Posted on: Thursday, July 12, 2001

Island Voices
It's time for DOE to move on Chapter 19

By Nancy Kern

Last November, the Board of Education passed the Chapter 19 policy that would protect lesbian, gay, bisexual and transgender (LGBT) students from harassment and discrimination in Hawai'i's public schools. This historic success led advocates of this population to believe that the Department of Education would move quickly to begin the implementation process of this policy, particularly when Gov. Cayetano signed it into law in February.

However, the implementation stage of Chapter 19 is proving to be every bit as difficult as its policy development and passage.

Chapter 19 was passed by the Board of Education on Kaua'i on Nov. 2, 2000, with a specific mandate from the BOE to the DOE that implementation occur in a timely and meaningful manner.

Implementation of Chapter 19 has yet to occur. Although it is true that the teachers' strike in April diverted DOE attention temporarily from Chapter 19, the fact is that it has been eight months since the BOE passed this new policy and five months since Cayetano signed it into law. In the meantime, LGBT youth continue to be harassed and bullied on the grounds of Hawai'i's public schools, sites where they should feel warmly welcomed and protected from the discrimination they also experience outside the school walls.

Proponents of Chapter 19 spent almost two years (February 1999 to November 2000) and thousands of hours organizing advocates to ensure public understanding of the implications of the new law; and giving of their time and expertise so that LGBT youth in Hawai'i can eventually feel safe and secure in the school environment.

It is imperative that the BOE and DOE begin now to honor their intention and obligation to implement Chapter 19 in a timely and effective manner. Until that time, these youths will continue to attend schools whose learning environments may be not only unsupportive, but openly hostile.

These students do not deserve such treatment, either legally or morally, and only the DOE can ensure that this population is protected and safeguarded, reflecting the wishes of the majority of the community and potentially resulting in a school experience for these youths that is both satisfying and rewarding.

Nancy Kern is co-chair of the Hawai'i Safe Schools Coalition that led the successful effort to have Chapter 19 passed by the BOE in November 2000.