REPORT TITLE:
Zero tolerance; education


DESCRIPTION:
Includes under the department of education's zero tolerance
policy, selling, consuming, and using a dangerous weapon,
switchblade knife, intoxicating liquor, or illicit drugs during
school hours, on school premises, during department-supervised
activities, or on off school property.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        3038
THE SENATE                              S.B. NO.           
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   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, consume, or use a dangerous weapon, switchblade
 
 5 knife, intoxicating liquor, or illicit drugs [while attending]
 
 6 during school[,] hours, on school premises, during department-
 
 7 supervised activities, or on or off school property, may be
 
 8 excluded from attending school for up to ninety-two school days,
 
 9 as determined by the principal and approved by the superintendent
 
10 or other individuals designated pursuant to rules adopted by the
 
11 board.  In any case of exclusion from school, the due process
 
12 procedures of the department adopted pursuant to chapter 91,
 
13 shall apply to any child who is alleged to be in possession of a
 
14 dangerous weapon, switchblade knife, intoxicating liquor, or
 
15 illicit drugs while attending school; provided that if the
 
16 exclusion is for less than ten days, the provisions of Hawaii
 
17 administrative rules, title 8, chapter 19, related to student
 
18 discipline, shall apply.  If a child is excluded from attending
 
19 school, the superintendent or the superintendent's designee shall
 

 
Page 2                                                     3038
                                     S.B. NO.           
                                                        
                                                        

 
 1 ensure that substitute educational activities or other
 
 2 appropriate assistance are provided, such as referral for
 
 3 appropriate intervention and treatment services, as determined by
 
 4 the principal in consultation with the appropriate school staff."
 
 5      SECTION 2.  The board of education shall adopt rules in
 
 6 accordance with chapter 91, Hawaii Revised Statutes, to implement
 
 7 the provisions of section 1.
 
 8      SECTION 3.  Notwithstanding section 1, until such time as
 
 9 the board of education has adopted rules pursuant to section 2,
 
10 the superintendent, deputy superintendent, and district
 
11 superintendent may exclude students from attending school for up
 
12 to ninety-two school days.
 
13      SECTION 4.  Notwithstanding any law to the contrary,
 
14 disciplinary proceedings for the department of education under
 
15 this section shall not be subject to the thirty-day notice
 
16 requirement of section 91-3, Hawaii Revised Statutes.
 
17      SECTION 5.  This Act does not affect rights and duties that
 
18 matured, penalties that were incurred, and proceedings that were
 
19 begun, before its effective date.
 
20      SECTION 6.  Statutory material to be repealed is bracketed.
 
21 New statutory material is underscored.
 
22      SECTION 7.  This Act shall take effect upon its approval.
 
23 
 
24                       INTRODUCED BY:  ___________________________