RELATING TO STUDENT MISCONDUCT.

HB2621

HOUSE OF REPRESENTATIVES

H.B. NO.

2621

THIRTY-THIRD LEGISLATURE, 2026

STATE OF HAWAII

A BILL FOR AN ACT

relating
to student misconduct
.

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

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SECTION
1.
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The legislature finds that student
safety is fundamental to learning and that incidents of physical violence in
schools undermine student well-being, academic success, and community trust.
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The legislature further finds that existing
disciplinary frameworks do not consistently distinguish between aggressors,
facilitators, victims, and bystanders, resulting in uneven discipline and
insufficient data to inform prevention and intervention efforts.

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The
purpose of this Act is to clarify procedures related to the reporting of student
misconduct involving physical violence and establish a consistent reporting and
data framework to ensure accountability, transparency, and informed policy
decisions.

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SECTION
2.
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Chapter 302A, Hawaii Revised
Statutes, is amended by adding a new subpart to part IV to be appropriately
designated and to read as follows:

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Student Misconduct

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�302A-A
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Definitions.
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As used in this subpart, unless the context
otherwise requires:

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"Facilitator" means a student who
knowingly restrains, holds, blocks, corners, or otherwise prevents another
student from escaping or defending themselves while physical violence is
occurring.

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"Fighting" means an incident
involving physical violence between students, whether mutual or non-mutual,
including situations in which one or more students initiate, escalate, or
participate in an assault.

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"Passive bystander" means a
student who is present during an incident of physical violence but does not
engage in physical participation, facilitation, or encouragement of the
conduct.

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"Physical violence" means the
intentional use of physical force by a student against another student that
results in or has the potential to result in physical injury, pain, or
impairment.

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"Primary aggressor" means a
student who initiates or leads an act of physical violence against another
student.

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"Secondary aggressor" means a
student who joins in, assists in, or escalates an act of physical violence initiated
by another student.

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"Victim" means a student against
whom physical violence is directed and who does not voluntarily participate in
the violent conduct.

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�302A-B
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Physical violence incidents; report.
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(a)
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Each public school shall report to the
department any incident involving physical violence, including fighting or
facilitation of physical violence, no later than five school days after the
incident.

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(b)
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Reports required under this section shall
include, at a minimum:

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(1)
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The date and location of the incident;

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(2)
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The grade levels involved;

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(3)
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The number of students involved;

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(4)
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The role of each student involved, including
primary aggressor, secondary aggressor, facilitator, victim, or passive
bystander;

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(5)
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The disciplinary response imposed for each
student involved, including whether the discipline was in-school or
out-of-school; and

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(6)
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Whether counseling, behavioral intervention,
or restorative services were required or provided.

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(c)
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Reports
submitted pursuant to this section shall be
made publicly available on the
department's website
; provided that
such information shall not include personally identifiable student information
and shall comply with all applicable state and federal student privacy laws.

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�302A-C
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Physical violence incidents; data collection;
monitoring; analysis.
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(a)
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The department shall collect and maintain data
on incidents reported pursuant to section 302A-B for the purpose of monitoring
trends, identifying areas of concern, and informing policy, training, and
prevention strategies.

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(b)
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The department shall, at a minimum, compile
incident data by:

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(1)
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School;

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(2)
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Complex area;

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(3)
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Grade level;

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(4)
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Type of misconduct;

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(5)
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Role classification; and

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(6)
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Type of disciplinary response.

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(c)
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The
department shall use the data collected to assess:

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(1)
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The frequency and severity of physical
violence incidents;

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(2)
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The use of in-school versus out-of-school
suspension;

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(3)
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The prevalence of repeat offenses;

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(4)
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Access to and completion of counseling or
behavioral interventions; and

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(5)
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The need for additional resources to protect
the safety and security of students.

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�302A-D
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Annual report.
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(a)
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No later than December 31 of each year, the
department shall submit a report to the legislature summarizing data collected
pursuant to this subpart.

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(b)
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The annual report shall include:

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(1)
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The total number of reported physical violence
incidents statewide;

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(2)
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A breakdown of incidents by school and complex
area;

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(3)
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The roles of students involved;

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(4)
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The disciplinary actions imposed, including
the proportion of in-school and out-of-school suspensions;

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(5)
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Information on repeat incidents; and

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(6)
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A summary of prevention and intervention
efforts implemented by the department.

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(c)
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All reports published pursuant to this section
shall be aggregated and anonymized to protect student privacy.

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�302A-E
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Rules.
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The department shall adopt or amend rules, policies, and procedures
pursuant to chapter 91 necessary to implement the purposes of this
subpart."

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SECTION 3.
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In codifying the new sections added by
section 2 of this Act, the revisor of statutes shall substitute appropriate
section numbers for the letters used in designating the new sections in this
Act.

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SECTION 4.
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This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________

Report Title:

Department
of Education; Student Misconduct; Data Collection; Analysis; Report

Description:

Requires
public schools to report to the Department of Education any incident involving
physical violence.
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Requires the
Department of Education to collect and maintain data on incidents involving
physical violence at public schools and make such data publicly available.
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Requires annual reports to the Legislature.

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