HOUSE OF REPRESENTATIVES

H.B. NO.

690

TWENTY-SIXTH LEGISLATURE, 2011

 

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 legislature finds that there is a growing body of research on the prevalence of school bullying, the likelihood of school bullies developing antisocial behavior, and the effects of bullying on student victims.  A 2002 United States Secret Service report found that bullying played a major role in several school shootings on the mainland.

     In Hawaii, three newspaper articles in The Honolulu Advertiser, dated February 5, 2006, June 28, 2006, and September 26, 2006, highlighted the problem of bullying in Hawaii's public schools.  The legislature finds that more attention and awareness needs to be focused by the schools on bullying.

     The legislature further finds that the widespread use of technology has given rise to cyberbullying, which occurs with greater frequency, in addition to the traditional schoolyard bullying.

     The purpose of this Act is to require the department of education to adopt rules to reduce or prevent school bullying and cyberbullying in public 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; rules.  The department shall adopt rules in accordance with chapter 91 to reduce or prevent school bullying and cyberbullying through the implementation of model anti-bullying programs.  At a minimum, the rules shall include:

     (1)  A prohibition against students bullying other students on school grounds, property, buses, bus stops and at school sponsored events and activities;

     (2)  A prohibition against students cyberbullying other students;

     (3)  A procedure to allow students to confidentially report to school officials of any incidents of bullying or cyberbullying;

     (4)  A procedure to allow parents and guardians of students to submit written reports to school officials of suspected incidents of bullying or cyberbullying;

     (5)  A requirement that department of education employees report suspected incidents of bullying or cyberbullying to appropriate school officials;

     (6)  A formal process to document reported incidents of bullying or cyberbullying; provided that no documentation shall be maintained unless the bullying or cyberbullying has been substantiated;

     (7)  A formal process requiring an investigation by appropriate school officials of suspected incidents of bullying or cyberbullying;

     (8)  A formal process for reporting incidents of bullying and cyberbullying to the county police department;

     (9)  Disciplinary procedures, including suspension from school for up to five days, for students who have admitted to committing or have been found to have committed bullying or cyberbullying; and

    (10)  A procedure that sets forth consequences for submitting false reports of incidents of bullying or cyberbullying."

     SECTION 3.  Section 302A-101, Hawaii Revised Statutes, is amended by adding two new definitions to be appropriately inserted and to read as follows:

     ""Cyberbullying" means to communicate electronically, including, communications transmitted through a computer system, blog, cellular telephone, facsimile, text message, online community website such as MySpace, computer network, or similar telecommunication mechanism, without a legitimate purpose but with the intent to harass, intimidate, taunt, or ridicule a student.

     "School bullying" means repeated aggressive behavior or intentional harm directed at a student that is committed by another student or group of students.  The act of school bullying includes, physical or verbal abuse, harassment, intimidation, taunting, and ridicule."

     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 sum of $           or so much thereof as may be necessary for fiscal year 2012-2013 to implement model anti-bullying programs in schools pursuant to this Act.

     SECTION 5.  The sums appropriated shall be expended by the department of education for the purposes of this Act.

     SECTION 6.  New statutory material is underscored.

     SECTION 7.  This Act shall take effect on July 1, 2011.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

DOE; School Bullying; Model Anti-Bullying Programs; Appropriation

 

Description:

Requires the department of education to adopt rules to prohibit school bullying and cyberbullying.  Makes appropriation.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.