Report Title:

Random Drug Tests; Public School Students

Description:

Provides for random drug testing of public school students whose parents or legal guardians have consented; specifies procedural requirements.

THE SENATE

S.B. NO.

2512

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 random student drug testing pilot project in a departmental school district it designates for this purpose. The board of education shall require random drug testing of all public school students in the school 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)(7) 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 a 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 and participation in school and school-related activities;

(2) Permit a child whose parent or legal guardian has refused to sign a consent form for drug testing to enroll in a public school that is participating in the pilot project authorized under this Act but require that refusal to be in writing and deny the student participation in activities outside the classroom, other than those without which the student cannot fulfill the requirements of a particular class or advance to the next grade level;

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

(4) Establish random unbiased student selection procedures;

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

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

(7) 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

(8) 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 or the 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. 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 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. 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:

_____________________________