RELATING TO EDUCATIONAL WORKERS.

HB1895

HOUSE OF REPRESENTATIVES

H.B. NO.

1895

THIRTY-THIRD LEGISLATURE, 2026

STATE OF HAWAII

A BILL FOR AN ACT

relating
to EDUCATIONAL WORKERS
.

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

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SECTION
1.
�
The legislature finds that the safety
and well-being of Hawaii's educational workers are essential to the effective
operation of the State's public schools.
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In recent years, school administrators, teachers, counselors, and other
educational staff have experienced severe harassment, intimidation, and
disruptive conduct by certain individuals.
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These types of actions have included persistent threats, hostile
communications, and behavior that creates fear, disrupts workflow, and impedes
the ability of schools to carry out legally required duties.

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The
legislature notes that this Act is not intended to restrict good-faith
communication, parental advocacy, or participation in school matters.
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Rather, it addresses extreme conduct that
intentionally harasses educational workers or obstructs the functions of a
school, school administration office, or school board.

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Accordingly,
the purpose of this Act is to:

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(1)
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Include the disruption or interference with
the administration or functions of any school, school administration office, or
school board in the offense of harassment; and

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(2)
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Elevate the penalty for harassment to a
misdemeanor when the recipient is an educational worker.

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SECTION
2
.
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Section
711-1106, Hawaii Revised Statutes, is amended to read as follows:

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"
�711-1106
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Harassment.
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(1)
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A person commits the offense of harassment
if, with intent to harass, annoy, or alarm any other person, that person:

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(a)
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Strikes, shoves,
kicks, or otherwise touches another person in an offensive manner or subjects
the other person to offensive physical contact;

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(b)
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Insults, taunts,
or challenges another person in a manner likely to provoke an immediate violent
response or that would cause the other person to reasonably believe that the
actor intends to cause bodily injury to the recipient or another or damage to
the property of the recipient or another;

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(c)
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Repeatedly makes
telephone calls, facsimile transmissions, or any form of electronic
communication as defined in section 711-1111(2), including electronic mail
transmissions, without purpose of legitimate communication;

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(d)
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Repeatedly makes a
communication anonymously or at an extremely inconvenient hour;

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(e)
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Repeatedly makes
communications, after being advised by the person to whom the communication is
directed that further communication is unwelcome; [
or
]

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(f)
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Makes a
communication using offensively coarse language that would cause the recipient
to reasonably believe that the actor intends to cause bodily injury to the
recipient or another or damage to the property of the recipient or another[
.
]
;
or

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(g)
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Disrupts or
interferes with the administration or functions of any school, school
administration office, or school board.

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(2)
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Harassment is a petty misdemeanor[
.
]
unless the recipient is
an educational worker, in which case it is a misdemeanor.

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(3)
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For the purposes
of this section, "educational worker" means any administrator,
specialist, counselor, teacher, or employee of the department of education or
an employee of a 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 the department of education; or a person hired by
the department of education on a contractual basis and engaged in carrying out
department of education function.
"

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SECTION 3.
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This Act does not affect rights and duties
that matured, penalties that were incurred, and proceedings that were begun
before its effective date.

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

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SECTION 5.
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This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________

Report Title:

Penal Code; Harassment; Educational Worker

Description:

Includes the disruption or interference with the
administration or functions of any school, school administration office, or
school board in the offense of harassment.
�

Elevates the penalty for harassment to a misdemeanor when the recipient
is an educational worker.

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