Bill Text: HI SCR200 | 2024 | Regular Session | Introduced

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Bill Title: Declaring That Bullying Is A Matter Of Statewide Concern; Requesting The Department Of Education To Update Its Rules And Policies To Address Bullying; And Requesting The Hawaii State Council On Developmental Disabilities To Convene A Task Force To Address The Bullying Of Disabled Children.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-03-14 - Referred to EDU/HHS. [SCR200 Detail]

Download: Hawaii-2024-SCR200-Introduced.html

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THE SENATE	S.C.R. NO.	200
THIRTY-SECOND LEGISLATURE, 2024
STATE OF HAWAII

SENATE CONCURRENT

RESOLUTION

 

 

Declaring that Bullying is a Matter of Statewide Concern; Requesting the Department of Education to Update its rules and Policies to Address Bullying; and Requesting the Hawaii State Council on Developmental Disabilities to convene a task force to address the bullying of disabled children.

 

 

     WHEREAS, the Centers for Disease Control and Prevention has declared bullying to be a form of youth violence and an adverse childhood experience that causes harm to its victims; and

 

     WHEREAS, the United States Department of Health and Human Services has noted that children who are bullied:

 

     (1)  Can experience negative physical, social, emotional, academic, and mental health issues; and

 

     (2)  Are more likely to experience depression and anxiety, feelings of sadness and loneliness, changes in sleep and eating patterns, loss of interest in activities that they used to enjoy, health issues, and decreased academic achievement; and

 

     WHEREAS, several federal laws were enacted to protect youth with disabilities, including:

 

     (1)  The Individuals with Disabilities Education Act of 2004, which ensures that eligible children with disabilities are provided with a free, appropriate public education;

 

     (2)  Section 504 of the Rehabilitation Act of 1973, which contains provisions that prohibit individuals with disabilities from being excluded from participation in, being denied the benefits of, or being subjected to discrimination under any program or activity receiving federal financial assistance; and

 

     (3)  Title II of the Americans with Disabilities Act, which extends protection against discrimination to state and local government services, programs, and activities, including public schools, regardless of whether the services, programs, and activities receive federal financial assistance; and

 

     WHEREAS, when disabled children are bullied at public schools, these laws require the school to take certain actions; and

 

     WHEREAS, the state Department of Education is committed to providing a safe learning environment for students, families, and educators; and

 

     WHEREAS, as part of this commitment, the Department of Education addresses bullying, including cyberbullying, by emphasizing a culture of respect, responsibility, and resiliency using a framework of prevention, response, and reporting; and

 

     WHEREAS, the Department of Education and Board of Education work with communities to promote understanding and investigate incidents to ensure the safety of students; and

 

     WHEREAS, the City and County of Honolulu has also enacted ordinances to prevent bullying and create a safe, protected environment for youth participating in county programming; and

 

     WHEREAS, community-wide strategies can help identify and support children who are bullied; redirect the behavior of children who bully; and modify the attitudes of adults and youth who tolerate bullying behaviors; and

 

     WHEREAS, additional support must be given to victims and bullies to address conditions that have contributed to bullying and prevent bullying from happening; and

 

     WHEREAS, counseling, mental health resources, and social‑emotional learning are effective strategies to support children, parents, staff, teachers, and principals; and

 

     WHEREAS, bullying can also be prevented by addressing health, stress, abuse, domestic violence, gang activity, issues at home, and social-emotional and behavioral health issues; now, therefore,

 

     BE IT RESOLVED by the Senate of the Thirty-second Legislature of the State of Hawaii, Regular Session of 2024, the House of Representatives concurring, that bullying in Hawaii is declared to be a matter of statewide concern; and

 

     BE IT FURTHER RESOLVED that the Department of Education is requested to update Chapter 19 of Title 8, Hawaii Administrative Rules, and any related policies, to better support youth, especially disabled youth, who are subjected to bullying; and

 

     BE IT FURTHER RESOLVED that the Department of Education is requested to ensure that the updated administrative rules and policies be synchronized across all schools, to the fullest extent possible; and

 

     BE IT FURTHER RESOLVED that the Hawaii State Council on Developmental Disabilities is requested to convene a task force to examine and make recommendations to address:

 

     (1)  A no-tolerance policy for all forms of bullying, including physical, psychological, mental, emotional, social, and cyber bullying;

 

     (2)  Mandatory training for staff regarding the bullying of disabled children, including how to identify bullying or other aggressive behavior against disabled children and how to appropriately respond to that behavior;

 

     (3)  Updated reporting procedures;

 

     (4)  Updated staff intervention policies;

 

     (5)  Protections for victims, families, and staff against retaliation;

 

     (6)  Programs to improve bullying education and awareness;

 

     (7)  Programs to improve mental health resources;

 

     (8)  Mandatory training that integrates social-emotional learning and trauma-informed care strategies;

 

     (9)  The development of an annual systematic internal review of reports on bullying incidents that involve disabled children in state programs that work with children, to improve policies and procedures; provided that the plan includes safeguards that address privacy concerns and prevent violations of privacy laws;

 

    (10)  A plan to provide intensive counseling and disciplinary actions for violators;

 

    (11)  Initiatives to protect disabled students, including identifying projects and initiatives to provide peer‑to-peer support; and

 

    (12)  Enhanced policies to stop the bullying of disabled children and youth throughout the State; and

 

     BE IT FURTHER RESOLVED that the task force is requested to consider that students who have committed acts of bullying, cyberbullying, or harassment be given non-punitive disciplinary actions that are meant to address the root causes of bullying, including:

 

     (1)  Meeting with students' parents;

 

     (2)  Reflective writing;

 

     (3)  Counseling, including health counseling, mental health counseling, or other interventions; and

 

     (4)  Participation in skills building and resolution activities; and

 

     BE IT FURTHER RESOLVED that the Chairperson of the Hawaii State Council on Developmental Disabilities, or the Chairperson's designee, is requested to serve as chairperson of the task force; and

 

     BE IT FURTHER RESOLVED that the Hawaii State Council on Developmental Disabilities is requested to invite the following individuals or their designees to serve on the task force:

 

     (1)  The Director of the Governor's Office of Wellness and Resilience;

 

     (2)  The Lieutenant Governor;

 

     (3)  The Chairperson of the Board of Education;

 

     (4)  The Superintendent of Education;

 

     (5)  The Attorney General;

 

     (6)  The Assistant Secretary for Civil Rights of the United States Department of Education; and

 

     (7)  Any other representatives of relevant government agencies, programs, nonprofit organizations, and other entities; and

 

     BE IT FURTHER RESOLVED that the task force is requested to submit a report of its findings and recommendations, including any proposed legislation, no later than twenty days prior to the convening of the Regular Session of 2025; and

 

     BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Governor, Lieutenant Governor, Director of the Governor's Office of Wellness and Resilience, Chairperson of the Hawaii State Council on Developmental Disabilities, Attorney General, Assistant Secretary for Civil Rights of the United States Department of Education, and Superintendent of Education; and

 

     BE IT FURTHER RESOLVED that the Governor is requested to further transmit copies of this resolution to each state department, agency, program, or office that works with youth.

 

 

 

	OFFERED BY:	_____________________________

 

 

 

Report Title:

Bullying; Office of Wellness and Resilience; DOE; Hawaii State Council on Developmental Disabilities; Task Force