reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 12 - COMPULSORY ATTENDANCE EXCEPTIONS › Section 8-12-13 - Notification of intent to home school

Current through June, 2024
(a) The parent
				  shall provide the local public school principal with a notice of intent to home
				  educate the child before initiating home schooling. The purpose of notification
				  is to allow the department, upon request of the parent, to assist in the
				  educational efforts. The notice of intent may be submitted on a department
				  developed form (Form 4140) or in a letter containing the following items:
(1) Name, address, and telephone number of
				  the child;
(2) Birthdate and grade
				  level of the child; and
(3)
				  Signature of the parent.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 12 - COMPULSORY ATTENDANCE EXCEPTIONS › Section 8-12-14 - Required statutory services

Current through June, 2024
All educational and related services statutorily mandated
					 shall be made available at the home public school site to home-schooled
					 children who have been evaluated and certified as needing educational and
					 related services and who request the services.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 12 - COMPULSORY ATTENDANCE EXCEPTIONS › Section 8-12-15 - Record of curriculum

Current through June, 2024
The parent submitting a notice of intent to home school
					 shall keep a record of the planned curriculum for the child. The curriculum
					 shall be structured and based on educational objectives as well as the needs of
					 the child, be cumulative and sequential, provide a range of up-to-date
					 knowledge and needed skills, and take into account the interests, needs and
					 abilities of the child. The record of the planned curriculum should include the
					 following:
(1) The commencement date
				  and ending date of the program;
(2)
				  A record of the number of hours per week the child spends in
				  instruction;
(3) The subject areas
				  to be covered in the planned curriculum:
(A)
				  An elementary school curriculum may include the areas of language arts,
				  mathematics, social studies, science, art, music, health and physical education
				  to be offered at the appropriate development stage of the child;
(B) A secondary school curriculum may include
				  the subject areas of social studies, English, mathematics, science, health,
				  physical education and guidance.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 12 - COMPULSORY ATTENDANCE EXCEPTIONS › Section 8-12-16 - Notification of termination of home schooling

Current through June, 2024
The parent shall notify the principal if home schooling is
					 terminated. A child shall be re-enrolled in the local public school or licensed
					 private school unless a new alternative educational program is presented within
					 five school days after the termination of home schooling.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 12 - COMPULSORY ATTENDANCE EXCEPTIONS › Section 8-12-17 - Educational neglect

Current through June, 2024
If there is reasonable cause for the principal to believe
					 that there is educational neglect, the department in compliance with §
										302A-1132,
					 Hawaii Revised Statutes, shall intervene and take appropriate action in
					 accordance with established departmental procedures. Reasonable cause for
					 educational neglect shall not be based on the refusal of parents to comply with
					 any requests which exceed the requirements of this chapter.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 12 - COMPULSORY ATTENDANCE EXCEPTIONS › Section 8-12-18 - Testing and progress reports of home-schooled children

Current through June, 2024
(a)
				  Test scores shall be required for grades identified in the Statewide Testing
				  Program, grades three, five, eight, and ten. A child is eligible to participate
				  in the Statewide Testing Program at the local public school. The parent is
				  responsible for securing necessary details from the principal of the local
				  public school. The parent may elect to arrange for private testing at the
				  parent's own expense. The tests used shall be comparable to the appropriate
				  criterion or norm-referenced tests used by the department in the grades
				  concerned. The parent may request and the principal may approve other means of
				  evaluation to meet the Statewide Testing Program requirements.
(b) The parent shall submit to the principal
				  an annual report of a child's progress. One of the following methods shall be
				  used to demonstrate satisfactory progress:
(1) A score on a nationally-normed
				  standardized achievement test which demonstrates grade level achievement
				  appropriate to a child's age;
(2)
				  Progress on a nationally-normed standardized achievement test that is
				  equivalent to one grade level per calendar year, even if the overall
				  achievement falls short of grade level standards;
(3) A written evaluation by a person
				  certified to teach in the State of Hawaii that a child demonstrates appropriate
				  grade level achievement or significant annual advancement commensurate with a
				  child's abilities; or
(4) A written
				  evaluation by the parent which shall include:
(A) A description of the child's progress in
				  each subject area included in the child's curriculum;
(B) Representative samples of the child's
				  work; and
(C) Representative tests
				  and assignments including grades for courses if grades are given.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 12 - COMPULSORY ATTENDANCE EXCEPTIONS › Section 8-12-21 - High school diploma for home-schooled children

