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.

 


HOUSE OF REPRESENTATIVES

H.B. NO.

278

TWENTY-FIFTH LEGISLATURE, 2009

 

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 to develop antisocial behavior, and the effects of bullying on its victims and on school climates.  A 2002 United States Secret Service report found 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 within the schools on bullying.

     The legislature further finds that the widespread use of technology has given rise to cyberbullying, which is used by students with greater frequency in lieu of traditional schoolyard bullying.

     The purpose of this Act is to require the department of education to adopt rules to reduce and prevent school bullying and cyberbullying.

     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 regarding policies and procedures to reduce and prevent school bullying and cyberbullying.  At a minimum, the rules shall include:

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

     (2)  A prohibition against students cyberbullying other students;

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

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

     (5)  A requirement that school district employees report suspected incidents of bullying or cyberbullying to the appropriate school official;

     (6)  A formal process for the documentation of reported incidents of bullying or cyberbullying, except that no documentation shall be maintained unless the bullying or cyberbullying has been proven;

     (7)  A formal process for the investigation by the 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 but not limited to 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 but not limited to, communications transmitted through a computer system, blog, cellular telephone, facsimile, text message, online community website such as MySpace, computer network, or similar telecommunication mechanism, and with the electronic communication not having a legitimate purpose and including elements of harassment, intimidation, taunting, and ridicule.

     "School bullying" means aggressive behavior or intentional harm directed at another student and committed by an individual student or group of students repeatedly over time.  The act of bullying may take various forms, including but not limited to physical 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 2009-2010 and the sum of $           or so much thereof as may be necessary for fiscal year 2010-2011 for the implementation of model anti-bullying programs in schools.

     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, 2009.

 

INTRODUCED BY:

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