REPORT TITLE:
Zero Tolerance; Education


DESCRIPTION:
Amends zero tolerance policy by allowing suspension of a student
who attends school or a department-supervised activities, whether
on or off school premises, after consuming intoxicating liquor.
(SD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        2388
HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 2
TWENTIETH LEGISLATURE, 2000                                S.D. 1
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.  The legislature finds that the primary duty of
 
 2 school officials and teachers is the education and training of
 
 3 our youths.  The legislature further finds that the rapid
 
 4 increase in the number of disruptive students in our public
 
 5 schools is having a detrimental effect on those students seeking
 
 6 a quality education.  Without first establishing discipline and
 
 7 maintaining order, teachers cannot begin to educate our children.
 
 8 The legislature believes that to ensure that schools remain a
 
 9 safe and conducive place of learning, the problem of student
 
10 discipline that arises from substance abuse, including the
 
11 consumption of alcohol, while on or off school campuses needs to
 
12 be addressed.
 
13      In 1996, the legislature adopted a zero tolerance policy
 
14 which provided that a principal may suspend a student who is
 
15 found to be in possession of a dangerous weapon, intoxicating
 
16 liquor, or illicit drugs.  The constitutionality of this act was
 
17 subsequently challenged in the case of James P. and Lucille P.
 
18 versus Paul LeMahieu and Robert Ginlack (Civil No. 99-00861 DAE
 
19 LEK).  In this case, a minor was suspended from school for
 

 
Page 2                                                     2388
                                     H.B. NO.           H.D. 2
                                                        S.D. 1
                                                        

 
 1 attending a school-related function, held off-campus, while under 
 
 2 the influence of alcohol.  The federal district court granted the
 
 3 plaintiff's request for an injunction because the court reasoned
 
 4 that Act 90, Session Law of Hawaii 1996, only prohibited the
 
 5 "possession of...intoxicating liquor...while attending school."
 
 6 The court further stated that the defendants did not have
 
 7 evidence of a statutory violation since the minor did not
 
 8 "possess intoxicating liquor while attending school" even if he
 
 9 did drink liquor prior to the school event.  At worse, the minor
 
10 was guilty of being intoxicated at a school function, which is
 
11 not covered by the statute.
 
12      Therefore, the purpose of this Act is to expand the scope of
 
13 the zero tolerance policy by allowing a principal to suspend a
 
14 student once it has been determined that the student consumed
 
15 intoxicating liquor prior to or while attending school or a
 
16 department-supervised activity.
 
17      SECTION 2.  Section 302A-1134.5, Hawaii Revised Statutes, is
 
18 amended by amending subsection (a) to read as follows:
 
19      "(a)  Any child who [is found to be in possession of]:
 
20      (1)  Possesses, sells, or uses a dangerous weapon[,] or
 
21           switchblade knife[,]; or
 
22      (2)  Possesses, sells, consumes, or uses intoxicating
 
23           liquor[,] or illicit drugs
 

 
Page 3                                                     2388
                                     H.B. NO.           H.D. 2
                                                        S.D. 1
                                                        

 
 1 while attending school, or while attending department-supervised
 
 2 activities held on or off school property, may be excluded from
 
 3 attending school for up to ninety-two school days, as determined
 
 4 by the principal and approved by the superintendent or other
 
 5 individuals designated pursuant to rules adopted by the board.
 
 6 In any case of exclusion from school, the due process procedures
 
 7 [of the department adopted pursuant to chapter 91,] as set forth
 
 8 in the provisions of Hawaii administrative rules, title 8,
 
 9 chapter 19, section 9, related to student discipline, shall apply
 
10 to any child who is alleged to [be in possession of,] have
 
11 possessed, sold, or used a dangerous weapon[,] or switchblade
 
12 knife, or is alleged to have possessed, sold, consumed, or used
 
13 intoxicating liquor[,] or illicit drugs while attending school,
 
14 or while attending department-supervised activities held on or
 
15 off school property; provided that if the exclusion is for less
 
16 than ten days, the provisions of Hawaii administrative rules,
 
17 title 8, chapter 19, section 8, related to student discipline,
 
18 shall apply.  If a child is excluded from attending school, the
 
19 superintendent or the superintendent's designee shall ensure that
 
20 substitute educational activities or other appropriate assistance
 
21 are provided, such as referral for appropriate intervention and
 
22 treatment services, as determined by the principal in
 
23 consultation with the appropriate school staff."
 

 
Page 4                                                     2388
                                     H.B. NO.           H.D. 2
                                                        S.D. 1
                                                        

 
 1      SECTION 3.  This Act does not affect rights and duties that
 
 2 matured, penalties that were incurred, and proceedings that were
 
 3 begun, before its effective date.
 
 4      SECTION 4.  Statutory material to be repealed is bracketed.
 
 5 New statutory material is underscored.
 
 6      SECTION 5.  This Act shall take effect upon its approval.