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 8-19-2 - Definitions

Current through June, 2024
As used in this chapter:
"Abusive language" means verbal messages that use words
						in an inappropriate way and may include but is not limited to swearing,
						name-calling, or profanity.
"Assault" means intentionally, knowingly, recklessly, or
						negligently causing serious bodily injury or bodily injury to another person
						with or without a dangerous instrument.
"Bullying" means any written, verbal, graphic, or
						physical act that hurts, harms, humiliates or intimidates a student, including
						those with protected class statuses, that is sufficiently severe, persistent,
						or pervasive that it creates an intimidating, threatening, or abusive
						educational environment.
"Burglary" means entering or remaining without school
						authorization in a building that is either owned or operated by the department
						with intent to commit an offense against a person, or against school property
						or other property located at the school.
"Child Welfare Services" means the Child Welfare Services
						of the State of Hawaii Department of Human Services.
"Civil Rights Compliance Branch" means the entity within
						the department responsible for monitoring and/or conducting investigations of
						discrimination, harassment (including sexual harassment), and/or bullying
						complaints described in this chapter.
"Class cutting" means an unauthorized absence of a
						student from class.
"Complex area superintendent" means the chief
						administrative officer of a complex area and the school complexes
						therein.
"Contraband" means a property, other than which is
						unlawful to produce or possess, which, as defined by local school rules, is
						prohibited on school premises has in the past lead to bodily injury or
						disruption of school operations.
"Controlled substance" means a drug or substance as
						defined in parts I through V in chapter
						329, Hawaii Revised Statutes.
"Correction and conference with student" means a student
						meets with an administrator, their teacher(s), and/or parent and receives
						instruction on demonstrating appropriate behavior.
"Crisis removal" means the immediate exclusion of a
						student from school in an emergency, because the conduct of the student
						presents a clear, immediate threat to the physical safety of self or others, or
						the student is so extremely disruptive as to make the immediate removal of the
						student necessary to preserve the right of other students to pursue their
						education free from undue disruption.
"Cyberbullying" means electronically transmitted acts,
						including but not limited to those transmitted through the Internet, cell
						phone, or other wireless hand-held device initiated by one student toward
						another student or employee of the department that hurts, harms, humiliates, or
						intimidates the student or employee; and is sufficiently severe, persistent or
						pervasive, that it creates an intimidating, threatening, or abusive educational
						environment. Cyberbullying can occur:
(1) On campus, or other department premises, on
						department transportation, or during a department sponsored activity or event
						on or off school property;
(2) Through a department data system without department
						authorized communication; or
(3) Through an off campus computer network [LESS THAN],
						if the conduct impacts the educational environment.
Additionally, cyberbullying may also be based on a
						person's protected class, including but not limited to, a person's race, color,
						religion, sex, sexual orientation, gender identity, gender expression, age,
						national origin, ancestry, disability, physical appearance and characteristics,
						and socio-economic status.
"Dangerous instrument, or 'substance'" means any
						explosive device, instrument, material, or chemical, whether animate or
						inanimate, which in the manner it is used or is intended to be used is known to
						be capable of producing death or bodily injury. Examples of such items include
						but are not limited to knives, pipe bomb devices, fireworks, pepper spray,
						mace, martial arts devices such as sticks and throwing stars; and inanimate
						objects such as pipes, sticks, or baseball bats swung at a person in a menacing
						manner so as to cause or threaten bodily injury.
"Dangerous weapon" means an instrument whose sole design
						and purpose is to inflict bodily injury or death. Examples of such instruments
						include but are not limited to a dirk, dagger, butterfly knife, switchblade
						knife, blackjack, slug shot, billy, metal knuckles, or other weapons that
						inflict bodily injury or death.
"Department" means the department of education.
"Detention" means detaining a student on school campus
						during non-instructional hours to require the student to carry out in-school
						educational or other activities as may be prescribed by school officials as a
						form of disciplinary action for student misconduct.
