Lawmakers send governor educator safety, other key education bills

A​ bill that will address the rising problem of educational employees facing harassment from parents and other members of the public passed both houses of the Hawai’i State Legislature Wednesday, along with a measure that will give emergency hire teachers more time to become licensed.

The bills approved by the House and Senate will be sent to Gov. Josh Green, who will decide whether to sign them into law, veto them or allow them to become law without his signature.

The educator safety proposal allows the state Attorney General to help educational employees who have been subjected to harassment or intentional bodily injury in obtaining a temporary restraining order (TRO).

Previously, the Hawaiʻi State Department of Education (HIDOE) has said employees needed to obtain that legal help on their own. The state AG’s office is currently developing a pilot program to help state agencies with TROs on behalf of their employees. The AG will identify private attorneys available to assist state employees with TROs and reimburse state agencies for these services.

The bill also requires schools to report and address harassment, and clarifies and elevates penalties for harassment and intentional bodily injury to educational employees.

A second related measure introduced by State Senate President Ron Kouchi also passed both chambers Wednesday that elevates the offense of harassment from a petty misdemeanor to a misdemeanor when committed against any public servant because of or during their performance of official duties. Misdemeanors carry more serious potential punishments of up to one year in jail and $2,000 in fines. Petty misdemeanors, the least serious criminal offense, carry penalties of up to 30 days in jail and $1,000 in fines.

In a brief floor speech before the House voted to approve the bill Wednesday afternoon, State House Education Chair Justin Woodson (D, Kahului, Puʻunēnē, Wailuku) said, “You cannot threaten a teacher. You cannot threaten their kids. You cannot say to a teacher, ‘We know where you live, or following your kids, and we’re watching you,’ and you certainly cannot strike, or otherwise cause bodily harm to our educators, or our sports officials. All of these things are happening now. It has to stop.”

“Education needs to be a safe place, not only for our kids, it needs to be a safe place for educators and for our sports officials,” Woodson added.

Earlier this spring, Inger Stonehill, a special education teacher at Pearl City High, told lawmakers in testimony, “I have been threatened, and it caused a significant impact on my life and my career as an educator. The fear did not end when the school day ended. It affected my mental health, my sense of safety, and my ability to fully serve my students.”

“No educator should be expected to sacrifice their well-being just to do their job. When harassment goes unanswered, educators burn out, leave the profession, and schools lose stability,” Stonehill said.

HSTA President Osa Tui, Jr. said, “We appreciate the advocates who have worked on this bill’s language for many years, and we find it important to note that this legislation provides clarity and accountability when harassment occurs and requires the State Department of Education to act.”

“When educators and staff face harassment or threats without clear protections or consistent response procedures, it affects not only employees but also students and school communities. By voting for this bill, lawmakers provided our school employees the support they need to do their jobs effectively,” Tui added.

Hope Pualani McKeen, who chairs HSTA’s Government Relations Committee, said, “Educators need to feel safe in their workplaces.”

The efforts to protect educators from harassment gained strong momentum following a December incident in which a parent angry about referees’ calls punched the associate athletic director at Moanalua High in the face following a pre-season basketball game. The assault was caught on surveillance video and generated heavy news coverage.

Sarah “Mili” Milanta-Laffin, HSTA’s teacher lobbyist, said, “Since COVID, we’ve had far more threats. We’ve had parents threatening us and wanting us to change their kid’s grades, if you don’t write recommendation letters, if you don’t respond to their emails after hours. There’s these high demands and the harassment can continue because now in a digital world, they can, you know, they can text your Google voice number, they can email you at all hours. That accessibility becomes so consistent, and teachers need to know that they have protections, and that they don’t have to stand for that kind of harassment, and that doesn’t make them a bad teacher.”

“As a professional, you need to be protected, and your employer needs to make sure that these protections are upheld,” added Milianta-Laffin, who teaches computer science, science, technology, engineering and math (STEM) as well as speech and debate at ʻIlima Intermediate on Oʻahu.

Lawmakers advance more time for unlicensed teachers to obtain their licenses

Lawmakers also approved a proposal to increase the time unlicensed teachers can teach on an emergency basis from the current three-year limit to five years. It requires unlicensed teachers hired on an emergency basis to make continuous, verifiable progress toward meeting licensing requirements.

The effort modernizes the licensing time limits that haven’t changed in decades. Most education programs do not offer a flexible calendar. Often, because of Hawaiʻi’s high cost of living, teachers are working two to three jobs while trying to become a teacher. And as a result, they’re not able to spend the time to get their license in a three-year time span.

