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

(b)  Except as provided in subsection (f), anychild who possesses, sells, consumes, or uses intoxicating liquor or illegaldrugs, while attending school or while attending department-supervisedactivities held on or off school property, may be excluded from attendingschool for up to ninety-two school days, as determined by the principal andapproved by the superintendent or other individuals designated pursuant torules adopted by the board.

(c)  Except as provided in subsection (f), anychild who reasonably appears to have consumed or used intoxicating liquor orillegal drugs prior to attending school or attending department-supervisedactivities held on or off school property, may be excluded from attendingschool for up to ninety-two school days, as determined by the principal andapproved by the superintendent or other individuals designated pursuant torules adopted by the board.

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

(e)  If a child is excluded from attendingschool for more than ten days, the superintendent or the superintendent'sdesignee shall ensure that substitute educational activities or otherappropriate assistance are provided, such as referral for appropriateintervention and treatment services, as determined by the principal inconsultation with the appropriate school staff.

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

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

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

(A)  A substance abuse assessment has beencompleted; and

(B)  The child is progressing toward clinicaldischarge from any substance abuse treatment or substance abuse counselingrecommended by the substance abuse assessment;

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

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

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

In determining whether to allow the child toreturn to school early, the school administrator shall review and determine thenature and severity of the offense, the impact of the offense on others, theage 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 substanceabuse treatment program or substance abuse counseling, all records ofdisciplinary action relating to the original offense shall be expunged.  Forthe purposes of this paragraph, "expunged" means the records ofsubstance abuse assessment shall be segregated and kept confidential but shallbe 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 otherinstrument 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 areprohibited under chapter 329 and chapter 712, part IV.

"Switchblade knife" is as defined insection 134-52.

(h)  The board of education shall adopt rules in accordancewith 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 toninety-two school days until rules are adopted.  L 2000, c 274, §5.

 

Cross References

 

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