STAND. COM. REP. NO. 3014

                                   Honolulu, Hawaii
                                                     , 2000

                                   RE:  H.B. No. 2388
                                        H.D. 2
                                        S.D. 1




Honorable Norman Mizuguchi
President of the Senate
Twentieth State Legislature
Regular Session of 2000
State of Hawaii

Sir:

     Your Committee on Education and Technology, to which was
referred H.B. No. 2388, H.D. 2, entitled: 

     "A BILL FOR AN ACT RELATING TO EDUCATION,"

begs leave to report as follows:

     The purpose of this measure is to expand the Department of
Education's zero tolerance policy regarding possession of
intoxicating alcohol, illicit drugs, dangerous weapons, and
switchblades, to include the sale, consumption, or use of
intoxicating liquor or illicit drugs and the sale and use of a
dangerous weapon or switchblade.

     Testimony in support of this measure was received from the
Department of Education, Department of the Attorney General, and
Hawaii Teachers Association.  One individual submitted testimony
in opposition to the measure.

     Your Committee finds that in 1996, the legislature adopted a
zero tolerance policy which provided that a principal may suspend
a student who is found to be in possession of a dangerous weapon,
intoxicating liquor, or illicit drugs.  The constitutionality of
that act was challenged in James P. and Lucille P. v. Paul
LeMahieu and Robert Ginlack (Civil No. 99-00861 DAE LEK).  In
that case, a minor was suspended from school for attending a
school-related function, held off-campus, while under the
influence of alcohol.  The federal district court granted the
plaintiff's request for an injunction because Act 90, Session

 
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Laws of Hawaii 1996, only prohibited the "possession
of...intoxicating liquor...while attending school."  The court
found that the defendants did not have evidence of a statutory
violation since the minor did not "possess intoxicating liquor
while attending school," even if the minor did consume liquor
prior to the school event.  At worst, the minor was guilty of
being intoxicated at a school function, which is not covered by
the present statute.

     Your Committee believes that it is appropriate to expand the
zero tolerance policy to include those situations in which a
student may have consumed intoxicating liquor during school or
prior to a department-supervised activity held on or off school
property.

     Your Committee amended this measure by:

     (1)  Adding a legislative findings and purpose section;

     (2)  Clarifying that a student may be suspended from school
          for the possession, sale, or use of a dangerous weapon
          or switchblade knife while attending school or while
          attending department-supervised activities held on or
          off school property;

     (3)  Clarifying that a student may be suspended from school
          for the possession, sale, consumption, or use of
          intoxicating liquor or illicit drugs while attending
          school or while attending department-supervised
          activities held on or off school property;

     (4)  Specifying that in any case of exclusion from school,
          the due process procedures set forth in Hawaii
          Administrative Rules, Title 8, Chapter 19, shall apply;
          and

     (5)  Making technical, nonsubstantive changes for purposes
          of clarity and style.

     As affirmed by the record of votes of the members of your
Committee on Education and Technology that is attached to this
report, your Committee is in accord with the intent and purpose
of H.B. No. 2388, H.D. 2, as amended herein, and recommends that
it pass Second Reading in the form attached hereto as H.B.
No. 2388, H.D. 2, S.D. 1, and be referred to the Committee on
Judiciary.


 
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                                   Respectfully submitted on
                                   behalf of the members of the
                                   Committee on Education and
                                   Technology,



                                   ______________________________
                                   DAVID Y. IGE, Chair

 
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