Current through June, 2024
(a) A
				  home-schooled child who wants to earn a high school diploma from the local
				  public high school shall attend high school for a minimum of three full years
				  and meet the credit requirements for graduation.
Satisfactory performance on the Hawaii State Test of
					 Essential Competencies (HSTEC) is also required.
(b) A home-schooled child who wants to earn a
				  high school diploma from the community school for adults shall meet the
				  following requirements:
(1) Be at least
				  sixteen years of age, except in the case of emancipated minors;
(2) Have been home-schooled for at least one
				  semester under Hawaii's home-schooling procedures; and
(3) Take and achieve a satisfactory score on
				  the General Educational Development (GED) test.
The diploma shall be awarded by the community school for
					 adults.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 12 - COMPULSORY ATTENDANCE EXCEPTIONS › Section 8-12-22 - College entrance examination and home-schooled children

Current through June, 2024
A child who is being home schooled may participate in any
					 college entrance examination which is made available to all other students. The
					 principal of the local public high school shall, upon request, supply written
					 acknowledgement that a child has been home schooled in compliance with the
					 requirements of this chapter."
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 13 - GEOGRAPHICAL EXCEPTIONS › Section 8-13-1 - Philosophy

Current through June, 2024
Under Hawaii's laws, all persons of school age are required
					 to attend the school in the geographic area in which they reside. However,
					 permission to attend another school may be granted by the department as
					 provided in this chapter, with the welfare of the student as a major
					 consideration. When a student is granted a geographic exception, the student
					 shall belong to the receiving school and shall enjoy all rights and privileges
					 as are enjoyed by other students at the receiving school except as provided in
					 this chapter.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 13 - GEOGRAPHICAL EXCEPTIONS › Section 8-13-2 - Definitions

Current through June, 2024
As used in this chapter:
"Applicant"
means the parents, legal
					 guardian or other legal custodian authorized to represent the student or an
					 eighteen year old student who wishes to apply for a geographic
					 exception.
"Department"
means the department of
					 education.
"Exceptional student"
means any student
					 who is found eligible for special education and related services.
"Geographic exception"
means permission to
					 attend a school other than the student's home school as determined by the
					 student's legal residence.
"Home school"
means the school within the
					 geographic attendance area which the student shall attend according to the
					 student's legal residence.
"Home school district"
means the school
					 district in which the student's home school is located.
"Legal residence"
means the residence of
					 the student's parent(s), legal guardian, or legal custodian. The department
					 shall presume that the student resides with the parents or legal guardian. In
					 the event the student's parents do not reside together in the same school
					 district, the department may presume that the student resides in the school
					 district in which either parent resides. The applicant wishing to rebut the
					 presumption has the burden of proving the student's residence.
"Physical residence"
means where the
					 student actually resides.
"Receiving school"
means the school
					 outside the geographic area of the student's legal residence.
"Revocation"
means the return of a student
					 attending a school on a geographic exception to the student's home
					 school.
"School district"
means a group of schools
					 administered by a district superintendent.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 13 - GEOGRAPHICAL EXCEPTIONS › Section 8-13-3 - Applicability

Current through June, 2024
No geographic exception or revocation of geographic
					 exception shall be granted except in accordance with this chapter. The
					 placement of an exceptional student, under the provisions of chapter 8-56,
					 shall not require a geographic exception. This chapter does not apply to
					 "McKinney-Vento Homeless Education Assistance Improvements Act of 2001"
					 eligible students (i.e., homeless students), unless they seek enrollment at a
					 school other than the school of origin or the home school.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 13 - GEOGRAPHICAL EXCEPTIONS › Section 8-13-4 - Authority

Current through June, 2024
(a) After communicating with the home school
				  principal, the principal of the receiving school shall approve or disapprove
				  geographic exceptions based on established criteria and procedures consistent
				  with this chapter. The geographic exception shall be approved based on the
				  ability of a school to accommodate the request.
(b) The district superintendent of the
				  receiving school may revoke a geographic exception based on procedures
				  consistent with this chapter.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 13 - GEOGRAPHICAL EXCEPTIONS › Section 8-13-5 - Duration of geographic exception

Current through June, 2024
Geographic exceptions shall be granted through the
					 student's terminal year. All students on a district exception during school
					 year 1991-92 shall be granted a geographic exception through the student's
					 terminal year at the receiving school. The applicant shall notify the receiving
					 school of the intent to discontinue attendance at the receiving school on a
					 form provided by the department.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 13 - GEOGRAPHICAL EXCEPTIONS › Section 8-13-6 - Notification

Current through June, 2024
The department shall inform the applicant of the procedure
					 to request a geographic exception under this chapter and shall make available a
					 copy of Chapter 13, "Geographic Exceptions," to the applicant upon
					 request.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 13 - GEOGRAPHICAL EXCEPTIONS › Section 8-13-7 - Application procedure

