Bill Text: HI HR142 | 2014 | Regular Session | Introduced

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Bill Title: Task Force to Address the Issue of Bullying in Schools

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2014-03-12 - Referred to EDN, FIN, referral sheet 33 [HR142 Detail]

Download: Hawaii-2014-HR142-Introduced.html

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HOUSE OF REPRESENTATIVES	H.R. NO.	142
TWENTY-SEVENTH LEGISLATURE, 2014
STATE OF HAWAII

HOUSE RESOLUTION

 

 

requesting the superintendent of education to convene a task force to address the issue of bullying in schools.

 

 

 

     WHEREAS, a safe and civil environment in school is necessary for students to learn and to meet high academic standards; and

 

     WHEREAS, all students have the right to participate fully in the education process, free from bullying; and

 

     WHEREAS, bullying does not occur just at schools, and its effects can reverberate throughout a community; and

 

     WHEREAS, bullying is not simply a harmless rite of passage or an inevitable part of growing up but can have very destructive consequences; and

 

     WHEREAS, bullying has been defined as any unwanted aggressive behavior by another youth or youths, who are not siblings or current dating partners of the victim, that involves an observed or perceived power imbalance and is repeated multiple times or is highly likely to be repeated; and

 

     WHEREAS, bullying fosters a climate of fear and disrespect that can seriously impair the physical and psychological health of its victims; and

 

     WHEREAS, bullying may inflict harm or distress on the targeted youth, including physical, psychological, social, or educational harm; and

 

     WHEREAS, recent statistics indicate that a third of middle-school and high-school students have reported being bullied during the school year, and almost 3,000,000 students have reported being pushed, shoved, tripped, or even spat on; and
     WHEREAS, bullying, like other disruptive or violent behaviors, disrupts a student's ability to learn and a school's ability to educate its students in a safe environment; and

 

     WHEREAS, establishing clear and consistent policies in schools is key to creating a climate in which it is clear that no bullying, regardless of form, type, or severity, will be tolerated in schools; and

 

     WHEREAS, preventive education and supportive school structures are important elements in reducing bullying in schools; and

 

     WHEREAS, some student misconduct that falls under a school's anti-bullying policy may also trigger responsibilities under one or more of the federal anti-discrimination laws enforced by the United States Department of Education's Office for Civil Rights; and

 

     WHEREAS, the statutes that the Office for Civil Rights enforces include:

 

     (1)  Title VI of the Civil Rights Act of 1964, which prohibits discrimination on the basis of race, color, or national origin;

 

     (2)  Title IX of the Education Amendments of 1972, which prohibits discrimination on the basis of sex;

 

     (3)  Section 504 of the Rehabilitation Act of 1973; and

 

     (4)  Title II of the Americans with Disabilities Act of 1990; and

 

     WHEREAS, the first Federal Partners in Bullying Prevention Summit, hosted in August 2010 by the United States Department of Education and other federal agencies, brought together government officials, policymakers, researchers, and education practitioners to explore strategies to combat bullying in schools and exposed an information gap regarding anti-bullying laws and policies across the nation; and
     WHEREAS, to address this information gap and respond to requests for technical assistance, the United States Department of Education composed Anti-Bullying Policies: Examples of Provisions in State Laws, a guidance document outlining common key components of state anti-bullying laws; and

 

     WHEREAS, the United States Department of Education released on December 6, 2011, Analysis of State Bullying Laws and Policies, a report summarizing current approaches in the 46 states with anti-bullying laws and the 41 states that have created anti-bullying policies as models for schools; and

 

     WHEREAS, the administrative rules of the Hawaii Department of Education require any teacher, official, or other employee of the Department who is a witness to school bullying, or who has reasonable cause to believe that school bullying has been committed or will be committed, against a student, teacher, official, or other employee of the Department, or involving school property, must promptly report the incident to the principal or the principal's designee; and

 

     WHEREAS, Act 214, Session Laws of Hawaii 2011, requires the Board of Education to oversee the Department of Education's compliance with administrative rules and statutes regarding bullying, including required reporting procedures; and

 

     WHEREAS, despite the efforts of the Department of Education, studies indicate that bullying continues to be a problem in Hawaii's public schools and that children with disabilities are two to three times more likely to be victims of bullying than their non-disabled peers; and

 

     WHEREAS, the bullying of disabled students raises the specter of renewed federal court intervention in the administration of Hawaii's public schools, similar to what took place during the 1990s; and

 

     WHEREAS, because students learn by example, school administrators, faculty, staff, and volunteers should be expected to demonstrate appropriate behavior, treat others with civility and respect, and refuse to tolerate bullying; now, therefore,

 

     BE IT RESOLVED by the House of Representatives of the Twenty-seventh Legislature of the State of Hawaii, Regular Session of 2014, that the Superintendent of Education is requested to convene a task force to address the issue of bullying in schools; and

 

     BE IT FURTHER RESOLVED that the Superintendent of Education is requested to serve as the chairperson of the task force; and

 

     BE IT FURTHER RESOLVED that the Superintendent of Education is requested to invite the following persons to serve as members on the task force:

 

     (1)  The Attorney General, or the Attorney General's designee;

 

     (2)  A member of the House of Representatives, to be appointed by the Speaker of the House of Representatives;

 

     (3)  A member of the Senate, to be appointed by the President of the Senate;

 

     (4)  A licensed attorney, to be appointed by the President of the Hawaii State Bar Association;

 

     (5)  Two public school teachers, to be appointed by the President of the Hawaii State Teachers Association;

 

     (6)  Two parents of public school students, to be appointed by the Superintendent of Education; and

 

     (7)  Other interested persons, to be appointed by the Superintendent of Education; and

 

     BE IT FURTHER RESOLVED that the Department of Education is requested to submit a report of its findings and recommendations, including any proposed legislation, to the Legislature no later than 20 days prior to the convening of the Regular Session of 2015; and

 

     BE IT FURTHER RESOLVED that the Legislative Reference Bureau is requested to assist the task force in finalizing its report and any proposed legislation to implement the task force's recommendations; provided that the task force is requested to submit a draft of its report and any proposed legislation to the Bureau no later than November 1, 2014; and

 

     BE IT FURTHER RESOLVED that certified copies of this Resolution be transmitted to the Chairperson of the Board of Education, Superintendent of Education, Attorney General, President of the Hawaii State Bar Association, President of the Hawaii State Teachers Association, and Acting Director of the Legislative Reference Bureau.

 

 

 

	OFFERED BY:	_____________________________

Report Title: 

Task Force to Address the Issue of Bullying in Schools