Report Title:

Drug Testing; Public School Students

Description:

Establishes pilot project for drug testing of public school in grade 7 or higher of a public school when requested by parent or guardian. Directs department of education to obtain federal funds for testing and treatment.

HOUSE OF REPRESENTATIVES

H.B. NO.

2932

TWENTY-SECOND LEGISLATURE, 2004

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to education.

 

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

SECTION 1. The board of education shall establish a student drug testing pilot project in a departmental school district it designates for this purpose. At the request of a student's parent or guardian, the board of education shall require drug testing of any student in the seventh or a higher grade of a public school in the district designated for the pilot project, using appropriate tests and procedures pursuant to chapter 329B, Hawaii Revised Statutes, for the purposes of this Act; provided that if the test is positive, the principal may refer the student to a treatment program in accordance with section 2(a)(3) of this Act.

SECTION 2. (a) For purposes of the student drug testing under this Act, the department of education shall:

(1) Require a parent or guardian of a student enrolled in the seventh or a higher grade of a public school participating in the pilot project who wishes to have the student tested for drugs to sign a consent form for drug testing prior to the commencement of each school year;

(2) Provide free drug testing to students whose parents request it, including providing testing equipment or materials to the physician or other persons authorized by law or the rules of the department of health to perform drug tests;

(3) Provide free drug treatment services to a student who tests positive for drugs in a test conducted pursuant to the parent or guardian's request;

(4) Provide educators and other instructional staff with training on the effects of illicit drug use and how to recognize symptoms of illicit drug use;

(5) Maintain confidentiality of all records of testing, referral, and drug treatment; and

(6) Develop a mechanism for collecting, measuring, and reporting data to determine the effectiveness of the pilot project.

(b) This Act shall not be construed to restrict the board of education's or department of education's authority to enforce any of the powers granted to it under chapter 302A, Hawaii Revised Statutes.

(c) The board of education shall adopt rules in accordance with chapter 91 to implement this Act.

SECTION 3. The department of education shall report to the legislature not later than twenty days prior to the convening of the regular sessions of 2005, 2006, and 2007 on the progress of the project.

SECTION 4. The department of education shall seek federal grants or other funds for purposes of the student drug testing pilot project.

SECTION 5. This Act shall take effect upon its approval; provided that section 4 shall take effect on July 1, 2004; and provided further that this Act shall be repealed on July 1, 2007.

INTRODUCED BY:

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