THE SENATE

S.C.R. NO.

50

TWENTY-SECOND LEGISLATURE, 2004

 

STATE OF HAWAII

 
   


SENATE CONCURRENT

RESOLUTION

 

urging the department of education to ensure full compliance with that portion of the administrative rules that calls for "appropriate intervention and treatment services" for students excluded from school due to "possession of a dangerous weapon, switchblade knife, intoxicating liquor, or illicit drugs".

 

WHEREAS, the administrative rules of the Department of Education (chapter 8-19, Hawaii Administrative Rules) indicate that "any student found to be in possession of a dangerous weapon, switchblade knife, intoxicating liquor, or illicit drugs may be excluded from attending school for up to ninety-two school days, as determined by the principal and approved by the superintendent"; and

WHEREAS, according to the letter of the rule, such exclusion is optional, not mandatory; and

WHEREAS, traditionally, principals almost always exercise the option to exclude in these cases; and

WHEREAS, such exclusion may be in keeping with the spirit of the rule:

(1) To enhance the safety and well-being of other students and staff members; and

(2) Teach the offending youth that there are serious consequences for anti-social behavior; and

WHEREAS, an exclusively punitive approach, however, will not address the underlying problems that manifested themselves in anti-social behavior; and

WHEREAS, the administrative rules of the Department of Education further require that excluded students be provided "substitute educational activities or other appropriate assistance" and referral to "appropriate intervention and treatment services"; and

WHEREAS, this mandate that students be "referred for appropriate intervention and treatment services" often goes unheeded; and

WHEREAS, the spirit and letter of this aspect of the administrative rules represents a laudable effort to address the commonly found developmental difficulties of excluded students that are manifesting themselves in anti-social behavior and should be heeded; now, therefore,

BE IT RESOLVED by the Senate of the Twenty-Second Legislature of the State of Hawaii, Regular Session of 2004, the House of Representatives concurring, that the Department of Education is urged to ensure full compliance with that portion of the administrative rules that calls for "appropriate intervention and treatment services" for students excluded from school due to "possession of a dangerous weapon, switchblade knife, intoxicating liquor, or illicit drugs"; and

BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Chair of the Board of Education and Superintendent of Education.

 

 

 

OFFERED BY:

_____________________________

Report Title:

DOE; Excluded Students; Administrative Rules; Appropriate Intervention and Treatment Services