REPORT TITLE:
Rehabilitative School


DESCRIPTION:
This bill creates a new type of public school, a voluntary
substance abuse rehabilitation school.  This bill sets forth the
structure of the school including eligibility requirements,
program content, and operational parameters.  

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        2714
HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO A VOLUNTARY SUBSTANCE ABUSE REHABILITATION SCHOOL. 


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

 1      SECTION 1.  In the context of incarceration, drug treatment
 
 2 is a more efficient use of resources than simple incarceration.
 
 3 Overlay health considerations into this arena, and the
 
 4 legislature finds that prevention and treatment are a more
 
 5 efficient use of resources than incarceration or not addressing
 
 6 the problem. Studies repeatedly bear this point out.
 
 7      Education is often cited as the key to the future.  But for
 
 8 a growing number of our children, this is  a future is ruined by
 
 9 substance abuse.  This is a growing problem in our schools that
 
10 cries for a solution.
 
11      The purpose of this bill is to create a new type of public
 
12 school, a voluntary substance abuse rehabilitation school
 
13 (VSARS).  The VSARS is a means by which the public school system,
 
14 in cooperation with public and private entities, can provide
 
15 education to juvenile substance abusers and provide treatment
 
16 which can prevent future incarceration and social costs to
 
17 society.
 
18      SECTION 2.  Section 302A-1134.5, Hawaii Revised Statutes, is
 
19 amended to read as follows:
 
20      "302A-1134.5  Zero tolerance policy.(a)  Any child who is
 

 
Page 2                                                     2714
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 1 found to be in possession of a dangerous weapon[,]or switchblade
 
 2 knife[, intoxicating liquor, or illicit drugs] while attending
 
 3 school, may be excluded from attending school for up to ninety-
 
 4 two school days, as determined by the principal and approved by
 
 5 the superintendent or other individuals designated pursuant to
 
 6 rules adopted by the board.  In any case of exclusion from
 
 7 school, the due process procedures of the department adopted
 
 8 pursuant to chapter 91, shall apply to any child who is alleged
 
 9 to be in possession of a dangerous weapon[,]or switchblade
 
10 knife[, intoxicating liquor, or illicit drugs] while attending
 
11 school; provided that if the exclusion is for less than ten days,
 
12 the provisions of Hawaii administrative rules, title 8, chapter
 
13 19, related to student discipline, shall apply.  If a child is
 
14 excluded from attending school, the superintendent or the
 
15 superintendent's designee shall ensure that substitute
 
16 educational activities or other appropriate assistance are
 
17 provided, such as referral for appropriate intervention and
 
18 treatment services, as determined by the principal in
 
19 consultation with the appropriate school staff.
 
20      (b) In cases where a child is found to be in possession of
 
21 intoxicating liquor or illicit drugs while attending school, the
 
22 child shall be offered the choice to voluntarily enroll in a
 
23 substance abuse rehabilitation school.  Should the child refuse
 

 
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                                     H.B. NO.           
                                                        
                                                        

 
 1 to enroll in the substance abuse rehabilitation school, the
 
 2 procedures in paragraph (a) shall be followed with respect to
 
 3 that child.
 
 4      [(b)](c)  For purposes of this section:
 
 5           (1)  "Dangerous weapon" means a dirk, dagger, butterfly
 
 6                knife, blackjack, slug shot, billy, metal
 
 7                knuckles, or other instrument whose sole design
 
 8                and purpose is to inflict bodily injury or death;
 
 9                provided that firearms are excluded from this
 
10                definition;
 
11           (2)  "Illicit drugs" means substances, the possession,
 
12                distribution, ingestion, manufacture, sale, or
 
13                delivery of which are prohibited under chapter 329
 
14                and chapter 712, part IV; and
 
15           (3)  "Switchblade knife" is as defined in section
 
16                134-52." 
 
17      SECTION 3.  Chapter 302A, Hawaii Revised Statutes, is
 
18 amended by adding a new section to be appropriately designated
 
19 and to read as follows:
 
20      "302A- Creation of a voluntary substance abuse
 
21 rehabilitation school.  The voluntary substance abuse
 
22 rehabilitation school shall be created as either a charter school
 
23 or a separate public school.  If created as a public school, the
 

 
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 1 voluntary substance abuse rehabilitation school shall be treated
 
 2 as a public school for statutory purposes, save for this chapter.
 
 3 If created as a charter school, the voluntary substance abuse
 
 4 rehabilitation school shall be treated as a charter school for
 
 5 statutory purposes, save for this chapter. 
 
 6      302A- Eligibility.(a)  A child will be eligible for
 
 7 enrollment in a voluntary substance abuse rehabilitation school
 
 8 if:
 
 9           (1)  the child is concurrently enrolled in a substance
 
10                abuse rehabilitation program, such as Alcoholics
 
11                Anonymous' or Narcotics Anonymous' 12-step
 
12                programs, and
 
13           (2)  has a sponsor in that program, and
 
14           (3)  is diverted to the school pursuant to section
 
15                302A-1134.5, and
 
16           (4)  the child submits to substance abuse testing
 
17                pursuant to section 302A-   ,and
 
18           (5)  the child makes a written commitment to abstain
 
19                from all narcotics and alcohol.
 
20      (b)  Continued eligibility is contingent on continued
 
21 enrollment in a substance abuse rehabilitation program, continued
 
22 attendance at regularly scheduled meeting of the program,
 
23 submission to random, twice a week substance abuse testing
 

 
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                                     H.B. NO.           
                                                        
                                                        

 
 1 pursuant to section 302A-   , and parent attendance at regular
 
 2 weekly support meetings.
 
 3      302A- Educational Curriculum.  The department of
 
 4 education shall determine the minimum level of educational
 
 5 content of a voluntary substance abuse rehabilitation school
 
 6 pursuant to section 302A-1128.  The educational program at a
 
 7 voluntary substance abuse rehabilitation school must meet the
 
 8 minimum requirements for high school graduation.  A voluntary
 
 9 substance abuse rehabilitation school may proscribe additional
 
10 levels of educational content in its curriculum.
 
11           (1)  At any time, a child may choose to leave a
 
12                voluntary substance abuse rehabilitation school to
 
13                return to their original secondary school.
 
14           (2)  A child may choose to stay in the voluntary
 
15                substance abuse rehabilitation school in order to
 
16                earn a high school diploma.
 
17      302A- Treatment content.  Testing for substance abuse
 
18 shall be a part of the treatment program at a voluntary substance
 
19 abuse rehabilitation school.  At a minimum, testing will be
 
20 conducted on a random, twice a week basis.
 
21           (1)  At a minimum, if a third positive test for
 
22                substance abuse is determined, the child shall be
 
23                dismissed from the voluntary substance abuse
 

 
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 1                rehabilitation school.
 
 2           (2)  In addition to concurrent substance abuse
 
 3                rehabilitation program enrollment as mandated by
 
 4                section 302A-   , the voluntary substance abuse
 
 5                rehabilitation school shall offer electives
 
 6                centered around substance abuse rehabilitative
 
 7                programs.  These programs shall include, but are
 
 8                not limited to:
 
 9                (A)  "Adventure therapy" activities such as rock-
 
10                     climbing, rafting, backpacking, and hiking.
 
11                (B)  mandatory group participation activites.
 
12      (b)  The voluntary substance abuse rehabilitation school
 
13 shall hold weekly support meetings for its students." 
 
14      SECTION 4.  Statutory material to be repealed is bracketed.
 
15 New statutory material is underscored.
 
16      SECTION 5.  This Act shall take effect upon its approval.
 
17 
 
18                       INTRODUCED BY:  ___________________________