Zero tolerance; education

Amends zero tolerance policy by allowing suspension of a student
who attends school or a department-supervised activities, whether
on or off school premises, after consuming intoxicating liquor.

THE SENATE                              S.B. NO.           S.D. 1
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            

                   A  BILL  FOR  AN  ACT



 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 arises from substance abuse, including the
11 consumption of alcohol, while on or off school campuses needs to
12 be addressed.
13      In 1996, the legislature adopted a zero tolerance policy
14 which provided that a principal may suspend a student who is
15 found to be in possession of a dangerous weapon, intoxicating
16 liquor, or illicit drugs.  The constitutionality of this act was
17 subsequently challenged in the case of James P. and Lucille P.
18 versus Paul LeMahieu and Robert Ginlack (Civil No. 99-00861 DAE
19 LEK).  In this case, a minor was suspended from school for
20 attending a school-related function, held off-campus, while under 

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                                     S.B. NO.           S.D. 1

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

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                                     S.B. NO.           S.D. 1

 1 activities held on or off school property, may be excluded from
 2 attending school for up to ninety-two school days, as determined
 3 by the principal and approved by the superintendent or other
 4 individuals designated pursuant to rules adopted by the board.
 5 In any case of exclusion from school, the due process procedures
 6 [of the department adopted pursuant to chapter 91,] as set forth
 7 in the provisions of Hawaii administrative rules, title 8,
 8 chapter 19, section 9, related to student discipline, shall apply
 9 to any child who is alleged to [be in possession of,] have sold
10 or used a dangerous weapon[,] or switchblade knife, or is alleged
11 have possessed, sold, consumed, or used intoxicating liquor[,] or
12 illicit drugs while attending school, or while attending
13 department-supervised activities held on or off school property;
14 provided that if the exclusion is for less than ten days, the
15 provisions of Hawaii administrative rules, title 8, chapter 19,
16 section 8, related to student discipline, shall apply.  If a
17 child is excluded from attending school, the superintendent or
18 the superintendent's designee shall ensure that substitute
19 educational activities or other appropriate assistance are
20 provided, such as referral for appropriate intervention and
21 treatment services, as determined by the principal in
22 consultation with the appropriate school staff."

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 1      SECTION 3.  This Act does not affect rights and duties that
 2 matured, penalties that were incurred, and proceedings that were
 3 begun, before its effective date.
 4      SECTION 4.  Statutory material to be repealed is bracketed.
 5 New statutory material is underscored.
 6      SECTION 5.  This Act shall take effect upon its approval.