REPORT TITLE:
Zero Tolerance; Education


DESCRIPTION:
Extends the department of education's zero tolerance policy
toward dangerous weapons, switchblade knives, intoxicating
liquor, and illicit drugs to include department supervised
activities on or off school property, and activities that occur
on school premises and during the school day.  (HB2388 HD1)

 
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                                                        2388
HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 1
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO EDUCATION.



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

 1      SECTION 1.  Section 302A-1134.5, Hawaii Revised Statutes, is
 
 2 amended by amending subsection (a) to read as follows:
 
 3      "(a)  Any child who is found to [be in possession of]
 
 4 possess, sell, or use a dangerous weapon[,] or switchblade knife,
 
 5 or possess, sell, consume, or use intoxicating liquor[,] or
 
 6 illicit drugs [while attending] during school[,] hours, on school
 
 7 premises, or during department-supervised activities on or off
 
 8 school property, may be excluded from attending school for up to
 
 9 ninety-two school days, as determined by the principal and
 
10 approved by the superintendent or other individuals designated
 
11 pursuant to rules adopted by the board.  In any case of exclusion
 
12 from school, the due process procedures of the department adopted
 
13 pursuant to chapter 91, shall apply to any child who is alleged
 
14 to [be in possession of] possess, sell, or use a dangerous
 
15 weapon[,] or switchblade knife, or possess, sell, consume, or use
 
16 intoxicating liquor[,] or illicit drugs [while attending] during
 
17 school[;] hours, on school premises, or during department-
 
18 supervised activities on or off school property; provided that if
 
19 the exclusion is for less than ten days, the provisions of Hawaii
 

 
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                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1 administrative rules, title 8, chapter 19, related to student
 
 2 discipline, shall apply.  If a child is excluded from attending
 
 3 school, the superintendent or the superintendent's designee shall
 
 4 ensure that substitute educational activities or other
 
 5 appropriate assistance are provided, such as referral for
 
 6 appropriate intervention and treatment services, as determined by
 
 7 the principal in consultation with the appropriate school staff."
 
 8      SECTION 2.  The board of education shall adopt rules in
 
 9 accordance with chapter 91, Hawaii Revised Statutes, to implement
 
10 section 302A-1134.5(a), Hawaii Revised Statutes.
 
11      SECTION 3.  Notwithstanding section 1, until such time as
 
12 the board of education has adopted rules pursuant to section 2,
 
13 the superintendent, deputy superintendent, and district
 
14 superintendent may exclude students from attending school for up
 
15 to ninety-two school days for the infractions described in
 
16 section 302A-1134.5(a), Hawaii Revised Statutes.
 
17      SECTION 4.  Notwithstanding any law to the contrary,
 
18 disciplinary proceedings for the department of education under
 
19 section 302A-1134.5, Hawaii Revised Statutes, shall not be
 
20 subject to the thirty-day notice requirement of section 91-9.5,
 
21 Hawaii Revised Statutes.
 
22      SECTION 5.  This Act does not affect rights and duties that
 
23 matured, penalties that were incurred, and proceedings that were
 

 
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                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1 begun, before its effective date.
 
 2      SECTION 6.  Statutory material to be repealed is bracketed.
 
 3 New statutory material is underscored.
 
 4      SECTION 7.  This Act shall take effect upon its approval.
 

 
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