOLVED by the Senate of the Twenty-Second Legislature of the State of Hawaii, Regular Session of 2004 House of Representatives concurring, that the Department of Education, in consultation with the Hawaii Safe Schools coalition, Department of Health, previous members of the Hawaii Gay and Lesbian Teen Task Force, other organizations concerned with discrimination and harassment in the public schools, and other state agencies as deemed required by the Department of Education, is requested to conduct a comprehensive study of the demographics and needs of students who experience discrimination and harassment in the public schools on account of their sexual orientation, race, ethnicity, color, national origin, limited English speaking ability, ancestry, sex, religion, or disability; and

BE IT FURTHER RESOLVED that the Department of Education is requested to report its findings and recommendations based on its review of the implementation and effectiveness of the Department of Education's administrative rule that prohibit harassment because of a student's sexual orientation, race, color, national origin, ancestry, sex, religion, and disability, as follows:

(1) Preliminary findings and recommendations, studying the demographics and needs of students as may be appropriate, to the Legislature twenty days prior to the convening of the Regular Session of 2005; and

(2) A final report on a comprehensive study of the demographics and needs of students who experience discrimination and harassment in the public schools to the Legislature twenty days prior to the convening of the Regular Session of 2006; and

BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Governor, Mayor and Chairperson of the Council of each county, Chairperson of the Board of Education, Superintendent of Education, and Hawaii Safe Schools Coalition.

Report Title:

Gay, Lesbian, Bisexual, and Transgender Youth; DOE; Feasibility of a Study