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GM 1228

Informing the Legislature that on June 24, 2026, the Governor signed the following bill into law: HB2293 HD2 SD1 CD1 (ACT 127).

2026 Regular Session

Hawaii narrows the Harm to Students Registry to include only individuals who interact with students (including certain contractors/volunteers) and excludes K–12 students.

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Bill Summary · GM 1228

Overview

  • Jurisdiction: Hawaii
  • Session: 2026
  • Bill: HB 2293, HD 2, SD 1, CD 1
  • Act: Acts signed into law as ACT 127 on June 24, 2026
  • Title: Relating to the Harm to Students Registry

This summary explains the bill’s purpose, key provisions, who is affected, and notable procedural/timeline aspects.

Purpose and Intent

  • Clarify and narrow the scope of Hawaii’s Harm to Students Registry.
  • Align registry coverage with Act 156, Session Laws of 2024, by specifying which individuals (notably including contractors and volunteers) are covered only if their roles involve interaction with students.
  • Exclude K–12 students from being listed in the registry.
  • Reduce administrative complexity while preserving student safety.

Key Provisions and Changes

  • Creation and content of the Harm to Students Registry:

    • The registry is a database maintained by the Department of Education (DOE) of employees found to have inflicted harm on a student.
    • Required registry details for each listed employee:
    • Full legal name (and any prior names)
    • Date of birth
    • Photograph
    • Last known address
    • Name of the reporting institution

  • Coverage and definitions:

    • An “employee” includes current or former employees, and, if applicable, contractors or volunteers for an institution who perform any role involving interaction with a student.
    • “Inflicted harm on a student” encompasses a range of non-physical and physical harms, including sexual acts or exploitation, abuse, inappropriate conduct, and acts of violence resulting in serious bodily injury.
    • “Investigation” guidance defines the process by which a final finding of harm is reached.

  • Due process and reporting requirements:

    • Institutions must certify to the DOE that appropriate due process occurred before transmitting an employee’s information to the registry.
    • Certifications must include evidence of a final finding and the date of that finding, regardless of employment status changes (e.g., termination, resignation).

  • Investigation standards and protections:

    • Investigations must involve a non-conflicted investigator, allow parties to provide information, offer representation if required by law or a collective bargaining agreement, consider all information, and produce reasoned findings by a preponderance of the evidence.

  • Due process for the employee:

    • The reporting institution must certify that the employee received prior written notice, had an opportunity to appeal, and that the employee either waived or lost the appeal.

  • Access and confidentiality:

    • The harm to students registry is accessible to all institutions within the State.
    • The registry is exempt from disclosure under Hawaii’s sunshine/privacy provisions (chapter 92F).

  • Consent, removal, and correction:

    • A person listed may request removal if information proves the person did not inflict harm; the department will remove the name upon certified removal request.
    • Institutions certifying inclusion or removal, or denying removal, must defend and indemnify the department against related liability.

  • Employment and volunteer screening:

    • The DOE must consult the registry when evaluating candidates for employment or volunteers who would interact with students.
    • If listed, the candidate cannot be hired or allowed to volunteer in roles involving interaction with students.

  • Interagency and reciprocal sharing:

    • Institutions may share information about ongoing or past investigations with other institutions.

  • Interactions with other statutes:

    • The act cross-references and aligns with other statutory sections (e.g., sections 302A-1006, 302C-2, 302D-33.5, 302L-11) to harmonize definitions and processes.

Who Is Affected

  • Public and private educational institutions in Hawaii that serve K–12 and early learning programs.
  • DOE and its employee-finding processes.
  • Contractors and volunteers whose roles involve interaction with students.
  • Job applicants and volunteers seeking positions involving student interaction.
  • Students and their families, whose safety and reporting processes are affected by registry actions.

Procedural and Timeline Aspects

  • Effective Date: The act takes effect upon approval (June 24, 2026).
  • Final Certification and Reporting: Institutions must certify due process and final findings before transmitting information to the DOE.
  • Ongoing Access: The registry is accessible to all state educational institutions for screening and safety purposes.
  • Appeals: Employees have a right to appeal decisions as part of the due process certification.

Bottom Line

HB 2293, HD 2, SD 1, CD 1 clarifies and narrows the Harm to Students Registry to focus on individuals whose roles involve direct interaction with students, including contractors and volunteers, while excluding K–12 students from inclusion. It sets robust due process and transparency requirements, ensures inter-institutional communication, and strengthens safeguards to maintain a safe educational environment. The act became law as ACT 127 on June 24, 2026.

Compiled from official sources — confirm details with the bill’s official record.

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