School Safety; Assault

Allows students to be suspended for up to 92 school days for
criminal assault and related offenses that do not involve

THE SENATE                              S.B. NO.           2173
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            

                   A  BILL  FOR  AN  ACT



 1      SECTION 1.  Section 302A-1134.5, Hawaii Revised Statutes, is
 2 amended to read as follows:
 3      "302A-1134.5  Zero tolerance policy.(a)  Any child who
 4 [is]:
 5      (1)  Is found to be in possession of a dangerous weapon,
 6           switchblade knife, intoxicating liquor, or illicit
 7           drugs; or
 8      (2)  Violates part III of chapter 707;
 9 while attending school, may be excluded from attending school for
10 up to ninety-two school days, as determined by the principal and
11 approved by the superintendent or other individuals designated
12 pursuant to rules adopted by the board.  In any case of exclusion
13 from school, the due process procedures of the department adopted
14 pursuant to chapter 91, shall apply to any child who is alleged
15 to be in possession of a dangerous weapon, switchblade knife,
16 intoxicating liquor, or illicit drugs, or who is alleged to have
17 violated part III of chapter 707, while attending school;
18 provided that if the exclusion is for less than ten days, the
19 provisions of Hawaii administrative rules, title 8, chapter 19,

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                                     S.B. NO.           2173

 1 related to student discipline, shall apply.  If a child is
 2 excluded from attending school, the superintendent or the
 3 superintendent's designee shall ensure that substitute
 4 educational activities or other appropriate assistance are
 5 provided, such as referral for appropriate intervention and
 6 treatment services, as determined by the principal in
 7 consultation with the appropriate school staff.
 8      (b)  For purposes of this section:
 9      (1)  "Dangerous weapon" means a dirk, dagger, butterfly
10           knife, blackjack, slug shot, billy, metal knuckles, or
11           other instrument whose sole design and purpose is to
12           inflict bodily injury or death; provided that firearms
13           are excluded from this definition;
14      (2)  "Illicit drugs" means substances, the possession,
15           distribution, ingestion, manufacture, sale, or delivery
16           of which are prohibited under chapter 329 and chapter
17           712, part IV; and
18      (3)  "Switchblade knife" is as defined in section 134-52.
19      (c)  Subsection (a)(2) shall not apply to offenses committed
20 with firearms.  Section 302A-1134(b) shall apply to offenses
21 committed with firearms.  For the purposes of this subsection,
22 "offenses" include alleged offenses."
23      SECTION 2.  This Act does not affect rights and duties that

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                                     S.B. NO.           2173

 1 matured, penalties that were incurred, and proceedings that were
 2 begun, before its effective date.
 3      SECTION 3.  Statutory material to be repealed is bracketed.
 4 New statutory material is underscored.
 5      SECTION 4.  This Act shall take effect upon its approval.
 7                           INTRODUCED BY:_________________________