REPORT TITLE:
Zero Tolerance; Education


DESCRIPTION:
Amends the zero tolerance policy by allowing suspension of a
student who attends school or department-supervised activities,
whether on or off school premises, after consuming intoxicating
liquor. (CD1)

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


                   A  BILL  FOR  AN  ACT

RELATING TO EDUCATION.



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 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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 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 or
 
14 used intoxicating liquor or illicit drugs prior to or while
 
15 attending school or a department-supervised activity.
 
16      SECTION 2.  Chapter 302A, Hawaii Revised Statutes, is
 
17 amended by adding a new section to be appropriately designated
 
18 and to read as follows:
 
19      "302A-      Zero tolerance policy.  (a) Any child who
 
20 possesses, sells, or uses a dangerous weapon or switchblade
 
21 knife, while attending school or while attending department-
 
22 supervised activities held on or off school property, may be
 
23 excluded from attending school for up to ninety-two school days,
 

 
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 1 as determined by the principal and approved by the superintendent
 
 2 or other individuals designated pursuant to rules adopted by the
 
 3 board.
 
 4      (b)  Any child who possesses, sells, consumes, or uses
 
 5 intoxicating liquor or illicit drugs, while attending school or
 
 6 while attending department-supervised activities held on or off
 
 7 school property, may be excluded from attending school for up to
 
 8 ninety-two school days, as determined by the principal and
 
 9 approved by the superintendent or other individuals designated
 
10 pursuant to rules adopted by the board.
 
11      (c)  Any child who reasonably appears to have consumed or
 
12 used intoxicating liquor or illicit drugs prior to attending
 
13 school or attending department-supervised activities held on or
 
14 off school property, may be excluded from attending school for up
 
15 to ninety-two school days, as determined by the principal and
 
16 approved by the superintendent or other individuals designated
 
17 pursuant to rules adopted by the board.
 
18      (d)  In any case of exclusion from school, the due process
 
19 procedures as set forth in the provisions of Hawaii
 
20 administrative rules relating to student discipline shall apply.
 
21      (e)  If a child is excluded from attending school for more
 
22 than ten days, the superintendent or the superintendent's
 
23 designee shall ensure that substitute educational activities or
 

 
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 1 other appropriate assistance are provided, such as referral for
 
 2 appropriate intervention and treatment services, as determined by
 
 3 the principal in consultation with the appropriate school staff. 
 
 4      (f)  For purposes of this section:
 
 5      (1)  "Dangerous weapon" means a dirk, dagger, butterfly
 
 6           knife, blackjack, slug shot, billy, metal knuckles, or
 
 7           other instrument whose sole design and purpose is to
 
 8           inflict bodily injury or death; provided that firearms
 
 9           are excluded from this definition;
 
10      (2)  "Illicit drugs" means substances, the possession,
 
11           distribution, ingestion, manufacture, sale, or delivery
 
12           of which are prohibited under chapter 329 and chapter
 
13           712, part IV; and
 
14      (3)  "Switchblade knife" is as defined in section 134-52."
 
15      SECTION 3.  Section 302A-1134.5, Hawaii Revised Statutes, is
 
16 repealed.
 
17      "[302A-1134.5  Zero tolerance policy.(a)  Any child who
 
18 is found to be in possession of a dangerous weapon, switchblade
 
19 knife, intoxicating liquor, or illicit drugs while attending
 
20 school, may be excluded from attending school for up to ninety-
 
21 two school days, as determined by the principal and approved by
 
22 the superintendent or other individuals designated pursuant to
 
23 rules adopted by the board.  In any case of exclusion from
 

 
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 1 school, the due process procedures of the department adopted
 
 2 pursuant to chapter 91, shall apply to any child who is alleged
 
 3 to be in possession of a dangerous weapon, switchblade knife,
 
 4 intoxicating liquor, or illicit drugs while attending school;
 
 5 provided that if the exclusion is for less than ten days, the
 
 6 provisions of Hawaii administrative rules, title 8, chapter 19,
 
 7 related to student discipline, shall apply.  If a child is
 
 8 excluded from attending school, the superintendent or the
 
 9 superintendent's designee shall ensure that substitute
 
10 educational activities or other appropriate assistance are
 
11 provided, such as referral for appropriate intervention and
 
12 treatment services, as determined by the principal in
 
13 consultation with the appropriate school staff.
 
14      (b)  For purposes of this section:
 
15      (1)  "Dangerous weapon" means a dirk, dagger, butterfly
 
16           knife, blackjack, slug shot, billy, metal knuckles, or
 
17           other instrument whose sole design and purpose is to
 
18           inflict bodily injury or death; provided that firearms
 
19           are excluded from this definition;
 
20      (2)  "Illicit drugs" means substances, the possession,
 
21           distribution, ingestion, manufacture, sale, or delivery
 
22           of which are prohibited under chapter 329 and chapter
 
23           712, part IV; and
 

 
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 1      (3)  "Switchblade knife" is as defined in section 134-52.]"
 
 2      SECTION 4.  The board of education shall adopt rules in
 
 3 accordance with chapter 91, Hawaii Revised Statutes, to implement
 
 4 section 302A-     , Hawaii Revised Statutes.
 
 5      SECTION 5.  Notwithstanding section 2, until such time as
 
 6 the board of education has adopted rules pursuant to section 4,
 
 7 the superintendent, deputy superintendent, and district
 
 8 superintendent may exclude students from attending school for up
 
 9 to ninety-two school days for the infractions described in
 
10 section 302A-    , Hawaii Revised Statutes.
 
11      SECTION 6.  This Act does not affect rights and duties that
 
12 matured, penalties that were incurred, and proceedings that were
 
13 begun, before its effective date.
 
14      SECTION 7.  Statutory material to be repealed is bracketed.
 
15 New statutory material is underscored.
 
16      SECTION 8.  This Act shall take effect upon its approval.