§302A-1134.6  Zero tolerance policy. 
(a)  Any child who possesses, sells, or uses a dangerous weapon or switchblade
knife, while attending school or while attending department-supervised
activities held on or off school property, may be excluded from attending
school for up to ninety-two school days, as determined by the principal and
approved by the superintendent or other individuals designated pursuant to
rules adopted by the board.



(b)  Except as provided in subsection (f), any
child who possesses, sells, consumes, or uses intoxicating liquor or illegal
drugs, while attending school or while attending department-supervised
activities held on or off school property, may be excluded from attending
school for up to ninety-two school days, as determined by the principal and
approved by the superintendent or other individuals designated pursuant to
rules adopted by the board.



(c)  Except as provided in subsection (f), any
child who reasonably appears to have consumed or used intoxicating liquor or
illegal drugs prior to attending school or attending department-supervised
activities held on or off school property, may be excluded from attending
school for up to ninety-two school days, as determined by the principal and
approved by the superintendent or other individuals designated pursuant to
rules adopted by the board.



(d)  In any case of exclusion from school, the
due process procedures as set forth in the provisions of Hawaii administrative
rules relating to student discipline shall apply.



(e)  If a child is excluded from attending
school for more than ten days, the superintendent or the superintendent's
designee shall ensure that substitute educational activities or other
appropriate assistance are provided, such as referral for appropriate
intervention and treatment services, as determined by the principal in
consultation with the appropriate school staff.



(f)  A child determined to be in violation of
subsection (b) or (c) shall be subject to the department's disciplinary rules;
provided that:



(1)  The school shall administer a screening tool
approved by the department to determine whether there is a need for the child
to be referred for a substance abuse assessment;



(2)  The child shall be allowed to return to school
earlier than the department's original disciplinary determination; provided
that the child gives the school evidence of the following:



(A)  A substance abuse assessment has been
completed; and



(B)  The child is progressing toward clinical
discharge from any substance abuse treatment or substance abuse counseling
recommended by the substance abuse assessment;



(3)  If the substance abuse assessment finds that the
child does not need substance abuse treatment or substance abuse counseling,
the school may allow the child to return to school earlier than originally
indicated; provided that:



(A)  The child provides a certified copy of the
assessment; and



(B)  The child's parent or legal guardian
consents to the child and the child's family receiving follow-up counseling or
other student support services to be provided by the department.



In determining whether to allow the child to
return to school early, the school administrator shall review and determine the
nature and severity of the offense, the impact of the offense on others, the
age of the offender, and whether the offender is a repeat offender; and



(4)  For the child's first violation of subsection (b)
or (c), if the child provides evidence of clinical discharge from the substance
abuse treatment program or substance abuse counseling, all records of
disciplinary action relating to the original offense shall be expunged.  For
the purposes of this paragraph, "expunged" means the records of
substance abuse assessment shall be segregated and kept confidential but shall
be destroyed upon graduation of the child.



(g)  For purposes of this section:



"Dangerous weapon" means a dirk,
dagger, butterfly knife, blackjack, slug shot, billy, metal knuckles, or other
instrument whose sole design and purpose is to inflict bodily injury or death;
provided that firearms are excluded from this definition.



"Illegal drugs" means the possession,
distribution, ingestion, manufacture, sale, or delivery of substances which are
prohibited under chapter 329 and chapter 712, part IV.



"Switchblade knife" is as defined in
section 134-52.



(h)  The board of education shall adopt rules in accordance
with chapter 91 to implement this section. [L 2000, c 274, §§2,
4; am L 2004, c 44, §14; am L 2005, c 213, §§2, 5; am L 2006, c 205, §4(1), (2)]



 



Note



 



  Students may be excluded from attending school for up to
ninety-two school days until rules are adopted.  L 2000, c 274, §5.



 



Cross References



 



  Self-administration of medication by student and emergency
administration permitted, see §302A-1164.