STAND. COM. REP. NO. 2641

                                   Honolulu, Hawaii
                                                     , 2000

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




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

Sir:

     Your Committee on Judiciary, to which was referred S.B. No.
3038 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, 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.

     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
this act was subsequently challenged in the case of James P. and
Lucille P. versus Paul LeMahieu and Robert Ginlack (Civil No. 99-
00861 DAE LEK).  In this 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 the
court reasoned that Act 90, Session Law of Hawaii 1996, only
prohibited the "possession of...intoxicating liquor...while
attending school."  The court further stated that the defendants
did not have evidence of a statutory violation since the minor
did not "possess intoxicating liquor while attending school" even
if he did drink liquor prior to the school event.  At worse, the

 
a                                                     
                                   STAND. COM. REP. NO. 2641
                                   Page 2


minor was guilty of being intoxicated at a school function, which
is not covered by the 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.

     Testimony in support of this measure was submitted by the
Department of the Attorney General, the Department of Education,
and the Hawaii State Teachers Association.

     Upon further consideration, your Committee has amended this
bill 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 as set forth in Hawaii
          Administrative Rules, Title 8, Chapter 19, shall apply;
          and

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

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


 
a                                                     
 
 
 
 
 
                                   STAND. COM. REP. NO. 2641
                                   Page 3


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



                                   ______________________________
                                   AVERY B. CHUMBLEY, Co-Chair



                                   ______________________________
                                   MATTHEW M. MATSUNAGA, Co-Chair

 
a