RELATING TO THE SAFETY OF EDUCATIONAL WORKERS.

SB3179

THE SENATE

S.B. NO.

3179

THIRTY-THIRD LEGISLATURE, 2026

STATE OF HAWAII

A BILL FOR AN ACT

Relating
to the safety of educational workers
.

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

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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.

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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.

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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)
�
When any educational worker believes that the
educational worker is being subjected to harassment, as provided for in section
711-1106, the educational worker may inform the educational worker's immediate
supervisor, who shall take appropriate action using the procedures established
pursuant to subsection (c)(3), including but not limited to change of
workstation, development of a safety plan, mediation, administrative leave, or
other actions in alignment with collective bargaining agreements.

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(b)
�
An educational worker who
seeks judicial protection from harassment, as provided for in section 711-1106,
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 the educational worker shall provide documentation to the department
verifying the court‑related leave of absence; provided further that for
those employees included in bargaining units pursuant to section 89-6, the
leave of absence shall 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.

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(c)
�
The department shall:

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(1)
�
Conduct a formal internal investigation
of all incidents of harassment submitted to the department by an educational
worker pursuant to subsection (a); provided that for the purposes of this
paragraph, "formal internal investigation" does not include an
investigation conducted by a contracted third party;

����
(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 (a), where the
incident of harassment involves a potential threat of physical harm to the
educational worker or another person;

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(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
with current information related to harassment and safety in the department's
opening of the school year packet that is provided to all department employees
annually; and

���������
(B)
�
The procedures shall be posted on
the department's website with current information regarding procedures for
employee safety;

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(4)
�
Develop a written emergency safety
plan for aiding educational workers who may experience 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;
provided further that plans shall include procedures developed pursuant to
paragraph (3) and subsection (a)
;

����
(5)
�
Assist educational workers with any
legal actions that may arise from harassment, as provided for in section
711-1106, 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 attorneys' fees or court costs; and

����
(6)
�
Ensure implementation of annual
training for all educational workers on how to handle harassment situations and
the use of de-escalation techniques; provided that this training may be
included in the annual safety training provided by the department for all
employees.

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(d)
�
For the purposes of this section,
"educational worker" means any administrator, specialist, counselor,
teacher, or employee of 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)
�
When any educational worker
believes that the educational worker is being subjected to harassment, as
provided for in section 711-1106, the educational worker may inform the
educational worker's immediate supervisor, who shall take appropriate action
using the procedures established pursuant to subsection (c)(3), including but
not limited to change of workstation, development of a safety plan, mediation,
administrative leave, or other actions in alignment with collective bargaining
agreements.

����
(b)
�
An educational worker who
seeks judicial protection from harassment, as provided for in section 711-1106,
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 the educational worker shall provide documentation to the public charter
school verifying the court-related leave of absence; provided further that for
those employees included in bargaining units pursuant to section 89-6, the
leave of absence shall 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.

����
(c)
�
A public charter school shall:

����
(1)
�
Conduct a formal internal
investigation of all incidents of harassment submitted to the public charter
school by an educational worker pursuant to subsection (a); provided that for
the purposes of this paragraph, "formal internal investigation" does
not include an investigation conducted by a contracted third party;

����
(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 (a),
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 may experience 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; provided further that plans shall include procedures developed pursuant
to paragraph (3) and subsection (a)
;

����
(5)
�
Assist educational workers with any
legal actions that may arise from harassment, as provided for in section
711-1106, 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 attorneys' fees or court costs; and

����
(6)
�
Ensure implementation of annual
training for all educational workers on how to handle harassment situations and
the use of de-escalation techniques.

����
(d)
�
For the purposes of this section, "educational
worker" means any administrator, specialist, counselor, teacher, or
employee of 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.
"

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SECTION
4.
�
New statutory material is
underscored.

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

INTRODUCED BY:

_____________________________

Report Title:

DOE;
Public Charter Schools; Educational Workers; Protection and Workplace Safety;
Harassment

Description:

Requires
the Department of Education and public charter schools to take certain steps to
report incidents of harassment and implement procedures for handling harassment
of educational workers.

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