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Board of Education members got their first look Thursday at stronger regulations against bullying and harassment in Hawaii’s public schools but decided they need more work before going out to public hearing. Read more

Board of Education members got their first look Thursday at stronger regulations against bullying and harassment in Hawaii’s public schools but decided they need more work before going out to public hearing.

At the recommendation of board member Bruce Voss, committee members asked the Department of Education to incorporate suggestions from advocates for special education and LGBTQ students and present a new draft at the board’s October general meeting.

“Kids with disabilities are bullied two to three times more than other students on campus,” Susan Rocco, who staffs the Special Education Advisory Council, told a joint meeting of the Finance &Infrastructure and Student Achievement committees. “We feel they are a vulnerable group.”

The council wants the regulations to spell out timelines for parental notification of investigations, for example, rather than using a phrase like “as soon as possible.”

The overhaul of regulations comes as part of an agreement the department signed in December with the U.S. Office of Civil Rights after the federal office spent several years conducting a compliance review. The proposed rules incorporate a dozen items required in that agreement to protect students, including:

>> Establishing a clear complaint process for students.

>> Conducting reliable and impartial investigations.

>> Giving both complainant and alleged perpetrator a chance to provide witnesses and evidence.

>> Protecting victims from further harassment during the investigation.

>> Informing both sides of the outcome of the investigation.

>> Prohibiting retaliation.

The hot-button issue has been stalled f or several years during the federal compliance review, and Superintendent Christina Kishimoto urged the board not to delay much longer.

“There is a lot of interest in the community for this board to take action and get this done,” she said, adding that new guidance and standards are “extremely important.”

Last week a lawsuit was filed in U.S. District Court by the parents of students at three public schools alleging that they were bullied relentlessly and suffered physical and emotional harm. It is seeking class- action status on behalf of thousands of students who have been victims of bullying or harassment.

At Thursday’s meeting a few board members suggested that bullying be elevated to the most serious level in the discipline code, a Class A offense, a category that now includes assault, possession of firearms and drugs. The discipline code ranges from Class A to Class D offenses, and bullying and cyberbullying are now in Class B.

“I believe we have zero tolerance for drugs and for weapons,” said board member Pat Bergin. “We should have zero tolerance for bullying of any kind. I would support moving the classification of bullying to a much higher level.”

Dr. Robert Bidwell, a pediatrician and adolescent medicine physician, said the department needs to identify and address the factors underlying bullying and harassment, and provide comprehensive, ongoing training to school personnel.

“The goal … should be to prevent harm in the first place, or to intervene immediately when the potential for harm first comes to the attention of school personnel,” he wrote in his testimony.

He and several others who submitted written comments said an option for “informal resolution” for complaints between a student and an adult should be deleted from the proposal because of the power imbalance between the two.

Others testifying called for expanding definitions of gender-based discrimination to reflect Hawaii state law, rather than the narrower U.S. Department of Education definitions.