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.
(SB3038 HD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        3038
THE SENATE                              S.B. NO.           S.D. 1
TWENTIETH LEGISLATURE, 2000                                H.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
 
20 attending a school-related function held off-campus, while under 
 

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

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

 
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 1 treatment services, as determined by the principal in
 
 2 consultation with the appropriate school staff."
 
 3      SECTION 3.  This Act does not affect rights and duties that
 
 4 matured, penalties that were incurred, and proceedings that were
 
 5 begun, before its effective date.
 
 6      SECTION 4.  Statutory material to be repealed is bracketed.
 
 7 New statutory material is underscored.
 
 8      SECTION 5.  This Act shall take effect upon its approval.