"Disciplinary transfer" means the removal of a student
						from the school the student is attending as a result of a violation of section
						8-19-6.
						Disciplinary transfer does not include cases involving the revocation of
						geographic exceptions under chapter 13 of title 8 under circumstances in which
						the purpose for granting the geographic exception is no longer valid.
"Discrimination" means excluding the participation in or
						denying the benefits of the department's administration of its educational
						programs and activities, or otherwise treating a student differently on the
						basis of a protected class.
"Dismissal" means the removal of a student from Hawaii
						public schools for the remainder of the school year or for a period of not less
						than one calendar year for firearm violations.
"Disorderly conduct" means the following actions or
						activities on campus or other department premises, on department
						transportation, or during a department sponsored activity or event on or off
						school property:
(1) Engaging in fighting or threatening, or in violent or
						tumultuous behavior such as yelling or screaming, or both;
(2) Making unreasonable noise as to cause disruption of
						normal school operations;
(3) Making any offensively coarse utterance, gesture, or
						display, or addressing abusive language to any person present, which is likely
						to provoke a violent response;
(4) Creating a hazardous or physically offensive
						condition by any act which is not performed under any authorized license or
						permit;
(5) Impeding or obstructing any person in a public school
						for the purpose of begging or soliciting alms or other forms of aid; or
(6) Inappropriate physical contact including but is not
						limited to consensual sex or consensual touching of body parts, or both.
"Drug paraphernalia" means any equipment, products, or
						materials of any kind, or combination thereof which is used, intended for use,
						or designed for use, in planting, harvesting, producing, storing, containing,
						concealing, injecting, ingesting, inhaling, or otherwise introducing into the
						human body a controlled substance in violation of this chapter. It includes,
						but is not limited to:
(1) Kits, devices, equipment, separation gins, balance
						scales, blenders, bowls, containers, spoons, capsules, balloons, envelopes,
						other objects used, intended for use, or designed for use in preparing,
						processing, mixing, storing, or concealing controlled substances;
(2) Hypodermic syringes, needles, and other objects used,
						intended for use, or designed for use by injecting the controlled substances
						into the human body;
(3) Objects used, intended for use, or designed for use
						in ingesting, inhaling, or otherwise introducing marijuana, cocaine, hashish,
						or hashish oil, or forms of methamphetamine, or anabolic steroids into the
						human body, such as:
(A) Metal, wooden, glass, acrylic, stone, plastic, or
						ceramic pipes, water pipes, smoking and carburetion masks, roach clips; meaning
						objects used to hold burning materials such as marijuana cigarettes, that have
						become too small or too short to be held in the hand;
(B) Miniature cocaine spoons, and cocaine vials, bongs,
						ice pipes, or chillers; and
(C) Any and all other drug paraphernalia as described and
						defined pursuant to section
						329-1,
						Hawaii Revised Statutes.
"Educational worker" means any administrator, specialist,
						counselor, teacher, or employee of the department, or a person who is a
						volunteer in a school program, activity, or function that is sponsored or
						approved by the department, or a person hired by the department on a
						contractual basis and engaged in carrying out an educational function.
"Extortion" means an act committed by a person
						who:
(1) Obtains, or exerts control over, the property or
						services of another with intent to deprive that person of the property or
						services by threatening by word or conduct to:
(A) Cause bodily injury in the future to the person
						threatened or to any other person;
(B) Cause damage to property;
(C) Subject the person threatened or any other person to
						physical confinement or restraint;
(D) Expose a secret or publicize an asserted fact,
						whether true or false, tending to subject some person to hatred, contempt, or
						ridicule, or to impair the person's credit or business repute;
(E) Reveal any information sought to be concealed by the
						person threatened or any other person;
(F) Testify provide information, or withhold testimony or
						information with respect to another's legal claim or defense;
(G) Take or withhold action as a public servant, or cause
						a public servant to take or withhold such action;
(H) Bring about or continue a strike, boycott, or other
						similar collective action, to obtain property which is not demanded or received
						for the benefit of the group which the student purports to represent; or
(I) Do any other act which would not in itself
						substantially benefit the person committing the act but which is calculated to
						substantially harm some person with respect to that person's health, safety,
						education, business, calling, career, financial condition, reputation, or
						personal relationship;
(2) Compels or induces another person to engage in
						conduct from which that person has a legal right to abstain or to abstain from
						conduct in which that person has a legal right to engage by threatening by word
						or conduct to do any of the actions set forth in paragraph (A) through (I) of
						this definition; or
(3) Makes or finances any extension of credit, or
						collects any extension of credit by extortionate means.
