| 47 | | - | SECTION 1. The legislature finds that department of education employees and state public charter school employees play an important role in shaping the future and ensuring the welfare of the State's children. Increasing safeguards for educational workers who may encounter instances of harassment, and the establishment of a mechanism to address this harassment, is essential to ensuring a secure and conducive environment for educators and students in the State. The purpose of this Act is to provide increased protection for educational workers by requiring the department of education and state public charter schools to take certain steps to better address the harassment of educational workers. SECTION 2. Chapter 302A, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows: "§302A- Educational workers; protection and workplace safety; harassment; reporting; training. (a) An educational worker shall not be required to work under conditions or perform tasks when the educational worker is being subjected to harassment, as provided for in section 711-1106, because of the educational worker's position as an educational worker. (b) When any educational worker believes that the educational worker is being subjected to harassment, as provided for in section 711-1106, because of the educational worker's position as an educational worker, the educational worker may inform the educational worker's immediate supervisor, who shall take appropriate action using the procedures established pursuant to subsection (d)(3). (c) An educational worker who seeks judicial protection from harassment, as provided for in section 711-1106, because of the educational worker's position as an educational worker, including obtaining a temporary restraining order, shall be entitled to a leave of absence with pay to attend court proceedings related to the protection; provided that for those employees included in bargaining units pursuant to section 89-6, such leave must be negotiated pursuant to section 89-9(a). The duration of the leave of absence with pay shall be reasonable and sufficient to allow the educational worker to fulfill their court-related obligations. (d) The department shall: (1) Conduct a formal investigation of all incidents of harassment submitted to the department by an educational worker pursuant to subsection (b); (2) Report to the proper law enforcement authority within forty-eight hours all incidents of harassment submitted to the department by an educational worker pursuant to subsection (b), where the incident of harassment involves a potential threat of physical harm to the educational worker or another person; (3) Implement procedures for the handling of harassment of educational workers, including educational workers excluded from collective bargaining under chapter 89; provided that: (A) The procedures shall be included in the department's opening of the school year packet provided to all department employees annually; and (B) The procedures shall be posted on the department's website; (4) Develop a written emergency safety plan for aiding educational workers who have potentially harmful situations, including situations involving harassment, occurring in their work areas; provided that the department shall give consideration to suggestions provided by educational workers in developing the emergency safety plan; (5) Assist educational workers with any legal actions that may arise from harassment, as provided for in section 711-1106, because of the educational worker's position as an educational worker, including reimbursing the educational worker for the costs incurred from serving temporary restraining orders related to the harassment, but shall not include the payment of attorney's fees or court costs; and (6) Implement annual training for all educational workers on how to use de-escalation techniques and handle harassment from outside actors. (e) For the purposes of this section, "educational worker" means any administrator, specialist, counselor, teacher, or employee of the department; a person who is a volunteer, as defined in section 90-1, in a school program, activity, or function that is established, sanctioned, or approved by the department; or a person hired by the department on a contractual basis and engaged in carrying out a department function." SECTION 3. Chapter 302D, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows: "§302D- Educational workers; protection and workplace safety; harassment; reporting; training. (a) An educational worker shall not be required to work under conditions or perform tasks when the educational worker is being subjected to harassment, as provided for in section 711-1106, because of the educational worker's position as an educational worker. (b) When any educational worker believes that the educational worker is being subjected to harassment, as provided for in section 711-1106, because of the educational worker's position as an educational worker, the educational worker may inform the educational worker's immediate supervisor, who shall take appropriate action using the procedures established pursuant to subsection (d)(3). (c) An educational worker who seeks judicial protection from harassment, as provided for in section 711-1106, because of the educational worker's position as an educational worker, including obtaining a temporary restraining order, shall be entitled to a leave of absence with pay to attend court proceedings related to the protection; provided that for those employees included in bargaining units pursuant to section 89-6, such leave must be negotiated pursuant to section 89-9(a). The duration of the leave of absence with pay shall be reasonable and sufficient to allow the educational worker to fulfill their court-related obligations. (d) A public charter school shall: (1) Conduct a formal investigation of all incidents of harassment submitted to the public charter school by an educational worker pursuant to subsection (b); (2) Report to the proper law enforcement authority within forty-eight hours all incidents of harassment submitted to the public charter school by an educational worker pursuant to subsection (b), where the incident of harassment involves a potential threat of physical harm to the educational worker or another person; (3) Implement procedures for the handling of harassment of educational workers, including educational workers excluded from collective bargaining under chapter 89; provided that: (A) The procedures shall be provided to all employees of a public charter school annually; and (B) The procedures shall be posted on the public charter school's website; (4) Develop a written emergency safety plan for aiding educational workers who have potentially harmful situations, including situations involving harassment, occurring in their work areas; provided that the public charter school shall give consideration to suggestions provided by educational workers in developing the emergency safety plan; (5) Assist educational workers with any legal actions that may arise from harassment, as provided for in section 711-1106, because of the educational worker's position as an educational worker, including reimbursing the educational worker for the costs incurred from serving temporary restraining orders related to the harassment, but shall not include the payment of attorney's fees or court costs; and (6) Implement annual training for all educational workers on how to use de-escalation techniques and handle harassment from outside actors. (e) For the purposes of this section, "educational worker" means any administrator, specialist, counselor, teacher, or employee of a public charter school; a person who is a volunteer, as defined in section 90-1, in a school program, activity, or function that is established, sanctioned, or approved by a public charter school; or a person hired by a public charter school on a contractual basis and engaged in carrying out a public charter school function." SECTION 4. New statutory material is underscored. SECTION 5. This Act shall take effect on July 1, 3000. |
