§8-89-1 - Policy and purpose.

§8-89-1 Policy and purpose.

         (a) The department is committed to making all schools, safe, inclusive, respectful, and supportive of all students by eliminating all discrimination, harassment, and bullying and providing a non-discriminatory learning environment that provides equal access to public education for all students and embraces the values of dignity and respect for one another.

         (b) This chapter establishes a procedure in the public school system for filing and resolving complaints of discrimination, harassment (including sexual harassment), and bullying against a student in any program, activity, or service of the department by employees, volunteers, or third parties on the basis of race, color, religion, sex, sexual orientation, gender identity, gender expression, age, national origin, ancestry, disability, physical appearance and characteristics, socio-economic status, and any retaliation for reporting such conduct. Any student, parent or legal guardian of any student, or employees or volunteers who witness or are otherwise aware of conduct prohibited by this chapter, may file complaints regarding an alleged violation under this chapter. For protected class complaints of student misconduct towards another student, refer to section 8-19-16.

         (c) The department shall take immediate and appropriate steps to stop discrimination, harassment (including sexual harassment), or bullying against a student to prevent recurrence and remedy discrimination effects on the complainant or others, if appropriate.

         (d) The department's Civil Rights Compliance Branch shall coordinate the implementation of this chapter. The Civil Rights Compliance Branch shall be responsible for monitoring complaints and conducting investigations of complaints filed under this chapter, disseminating appropriate information about discrimination, harassment (including sexual harassment), and bullying to department students, parents or legal guardians, employees, volunteers, and third parties, and providing training to department students, employees, volunteers, and third parties regarding their rights and responsibilities as it relates to discrimination, harassment (including sexual harassment), or bullying.

         (e) No person who is otherwise qualified shall be denied the opportunity to participate in or receive benefits of, or be subjected to disparate treatment in any program, activity, or service of the department based upon one or more of the protected classes defined in section 8-89-2. This chapter applies to conduct that occurs on department property or outside of department property, if the conduct was in connection with a department-sponsored program or activity.

         (f) The department shall comply with all applicable state and federal nondiscrimination laws and regulations in administering this chapter, including but not limited to:

         (1) Title VI of the Civil Rights Act of 1964, Public Law 88-352, which prohibits discrimination on the basis of race, color, or national origin;

         (2) Title IX of the Educational Amendments Act of 1972, Public Law 92-318, which prohibits discrimination on the basis of sex;

         (3) Title IV of the Civil Rights Act of 1964, which prohibits discrimination on the basis of religion;

         (4) Section 504 of the Rehabilitation Act of 1973, Public Law 92-112, which prohibits discrimination against persons with disabilities;

         (5) Individuals with Disabilities Education Act, Public Law 101-476, which ensures students with a disability are provided with a free and appropriate public education that is tailored to their individual needs;

         (6) Americans with Disabilities Act, Public Law 101-336, which prohibits discrimination against persons with disabilities in programs, activities, and services;

         (7) Article X, Section 1, Hawaii State Constitution, which prohibits discrimination in public educational institutions because of race, religion, sex or ancestry;

         (8) Age Discrimination Act of 1975, Public Law 94-135;

         (9) Section 302A-461, Hawaii Revised Statutes, which prohibits discrimination on the basis of sex in athletics offered by a public high school;

         (10) Section 302A-1001, Hawaii Revised Statutes, which prohibits discrimination on the basis of sex in any educational or recreational program or activity receiving state or county financial assistance or utilizing state or county facilities; and

         (11) Section 368D-1, Hawaii Revised Statutes, which prohibits discrimination on the basis of sex, gender identity or expression, or sexual orientation in any state educational program or activity or any educational program or activity that receives state funding.

        [Eff. OCT 14 2019 ] (Auth: HRS §302A-1112) (Imp: Hawaii Const. Art. X §1; HRS §§302A-101, 302A-1001, 302A-1101, 302A-1112, , 368-1, 368D-1; 5 U.S.C. §301, 20 U.S.C. §1681, 29 U.S.C. 706, 794, 42 U.S.C. §12101 et seq.,42 U..S.C. §2000d et seq., 28 C.F.R. §35, 34 C.F.R. §100, 34 C.F.R. §101; 34 C.F.R. §104; 34 C.F.R. §106; 45 C.F.R. §90;)

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