"Fighting" means instigating or provoking physical
						contact involving anger or hostility. Fighting includes but is not limited
						to:
(1) Engaging in mutual physical contact involving anger
						or hostility;
(2) Teasing, harassing, threatening, or intimidating
						others resulting in physical contact involving anger or hostility;
(3) Retaliating physically for teasing, harassing,
						threatening, or intimidating behavior; verbally inciting; or
(4) Physically supporting a fight by one's presence and
						encouragement.
"Firearm" means:
(1) Any weapon including but is not limited to a starter
						gun, shotgun, air guns which includes BB guns, pellet guns, paintball guns, or
						cross bow or any other instrument which will or is designed to or may readily
						be converted to expel a projectile;
(2) The frame or receiver of any such weapon;
(3) Any firearm muffler or firearm silencer; or
(4) Any destructive device. The term "destructive device"
						means:
(A) Any explosive, incendiary, or poison gas:
(i) Bomb;
(ii) Grenade;
(iii) Rocket having a propellant charge;
(iv) Missile having an explosive or incendiary
						charge;
(v) Mine; or
(vi) Device similar to any of the devices described in
						the preceding clause;
(B) Any type of weapon which will, or which may be
						readily converted to expel a projectile, including but is not limited to a
						weapon that expels a projectile by action of an explosive or other propellant;
						or
(C) Any combination or parts either designed or intended
						for use in converting any device described above, and from which a destructive
						device may be readily assembled. "Forgery" means:
(1) A student signing a name other than the student's own
						name on a document or;
(2) The illegal production or reproduction of materials
						such as fundraising or sports event tickets.
"Gambling" means staking or risking something of value
						upon the outcome of a contest of chance or a future contingent event not under
						the person's control or influence, upon an agreement or understanding that the
						person or someone else will receive something of value in the event of a
						certain outcome. Gambling does not include bona fide business transactions
						valid under the law of contracts, including but is not limited to contracts for
						the purchase or sale at a future date of securities or commodities, and
						agreements to compensate for loss caused by the happening of chance, including
						but is not limited to contracts of indemnity or guaranty and life, health, or
						accident insurance.
"Gender expression" means the manner in which a person
						represents or expresses gender to others, often through behavior, clothing,
						hairstyles, activities, voice, or mannerisms.
"Gender identity" means a person's internal, deeply-felt
						sense of being male, female, or other, whether or not that gender-related
						identity is different from the person's physiology or assigned sex at birth.
						Everyone has a gender identity.
"Harassment" means any threatening, insulting, or
						aggressive conduct, which can be written, verbal, or physical, and is directed
						against a student, including those with protected class status. Harassing
						conduct must have the effect of:
(1) Placing a student in reasonable fear of have to his
						or her person or property;
(2) Interfering with a student's educational performance,
						opportunities, or benefits; or
(3) Disrupting the orderly operation of a school.
"Hazing" means any conduct or method of initiation into
						any student organization or activity, whether on campus or other department
						premises, on department transportation, or during a department sponsored
						activity or event on or off school property, which willfully or recklessly
						endangers the physical or mental health of any student. Such conduct shall
						include, but is not limited to whipping, beating, branding, forced
						calisthenics, exposure to weather, forced consumption of any food, liquor,
						beverage, drug or other substance, indecent exposure, or any other treatment or
						forced physical activity which is likely to adversely affect the physical or
						mental health, or both, or safety of any student, or which subjects any student
						to extreme mental stress, including deprivation of sleep or rest, extended
						isolation, or personal humiliation.
