CONFERENCE COMMITTEE REPORT NO. 58

                            Honolulu, Hawaii
                                            , 2000

                            RE:   S.B. No. 3038
                                  S.D. 1
                                  H.D. 1
                                  C.D. 1




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

Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twentieth State Legislature
Regular Session of 2000
State of Hawaii

Sir:

     Your Committee on Conference on the disagreeing vote of the
Senate to the amendments proposed by the House of Representatives
in S.B. No. 3038, S.D. 1, H.D. 1, entitled:  

     "A BILL FOR AN ACT RELATING TO EDUCATION," 

having met, and after full and free discussion, has agreed to
recommend and does recommend to the respective Houses the final
passage of this bill in an amended form.

     The purpose of this bill is to expand the Department of
Education's zero tolerance policy regarding possession of
intoxicating liquor, 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.

     Your Committee on Conference finds that in light of the
court's ruling in James P. and Lucille P. versus Paul LeMahieu
and Robert Ginlack (Civil No. 99-0861 DAE LEK), it is appropriate
to expand the zero tolerance policy to include those situations
in which a student may have consumed intoxicating liquor or

 
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illicit drugs during school or prior to a department-supervised
activity held on or off school property.  Discipline has become
an increasingly difficult problem for teachers and students in
Hawaii's schools.  This measure will assist educators in their
efforts to teach our youth in a safe and nurturing environment.

     After careful consideration, your Committee on Conference
has amended this measure by:

     (1)  Clarifying that any student who reasonably appears to
          have consumed or used intoxicating liquor or illicit
          drugs prior to attending school or attending
          department-supervised activities held on or off school
          property may be excluded from attending school;

     (2)  Deleting specific references to the provisions of
          Hawaii administrative rules, title 8, chapter 19 as it
          is unnecessary and undesirable due to the possibility
          of changes in section, chapter, or title numbers;

     (3)  Deleting all references to "under the influence of
          intoxicating liquor"; 

     (4)  Clarifying that substitute educational activities or
          other appropriate assistance are provided to any child
          who is excluded from attending school for more than ten
          days; and

     (5)  Making technical, non-substantive changes for the
          purposes of clarity and style.

     As affirmed by the record of votes of the managers of your
Committee on Conference that is attached to this report, your
Committee on Conference is in accord with the intent and purpose
of S.B. No. 3038, S.D. 1, H.D. 1, as amended herein, and
recommends that it pass Final Reading in the form attached hereto
as S.B. No. 3038, S.D. 1, H.D. 1, C.D. 1.


 
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                                   Respectfully submitted on
                                   behalf of the managers:

  ON THE PART OF THE SENATE          ON THE PART OF THE HOUSE




_____________________________     _______________________________
SEN. DAVID IGE                    REP. KEN ITO
Co-Chair                          Co-Chair



_____________________________     _______________________________
SEN. NORMAN SAKAMOTO              REP. SCOTT SAIKI
Co-Chair                          Co-Chair



_____________________________     
SEN. AVERY B. CHUMBLEY
Co-Chair

 
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