Report Title:

Random Drug Tests; Public School Students

Description:

Requires random drug testing of public school students; specifies procedural requirements.

THE SENATE

S.B. NO.

1511

TWENTY-SECOND LEGISLATURE, 2003

 

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 random student drug testing pilot project in a school district it designates for this purpose. The board of education shall require random drug testing of students conducted in accordance with procedures established under chapter 329B, Hawaii Revised Statutes, of all public school children, using urinalysis or any other appropriate test as provided under chapter 329B, Hawaii Revised Statutes, for the purposes of this Act; provided further that if the test is positive, the principal may refer the student to a treatment program in accordance with section 2(a)(6) of this Act.

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

(1) Require a parent or guardian of a student enrolled in the public school participating in the pilot project to sign a consent form for drug testing prior to the commencement of each school year as a prerequisite to enrollment;

(2) Establish policies and procedures to ensure unbiased and accurate testing;

(3) Establish random unbiased student selection procedures;

(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;

(6) Provide free drug treatment services to a student if the parent or legal guardian has consented to drug testing prior to the commencement of the school year in which the student tested positive for drug use; provided that the drug treatment services shall not be free if the consent to test the student for drug use was given after the student has been found by the school to possess, sell, consume, or use illicit drugs; and

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

(b) If the parent or legal guardian of a child enrolled in a public school that is participating in the pilot project authorized under this Act refuses to consent to subjecting the parent or legal guardian's child to random drug testing, the board of education may adopt a procedure that will still enable the student to participate in school and school-sponsored activities; provided that the parent or legal guardian of the nonconsenting student shall submit a written statement to the school stating the parent or legal guardian's preference to not participate in the random student drug testing pilot project.

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

(d) 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 2004, 2005, and 2006, on the progress of the project.

SECTION 4. There is appropriated out of the general revenues of the State of Hawaii the sum of $ , or so much thereof as may be necessary for fiscal year 2003-2004, and the sum of $ , or so much thereof as may be necessary for fiscal year 2004-2005, for the random student drug testing pilot project.

The sum appropriated shall be expended by the department of education for the purposes of this Act.

SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 6. This Act shall take effect upon its approval; provided that section 4 shall take effect on July 1, 2003; and provided further that this Act shall be repealed on July 1, 2006.

INTRODUCED BY:

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