"Hijacking" means to extort from another by a threat or a
						perceived threat.
"Homicide" means causing the death of another
						person.
"Inappropriate or questionable uses, or both, of internet
						materials and equipment" means that a student did not adhere to the
						department's state and school level technology guidelines. Examples of
						inappropriate or questionable uses of the department's computer and network
						resources include but are not limited to disabling or bypassing the filters,
						gambling software, music sharing software, or sexually explicit photographs and
						pictures that do not support the department's mission and purpose.
"Illicit drugs" means substances, the possession,
						distribution, ingestion, manufacture, use, sale, or delivery, of which are
						prohibited under chapter
						329, Hawaii Revised Statutes and
						chapter
						712, part IV, Hawaii Revised
						Statutes.
"Immediate interventions" means individualized services
						offered as soon as possible, but no later than seventy-two hours after receipt
						of the complaint, to either or both the complainant/victim or respondent
						involved in a complaint as appropriate to protect students from possible
						harassment or bullying, including racial, sexual, or disability discrimination,
						harassment or bullying. Immediate interventions may be offered prior to an
						investigation or while an investigation is pending. Immediate interventions
						pending an investigation may include counseling, extensions of time or other
						course-related adjustments, modifications of work or class schedules, campus
						escort services, restrictions on contact between the parties, leaves of
						absence, increased security and monitoring of certain areas of campus, or other
						similar accommodations. Immediate interventions may be put in place by the
						department on a case-by-case and temporary basis after receiving notice of a
						complaint and before any outcomes -investigatory, disciplinary, or remedial -
						have been determined. These measures may be instituted to preserve the
						complainant's/victim's educational experience, ensure the safety of all parties
						and the broader department community, maintain the integrity of the
						investigative and/or resolution process, and deter retaliation. Immediate
						interventions shall be available throughout all phases of an investigation.
						They may be amended or withdrawn as additional information is gathered.
"Individualized instruction related to student's problem
						behaviors" means as a result of a disciplinary action the student receives
						individualized instruction specifically related to the student's problem
						behaviors. Examples of individualized instruction include but are not limited
						to the development and implementation of behavior support plans, developing
						behavioral contracts or social skills training, or a combination of the
						foregoing.
"Insubordination" means disregard or refusal to obey an
						order which a teacher, officer, or other employee of the department is entitled
						to give.
"In-school suspension" means a student is temporarily
						removed from his/her school program for disciplinary purposes but remains under
						the direct supervision of school personnel to complete instruction work.
"Interim alternative educational setting" or "lAES" means
						a temporary placement for a student who has been suspended or otherwise removed
						from his current educational placement for disciplinary reasons in which the
						student continues to receive educational services to enable the student to
						continue to participate in the general education curriculum and to progress
						toward meeting the goals set out in the student's lEP.
"Intoxicating substance use" means the use of any
						substance, which causes disturbance of the normal physical or mental
						functioning including but is not limited to alcohol.
"Laser pen/pointer" means a device that emits a bright
						laser light that appears as a dot on any surface at which it is aimed and is
						without authorized department purpose and use. Unless authorized, the
						possession or use is prohibited on campus, or other department premises, on
						department transportation, or during a department sponsored activity or event
						on or off school property.
"Leaving campus without consent" means leaving the
						premises of a school, department facility, or department program without first
						obtaining permission from school officials.
"Low intensity problem behaviors" means those behaviors
						that are demonstrated with low frequency, brief engagement, and do not lead to
						serious harm.
"Mail" or "mailed" means documents sent via:
(1) Regular mail;
(2) Certified mail; or
(3) Return receipt requested.
