Report Title:
Substance Abuse; DOE Testing
Description:
Clarifies requirements for student drug abuse assessment referrals. Establishes task force to study process by which students are referred for substance abuse assessment and treatment. Makes appropriation to the department of education for student substance abuse testing. (SD2)
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THE SENATE |
S.B. NO. |
1816 |
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TWENTY-THIRD LEGISLATURE, 2005 |
S.D. 2 |
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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 annual 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. (a) There is established, in the department of education for administrative purposes, a student substance abuse assessment and treatment advisory task force to review the process by which a child who violates the zero tolerance policy for drugs and alcohol in public schools is referred for assessment and treatment of substance abuse and excluded from school.
(b) The advisory task force shall consist of nine members appointed without regard to section 26-34, Hawaii Revised Statutes, as follows:
(1) Two members shall represent the department of education and shall consist of the superintendent of education or the superintendent's designee and a school administrator to be appointed by the superintendent;
(2) The director of health or the director's designee;
(3) A member of the house of representatives to be appointed by the speaker of the house of representatives;
(4) A member of the senate to be appointed by the president of the senate;
(5) A health care professional emphasizing assessment of children for substance abuse or dependence to be appointed jointly by the speaker of the house of representatives and president of the senate; and
(6) A manager of a drug treatment facility emphasizing treatment of children to be appointed jointly by the speaker of the house of representatives and president of the senate.
The advisory task force shall consist of at least one member from each county. The advisory task force shall select a chairperson from among its members. The number of members necessary to constitute a quorum to do business shall consist of a majority of all members of the advisory task force. When a quorum is in attendance, the concurrence of a majority of the members in attendance shall make any action of the advisory task force valid.
(c) The advisory task force shall:
(1) Review the process established by section 302A-1134.6, Hawaii Revised Statutes, as amended by section 14 of Act 44, Session Laws of Hawaii 2004, to determine whether it is working and, if not, why not;
(2) Review the amendments to section 302A-1134.6, Hawaii Revised Statutes, made by section 2 of this Act to determine whether the amendments will improve the process; and
(3) Determine what further changes need to be made, including the addition of resources, to improve the assessment and treatment of children in public schools for substance abuse and dependence.
(d) The department of education shall provide administrative and staff support to the advisory task force; provided that the advisory task force may also request assistance from the department of health and other appropriate state executive agencies in fulfilling the purpose and duties of the advisory task force.
(e) Members of the advisory task force shall not receive compensation for their services but shall be reimbursed for necessary expenses, including travel expenses, incurred in the performance of their duties under this Act.
(f) The advisory task force shall submit a report of its findings and recommendations, including any proposed legislation, to the legislature no later than twenty days prior to the convening of the regular session of 2006.
(g) The advisory task force shall cease to exist on June 30, 2006."
SECTION 4. 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 5. The sum appropriated shall be expended by the department of education for the purposes of this Act.
SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 7. This Act shall take effect on July 1, 2050; provided that section 2 shall take effect on July 1, 2006.