HOUSE OF REPRESENTATIVES
H.B. NO.
864
THIRTY-THIRD LEGISLATURE, 2025
H.D. 2
STATE OF HAWAII
A BILL FOR AN ACT
RELATING TO EDUCATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that a main goal of the department of education's State of Hawaii public education 2023-2029 strategic plan is to have "all students graduate high school prepared for college and career success and community and civic engagement." As part of this goal, an action item in the strategic plan includes "expand[ing] students' opportunities for structured work-based learning experiences, including internships for high school students, through partnerships with employers, community partners, military and higher education institutions."
To achieve the goals set forth in the strategic plan, the department of education is actively pursuing internships for students, including graduating high school students. However, the department finds that once students graduate from high school, they are no longer considered a student and are not covered for workers' compensation while they are participating in a department-sponsored work-based learning opportunity during the summer following graduation.
Therefore, the purpose of this Act is to allow newly graduated former students to be eligible for workers' compensation coverage during the summer following their high school graduation while participating in work-based learning programs sponsored by the department of education.
SECTION 2. Section 302A-430, Hawaii Revised Statutes, is amended to read as follows:
"§302A-430 Coverage for workers' compensation. [Underlined: (a)] Whenever a student [Underlined: or a new high school graduate] participating in a school-approved work-based learning program sponsored by the department [[Struck through: of education]] or [Underlined: a student participating in a school-approved work-based learning program sponsored by] the [[Struck through: University]] [Underlined: university] of Hawaii undertakes to perform work for a private or public employer as part of the student's [Underlined: or new high school graduate's] work-based learning program, whether paid or unpaid, the State shall be deemed to be the responsible employer for the purposes of workers' compensation coverage[[Struck through: ,]][Underlined: ; provided that no coverage under this section shall be provided beyond July 31 of the student's or the new high school graduate's high school graduation year, and] that [Underlined: coverage] shall be the student's [Underlined: or the new high school graduate's] exclusive remedy to the same extent as provided for in chapter 386 as against the State and the private employer participating in the program.
[Underlined: (b) The department shall submit an annual report to the legislature no later than twenty days prior to the convening of each regular session that contains the following information:]
[Underlined: (1)] [Underlined: The number of students participating in the school-approved work-based learning program sponsored by the department or the university of Hawaii;]
[Underlined: (2)] [Underlined: The number of workers' compensation claims filed pursuant to this section; and]
[Underlined: (3)] [Underlined: The number of students who continue to participate in the school-approved work-based learning program sponsored by the department or the university of Hawaii after high school graduation.]"
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect on July 1, 3000.
Report Title:
DOE; Workers' Compensation; Work-based Internships
Description:
Allows newly graduated high school students to be eligible for workers' compensation coverage during the summer following their high school graduation while participating in Department of Education-sponsored work-based learning programs. Requires an annual report. Effective 7/1/3000. (HD2)
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