Haw. Code R. § 8-57-8 - Procedures applicable to negligence

(a) The principal or designee may conduct or order an investigation of the negligent loss, destruction, breakage or damage of school books, equipment, or supplies.

(b) If the negligence is an act which subjects the student to disciplinary action under chapter 8-19, the principal or designee shall include as part of the investigation required under sections 8-19-7, 8-19-8, and 8-19-9, a determination of the facts and circumstances that support restitution under this chapter. Further action related to restitution shall be held in abeyance until disciplinary action has been determined and appeal procedures exhausted.

(c) In the absence of force, duress, or coercion, when a student voluntarily admits liability and agrees to make restitution for equipment, supplies or school books, the principal or designee shall provide an explanation of due process procedures such as the right to a conference. The school shall inform the parent or guardian of the student's admission by telephone or in writing, personally delivered or mailed.

(d) If the principal or designee has reasonable cause to believe that a student is responsible for the negligent loss, destruction, breakage or damage of school books, equipment, or supplies, and the student does not voluntarily admit liability nor agree to make restitution, the principal or designee shall schedule a conference with the student and parent.

(e) Advance written notice of the conference shall be made on departmental forms which shall be delivered by mail to the student and parent. The notice shall inform them of the charges and the date, time, and location of the conference. The notice shall be mailed at least fifteen days before the conference. When necessary to achieve effective communication, the notice shall be provided in the native language of the parent. The principal or designee may use other means of communication, such as the telephone, to augment the written communication between the school and the student and parent.

(1) The parent shall respond to the notice within seven days from the date of the notice.

(2) The conference date provided for in the notice may be rescheduled if the parent contacts the principal or designee to arrange for a new conference date. The request to reschedule the conference shall be made within seven days of the date of notice.

(3) The conference may be waived by the parent and an informal settlement reached. In that event, a written agreement for restitution shall be executed between the parent and the principal or designee.

(4) If the conference is waived, the parent shall be informed that a notice and an opportunity to be heard at a conference with the principal or designee was given to the parent and that the opportunity to be heard was waived by the parent.

(f) If the parent fails to respond to the notice within the time limit, the principal or designee may:

(1) Reschedule the conference date if it determines that the failure to respond was for good cause or if it is in the best interest of the school or student; or

(2) Make a determination of the liability and the restitution required and inform the parent in writing that:

(A) A notice was given for an opportunity to be heard at a conference with the principal or designee;

(B) Due to the failure to respond to the notice, a determination was made of the liability and restitution required;

(C) The restitution required; and

(D) The matter may be referred to the district superintendent for further action if restitution agreement is not executed within seven days of being informed of the restitution required.

(g) The conference shall be conducted in the following manner:

(1) The principal or designee shall present the findings of the investigation to the student and parent.

(2) If the student and parent agree with the determination of liability made by the principal or designee, a restitution proposal designed by the principal or designee shall be executed in the form of a written agreement on departmental forms by the principal or designee, the student and the parent. The agreement shall specify the manner in which restitution shall be completed.

(3) When restitution is completed in accordance with an executed agreement, all records and documents regarding the investigation and the conference shall be maintained at the school for three years. No information about the charges, conference and the actions taken shall be communicated to any person not directly involved in the proceeding.

(4) If a written agreement is executed and the parent or student fails to comply with the terms of the agreement, the principal or designee may forward the matter to the district superintendent. The district superintendent shall review the matter and take appropriate action, which may include referral to the attorney general for further action.

(5) If the student and parent do not agree with the findings made by the principal or designee, the principal or designee shall transmit all the records and documents regarding the investigation and conference to the district superintendent who shall review the matter and take appropriate action, which may include referral of the matter to the attorney general for further action.

Notes

Haw. Code R. § 8-57-8

[Eff 10/5/2000] (Auth: §§ 302A-112, 302A-1130) (Imp: § 302A-1130)