Proposed student code changes to go to public hearing

The state Board of Education unanimously voted Thursday to send proposed updates to its student misconduct and discipline code, known as Chapter 19, out for a public hearing.

One revision would make bullying/harassment and cyberbullying for intermediate and high school students a Class A offense — the most serious category of prohibited conduct that also includes assault, fighting and possession or use of dangerous weapons. Those are currently Class B offenses for all students.

The definition of bullying would be combined with harassment and revised to mean any student-to-student written, verbal, graphic or physical act that hurts, harms, or humiliates another student physically or emotionally, and is sufficiently severe, persistent or pervasive or creates an intimidating, threatening, or abusive educational environment for the other student.

Protected classes, as defined in the proposed revisions, include race, color, religion, gender, sexual orientation, gender identity, gender expression, age, national origin, ancestry, disability, physical appearance and characteristics, and socio-economic status. The rules are being updated in part to satisfy requirements of a resolution agreement reached late last year between DOE and the U.S. Department of Education’s Office for Civil Rights. The federal department in 2011 initiated a compliance review of DOE’s policies related to bullying and harassment based on race, sex and disability. There was no complaint that initiated the review.

The Department also is proposing to repeal Hawaii Administrative Rules Chapter 41 and replace it with a new section titled Chapter 89 Civil Rights Policy and Complaint Procedures for Student(s) Complaints against Adult(s).