STAND. COM. REP. NO. 1007-00

                                 Honolulu, Hawaii
                                                   , 2000

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




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

Sir:

     Your Committee on Education, to which was referred S.B. No.
3038, S.D. 1, entitled: 

     "A BILL FOR AN ACT RELATING TO EDUCATION,"

begs leave to report as follows:

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

     The Attorney General testified in support of the intent of
this bill and recommended an amendment to allow greater
flexibility with respect to utilization of administrative rules.

     The Department of Education (DOE) testified in support of
the measure but recommended an amendment to clarify that the zero
tolerance policy requirements apply to students during school
hours regardless of whether the student is attending school as in
the case when a student is on campus while school is not in
session.

     The Hawaii State Teachers Association and a member of the
public also testified in support of the bill.

     Your Committee finds that increasingly, discipline has been
the most difficult problem facing teachers in Hawaii's schools.  

 
 
                                 STAND. COM. REP. NO. 1007-00
                                 Page 2

 
     Your Committee believes that this measure will assist
educators in their efforts to teach our youth in a safe and
nurturing environment.

     Your Committee has amended this measure to address the
concerns of the Attorney General and the DOE by:

     (1)  Providing for broader application of administrative
          rules by clarifying that in cases of exclusion from
          school, the due process procedures set forth in Title
          8, chapter 19, relating to student discipline shall
          apply;

     (2)  Applying the zero tolerance policy restrictions to
          students during school hours instead of while attending
          school in order to cover situations where students are
          on campus but school is not in session; and

     (3)  Allowing the principal of the child's school of
          attendance or the principal's designee to make the
          determination as to whether a child is under the
          influence of intoxicating liquor or illicit drugs.

     Your Committee has further amended this bill by adding
language to ensure that students who arrive on campus already
intoxicated or under the influence of illicit drugs are subject
to the zero tolerance policy.

     As affirmed by the record of votes of the members of your
Committee on Education that is attached to this report, your
Committee is in accord with the intent and purpose of S.B. No.
3038, S.D. 1, as amended herein, and recommends that it pass
Second Reading in the form attached hereto as S.B. No. 3038, S.D.
1, H.D. 1, and be referred to the Committee on Judiciary and
Hawaiian Affairs.

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



                                   ______________________________
                                   KEN ITO, Chair