Current through June, 2024
(a) The geographic
				  exception process commences in January for the following school year.
				  Applications for exceptions shall be submitted between January 1 and March 1 to
				  facilitate a decision before the end of the school year. However, applications
				  shall be accepted at other time periods whenever unforeseen circumstances
				  arise, for example, transferring into the school system and opting to pursue a
				  program of study offered in another geographic area.
(b) The applicant shall initiate and complete
				  action for a geographic exception by:
(1)
				  Obtaining the application form from any public school;
(2) Explaining on the form the reasons for
				  the geographic exception and attaching substantiating documentation;
				  and
(3) Submitting the completed,
				  signed form to the home or receiving school.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 13 - GEOGRAPHICAL EXCEPTIONS › Section 8-13-8 - Appeal procedure

Current through June, 2024
(a) An applicant
				  may appeal the denial of a geographic exception by filing a request within ten
				  school days of the postmarked date on the denial, for a review by the district
				  superintendent of the receiving school. The form for appealing the denial of a
				  geographic exception request shall be attached to the notification of
				  denial.
(b) The district
				  superintendent of the receiving school shall review the appeal in consultation
				  with the home school district superintendent.
(c) The receiving school district
				  superintendent shall render a written decision within ten school days of the
				  postmarked date of the filing for appeal. The decision of the receiving school
				  district superintendent shall be final.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 13 - GEOGRAPHICAL EXCEPTIONS › Section 8-13-9 - Grounds for revocation

Current through June, 2024
The district superintendent of the receiving school may
					 revoke a geographic exception if the information upon which a geographic
					 exception was granted is found to have been false.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 13 - GEOGRAPHICAL EXCEPTIONS › Section 8-13-10 - Revocation of Geographic exception

Current through June, 2024
(a) The home school
				  principal or receiving school principal may recommend in writing to the
				  receiving school district superintendent the revocation of a geographic
				  exception.
(b) The receiving school
				  district superintendent shall initiate revocation proceedings by providing
				  written notification to the applicant, return receipt requested. The notice
				  shall contain the following:
(1) The reasons
				  for revoking the geographic exception;
(2) A statement regarding the effective date
				  of the recommended revocation. The date shall not be less than eighteen school
				  days after the date the notice is mailed. If a conference is requested, the
				  effective date shall be extended to the last day the receiving school district
				  superintendent has to render a written decision;
(3) A statement that the applicant has a
				  right to request a conference with the receiving school district superintendent
				  to discuss the reasons for the geographic exception and the reasons for
				  revocation;
(4) A statement that
				  the conference with the district superintendent shall be requested in writing;
				  and
(5) A statement that unless a
				  conference is requested by a date specified in the notice, not less than five
				  school days after the notice is mailed, the recommended revocation of the
				  receiving school principal shall be implemented without a conference.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 19 - STUDENT MISCONDUCT, DISCIPLINE, SCHOOL SEARCHES AND SEIZURES, REPORTING OFFENSES, POLICE INTERVIEWS AND ARRESTS, RESTITUTION FOR VANDALISM, AND COMPLAINT PROCEDURE AND INVESTIGATION OF DISCRIMINATION, HARASSMENT (INCLUDING SEXUAL HARASSMENT), BULLYING AND/OR RETALIATION › Subchapter 1 - GENERAL PROVISIONS › Section 8-19-1 - Philosophy

Current through June, 2024
(a) Hawaii has established and supports a
					 statewide system of public education. The compulsory nature of school
					 attendance ensures that a student shall have the opportunity for an education.
					 In addition to the education provided during the regular school year, the
					 department offers students the opportunity to receive additional instruction
					 and educational services through a self-supporting summer school program on a
					 voluntary attendance basis. The department is committed to:
(1) Provide the student with optimal learning
					 conditions;
(2) Select appropriate
					 teachers for the student's instruction; and
(3) Other programs that will help the student
					 to succeed.
In 1996, the department initiated a collaborative and
						systemic reform known as the Comprehensive Student Support System (CSSS), which
						provides a continuum of academic, social, emotional, and physical environmental
						supports and services to all students to facilitate their learning and their
						meeting of high educational standards. It is a CSSS community of caring and
						supportive relationships among students, teachers, families, and agencies
						working together that promote timely and appropriate services for all students.
						The goal of the school system is to provide a learning experience in safe,
						caring, nurturing, and orderly teaching and learning
						environments.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 19 - STUDENT MISCONDUCT, DISCIPLINE, SCHOOL SEARCHES AND SEIZURES, REPORTING OFFENSES, POLICE INTERVIEWS AND ARRESTS, RESTITUTION FOR VANDALISM, AND COMPLAINT PROCEDURE AND INVESTIGATION OF DISCRIMINATION, HARASSMENT (INCLUDING SEXUAL HARASSMENT), BULLYING AND/OR RETALIATION › Subchapter 1 - GENERAL PROVISIONS › Section 8-19-3 - Applicability

