Harassment of Hawaii public school employees is on the rise, the state schools superintendent says, and that is why his department wants the state Legislature to classify it as a misdemeanor crime.

Senate Bill 3093 and the companion House Bill 2125 would make it a misdemeanor to disrupt or interfere with the administration or functions of any state Department of Education school, school administration office, or school board “with intent to harass, annoy, or alarm an educational worker.”

While the bills don’t yet specify penalties, misdemeanors in Hawaii generally are punishable with up to a year in jail and a maximum fine of $2,000.

The change “is necessary to address the growing problem of continuous and threatening harassment of educational workers by parents and members of the public,” interim Superintendent Keith Hayashi said in written testimony to the House Education committee.

Hayashi said some examples of past harassment include “constant badgering, name-calling, and harassing of school officials with persistent telephone calls, flooding the answering machines to capacity so that legitimate messages from parents or other individuals cannot be received, rejecting mail and email notifications and thereby thwarting the school’s ability to perform tasks mandated by federal and state laws.”

The education department did not have data to quantify an increase in cases, but DOE Communications Director Nanea Kalani said anecdotal cases have grown in numbers and severity.

When asked whether documented death threats against the principal of Stevenson Middle School in 2020 and 2021 were the impetus for the bill, Kalani said no, noting that multiple DOE educators from around the state submitted testimony supporting the bill and describing their own struggles with harassment and intimidation.

Kyle Shimabukuro, a DOE administrator, said he deals with angry, belligerent people about once a month, and while most situations eventually can be defused with active listening and empathy, “there are still one or two incidents per year where the person is unreasonably aggressive and does not back down.”

Shimabukuro said the pandemic has made people’s behavior worse. One parent got extremely angry with him for enforcing the DOE rule that required her unvaccinated child to quarantine at home for five days following close contact with someone with COVID- 19, he said in his testimony.

“I would feel safer with a law in place to protect me from harassment and verbal or physical attacks,” he said.

Patrick Wetzel, principal at Hickam Elementary School, testified: “I have been threatened in the past and have witnessed my friends/colleagues threatened; I believe this bill is necessary. As employees, we have the right to work in a safe and supportive environment.”

Kalani said the case last month of the trespasser who entered the Sunset Beach Elementary School campus without permission, swore at the principal and upset other school employees and students did not spark the bills. The DOE request for the legislation was discussed and approved late last year by the state Board of Education.

Hawaii schools so far have been spared the extreme level of conflict seen in some mainland school districts.

But in unusually pointed words, Hayashi said in his testimony to legislators: “The polarization of society and overt disrespect for our government institutions that are fostered by social media have emboldened certain persons to harass and intimidate school officials with demeaning swear words and threats to their personal safety as well as job security when they have issues with the school.

“The existing laws do not address educational workers who have become victimized by irrational and uncompromising parents and individuals whose goal is to taunt, harass, and intimidate school officials so that they give in to their unreasonable demands through coercion or by intentional delay tactics.”

Hayashi said harassing behavior disrupts the school environment, “causes fear and anxiety in school officials, and undermines the school’s ability to conduct its business, fulfill its responsibilities, and meet required timelines.”

The intent is not to prevent rational disagreements between parents and schools, Hayashi said.

The bills call for protecting teachers, administrators, specialists, counselors and other DOE employees as well as those employed at public charter schools. They also would cover volunteers in school activities and programs, as well as contractors hired by the DOE and carrying out school functions.

Private schools and colleges, preschools and the University of Hawaii are not mentioned in the bills.

The measures are a proposal from Gov. David Ige’s administration introduced at the request of DOE. The House and Senate versions recently passed out of their respective education committees and are awaiting consideration in the judiciary committees.

The Hawaii Government Employees Association, the union that represents public school principals, supports the intent of the bill.

“Every school year, we are informed by our members of threats made directly at them or witnessed by them in the course of their employment and within the scope of their duties and responsibilities,” wrote HGEA Executive Director Randy Perreira.

“These threats occur in school offices, at meetings, over the phone, via email, and more recently, through social media posts and comments. We strongly support any efforts to increase protection for our educational workers.”

However, the Hawaii Association of School Psychologists opposes the measure.

“Zero tolerance and/or strict disciplinarian policies have not been proven effective by research,” the association said in its testimony. “Additionally, where similar policies are in place, black and indigenous students of color are disproportionately subjected to them.”

The association said the DOE should instead consider “evidence-based positive behavior interventions and supports, and crisis prevention and intervention … and schoolwide restorative and community engagement practices.”