Zero Tolerance; Education

Extends the Department of Education's zero tolerance policy to
include the possession, sale, or use of dangerous weapons or
switchblade knives, and the possession, sale, consumption or use
of intoxicating liquor or illicit drugs during school. (HB2388

HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 2
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            

                   A  BILL  FOR  AN  ACT



 1      SECTION 1.  Section 302A-1134.5, Hawaii Revised Statutes, is
 2 amended by amending subsection (a) to read as follows:
 3      "(a)  Any child who is found to [be in possession of]
 4 possess, sell, or use a dangerous weapon[,] or switchblade knife,
 5 or possess, sell, consume, or use intoxicating liquor[,] or
 6 illicit drugs while attending school, may be excluded from
 7 attending school for up to ninety-two school days, as determined
 8 by the principal and approved by the superintendent or other
 9 individuals designated pursuant to rules adopted by the board.
10 In any case of exclusion from school, the due process procedures
11 of the department adopted pursuant to chapter 91, shall apply to
12 any child who is alleged to [be in possession of] possess, sell,
13 or use a dangerous weapon[,] or switchblade knife, or possess,
14 sell, consume, or use intoxicating liquor[,] or illicit drugs
15 while attending school; provided that if the exclusion is for
16 less than ten days, the provisions of Hawaii administrative
17 rules, title 8, chapter 19, related to student discipline, shall
18 apply.  If a child is excluded from attending school, the
19 superintendent or the superintendent's designee shall ensure that
20 substitute educational activities or other appropriate assistance

Page 2                                                     2388
                                     H.B. NO.           H.D. 2

 1 are provided, such as referral for appropriate intervention and
 2 treatment services, as determined by the principal in
 3 consultation with the appropriate school staff."
 4      SECTION 2.  The board of education shall adopt rules in
 5 accordance with chapter 91, Hawaii Revised Statutes, to implement
 6 section 302A-1134.5(a), Hawaii Revised Statutes.
 7      SECTION 3.  Notwithstanding section 1, until such time as
 8 the board of education has adopted rules pursuant to section 2,
 9 the superintendent, deputy superintendent, and district
10 superintendent may exclude students from attending school for up
11 to ninety-two school days for the infractions described in
12 section 302A-1134.5(a), Hawaii Revised Statutes.
13      SECTION 4.  Notwithstanding any law to the contrary,
14 disciplinary proceedings for the department of education under
15 section 302A-1134.5, Hawaii Revised Statutes, shall not be
16 subject to the thirty-day notice requirement of section 91-9.5,
17 Hawaii Revised Statutes.
18      SECTION 5.  This Act does not affect rights and duties that
19 matured, penalties that were incurred, and proceedings that were
20 begun, before its effective date.
21      SECTION 6.  Statutory material to be repealed is bracketed.
22 New statutory material is underscored.
23      SECTION 7.  This Act shall take effect upon its approval.