RELATING TO THE HARM TO STUDENTS REGISTRY.

HB2293

HOUSE OF REPRESENTATIVES

H.B. NO.

2293

THIRTY-THIRD LEGISLATURE, 2026

STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO THE HARM TO STUDENTS REGISTRY.

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

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SECTION 1.
�
Pursuant to
Act 156, Session Laws of Hawaii 2024, the department of education was required
to establish a harm-to-students registry.
�

The legislature finds that clarifying the scope of the registry by
including contractors and volunteers only if their roles involve close contact
with students, and by excluding K-12 students, will reduce unnecessary
complexity and administrative burdens while maintaining a safe learning
environment for students.

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Therefore, the purpose of this Act is to
clarify which individuals are covered under the harm-to-students registry to
ensure both efficiency and student safety.

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SECTION 2.
�

Section 302A-1006, Hawaii Revised Statutes, is
amended to read as follows:

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"[
[
]
�302A-1006
[
]
]
�
Harm to students
registry; requirements; due process; immunity
.
�
(a)
�
The department shall establish a harm to
students registry, which shall be a database of employees found to have
inflicted harm on a student in the State.
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The harm to students registry shall contain:

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(1)
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The
employee's full legal name and any prior names used, such as maiden name or
married name;

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(2)
�
The
employee's date of birth;

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(3)
�
The
employee's photograph;

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(4)
�
The
employee's last known address; and

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(5)
�
The
name of the reporting institution.

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(b)
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The
reporting institution shall certify to the department that any employee whose
name and information has been transmitted to the department for inclusion on
the harm to students registry has been afforded appropriate due process, as set
forth in this section.

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(c)
�
The reporting institution shall certify that
there has been a final finding, including the date of the institution's final
finding, resulting from the institution's investigation into whether the
institution's employee engaged in acts or omissions that resulted in the
infliction of harm to a student, notwithstanding whether the employee was
terminated, retired, resigned, or was banned from the school pending completion
of the investigation.
�
Each institution
shall complete an investigation without regard to the employment status of the
employee under investigation or the status of the employee's future involvement
with the institution.

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(d)
�
For purposes of this section, in order for an
employee's name to be placed on the harm to students registry, the
investigation conducted by the reporting institution that rendered a final
finding of infliction of harm to a student shall involve, at a minimum:

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(1)
�
An
investigator who was not a party or witness to the incident under investigation
and who does not report to a complaining party or accused party;

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(2)
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An
opportunity for the complaining party and accused party to provide information
to the investigator regarding the alleged misconduct or other circumstances
that caused initiation of the investigation;

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(3)
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Representation
for the accused party if required by law or any applicable collective
bargaining agreement; provided that the department shall not provide
representation for an accused party that is not entitled to representation
pursuant to a collective bargaining agreement;

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(4)
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Consideration
of the information provided by all parties and witnesses who participated in
the investigation; and

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(5)
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Reasoned
findings based on the information gathered that support the conclusion, by a
preponderance of the evidence, that the accused party inflicted harm on a
student.

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(e)
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The reporting institution shall certify,
before transmitting the employee's name and other information to the
department, that:

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(1)
�
The
employee whose name is transmitted to the department for inclusion on the harm
to students registry was given prior written notice of the institution's
decision to transmit the employee's name for this purpose;

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(2)
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The
employee was given the opportunity to appeal the decision; and

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(3)
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The
employee either waived the right to appeal or lost the appeal.

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The department shall rely on an
institution's certification that the employee was provided due process in
accordance with this section.

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(f)
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Each institution in the State, when requested
by another institution, shall share with that institution the existence of any
employee investigation that includes allegations of infliction of harm to a
student, including ongoing investigations.

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(g)
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An institution that provides information or an
opinion about an employee's job performance to a prospective employing
institution shall be presumed to be acting in good faith and shall have
qualified immunity from civil or criminal liability for disclosing the
information and for the consequences of the disclosure.

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(h)
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The good faith presumption under subsection
(g) shall be rebuttable upon a showing, by a preponderance of the evidence,
that the information or opinion disclosed was:

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(1)
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Knowingly
false; or

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(2)
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Knowingly
misleading.

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(i)
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Nothing in subsections (g) and (h) shall
affect the rights, obligations, remedies, liabilities, or standards of proof
under chapters 89, 92F, 368, and 378.

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(j)
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The harm to students registry shall be made
accessible to all institutions within the State.

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(k)
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A person whose name is listed on the harm to
students registry may request the reporting institution to submit a certified
request to the department to remove the person's name from the registry if new
information is discovered that proves that the person has not inflicted harm on
a student such that the person's name does not belong on the registry.
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The department shall remove the person's name
from the harm to students registry upon receiving a certified request from the
reporting institution to remove the person's name from the registry.

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(l)
�
Any institution certifying the inclusion of an
employee on or removal of an employee from the harm to students registry, or
refusing to certify the removal of an employee from the harm to students
registry, shall defend and indemnify the department from any liability
resulting from any claim or cause of action relating to the employee's
inclusion on or removal from the registry, or relating to the institution's
refusal to certify the removal of the employee from the registry.

