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Committee defers anti-bullying bill after AG and educators flag overlap with existing rules
Summary
HB1210, proposing additional anti-bullying procedures in DOE, was deferred after the attorney general and DOE noted Chapter 19 already contains definitions and complaint processes; advocates pressed for clearer transparency to families.
House Bill 1210, proposing statutory anti-bullying procedures for the Department of Education, was deferred Feb. 13 after the attorney general’s office and DOE testified the substance overlaps with existing Chapter 19 administrative rules.
Anne Horiuchi of the Department of the Attorney General told the committee the bill does not define "bullying" and may overlap with Chapter 19 of the Hawaii Administrative Rules, which already includes definitions and complaint procedures for discrimination, harassment and bullying. "If the bill is meant to apply specifically to students, there is currently a definition of bullying that's in chapter 19," Horiuchi said and recommended the bill include rulemaking authority if a new statutory section is added.
Educators and unions supported the goal of greater transparency for families. Sarah Milione (HSTA) said parents and teachers "agree that transparency is not always there in the bullying process" and urged consistent communication during investigations. Student- and disability-advocacy groups also testified: the State Council on Developmental Disabilities cited survey data finding higher bullying prevalence among students with intellectual or developmental disabilities and said many families do not know how to report incidents.
Witnesses recommended clearer, accessible procedures and more timely updates to families while acknowledging privacy constraints during investigations. The committee deferred HB1210 to allow reworking of statutory language and to avoid duplicating existing Chapter 19 procedures.
