§302A-1134.5 Zero tolerance policy. (a) Any child who is found to be in possession of a dangerous weapon, switchblade knife, intoxicating liquor, or illicit drugs while attending school, may be excluded from attending school for up to ninety-two school days, as determined by the principal and approved by the superintendent or other individuals designated pursuant to rules adopted by the board. In any case of exclusion from school, the due process procedures of the department adopted pursuant to chapter 91, shall apply to any child who is alleged to be in possession of a dangerous weapon, switchblade knife, intoxicating liquor, or illicit drugs while attending school; provided that if the exclusion is for less than ten days, the provisions of Hawaii administrative rules, title 8, chapter 19, related to student discipline, shall apply. If a child is excluded from attending school, the superintendent or the superintendent's designee shall ensure that substitute educational activities or other appropriate assistance are provided, such as referral for appropriate intervention and treatment services, as determined by the principal in consultation with the appropriate school staff.

(b) For purposes of this section:

(1) "Dangerous weapon" means a dirk, dagger, butterfly knife, blackjack, slug shot, billy, metal knuckles, or other instrument whose sole design and purpose is to inflict bodily injury or death; provided that firearms are excluded from this definition;

(2) "Illicit drugs" means substances, the possession, distribution, ingestion, manufacture, sale, or delivery of which are prohibited under chapter 329 and chapter 712, part IV; and

(3) "Switchblade knife" is as defined in section 134-52. [L 1996, c 90, §2; am L 1997, c 141, §1; am L 1998, c 276, §1]