Investigation of misconduct; reporting to the department of education; harm to students registry; due process; indemnity
HRS §302D-33.5
in effect302D-33.5. Investigation of misconduct; reporting to the department of education; harm to students registry; due process; indemnity
(a) Pursuant to the requirements of section 302A-1006, each public charter school shall certify to the department any final finding resulting from the public charter school's investigation that an employee inflicted harm on a student, notwithstanding whether the employee was terminated, retired, resigned, or was banned from the school pending completion of the investigation. Each public charter school shall complete an investigation without regard to the status of employment of the employee under investigation or the status of the employee's future involvement with the institution.
(b) The reporting public charter school shall
certify, before transmitting the employee's name and other information to the
department, that:
(1) The employee whose name and information are
transmitted to the department for inclusion on the harm to students registry
was given prior written notice of the public charter school's decision to
transmit the employee's name and information for this purpose;
(2) The employee was given the opportunity to appeal
the decision; and
(3) The employee either waived the right to appeal or
lost the appeal.
The department shall rely on the certification
of the public charter school that the employee was provided due process in
accordance with this section.
(c) Each public charter school shall consult
the harm to students registry to determine whether a candidate for employment
at the school is listed on the registry.
(d) Each public charter school shall consult
the harm to students registry before authorizing a volunteer's assistance in a
role that involves the volunteer's interaction with, or close proximity to, a
student or students.
(e) If a candidate for employment or a
potential volunteer's name is listed on the harm to students registry, the
public charter school shall cease to consider the candidate for employment or
shall prohibit the volunteer's assistance in a role that involves interaction
with, or close proximity to, a student or students.
(f) Each public charter school, when requested
by another institution, shall share with that institution the existence of any
employee investigation that includes allegations of infliction of harm to a
student, including ongoing investigations.
(g) A public charter school that provides
information or an opinion about an employee's job performance to a prospective
employing institution shall be presumed to be acting in good faith and shall
have qualified immunity from civil or criminal liability for disclosing the
information and for the consequences of the disclosure.
(h) The good faith presumption under
subsection (g) shall be rebuttable upon a showing, by a preponderance of the
evidence, that the information or opinion disclosed was:
(1) Knowingly false; or
(2) Knowingly misleading.
(i) Nothing in subsections (g) and (h) shall
affect the rights, obligations, remedies, liabilities, or standards of proof
under chapters 89, 92F, 368, and 378.
(j) A person whose name is listed on the harm
to students registry may request the reporting public charter school to submit
a certified request to the department to remove the person's name from the
registry if new information is discovered that proves that the person has not
inflicted harm on a student such that the person's name does not belong on the
registry.
(k) A public charter school certifying the
inclusion of an employee on or removal of an employee from the harm to students
registry, or refusing to certify the removal of an employee from the harm to
students registry, shall defend and indemnify the department from any liability
resulting from any claim or cause of action relating to the employee's
inclusion on or removal from the registry, or relating to the public charter
school's refusal to certify the removal of the employee from the registry.
(l) As used in this section:
"Department" means department of
education.
"Employee" has the same meaning as
defined in section 302A-1006(q).
"Final finding" has the same meaning
as defined in section 302A-1006(q).
"Harm to students registry" or
"registry" has the same meaning as defined in section 302A-1006(q).
"Inflicted harm on a student" or
"infliction of harm on a student" has the same meaning as defined in
section 302A-1006(q).
"Institution" has the same meaning as
defined in section 302A-1006(q).
"Investigation" has the same meaning
as defined in section 302A-1006(q).
[L 2024, c 156, §4]
Source: Hawaii State Legislature (capitol.hawaii.gov), via Internet Archive capturesURL: http://www.capitol.hawaii.gov/hrscurrent/Vol05_Ch0261-0319/HRS0302D/HRS_0302D-0033_0005.htmFetched: 11/10/2026