Current through June, 2024
(a) The provisions of this chapter shall
					 apply to all students enrolled in a public school during the regular school
					 year, summer session, or intersessions regardless of age with the addition
					 that, outside of the hours when school is in session, boarding students are
					 subject to the dormitory rules developed by the school and agreed upon through
					 written consent by the parent(s) or legal guardian(s) of boarding
					 students.
(b) The Hawaii
					 administrative rules for students with disabilities shall apply in the
					 discipline of students who are eligible to receive special education or other
					 services under those chapters.
(c)
					 References to principal or designee in subchapter
					 2 shall be construed to include summer
					 school director for purposes of discipline in summer school. References to
					 school year in this chapter shall be construed to mean summer session whenever
					 summer school applies.
(d)
					 Discipline during intersessions and in summer school shall be governed by
					 subchapter
					 3. Discipline of students who receive
					 special education services during an extension of the student's school year
					 shall be governed by subchapter
					 2 and the guidelines and requirements
					 of the Hawaii administrative rules for students with disabilities.
(e) In all cases of student-related
					 administrative actions and reporting, chapter
					 8-34 shall apply. In addition, for
					 students who receive special education services, the Hawaii administrative
					 rules for students with disabilities shall prevail.
(f) No action relating to suspension, serious
					 discipline, or restitution for vandalism or negligence shall be taken except in
					 accordance with this chapter.
(g)
					 All matters relating to police interviews or arrests, or both, of students
					 shall be administered in accordance with this chapter.
(h) For conduct by adult(s) towards
					 student(s) based on the student(s)' protected class, refer to chapter 8-89 for
					 guidance.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 19 - STUDENT MISCONDUCT, DISCIPLINE, SCHOOL SEARCHES AND SEIZURES, REPORTING OFFENSES, POLICE INTERVIEWS AND ARRESTS, RESTITUTION FOR VANDALISM, AND COMPLAINT PROCEDURE AND INVESTIGATION OF DISCRIMINATION, HARASSMENT (INCLUDING SEXUAL HARASSMENT), BULLYING AND/OR RETALIATION › Subchapter 1 - GENERAL PROVISIONS › Section 8-19-4 - Severability

Current through June, 2024
If any provision of this chapter or the application
						thereof to any person or circumstance is held invalid, the invalidity does not
						affect other provisions or applications of the chapter that can be given effect
						without the invalid provision or application, and to this end, the provisions
						of this chapter are severable.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 19 - STUDENT MISCONDUCT, DISCIPLINE, SCHOOL SEARCHES AND SEIZURES, REPORTING OFFENSES, POLICE INTERVIEWS AND ARRESTS, RESTITUTION FOR VANDALISM, AND COMPLAINT PROCEDURE AND INVESTIGATION OF DISCRIMINATION, HARASSMENT (INCLUDING SEXUAL HARASSMENT), BULLYING AND/OR RETALIATION › Subchapter 1 - GENERAL PROVISIONS › Section 8-19-4.1 - Student's right to privacy

Current through June, 2024
(a) Information
					 relating to complaints, investigations, and reports shall remain confidential
					 and will only be shared with appropriate individuals necessary to complete the
					 investigation and decision making process.
(b) Identifiable information regarding a
					 student will not be disclosed without notice to the student's parent or legal
					 guardian.
(c) Investigation records
					 shall be maintained by the department separate from educational records.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 19 - STUDENT MISCONDUCT, DISCIPLINE, SCHOOL SEARCHES AND SEIZURES, REPORTING OFFENSES, POLICE INTERVIEWS AND ARRESTS, RESTITUTION FOR VANDALISM, AND COMPLAINT PROCEDURE AND INVESTIGATION OF DISCRIMINATION, HARASSMENT (INCLUDING SEXUAL HARASSMENT), BULLYING AND/OR RETALIATION › Subchapter 2 - STUDENT MISCONDUCT AND DISCIPLINE DURING THE REGULAR SCHOOL YEAR › Section 8-19-5 - Disciplinary actions; authority

