REPORT TITLE:
School Safety; Assault


DESCRIPTION:
Requires students to be suspended for not less than school days
but not more than 92 school days for violating section 8-19-
6(a)(1) or 8-19-13(a)(1) of the administrative rules of the
department of education, or violating part III of chapter 707.
(HB2078 HD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        2078 
HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 1
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO SCHOOL SAFETY.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  Section 302A-1134.5, Hawaii Revised Statutes, is
 
 2 amended to read as follows:
 
 3      "§302A-1134.5  Zero tolerance policy.(a)  Any child who
 
 4 [is]:
 
 5      (1)  Is found to be in possession of a dangerous weapon,
 
 6           switchblade knife, intoxicating liquor, or illicit
 
 7           drugs; or
 
 8      (2)  Violates section 8-19-6(a) or 8-19-13(a)(1) of the
 
 9           administrative rules of the department of education,
 
10           relating to class A offenses and dated May 19, 1997;
 
11      (3)  Violates part III of chapter 707;
 
12 while attending school, [may] shall be excluded from attending
 
13 school for [up to] not less than             school days but not
 
14 more than ninety-two school days, as determined by the principal
 
15 and approved by the superintendent or other individuals
 
16 designated pursuant to rules adopted by the board.  In any case
 
17 of exclusion from school, the due process procedures of the
 
18 department adopted pursuant to chapter 91, shall apply to any
 
19 child who is alleged to be in possession of a dangerous weapon,
 
20 switchblade knife, intoxicating liquor, or illicit drugs, or who
 

 
Page 2                                                     2078 
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1 is alleged to have violated section 8-19-6(a)(1) or 8-19-13(a)(1)
 
 2 of the administrative rules of the department of education, or
 
 3 who is alleged to have violated part III of chapter 707, while
 
 4 attending school; provided that if the exclusion is for less than
 
 5 ten days, the provisions of Hawaii administrative rules, title 8,
 
 6 chapter 19, related to student discipline, shall apply.  If a
 
 7 child is excluded from attending school, the superintendent or
 
 8 the superintendent's designee shall ensure that substitute
 
 9 educational activities or other appropriate assistance are
 
10 provided, such as referral for appropriate intervention and
 
11 treatment services, as determined by the principal in
 
12 consultation with the appropriate school staff.
 
13      (b)  For purposes of this section:
 
14      (1)  "Dangerous weapon" means a dirk, dagger, butterfly
 
15           knife, blackjack, slug shot, billy, metal knuckles, or
 
16           other instrument whose sole design and purpose is to
 
17           inflict bodily injury or death; provided that firearms
 
18           are excluded from this definition;
 
19      (2)  "Illicit drugs" means substances, the possession,
 
20           distribution, ingestion, manufacture, sale, or delivery
 
21           of which are prohibited under chapter 329 and chapter
 
22           712, part IV; and
 
23      (3)  "Switchblade knife" is as defined in section 134-52.
 

 
Page 3                                                     2078 
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1      (c)  Subsection (a)(2) shall not apply to offenses committed
 
 2 with firearms.  Section 302A-1134(b) shall apply to offenses
 
 3 committed with firearms.  For the purposes of this subsection,
 
 4 "offenses" include alleged offenses."
 
 5      SECTION 2.  This Act does not affect rights and duties that
 
 6 matured, penalties that were incurred, and proceedings that were
 
 7 begun, before its effective date.
 
 8      SECTION 3.  Statutory material to be repealed is bracketed.
 
 9 New statutory material is underscored.
 
10      SECTION 4.  This Act shall take effect upon its approval.