Haw. Code R. § 8-19-6 - Prohibited student conduct; class offenses

(a) The following prohibited conduct applies to all students in the public school system, on campus, or other department premises, on department transportation, or during a department sponsored activity or event on or off school property.

(1) Class A offenses:

(A) Assault;

(B) Bullying (for students in grades 9-12);

(C) Burglary;

(D) Cyberbullying (for students in grades 9-12);

(E) Dangerous instrument, or substance; possession or use of;

(F) Dangerous weapons; possession, or use of;

(G) Drug paraphernalia; possession, use, or sale of;

(H) Extortion;

(I) Fighting;

(J) Firearms; possession or use of;

(K) Harassment (for students in grades 9-12);

(L) Homicide;

(M) Illicit drugs; possession, use, or sale of;

(N) Intoxicating substances; possession, use, or sale of;

(O) Property damage or vandalism;

(P) Robbery;

(Q) Sexual assault;

(R) Sexual exploitation;

(S) Sexual harassment (for students in grades 5-12);

(T) Stalking; or

(U) Terroristic threatening.

(2) Class B offenses:

(A) Bullying (for students in grades K-8);

(B) Cyberbullying for students in grades K-8);

(C) Discrimination;

(D) Disorderly conduct;

(E) False alarm;

(F) Forgery;

(G) Gambling;

(H) Harassment (for students in grades K-8);

(I) Hazing;

(J) Inappropriate or questionable uses, or both of internet materials or equipment, or both;

(K) Retaliation;

(L) Sexual harassment (for students in grades K-4);

(M) Theft; or

(N) Trespassing.

(3) Class C offenses:

(A) Abusive language;

(B) Class cutting;

(C) Insubordination;

(D) Laser pen/laser pointer; possession or use of;

(E) Leaving campus without consent;

(F) Smoking or use of tobacco substances; or

(G) Truancy.

(4) Class D offenses:

(A) Contraband; possession or use of;

(B) Minor problem behaviors; or

(C) Other school rules.

(i) Any other conduct as may be prescribed and prohibited by school rules. Individual school rules shall be published or made available for inspection at the school office and shall inform students, school staff, and parents of the prohibited conduct under class A through D of this section.

(ii) No disciplinary action amounting to serious discipline shall be imposed for violation of any individual school rule as a class D offense.

(b) Any student who possesses a firearm shall be dismissed from school for not less than one calendar year period. The possession or use of a firearm is prohibited on campus, or other department premises, on department, or during a department sponsored activity or event on or off school property except for participation in athletic teams, clubs and/or Junior Reserve Officer Training Corp (JROTC) shooting sports programs and marksmanship training, education, and competitions. The superintendent or designee, on a case-by-case basis, may modify the dismissal of a student found to be in possession of a firearm. If a student is dismissed from school, that student shall be provided alternate educational activities or other appropriate assistance as provided in section 8-19-11.

(c) Any student who possesses, sells, or uses a dangerous weapon, switchblade knife or any improperly used knife, intoxicating substance(s), or illicit drug(s) while attending school may be excluded from attending school for up to ninety-two school days. Any student who reasonably appears to be under the influence of, have consumed or used intoxicating substance(s) or illicit drug(s) prior to attending school or attending department-supervised activities held on campus, or other department premises, on department transportation, or during a department sponsored activity or event on or off school property may be excluded from attending school for up to ninety-two school days and the school shall administer a substance use screening tool to determine whether there is a need for the student to be referred for a substance abuse assessment pursuant to section 302A-1134.6(f), Hawaii Revised Statutes. The school administrator shall comply with the provisions of this chapter by conducting an investigation of the reported incident and inform the parent of the disciplinary action. In addition, the school administrator shall arrange for the student to be screened by a trained screener. The designated screener will summarize the results with the student, and inform the school administrator of the results. The school administrator shall then inform the family of the screening results, the early return provisions of the law, and provide a contact list of medical insurance agencies that conduct substance abuse assessments. During the screening the student will be asked a series of questions to determine if the student is at low, high or very-high risk for a substance use problem. If the screening interview indicates high or very- high results, the student will be referred for a formal substance abuse assessment. A formal substance abuse assessment sences to provide expert clinical opinion to determine if a substance abuse problem exists, and if so, offer treatment recommendations. If referred for a substance abuse assessment, students with medical health insurance shall be asked to contact their medical health carrier to schedule an appointment. Professionals who can provide substance abuse assessments include certified substance abuse counselors (CSAC), psychiatrists, advanced practice registered nurses (APRN), psychologists, and licensed clinical social workers. The principal or designee can approve suspensions of one to ten school days. The complex area superintendent shall approve suspensions exceeding ten school days. In exercising this discretion and determining disciplinary actions, the principal or designee shall consider, the nature and severity of the offense, the impact of the offense on others, the age of the offender, and if the offender is a repeat offender. If the student is excluded from attending school, the principal or designee shall ensure that alternate educational activities or other appropriate student support assistance shall be provided, and that the student is referred for appropriate intervention or treatment services, or both, as determined by the principal or designee in consultation with the appropriate school staff or in accordance with the Hawaii administrative rules for students with disabilities, if applicable.

(d) Disciplinary action shall be taken for all class offenses in grades kindergarten through twelve in accordance with procedures established under this chapter and within the following options as determined by the authorities designated in section 8-19-5. Interventions to teach students appropriate behaviors must be instituted when disciplinary actions are imposed. Disciplinary action options may include the following:

(1) Correction and conference with student;

(2) Detention;

(3) Crisis removal;

(4) Individualized instruction related to student's problem behaviors;

(5) In-school suspension;

(6) Interim alternate education setting;

(7) Loss of privileges;

(8) Parent conferences;

(9) Time in office;

(10) Suspension of one to ten school days;

(11) Suspension of eleven or more school days;

(12) Saturday school;

(13) Disciplinary transfer;

(14) Referral to alternative education programs;

(15) Dismissal; or

(16) Restitution.

(e) Students shall be counseled in addition to any disciplinary action taken under subsections (c) and (d).

(f) No action amounting to serious discipline shall be imposed on students for committing class D offenses.

(g) No suspension or serious discipline shall be imposed on any student because of class cutting or truancy.

(h) The disciplinary action options of subsections (c) and (d) shall be construed as disciplinary actions within a school year.

(i) Disciplinary actions may be carried over to the following school year if the offense is committed within twenty school days from the last instructional day for students in that school year.

Notes

Haw. Code R. § 8-19-6

[Eff 9/1/82; am and ren § 8-19-5, 5/23/86; am and comp 7/19/93; am and comp 5/19/97, am and comp 2/22/01; am and comp 9/10/09] (Auth: HRS § 302A-1112) (Imp: HRS §§ 302A-1112, 302A-1134, 302A-1134.5) Am and comp 11/17/2019