Current through June, 2024
(a) Suspensions
					 exceeding ten school days or suspensions that will result in the student being
					 suspended more than a total of ten school days in any single semester,
					 disciplinary transfers, dismissals, and extension of crisis removals shall be
					 approved by complex area superintendent.
(b) Crisis removals and suspensions of ten
					 school days or less may be approved by the principal or designee.
(c) In determining disciplinary actions, the
					 principal or designee shall consider the intention of the offender, the nature
					 and severity of the offense, the impact of the offense on others including
					 whether the action was committed by an individual or a group of individuals
					 such as a gang, the age of the offender, and if the offender was a repeat
					 offender.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 19 - STUDENT MISCONDUCT, DISCIPLINE, SCHOOL SEARCHES AND SEIZURES, REPORTING OFFENSES, POLICE INTERVIEWS AND ARRESTS, RESTITUTION FOR VANDALISM, AND COMPLAINT PROCEDURE AND INVESTIGATION OF DISCRIMINATION, HARASSMENT (INCLUDING SEXUAL HARASSMENT), BULLYING AND/OR RETALIATION › Subchapter 2 - STUDENT MISCONDUCT AND DISCIPLINE DURING THE REGULAR SCHOOL YEAR › Section 8-19-6 - Prohibited student conduct; class offenses

Current through June, 2024
(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.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 19 - STUDENT MISCONDUCT, DISCIPLINE, SCHOOL SEARCHES AND SEIZURES, REPORTING OFFENSES, POLICE INTERVIEWS AND ARRESTS, RESTITUTION FOR VANDALISM, AND COMPLAINT PROCEDURE AND INVESTIGATION OF DISCRIMINATION, HARASSMENT (INCLUDING SEXUAL HARASSMENT), BULLYING AND/OR RETALIATION › Subchapter 2 - STUDENT MISCONDUCT AND DISCIPLINE DURING THE REGULAR SCHOOL YEAR › Section 8-19-7 - Crisis removal

Current through June, 2024
(a) A principal or
					 designee. In an emergency, may crisis remove a student immediately based upon
					 preliminary inquiry and findings that the student's conduct presents a clear
					 immediate threat to the physical safety of self or others or is so extremely
					 disruptive as to make the student's immediate removal necessary to preserve the
					 right of other students to pursue an education free from undue
					 disruption.
(b) Upon imposition of
					 a crisis removal, schools shall make a good faith effort to inform the parent
					 immediately by telephone.
(c) A
					 follow-up written notice of the crisis removal shall be personally delivered or
					 mailed to the parent. The notice of the crisis removal shall contain the
					 following written statements:
(1) Allegations
					 of the specific acts committed by the student that form the basis of the crisis
					 removal;
(2) The allegations of the
					 specific acts that were substantiated;
(3) A statement of the disciplinary
					 action(s); and
(4) A statement of a
					 conference date, time, and place offered by the school administration to meet
					 with the parent. A copy of the crisis removal notice shall be mailed to the
					 complex area superintendent. In addition to the crisis removal notice required
					 by this subsection, the principal or designee shall attempt to confirm the
					 notice by telephoning the parent.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 19 - STUDENT MISCONDUCT, DISCIPLINE, SCHOOL SEARCHES AND SEIZURES, REPORTING OFFENSES, POLICE INTERVIEWS AND ARRESTS, RESTITUTION FOR VANDALISM, AND COMPLAINT PROCEDURE AND INVESTIGATION OF DISCRIMINATION, HARASSMENT (INCLUDING SEXUAL HARASSMENT), BULLYING AND/OR RETALIATION › Subchapter 2 - STUDENT MISCONDUCT AND DISCIPLINE DURING THE REGULAR SCHOOL YEAR › Section 8-19-7.1 - Investigation

Current through June, 2024
(a) Immediately after making a crisis removal
					 or whenever the principal or designee has reason to believe that a student has
					 engaged in an activity warranting the imposition of a suspension, the principal
					 or designee shall initiate a thorough investigation. Complaints of
					 discrimination, harassment (including sexual harassment), bullying and/or
					 retaliation are subject to the complaint and investigation provisions of
					 section
					 8-19-30.
(b) When conducting an investigation, the
					 principal or designee shall make a good faith effort at the earliest point
					 possible to inform the parent about the school's investigation. If after making
					 reasonable attempts, the principal or designee is unable to contact the parent,
					 the school may engage in and complete the investigation. The investigation
					 shall be completed as quickly as possible. If the principal or designee elects
					 to initiate proceedings for the imposition of serious discipline other than
					 crisis removal, the principal or designee upon completion of the investigation,
					 shall make a written report containing a brief summary of the testimony of
					 witnesses interviewed, any other evidence, and the principal or designee's
					 reason(s) for the initiation of disciplinary proceedings.
(c) The principal or designee shall give to
					 the parent notice of the findings against the student. If the student or parent
					 denies the charge(s), the principal or designee shall indicate to the parent
					 and the student the evidence to support the findings of the school official.
					 The student or parent shall be given an opportunity to present the student's
					 version of the incident.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 19 - STUDENT MISCONDUCT, DISCIPLINE, SCHOOL SEARCHES AND SEIZURES, REPORTING OFFENSES, POLICE INTERVIEWS AND ARRESTS, RESTITUTION FOR VANDALISM, AND COMPLAINT PROCEDURE AND INVESTIGATION OF DISCRIMINATION, HARASSMENT (INCLUDING SEXUAL HARASSMENT), BULLYING AND/OR RETALIATION › Subchapter 2 - STUDENT MISCONDUCT AND DISCIPLINE DURING THE REGULAR SCHOOL YEAR › Section 8-19-8 - Suspension