"Minor problem behaviors" means demonstration of
						low-intensity problem behaviors that may include, but are not limited to the
						following.
(1) "Defiance/disrespect/non-compliance" means student
						engages in brief or low-intensity failure to respond to adult requests;
(2) "Disruption" means student engages in low-intensity,
						inappropriate disruption;
(3) "Dress code violation" means student wears clothing
						that is not within the dress code guidelines defined by the school;
(4) "Inappropriate language" means student engages in
						low-intensity instance of inappropriate language;
(5) "Physical contact" means student engages in
						non-serious, inappropriate physical contact;
(6) "Property misuse" means student engages in
						low-intensity misuse of property;
(7) 'Tardy" means a student arrives to school after
						school has started, or a student arrives at class after class has started, or
						both.
"Negligence" means the failure to use the care that a
						prudent and careful person would use under similar circumstances which results
						in harm to a person or loss, destruction, breakage, or damage of school books,
						equipment, or of supplies.
"Parent" means the natural or legal parent, legal
						guardian or other legal custodian of the student. For students eighteen years
						of age or older, all parental rights herein transfer to the student, unless the
						natural or legal parent, legal guardian, or other legal custodian has legally
						obtained decision making rights for the student.
"Property damage" or "vandalism" means:
(1) Damaging the property of the school or another
						person;
(2) Destroying or defacing school property or facility;
						or
(3) Destroying or defacing school materials, such as but
						is not limited to planners, identification nametags, or meal cards.
"Protected class/basis" for the purposes of this chapter
						includes race, color, religion, sex, sexual orientation, gender identity,
						gender expression, age, national origin, ancestry, disability, physical
						appearance and characteristics, and socio-economic status.
"Remedies" are individualized services offered at the
						conclusion of an investigation that present the educational experience or
						ensure the safety of all students and the broader department community.
						Remedies for students may include, but are not limited to, the adjustment of
						academic schedules and coursework, and the provision of academic, medical and
						psychological support services.
"Rendering a false alarm" means a student causes a false
						alarm of fire or other emergency to be transmitted to or within an official or
						volunteer fire department, any governmental agency, or public utility that
						deals with emergencies involving danger to life or property.
"Restitution" means monetary or non-monetary repayment to
						the department or the State of Hawaii for the reasonable value of public school
						property lost, damaged, broken or destroyed as the result of student negligence
						or vandalism.
"Retaliation" means an adverse action against a student
						because they engaged in protected activity. Protected activity includes filing
						a complaint of discrimination, harassment (including sexual harassment), or
						bullying; participating in a complaint or investigation proceeding dealing with
						discrimination, harassment (including sexual harassment), or bullying;
						inquiring about rights under this chapter; or otherwise opposing acts covered
						under this chapter. An adverse action is any action that would dissuade a
						reasonable person from making or supporting a complaint under these rules.
						Reprisals or retaliation shall be prohibited when there is protected activity
						that was engaged in good faith.
"Robbery" means, in the course of committing a theft, or
						hijacking, a student:
(1) Attempts to kill another person, or inflicts or
						attempts to inflict serious bodily injury upon another person; or
(2) With or without a dangerous instrument:
(A) Uses force against the person with the intent to
						overcome the owner's physical resistance or physical power of resistance;
(B) Threatens the imminent use of force against the
						person of anyone who is present with intent to compel acquiescence to the
						taking of or escaping with the property; or
(C) Inflicts serious bodily injury upon another person.
						"School" or "public school" means all academic and non-college type schools
						established and maintained by the department in accordance with state law.
"School books" means library and textbooks.
"School official" means any administrator, specialist,
						counselor, teacher, school security attendant, or other department employee,
						responsible for the supervision of students. It does not include individuals
						whose services are procured.
"School related offenses" means offenses involving school
						property, or offenses committed on campus, or other department premises, on
						department transportation, or during a department sponsored activity or event
						on or off school property.
