REPORT TITLE:
Schools; Zero tolerance policy


DESCRIPTION:
Amends zero tolerance policy by allowing suspension of a student
who attends school or a school function while under the influence
of intoxicating liquor.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           2534
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO ZERO TOLERANCE POLICY.



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

 1      SECTION 1.  The legislature finds that the primary duty of
 
 2 school officials and teachers is the education and training of
 
 3 our youths.  The legislature further finds that the rapid
 
 4 increase in the number of disruptive students in our public
 
 5 schools is having a detrimental effect on those students seeking
 
 6 a quality education.  Without first establishing discipline and
 
 7 maintaining order, teachers cannot begin to educate our children.
 
 8 The legislature believes that to ensure that schools remain a
 
 9 safe and conducive place of learning, the problem of student
 
10 discipline that arise from substance abuse, including the
 
11 consumption of alcohol, on school campuses need to be addressed.
 
12      In 1996, the legislature adopted a zero tolerance policy
 
13 which provided that a principal may suspend a student who is
 
14 found to be in possession of a dangerous weapon, intoxicating
 
15 liquor, or illicit drugs.  The constitutionality of this act was
 
16 subsequently challenged in the case of James P. and Lucille P.
 
17 versus Paul LeMahieu and Robert Ginlack (Civil No. 99-00861 DAE
 
18 LEK).  In this case, a minor was suspended from school for
 
19 attending a school-related function, held off-campus, while under
 
20 the influence of alcohol.  The federal district court granted the 
 

 
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 1 plaintiff's request for an injunction because the court reasoned
 
 2 that Act 90, Session Law of Hawaii 1996, only prohibited the
 
 3 "possession of...intoxicating liquor...while attending school."
 
 4 The court further stated that the defendants did not have
 
 5 evidence of a statutory violation since the minor did not
 
 6 "possess intoxicating liquor while attending school" even if he
 
 7 did drink liquor prior to the school event.  At worse, the minor
 
 8 was guilty of being intoxicated at a school function, which is
 
 9 not covered by the statute.
 
10      Therefore, the purpose of this Act is to expand the scope of
 
11 the zero tolerance policy by allowing a principal to suspend a
 
12 student once it has been determined that the student consumed a
 
13 measurable amount of alcohol prior to or while attending school
 
14 or a school-related function.
 
15      SECTION 2.  Section 302A-1134.5, Hawaii Revised Statutes, is
 
16 amended to read as follows:
 
17      "�302A-1134.5  Zero tolerance policy.(a)  Any child who is
 
18 found to :
 
19      (1)  be in possession of a dangerous weapon,switchblade
 
20           knife, intoxicating liquor, or illicit drugs; or
 
21      (2)  have consumed a measurable amount of alcohol,
 
22 while attending school or a school-related function, may be
 
23 excluded from attending school for up to ninety-two school days,
 

 
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                                     S.B. NO.           2534
                                                        
                                                        

 
 1 as determined by the principal and approved by the superintendent
 
 2 or other individuals designated pursuant to rules adopted by the
 
 3 board.  In any case of exclusion from school, the due process
 
 4 procedures [of the department adopted pursuant to chapter 91,] as
 
 5 set forth in the provisions of Hawaii administrative rules, title
 
 6 8, chapter 19, section 9, related to student disciple, shall
 
 7 apply to any child who is alleged to be in possession of a
 
 8 dangerous weapon, switchblade knife, intoxicating liquor, or
 
 9 illicit drugs, or is alleged to have consumed a measurable amount
 
10 of alcohol while attending school or a school-related function;
 
11 provided that if the exclusion is for less than ten days, the
 
12 provisions of Hawaii administrative rules, title 8, chapter 19,
 
13 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)  For purposes of this section:
 
21      (1)  "Dangerous weapon" means a dirk, dagger, butterfly
 
22           knife, blackjack, slug shot, billy, metal knuckles, or
 
23           other instrument whose sole design and purpose is to
 

 
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 1           inflict bodily injury or death; provided that firearms
 
 2           are excluded from this definition;
 
 3      (2)  "Illicit drugs" means substances, the possession,
 
 4           distribution, ingestion, manufacture, sale, or delivery
 
 5           of which are prohibited under chapter 329 and chapter
 
 6           712, part IV; [and]
 
 7      (3)  "Switchblade knife" is as defined in section 134-52[.];
 
 8           and
 
 9      (4)  "Measurable amount of alcohol" is as defined in section
 
10           291-4.3."
 
11      SECTION 2.  Statutory material to be repealed is bracketed.
 
12 New statutory material is underscored.
 
13      SECTION 3.  This Act shall take effect upon its approval.
 
14 
 
15                           INTRODUCED BY:_________________________