Current through June, 2024
(a) Whenever a principal or designee has
					 reason to believe that a student has engaged in activity warranting the
					 imposition of suspension, the principal or designee shall immediately conduct
					 an investigation of the incident. Upon completion of the investigation and
					 findings, the student may be suspended if the principal or designee finds that
					 the findings are sustained. The principal or designee shall inform the parent
					 in writing of the findings and the disciplinary actions.
(b) If the student or parent denies the
					 charge(s), the principal or designee shall indicate to the student and parent
					 what evidence school authorities have to support the findings of the school
					 official. The student or parent, or both shall be given an opportunity to
					 present the student's version of the incident. However, where the student is
					 unable to understand the seriousness of the charges, the nature of the
					 proceedings, and consequences thereof, or is of such age, intelligence or
					 experience as to make meaningful discussion difficult, the principal or
					 designee shall request that the parent be present to participate in the
					 discussion.
(c) If the total number
					 of days in any single semester for suspensions exceeds ten school days, the due
					 process procedures of this chapter shall apply unless otherwise indicated by
					 law.
(d) The parent shall be given
					 verbal notice of any suspension regardless of its length. Prior notice for
					 suspension shall be by telephone, if feasible, and the written notice
					 personally delivered or mailed to the parent upon completion of the
					 investigation. The suspension notice shall contain the following written
					 statements:
(1) Allegations of the specific
					 acts committed by the student that form the basis of the suspension;
(2) The allegations of the specific acts that
					 were substantiated;
(3) A statement
					 of the disciplinary action(s); and
(4) A statement of a conference date, time,
					 and place offered by the school administration to meet with the parent.
A copy of the notice shall be mailed to the complex area
						superintendent. In addition to the notice required by this subsection, the
						principal shall attempt to confirm the notice by telephoning the parent.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 19 - STUDENT MISCONDUCT, DISCIPLINE, SCHOOL SEARCHES AND SEIZURES, REPORTING OFFENSES, POLICE INTERVIEWS AND ARRESTS, RESTITUTION FOR VANDALISM, AND COMPLAINT PROCEDURE AND INVESTIGATION OF DISCRIMINATION, HARASSMENT (INCLUDING SEXUAL HARASSMENT), BULLYING AND/OR RETALIATION › Subchapter 2 - STUDENT MISCONDUCT AND DISCIPLINE DURING THE REGULAR SCHOOL YEAR › Section 8-19-9 - Due process for suspensions exceeding ten days, disciplinary transfer, and dismissal

Current through June, 2024
(a) If, based upon
					 the investigation, the principal or designee believes that a student engaged in
					 an activity which constitutes a violation of this chapter, and if the principal
					 or designee recommends that serious discipline other than crisis removal be
					 imposed, the principal or designee shall immediately notify the complex area
					 superintendent to initiate disciplinary proceedings by obtaining verbal
					 authorization from the complex area superintendent.
(b) Upon obtaining verbal authorization from
					 the complex area superintendent, the principal or the designee will make a good
					 faith effort to inform the parent of:
(1) The
					 serious discipline incident,
(2)
					 The opportunity to appeal, and
(3)
					 That the disciplinary action will be implemented
					 immediately.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 19 - STUDENT MISCONDUCT, DISCIPLINE, SCHOOL SEARCHES AND SEIZURES, REPORTING OFFENSES, POLICE INTERVIEWS AND ARRESTS, RESTITUTION FOR VANDALISM, AND COMPLAINT PROCEDURE AND INVESTIGATION OF DISCRIMINATION, HARASSMENT (INCLUDING SEXUAL HARASSMENT), BULLYING AND/OR RETALIATION › Subchapter 2 - STUDENT MISCONDUCT AND DISCIPLINE DURING THE REGULAR SCHOOL YEAR › Section 8-19-10 - Duration of disciplinary actions

