Report Title:
Substance Abuse; DOE Testing
Description:
Clarifies requirements for student drug abuse assessment referrals. Makes appropriation to the department of education for student substance abuse testing. (SD1)
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THE SENATE |
S.B. NO. |
1816 |
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TWENTY-THIRD LEGISLATURE, 2005 |
S.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO STUDENT SUBSTANCE ABUSE ASSESSMENT REFERRALS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Act 44, Session Laws of Hawaii 2004, required the department of education to refer a student, who is subject to suspension for substance abuse, to be assessed by a certified substance abuse treatment counselor or professional qualified pursuant to chapter 431M, Hawaii Revised Statutes. The purpose of the assessment is to determine whether the student needs treatment for substance abuse or dependency, and appropriate referral and treatment services accordingly. The outcome of this process determines whether the student will be subject to continued disciplinary action. These mandates were funded in Act 40, Session Laws of Hawaii 2004.
The department of education has indicated that, based on statewide data in recent years for drug and alcohol offenses, the estimated costs for the assessments would be $300,000 to $500,000.
The purpose of this Act is to:
(1) Clarify the law on student substance assessment referrals; and
(2) Make an appropriation to the department of education for student substance abuse referral for the purpose of assessments by certified substance abuse treatment counselors or professional qualified pursuant to chapter 431M.
SECTION 2. Section 302A-1134.6, Hawaii Revised Statutes, is amended by amending subsection (f) to read as follows:
"(f) Prior to implementing any decision to exclude the child from attending school due to a violation of subsection (b) or (c), the child shall be referred to and assessed by a certified substance abuse treatment counselor or professional qualified pursuant to chapter 431M on a priority basis to determine whether the child needs treatment for substance abuse or dependency. If the assessment determines that the child[:
(1) Needs] needs treatment for substance abuse or dependency and[:
(A) If] if outpatient treatment is immediately available or the child is placed into a residential treatment facility, the child [shall not be excluded from school and all disciplinary action shall be deferred;] may be returned to school earlier than originally indicated; provided that the child:
[(i)] (1) Enters into treatment;
[(ii)] (2) Complies with the terms and conditions of the treatment program; and
[(iii)] (3) Remains in treatment until discharged from treatment. If the child completes the treatment program, no disciplinary action based on the original offense shall be taken and all records of disciplinary action relating to the original offense shall be expunged; or
[(B)] (4) If no treatment program is immediately available, the child [shall not be excluded from attending school, but] may be transferred to an alternative learning center, pending admission to a treatment program. [Disciplinary action shall be deferred in accordance with paragraph (1)(A) during the pendency of the child's treatment and all records of disciplinary action relating to the original offense shall be expunged upon completion of the treatment program; or
(2) Does not need treatment for substance abuse or dependency, disciplinary action of exclusion from school may be taken in accordance with the department's rules.]
If the child does not need treatment for substance abuse or dependency, follow-up counseling or other student supports shall be provided.
Nothing in this subsection prohibits the principal from suspending the child pursuant to the crisis suspension rules of the department for a period not to exceed ten days, provided the principal commences the referral and assessment process required under this section during the crisis suspension period."
SECTION 3. There is appropriated out of the general revenues of the State of Hawaii the sum of $400,000, or so much thereof as may be necessary for fiscal year 2005-2006, for student substance abuse referral for the purpose of assessments by certified substance abuse treatment counselors or professional qualified pursuant to chapter 431M, Hawaii Revised Statutes, in accordance with Act 44, Session Laws of Hawaii 2004.
SECTION 4. The sum appropriated shall be expended by the department of education for the purposes of this Act.
SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect on July 1, 2005.