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| 47 | + | SECTION 1. The legislature finds that department of education employees and state public charter school employees play an important role in shaping the future and ensuring the welfare of the State's children. Increasing safeguards for educational workers who may encounter instances of harassment, and the establishment of a mechanism to address this harassment, is essential to ensuring a secure and conducive environment for educators and students in the State. The purpose of this Act is to provide increased protection for educational workers by requiring the department of education and state public charter schools to take certain steps to better address the harassment of educational workers. SECTION 2. Chapter 302A, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows: "§302A- Educational workers; protection and workplace safety; harassment; reporting; training. (a) An educational worker shall not be required to work under conditions or perform tasks when the educational worker is being subjected to harassment, as provided for in section 711-1106 because of the educational worker's position as an educational worker. (b) When any educational worker believes that the educational worker is being subjected to harassment, as provided for in section 711-1106 because of the educational worker's position as an educational worker, the educational worker may inform the educational worker's immediate supervisor, who shall take appropriate action using the procedures established pursuant to subsection (d)(3). (c) An educational worker who seeks judicial protection from harassment, as provided for in section 711-1106 because of the educational worker's position as an educational worker, including obtaining a temporary restraining order, shall be entitled to a leave of absence with pay to attend court proceedings related to the protection. The duration of the leave of absence with pay shall be reasonable and sufficient to allow the educational worker to fulfill their court-related obligations. (d) The department shall: (1) Conduct a formal investigation of all incidents of harassment submitted to the department by an educational worker pursuant to subsection (b); (2) Report to the proper law enforcement authority within forty-eight hours all incidents of harassment submitted to the department by an educational worker pursuant to subsection (b), where the incident of harassment involves a potential threat of physical harm to the educational worker or another person; (3) Implement procedures for the handling of harassment of educational workers, including educational workers excluded from collective bargaining under chapter 89; provided that: (A) The procedures shall be included in the department's opening of the school year packet provided to all department employees annually; and (B) The procedures shall be posted on the department's website; (4) Develop a written emergency safety plan for aiding educational workers who have potentially harmful situations, including situations involving harassment, occurring in their work areas; provided that the department shall give consideration to suggestions provided by educational workers in developing the emergency safety plan; (5) Assist educational workers with any legal actions that may arise from harassment, as provided for in section 711-1106 because of the educational worker's position as an educational worker, including reimbursing the educational worker for the costs incurred from serving temporary restraining orders related to the harassment, but shall not include the payment of attorney's fees or court costs; and (6) Implement annual training for all educational workers on how to use de-escalation techniques and handle harassment from outside actors. (e) For the purposes of this section, "educational worker" means any administrator, specialist, counselor, teacher, or employee of the department; a person who is a volunteer, as defined in section 90-1, in a school program, activity, or function that is established, sanctioned, or approved by the department; or a person hired by the department on a contractual basis and engaged in carrying out a department function." SECTION 3. Chapter 302D, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows: "§302D- Educational workers; protection and workplace safety; harassment; reporting; training. (a) An educational worker shall not be required to work under conditions or perform tasks when the educational worker is being subjected to harassment, as provided for in section 711-1106 because of the educational worker's position as an educational worker. (b) When any educational worker believes that the educational worker is being subjected to harassment, as provided for in section 711-1106 because of the educational worker's position as an educational worker, the educational worker may inform the educational worker's immediate supervisor, who shall take appropriate action using the procedures established pursuant to subsection (d)(3). (c) An educational worker who seeks judicial protection from harassment, as provided for in section 711-1106 because of the educational worker's position as an educational worker, including obtaining a temporary restraining order, shall be entitled to a leave of absence with pay to attend court proceedings related to the protection. The duration of the leave of absence with pay shall be reasonable and sufficient to allow the educational worker to fulfill their court-related obligations. (d) A public charter school shall: (1) Conduct a formal investigation of all incidents of harassment submitted to the public charter school by an educational worker pursuant to subsection (b); (2) Report to the proper law enforcement authority within forty-eight hours all incidents of harassment submitted to the public charter school by an educational worker pursuant to subsection (b), where the incident of harassment involves a potential threat of physical harm to the educational worker or another person; (3) Implement procedures for the handling of harassment of educational workers, including educational workers excluded from collective bargaining under chapter 89; provided that: (A) The procedures shall be provided to all employees of a public charter school annually; and (B) The procedures shall be posted on the public charter school's website; (4) Develop a written emergency safety plan for aiding educational workers who have potentially harmful situations, including situations involving harassment, occurring in their work areas; provided that the public charter school shall give consideration to suggestions provided by educational workers in developing the emergency safety plan; (5) Assist educational workers with any legal actions that may arise from harassment, as provided for in section 711-1106 because of the educational worker's position as an educational worker, including reimbursing the educational worker for the costs incurred from serving temporary restraining orders related to the harassment, but shall not include the payment of attorney's fees or court costs; and (6) Implement annual training for all educational workers on how to use de-escalation techniques and handle harassment from outside actors. (e) For the purposes of this section, "educational worker" means any administrator, specialist, counselor, teacher, or employee of a public charter school; a person who is a volunteer, as defined in section 90-1, in a school program, activity, or function that is established, sanctioned, or approved by a public charter school; or a person hired by a public charter school on a contractual basis and engaged in carrying out a public charter school function." SECTION 4. New statutory material is underscored. SECTION 5. This Act shall take effect on July 1, 3000. |
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