Current through June, 2024
(a) If the
					 disciplinary action could not be imposed as result of the appeal process, the
					 disciplinary action may be carried over to the next school year at any public
					 school and does not include summer school.
(b) If the acts, which resulted in
					 disciplinary action, was committed within twenty days from the last
					 instructional day for students in the school year the disciplinary action may
					 be carried over to the next school year at any public school and does not
					 include summer school.
(c) This
					 section shall not apply to firearm violations. Disciplinary action for firearm
					 violations is a mandatory not less than one calendar year.
(d) Other than as described in subsections
					 (a) and (b), no disciplinary action shall continue beyond the school year in
					 which the action was committed.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 19 - STUDENT MISCONDUCT, DISCIPLINE, SCHOOL SEARCHES AND SEIZURES, REPORTING OFFENSES, POLICE INTERVIEWS AND ARRESTS, RESTITUTION FOR VANDALISM, AND COMPLAINT PROCEDURE AND INVESTIGATION OF DISCRIMINATION, HARASSMENT (INCLUDING SEXUAL HARASSMENT), BULLYING AND/OR RETALIATION › Subchapter 2 - STUDENT MISCONDUCT AND DISCIPLINE DURING THE REGULAR SCHOOL YEAR › Section 8-19-11 - Alternate educational activities and other assistance when students are found to be in violation of this chapter

Current through June, 2024
(a) The complex
					 area superintendent shall ensure that alternate educational activities or
					 active participation of the public or private agencies are provided as
					 appropriate for all students who are crisis removed for a period exceeding ten
					 school days or suspended for a period exceeding ten school days.
(b) For all students who are suspended for
					 one to ten school days, the principal or designee may consider providing
					 alternate educational activities based on student's need.
(c) The Hawaii administrative rules for
					 students with disabilities shall apply for students eligible under this
					 chapter.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 19 - STUDENT MISCONDUCT, DISCIPLINE, SCHOOL SEARCHES AND SEIZURES, REPORTING OFFENSES, POLICE INTERVIEWS AND ARRESTS, RESTITUTION FOR VANDALISM, AND COMPLAINT PROCEDURE AND INVESTIGATION OF DISCRIMINATION, HARASSMENT (INCLUDING SEXUAL HARASSMENT), BULLYING AND/OR RETALIATION › Subchapter 3 - STUDENT MISCONDUCT AND DISCIPLINE DURING SUMMER SCHOOL › Section 8-19-12 - Disciplinary actions; authority

Current through June, 2024
The summer school director or designee shall impose
						disciplinary action against any student attending summer
						school.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 19 - STUDENT MISCONDUCT, DISCIPLINE, SCHOOL SEARCHES AND SEIZURES, REPORTING OFFENSES, POLICE INTERVIEWS AND ARRESTS, RESTITUTION FOR VANDALISM, AND COMPLAINT PROCEDURE AND INVESTIGATION OF DISCRIMINATION, HARASSMENT (INCLUDING SEXUAL HARASSMENT), BULLYING AND/OR RETALIATION › Subchapter 3 - STUDENT MISCONDUCT AND DISCIPLINE DURING SUMMER SCHOOL › Section 8-19-13 - Prohibited student conduct; class offenses

Current through June, 2024
(a) The following
					 prohibited conduct applies to all students in summer school during summer
					 school hours, 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) Cyber bullying (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.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 19 - STUDENT MISCONDUCT, DISCIPLINE, SCHOOL SEARCHES AND SEIZURES, REPORTING OFFENSES, POLICE INTERVIEWS AND ARRESTS, RESTITUTION FOR VANDALISM, AND COMPLAINT PROCEDURE AND INVESTIGATION OF DISCRIMINATION, HARASSMENT (INCLUDING SEXUAL HARASSMENT), BULLYING AND/OR RETALIATION › Subchapter 4 - SCHOOL SEARCHES AND SEIZURES › Section 8-19-14 - Policy on opening and inspection of student lockers

Current through June, 2024
School lockers provided to the students on campus are
						subject to opening and inspection (and external dog sniffs) by school officials
						at any time with or without cause, provided that the searches are not because
						of the student's race, color, national origin, ancestry, sex, gender identity
						and expression, religion, disability, or sexual orientation. Section
						8-19-15
						shall have no applicability to the opening and inspection (and external dog
						sniffs) of student lockers. None of the restrictions in sections
						8-19-15
						through
						8-19-18
						or related to general school searches and seizures shall in any way be
						construed to create an expectation of privacy in student lockers. Students
						should assume that their lockers are subject to opening and inspection (and
						external dog sniffs) any time with or without cause.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 19 - STUDENT MISCONDUCT, DISCIPLINE, SCHOOL SEARCHES AND SEIZURES, REPORTING OFFENSES, POLICE INTERVIEWS AND ARRESTS, RESTITUTION FOR VANDALISM, AND COMPLAINT PROCEDURE AND INVESTIGATION OF DISCRIMINATION, HARASSMENT (INCLUDING SEXUAL HARASSMENT), BULLYING AND/OR RETALIATION › Subchapter 4 - SCHOOL SEARCHES AND SEIZURES › Section 8-19-15 - Policy on general school searches and seizures