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(m)
�
As part of the procedures followed pursuant to
section 302A-601.5, the department shall consult the harm to students registry
to determine whether a candidate for employment is listed on the registry.

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(n)
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The department shall consult the harm to
students registry before authorizing a volunteer's assistance in a role that
involves the volunteer's interaction with, or close proximity to, a student or
students.

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(o)
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If a candidate for employment or a potential
volunteer's name is listed on the harm to students registry, the department
shall cease to consider the candidate for employment or shall prohibit the
volunteer's assistance in a role that involves interaction with, or close
proximity to, a student or students.

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(p)
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The harm to students registry shall be exempt
from disclosure under chapter 92F.

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(q)
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An individual enrolled as a K-12 student at an institution at the time
of employment shall be exempt from this section.

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[
(q)
]
(r)

�
As used in this section:

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"Employee" means a person
currently or formerly employed by [
the
]
an
institution and
includes contractors [
and
]
or
volunteers for [
an
]
the

institution[
.
]
who performs any role that involves interaction with,
or place them in close proximity to, a student.

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"Final finding" means the
conclusion of an institution's investigation that results in a determination by
the institution.

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"Harm to students registry" or
"registry" means a database of employees and any related documents
compiled by the department that a reporting institution certifies and transmits
to the department.

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"Inflicted harm on a student" or
"infliction of harm on a student" means the act of subjecting a
student to abusive acts or sexual exploitation, whether with, to, or in the
presence of a student, including any:

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(1)
�
Sexual
act;

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(2)
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Solicitation
of a sexual act, whether written, visual, verbal, or physical;

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(3)
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Inappropriate
sexual contact or conduct, whether written, visual, verbal, or physical;

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(4)
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Act
of child abuse;

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(5)
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Intentional
solicitation, encouragement, or consummation of a romantic or physical
relationship, which includes dating a student; or

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(6)
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Acts
of abuse or violence, including assault, torture, or physical punishment or
restraint that results in serious bodily injury.

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"Institution" means any public or
private educational institution that services students in early learning
programs or schools, and from kindergarten through twelfth grade within the
State.

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"Investigation" means any fact
finding by an institution relating to an accusation of infliction of harm on a
student that meets the requirements of subsection (d)."

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SECTION 3.
�

Section 302C-2, Hawaii Revised Statutes, is amended by amending
subsection (l) to read as follows:

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"(l)
�
As used in this section:

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"Department" means the department
of education.

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"Employee" has the same meaning
as defined in section [
302A-1006(q).
]
302A-1006(r).

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"Final finding" has the same
meaning as defined in section [
302A-1006(q).
]
302A-1006(r).

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"Harm to students registry" or
"registry" has the same meaning as defined in section [
302A-1006(q).
]

302A-1006(r).

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"Inflicted harm on a student" or
"infliction of harm on a student" has the same meaning as defined in
section [
302A-1006(q).
]
302A-1006(r).

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"Institution" has the same
meaning as defined in section [
302A-1006(q).
]
302A-1006(r).

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"Investigation" has the same
meaning as defined in section [
302A-1006(q).
]
302A-1006(r).
"

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SECTION 4.
�

Section 302D-33.5, Hawaii Revised Statutes, is amended by amending
subsection (l) to read as follows:

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"(l)
�
As used in this section:

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"Department" means department of
education.

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"Employee" has the same meaning
as defined in section [
302A-1006(q).
]
302A-1006(r).

����
"Final finding" has the same
meaning as defined in section [
302A-1006(q).
]
302A-1006(r).

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"Harm to students registry" or
"registry" has the same meaning as defined in section [
302A-1006(q).
]

302A-1006(r).

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"Inflicted harm on a student" or
"infliction of harm on a student" has the same meaning as defined in
section [
302A-1006(q).
]
302A-1006(r).

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"Institution" has the same
meaning as defined in section [
302A-1006(q).
]
302A-1006(r).

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"Investigation" has the same
meaning as defined in section [
302A-1006(q).
]
302A-1006(r).
"

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SECTION 5.
�

Section 302L-11, Hawaii Revised Statutes, is amended by amending
subsection (l) to read as follows:

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"(l)
�
As used in this section:

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"Department" means the department
of education.

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"Employee" has the same meaning
as defined in section [
302A-1006(q).
]
302A-1006(r).

����
"Final finding" has the same
meaning as defined in section [
302A-1006(q).
]
302A-1006(r).

����
"Harm to students registry" or
"registry" has the same meaning as defined in section [
302A-1006(q).
]

302A-1006(r).

����
"Inflicted harm on a student" or
"infliction of harm on a student" has the same meaning as defined in
section [
302A-1006(q).
]
302A-1006(r).

����
"Institution" has the same
meaning as defined in section [
302A-1006(q).
]
302A-1006(r).

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"Investigation" has the same
meaning as defined in section [
302A-1006(q).
]
302A-1006(r).
"

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SECTION 6.
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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 7.
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This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________

BY REQUEST

Report Title:

DOE; Harm to Students Registry; Employee; Definition;
Exemption for Students

Description:

Clarifies the scope of the Department of
Education's harm-to-students registry by providing that contractors and
volunteers are included only if their roles involves close contact with
students, and by excluding K-12 students.

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