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HB730
HOUSE OF REPRESENTATIVES
H.B. NO.
730
THIRTY-THIRD LEGISLATURE, 2025
STATE OF HAWAII
A BILL FOR AN ACT
rELATING
TO EDUCATION
.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1.
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The legislature finds that complying with and
upholding state and federal civil rights laws is an important responsibility of
the department of education.
The legislature further
finds that following the December 6, 2018, federal lawsuit filed against the
department of education and the Oahu Interscholastic Association involving
Campbell high school, the civil rights compliance branch of the department of
education received temporary funding to hire a Title IX specialist for gender equity
in athletics.
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While the incumbent Title
IX specialist for gender equity in athletics has already made a statewide
impact with the addition of flag football for female athletes, meeting with athletic
leagues statewide, garnering support from various stakeholders in the community,
and playing a pivotal role in implementing the department of education's gender
equity plan statewide, this position is temporary.
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Furthermore,
the legislature finds that additional staff and funding are needed for the
department of education to better comply with and uphold state and federal
civil rights laws.
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Accordingly,
the purpose of this Act is to establish and appropriate funds for five
full-time equivalent (5.0 FTE) positions within the civil rights compliance
branch of the department of education.
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SECTION
2.
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(a)
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There is established within the civil compliance branch of the department
of education, five full-time equivalent (5.0 FTE) positions, as follows:
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(1)
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One full-time equivalent (1.0 FTE) civil rights
compliance specialist II (Title IX - gender equity in athletics) whose duties
shall include but not be limited to:
(A)
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Reviewing athletic programs statewide;
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(B)
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Developing and recommending administrative
policies and guidelines to achieve compliance with Title IX and
nondiscrimination on the basis of sex in education programs and activities,
specifically with regard to gender equity in athletics;
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(C)
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Providing guidance and instructions to remedy,
achieve, and maintain compliance and non-discriminatory practices on the basis
of sex in athletic programs and activities;
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(D)
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Providing technical assistance, information,
and guidance to department of education supervisors, including principals, vice
principals, and athletic directors; staff; students; parents; and the general
public as it pertains to gender equity issues in athletics;
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(E)
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Providing training to equity specialists,
athletic directors, coaches, community members and others who may have a
legitimate interest in gender equity within the department of education;
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(F)
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Preparing the department of education's
official response to state and federal enforcement agencies concerning
potential or alleged civil rights violations as they relate to gender equity in
athletics; and
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(G)
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Conducting a full range of investigations
involving issues related with alleged violations of Title IX policies and
procedures as they pertain to gender equity in education programs and services
within the department of education; and
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(2)
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Four full-time equivalent (4.0 FTE) equity
specialists II, to serve statewide and be assigned wherever the needs of the
department of education are most pressing at any given time, and whose duties
shall include but not be limited to:
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(A)
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Acting as the Title IX coordinator for a
complex area and accepting complaints relating to discrimination or harassment
based on sex or gender;
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(B)
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Assuring compliance with Title IX throughout a
complex area and providing guidance to each school's administration relating to
compliance under Title IX and any related department of education policies;
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(C)
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Conducting a full range of investigations
involving issues dealing with possible violations of civil rights laws,
policies, and procedures, including Title VI, Title VII, and Title IX, of the
Americans with Disabilities Act, as amended, and Section 504 of the
Rehabilitation Act of 1973, as amended;
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(D)
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Acting as the language access coordinator for a
complex area and assuring compliance with Title VI of the Americans with
Disabilities Act, as amended, throughout the complex area, which includes
providing guidance to each school's administration relating to compliance under
Title VI of the Americans with Disabilities Act, as amended, and any related
department of education policies;
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(E)
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Acting as the reasonable accommodation
coordinator for a complex area and working with schools and employees to
determine reasonable accommodations for employees with disabilities;
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(F)
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Providing guidance to each school's
administration relating to compliance under the Americans with Disabilities
Act, as amended, and any related department of education policies; and
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(G)
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Ensuring that proper technical assistance,
coordination, and support is provided to complex area supervisors, principals,
vice principals, office staff, career and technical education specialists, and
teachers.
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(b)
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For purposes of this section, "Title IX"
means Public Law 92-318, Title IX of the federal Education Amendments of 1972,
as amended.
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SECTION 3.
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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 2025-2026 and the same sum or so
much thereof as may be necessary for fiscal year 2026-2027 for the civil rights
compliance branch of the department of education to employ five full-time
equivalent (5.0 FTE) equity specialists as provided in section 2 of this Act.
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The sums
appropriated shall be expended by the
department of education for the purposes of this Act.
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SECTION 4.
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This Act shall take effect on July 1, 2025.
INTRODUCED BY:
_____________________________
Report Title:
Department
of Education; Civil Rights Compliance; Equity Specialists; Appropriation
Description:
Establishes,
and appropriates funds for, five full-time equivalent (5.0 FTE) positions within
the Civil Rights Compliance Branch of the Department of Education.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.