Current through June, 2024
Except as provided in section
						8-19-14
						regarding student lockers, students have a reasonable expectation of privacy in
						their persons on campus, or other department premises, on department
						transportation, or during a department sponsored activity or event on or off
						school property. Schools have an equally legitimate need to maintain order and
						an environment where learning can take place. In fulfilling this legitimate
						need, school officials may on occasions need to carry out searches and seizures
						on campus, or other department premises, on department transportation, or
						during a department sponsored activity or event on or off school property. As a
						general policy, except as provided in section
						8-19-14
						regarding student lockers, the searches and seizures are permissible if there
						are reasonable grounds to suspect, based on the attendant circumstances that
						the search will turn up evidence that the student or students have violated or
						are violating either the law or the student conduct prohibited under this
						chapter. Searches and seizures conducted by school officials shall abide by the
						provisions of this subchapter.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 19 - STUDENT MISCONDUCT, DISCIPLINE, SCHOOL SEARCHES AND SEIZURES, REPORTING OFFENSES, POLICE INTERVIEWS AND ARRESTS, RESTITUTION FOR VANDALISM, AND COMPLAINT PROCEDURE AND INVESTIGATION OF DISCRIMINATION, HARASSMENT (INCLUDING SEXUAL HARASSMENT), BULLYING AND/OR RETALIATION › Subchapter 4 - SCHOOL SEARCHES AND SEIZURES › Section 8-19-16 - Authority

Current through June, 2024
Except as provided in section
						8-19-14
						regarding student lockers, property may be searched if there are reasonable
						grounds to suspect, based on the attendant circumstances that the search will
						turn up evidence that student or students, or others on campus, or other
						department premises, on department transportation, or during a department
						sponsored activity or event on or off school property have violated the law or
						the provisions of this chapter. A school official conducting a search shall be
						accompanied by another school official serving as a witness, unless it is an
						emergency where prompt action is necessary to protect the health or safety, or
						both of any person or persons.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 19 - STUDENT MISCONDUCT, DISCIPLINE, SCHOOL SEARCHES AND SEIZURES, REPORTING OFFENSES, POLICE INTERVIEWS AND ARRESTS, RESTITUTION FOR VANDALISM, AND COMPLAINT PROCEDURE AND INVESTIGATION OF DISCRIMINATION, HARASSMENT (INCLUDING SEXUAL HARASSMENT), BULLYING AND/OR RETALIATION › Subchapter 4 - SCHOOL SEARCHES AND SEIZURES › Section 8-19-17 - Conditions under which general school searches and seizures may be carried out

Current through June, 2024
(a) Except as provided in section
					 8-19-14
					 regarding student lockers searches and seizures may be carried out by school
					 officials when all of the following conditions are met:
(1) If at the time of the search, there are
					 reasonable grounds to suspect based on the attendant circumstances that the
					 search will turn up evidence that the student or students have violated the law
					 or provisions prohibited under this chapter.
(2) The manner in which the search is to be
					 conducted is reasonably related to the purpose of the search.
(3) The student who will be subjected to a
					 search shall be informed of the purpose of the search and shall be given an
					 opportunity to voluntarily relinquish the evidence sought by the school
					 official.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 19 - STUDENT MISCONDUCT, DISCIPLINE, SCHOOL SEARCHES AND SEIZURES, REPORTING OFFENSES, POLICE INTERVIEWS AND ARRESTS, RESTITUTION FOR VANDALISM, AND COMPLAINT PROCEDURE AND INVESTIGATION OF DISCRIMINATION, HARASSMENT (INCLUDING SEXUAL HARASSMENT), BULLYING AND/OR RETALIATION › Subchapter 4 - SCHOOL SEARCHES AND SEIZURES › Section 8-19-18 - Prohibited searches and seizures

Current through June, 2024
Except as provided in section
						8-19-14
						regarding student lockers:
(1) Random
					 searches are prohibited.
(2) Strip
					 searches are prohibited.
(3) A
					 school official shall not conduct a search requiring bodily contact of a
					 student except when such a search is necessary to prevent harm to the health or
					 safety, or both of a person or persons.
(4) In the course of a search, the use of
					 force against a student is prohibited unless the school official believes that
					 the force to be used is necessary to prevent harm to the health or safety, or
					 both of a person or persons or where the student physically resists the
					 search.
(5) A search conducted
					 under the provisions of this subchapter shall be limited to the object or
					 objects for which the search was conducted. However, any other object observed
					 during a search may be seized by a school official when possession of the
					 object is a violation of law or the provisions of this chapter, or when
					 non-seizure may pose a threat to the health or safety, or both of a person or
					 persons, including the school official conducting the search.