§302A-1134  Exclusion from school.  (a)  If for any reason a child becomes a detriment to the morals or discipline of any school, the child may be precluded from attending school by the principal, with the approval of the complex area superintendent.  The department shall seek the active participation of other public and private agencies in providing help to these children before and after they have left school.  An appeal may be taken on behalf of the child to the superintendent of education within ten days from the date of such action.

     (b)  Any child who, while attending school, is found to be in possession of a firearm, shall be excluded from attending school for not less than one year.  The due process procedures of chapter 19 of the Department of Education, Hawaii Administrative Rules, shall apply to any child who, while attending school, is alleged to be in possession of a firearm.  The superintendent, on a case-by-case basis, may modify the exclusion of a child found to be in possession of a firearm while attending school.  If a child is excluded from attending school, the superintendent shall ensure that substitute educational activities or other appropriate assistance shall be provided.  The superintendent shall submit to the United States Department of Education, the state board of education, and the legislature an annual report indicating the number of students excluded, the types of firearms found in their possession, and the schools from which they were excluded.

     (c)  No person who is twenty years of age or over on the first instructional day of the school year shall be eligible to attend a public school.  If a person reaches twenty years of age after the first instructional day of the school year, the person shall be eligible to attend public school for the full school year. [L 1996, c 89, pt of §2 and am c 90, §3; am L 2003, c 187, §10; am L 2010, c 163, §1]