REPORT TITLE:
School Safety


DESCRIPTION:
Requires courts to inform school when adverse disposition or
adjudication against minor is entered; requires principals to
inform school staff of adverse disposition or adjudication of a
student; requires school employees to report on campus felonies.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        2093
HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
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                   A  BILL  FOR  AN  ACT

RELATING TO SCHOOL SAFETY.
 


BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  Chapter 302A, Hawaii Revised Statutes, is
 
 2 amended by adding a new section to be appropriately designated
 
 3 and to read as follows:
 
 4      "302A-   Criminal acts at schools; reporting required.
 
 5 (a)  Any public or private school employee who has reason to
 
 6 believe that a student has committed an act on school property
 
 7 during school hours that the employee believes would constitute a
 
 8 felony if committed by an adult shall immediately report the
 
 9 matter to the police.
 
10      (b)  Any person subject to subsection (a) who knowingly
 
11 prevents another person from reporting, or who knowingly fails to
 
12 provide information as required in subsection (a), shall be
 
13 guilty of a petty misdemeanor.
 
14      (c)  Any person participating in good faith in the making of
 
15 a report pursuant to subsection (a) shall have immunity from any
 
16 liability and lawsuits, civil or criminal, that might be
 
17 otherwise incurred or imposed by or as a result of making such a
 
18 report.  Any such participant shall have the same immunity with
 
19 respect to participation in any judicial proceeding resulting
 

 
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                                     H.B. NO.           
                                                        
                                                        

 
 1 from such report."
 
 2      SECTION 2.  Chapter 571, Hawaii Revised Statutes, is amended
 
 3 by adding a new section to be appropriately designated and to
 
 4 read as follows:
 
 5      "571-    Adverse disposition or adjudication of a minor;
 
 6 notification of school; notification of appropriate staff
 
 7 members.  (a)  Within ten days of any proceeding ending in an
 
 8 adverse disposition or adjudication of a minor, the family court
 
 9 shall provide written notice of the disposition or adjudication
 
10 to the minor's school, whether public or private, for inclusion
 
11 in the minor's school record.  The notice shall be expunged from
 
12 the school record after the student graduates or after the
 
13 student should have graduated.  The notice shall include the
 
14 specific criminal offense for which the minor was adjudicated.
 
15      (b)  Within three school days of the receipt of any report
 
16 received pursuant to subsection (a), the principal of the minor's
 
17 school shall share the document with staff members who have
 
18 direct guidance, teaching, or supervisory responsibility for the
 
19 minor, or who have a specific need to know in order to protect
 
20 the safety of the student or others.  Under no circumstance shall
 
21 any individual share the document or its contents with an
 
22 individual who does not meet the above criteria."
 
23      SECTION 3.  Chapter 603, Hawaii Revised Statutes, is amended
 

 
Page 3                                                     2093
                                     H.B. NO.           
                                                        
                                                        

 
 1 by adding a new section to be appropriately designated and to
 
 2 read as follows:
 
 3      "603-    Conviction of minors; notification of school;
 
 4 notification of appropriate staff members.  (a)  Within ten days
 
 5 of any proceeding ending in a conviction of a minor, the
 
 6 presiding court shall provide written notice of the judgment to
 
 7 the minor's school, whether public or private, for inclusion in
 
 8 the juvenile's school record.  The notice shall be expunged from
 
 9 the school record after the student graduates or after the
 
10 student should have graduated.  The notice shall include the
 
11 specific criminal offense for which the minor was convicted.
 
12      (b)  Within three school days of the receipt of any report
 
13 received pursuant to subsection (a), the principal of the minor's
 
14 school shall share the document with staff members who have
 
15 direct guidance, teaching, or supervisory responsibility for the
 
16 minor, or who have a specific need to know in order to protect
 
17 the safety of the student or others.  Under no circumstance shall
 
18 any individual share the document or its contents with an
 
19 individual who does not meet the above criteria."
 
20      SECTION 4.  New statutory material is underscored.
 
21      SECTION 5.  This Act shall take effect upon its approval.
 
22 
 
23                       INTRODUCED BY:  ___________________________