“There are requirements of student teaching. The requirements of whatever program that they’re doing, getting a license, and getting put into a school, that doesn’t always fit into a three-year package. Sometimes it takes longer, and folks need more time, and if people are willing to be in our classrooms, if we’re going to fight the teacher shortage, we need to support that,” said Milanta-Laffin, HSTA’s teacher lobbyist.

“The licensing program was created for you to go to college at 21 years old, get out, and decide to be a teacher. But there are folks who come to wanting to be a teacher later in life, who are already committed to the community.We want people in the community to stay in the community to fight that teacher shortage crisis,” added Milianta-Laffin.

“We have to be able to facilitate them to do that. And I think this bill is a step in that direction, to make sure they have the time to get their licenses correct,” she said.

The new five-year time limit mimics special permits that are already available for Hawaiian immersion teachers, giving them more time to earn their teaching licenses.

McKeen, HSTA’s Government Relations Committee chair, said, “Most of our teachers are parents. So they can’t afford not to work. So, having that permit and the extra time are super important for getting certified as a kumu (teacher).”

“Most of them are already working full-time as emergency hires. So extending the time really does help, just across the board,” said McKeen, who is a kaiapuni (Hawaiian immersion) resource teacher in the Kaʻū-Keaʻau-Pāhoa Complex Area on Hawaiʻi Island.

“We want people in our communities to stay and become educators in our communities. Because they know our kids best,” McKeen said.

HTSB director would have to be approved by the State Senate

Legislators also voted in favor of a bill that amends the appointment process for the executive director of the Hawaiʻi Teacher Standards Board (HTSB). It requires the HTSB to submit three nominees to the Board of Education, which then appoints the director with Senate confirmation. The bill aims to increase collaboration in the selection process, rather than just approving or disapproving a single nominee, which is the current procedure.

Tui, president of the teachers’ union, said, “This measure ensures that HTSB’s executive director is thoroughly reviewed by the Hawaiʻi State Senate through the advice-and-consent process. We believe this additional layer of scrutiny is vital to ensure that the individual leading this influential body is properly suited for the responsibilities of the job.”

By requiring a list of three nominees and involving both the Board of Education and the State Senate, the proposal promotes transparency and accountability, Tui added.

State Rep. Trish La Chica (D, Mililani Town, Mililani Mauka, Koa Ridge, Waipio Gentry), who is vice chair of the House Education Committee, spoke in support of the measure on the House floor Wednesday.

“Advice and consent is really used for positions that carry a large responsibility for policy implications for the state and regulatory implications. I do believe that it is important, and it is a matter of statewide importance that we take a look at this and use this as a similar function as we look at all state leadership positions that carry a huge amount of influence as to what happens to our teachers and the future of teaching here in our state,” La Chica said.

State Rep. Sean Quinlan (D, Waialua, Haleiwa, Sunset Beach, Lāʻie) said, “This is a very small change to the process, but one that can potentially hold great portent for the future of education in Hawaiʻi.”

The HTSB licenses and sets professional standards for educators in Hawaiʻi’s public and charter schools. The board is charged with ensuring that teachers are qualified, authorizing teacher preparation programs, and enforcing licensing for teachers, school counselors, and librarians to promote professionalism and student success.

Last month, the Hawaiʻi State Senate approved the nomination of HSTA Vice President Logan Okita, who teaches at Nimitz Elementary on Oʻahu, to the HTSB.

Dyslexia screening, braille instruction, blind student support bills also approved

Legislators also voted to approve the following school-related measures:

A bill that requires the HIDOE to implement dyslexia-sensitive, linguistically appropriate universal screenings and evidence-based interventions for students. The measure also calls for the department to offer professional development on structured literacy and evidence-based interventions, and support pre-teacher programs in training candidates about structured literacy instruction.

A proposal that requires the education department to include instruction in braille and the provision of braille instructional materials under certain circumstances; provide braille literacy support services; and cooperate with the state Department of Human Services when requested to submit information necessary to maintain a register of the blind in the state. The legislation also requires HIDOE to provide comprehensive information about braille literacy services, assistive technology devices, and assistive technology services, including educational programming options; and participate in the development of Section 504 plans and individualized education programs.

A bill that authorizes the schools superintendent to hire a new contractor if a contractor under a student transportation contract fails to provide service on a contracted service capacity or designated service segment for five or more consecutive instructional days. The proposal allows HIDOE to assess a penalty if a contractor fails to provide service on a designated service segment without an approved justification. It also authorizes the use of the School Bus Fare Revolving Fund to offset costs associated with procuring replacement services.

The bills now will be sent to the governor for his consideration. He must announce his intent to veto any bills by June 30, otherwise they become law by July 15 with or without his signature.