Report Title:

Voluntary Substance Abuse Rehabilitation School

Description:

Creates a voluntary substance abuse rehabilitation school as an alternative public or charter school to address drug and alcohol abuse in schools. Establishes the school structure, including eligibility requirements, program content, and operational parameters.

HOUSE OF REPRESENTATIVES

H.B. NO.

1245

TWENTY-SECOND LEGISLATURE, 2003

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO A VOLUNTARY SUBSTANCE ABUSE REHABILITATION SCHOOL.

 

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

SECTION 1. The legislature finds that substance abuse poses a major threat to Hawaii's residents, particularly its young people. While education is often cited as the key to the future, for a growing number of our children, this is a future that is ruined by drugs. The legislature further finds that drug treatment and prevention programs represent a more efficient use of resources than simple incarceration.

Accordingly, the purpose of this Act is to create a voluntary substance abuse rehabilitation school as a new type of public school. Under this new school, the public school system, in cooperation with public and private entities, can educate juvenile substance abusers and provide treatment that may prevent future incarceration and increased social costs to society.

SECTION 2. Chapter 302A, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"Part . VOLUNTARY SUBSTANCE ABUSE REHABILITATION SCHOOL

§302A-A Voluntary substance abuse rehabilitation school; establishment. The voluntary substance abuse rehabilitation school shall be created as either a new century charter school or a school operated by the department.

§302A-B Eligibility. (a) A child shall be eligible for enrollment in a voluntary substance abuse rehabilitation school if:

(1) The child is concurrently enrolled in a substance abuse rehabilitation program, including Alcoholics' Anonymous or Narcotics' Anonymous twelve-step programs;

(2) The child has a sponsor in that program;

(3) The child is diverted to the school pursuant to section 302A-1134.6(b) or (c);

(4) The child submits to substance abuse testing pursuant to section 302A-D; and

(5) The child makes a written commitment to abstain from all narcotics and alcohol.

(b) Continued eligibility shall be contingent on continued enrollment in a substance abuse rehabilitation program, continued attendance at regularly scheduled meetings of the program, submission to random substance abuse testing pursuant to section 302A-D, and parent attendance at regular weekly support meetings.

§302A-C Educational curriculum. The board or the department shall determine the minimum level of educational content of a voluntary substance abuse rehabilitation school pursuant to part IV, subpart D or section 302A-1128, respectively. The educational program at a voluntary substance abuse rehabilitation school shall meet the minimum requirements for high school graduation, but may include additional levels of educational content in its curriculum. A child, at any time, may elect to:

(1) Leave a voluntary substance abuse rehabilitation school to return to the child's original secondary school; or

(2) Remain in the voluntary substance abuse rehabilitation school in order to earn a high school diploma.

§302A-D Treatment content. (a) Testing for substance abuse shall be a part of the treatment program at a voluntary substance abuse rehabilitation school. At a minimum, testing shall be conducted on a random, twice-a-week basis. Also at a minimum, if a third positive test for substance abuse is determined, the child shall be dismissed from the voluntary substance abuse rehabilitation school.

(b) In addition to concurrent substance abuse rehabilitation program enrollment as required by section 302A-B, the voluntary substance abuse rehabilitation school shall offer electives centered around substance abuse rehabilitative programs. These programs shall include:

(1) "Adventure therapy" activities such as rock-climbing, rafting, backpacking, and hiking; and

(2) Mandatory group participation activities.

(c) The voluntary substance abuse rehabilitation school shall hold weekly support meetings for its students."

SECTION 3. Section 302A-1134.6, Hawaii Revised Statutes, is amended by amending subsections (b) and (c) to read as follows:

"(b) Any child who possesses, sells, consumes, or uses intoxicating liquor or illicit drugs, while attending school or while attending department-supervised activities held on or off school property, shall be offered the chance to enroll in a voluntary substance abuse rehabilitation school as established in part    . If the child elects not to enroll in that school, the child may be excluded from attending school for up to ninety-two school days, as determined by the principal and approved by the superintendent or other individuals designated pursuant to rules adopted by the board.

(c) Any child who reasonably appears to have consumed or used intoxicating liquor or illicit drugs prior to attending school or attending department-supervised activities held on or off school property, shall be offered the chance to enroll in a voluntary substance abuse rehabilitation school as established in part    . If the child elects not to enroll in that school, the child may be excluded from attending school for up to ninety-two school days, as determined by the principal and approved by the superintendent or other individuals designated pursuant to rules adopted by the board."

SECTION 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 5. In codifying the new sections added by section 2 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

SECTION 6. New statutory material is underscored.

SECTION 7. This Act shall take effect upon its approval.

INTRODUCED BY:

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