Report Title:

Education

Description:

Allows a teacher to exclude from the classroom any student who: (1) engages in conduct that violates the teacher's rules and policies, approved by the principal; and (2) assaults, threatens, abuses or intimidates a school employee or student. The student may be readmitted to the classroom if the principal determines the return is appropriate.

THE SENATE

S.B. NO.

2804

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

"302A- Authority of teachers to exclude violent or disruptive students. (a) A teacher may exclude from the teacher's classroom any student who:

(1) Engages in conduct that violates the teacher's classroom rules and policies, which have been approved by the principal, in such a way that it hinders the learning of other students;

(2) Assaults, threatens, abuses, or otherwise intimidates a school employee or another student.

(b) Any student excluded shall be placed under the control of the principal or the principal's designee. The student may be re-admitted to the classroom only when the principal, or the principal's designee, determines that it is appropriate to have the student return.

If the principal or the principal's designee determines that disciplinary action is warranted, discipline shall be in accordance with the rules of the public school system.

(c) If a student's dangerous or disruptive behavior persists, a teacher may request the exclusion of a student from the teacher's classroom in accordance with rules to be adopted by the public school system pursuant to chapter 91.

(d) The implementation of this section for students with a disability shall be in accordance with the department's rules and in conformance with the requirements of any applicable federal statutes or regulations pertaining to discipline of a disabled student.

(e) The public school system may adopt rules pursuant to chapter 91 necessary for purposes of this section."

SECTION 2. New statutory material is underscored.

SECTION 3. This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________

BY REQUEST