"School rules" means school wide conduct rules that have
						been established by the school.
"School staff" means any teacher, officer, or other
						employee of the department.
"Search" means if after requesting the student to
						voluntarily relinquish the contraband item(s) and the student refuses and there
						are reasonable grounds to believe that the student has violated the law or
						provisions prohibited under this chapter, or If there is a health or safety
						issue with illicit drugs, dangerous weapons, dangerous instruments or firearms,
						or a combination of the foregoing, the school official may examine the contents
						and belongings which may include but are not limited to purses, fanny packs,
						backpacks, jackets, shoes, socks, or any other outer clothing.
"Seizure" means to take possession of the contraband
						item(s) that is or are uncovered during a search.
"Serious discipline" means disciplinary actions including
						dismissals, disciplinary transfers, crisis removals, and suspensions which
						either exceed ten school days or will result in the student affected being
						crisis removed or suspended more than a total of ten school days in any single
						semester.
"Sexual assault" means the act of committing unwanted
						physical contact of a sexual nature on a person, whether by an acquaintance or
						by a stranger. Such contact is unwanted when it occurs without consent of the
						person, or when the person is incapacitated or otherwise incapable of giving
						consent. Consent means affirmative, conscious, and voluntary agreement to
						engage in agreed upon forms of sexual contact. If a student is a subject of
						sexual assault and is under the age of consent, it shall be deemed that no
						consent was given. Sexual assault is a form of sexual harassment.
"Sexual exploitation" means the violation of the sexual
						privacy of another, or taking unjust or abusive sexual advantage of another
						without consent and when such behavior does not otherwise constitute sexual
						assault. Consent means affirmative, conscious, and voluntary agreement to
						engage in agreed upon forms of sexual contact. If a student is a subject of
						sexual exploitation and is under the age of consent, it shall be deemed that no
						consent was given. Sexual exploitation is a form of sexual harassment.
"Sexual harassment" means any unwanted, unwelcome, or
						unsolicited verbal or physical act of a sexual nature directed at an individual
						because of his or her sex. Sexual harassment can include requests for sexual
						favors or sexual advances when submission to or rejection of the conduct is
						either an explicit or implicit term or condition of a student's education or
						participation in a department program, activity or service; or when submission
						to or rejection of the conduct is used as a basis in decisions affecting that
						student's education or participation in a department program, activity, or
						service. Sexual harassment also includes, but is not limited to, sexual
						misconduct, unwelcome sexual advances, requests for sexual favors, or other
						verbal, nonverbal, or physical conduct of a sexual nature. it can include
						conduct such as touching of a sexual nature, making sexual comments, jokes or
						gestures, writing graffiti or displaying or distributing sexually explicit
						drawings, pictures or written materials, calling students sexually charged
						names, spreading sexual rumors, rating students on sexual activity, or
						circulating, showing, or creating e-mails or websites of a sexual nature.
						Sexual exploitation and sexual assault also fall under the definition of sexual
						harassment.
"Sexual orientation" means a person's emotional and
						sexual attraction to another person based on the gender of the other person.
						Common terms to describe sexual orientation include, but are not limited to,
						heterosexual, gay, lesbian, and bisexual. Sexual orientation and gender
						identity are different.
"Smoking" or "use of tobacco" means possession, use, sale
						or distribution of tobacco products on campus, or other department premises, on
						department transportation, or during a department sponsored activity or event
						on or off school property.
"Stalking" means two or more acts of unwanted behavior,
						directed at a specific person that is sufficiently serious to cause physical,
						emotional, or psychological fear or to create a hostile intimidating or abusive
						educational environment.
"Strip search" means searches, which require the removal
						of clothing that results in the exposure of the genitals, the female breasts,
						or underwear or combination thereof.
"Suspension" means exclusion from school for a specific
						period during a school year.
"Switchblade knife" means any knife having a blade which
						opens automatically:
(1) By hand pressure applied to a button or other device
						in the handle of the knife, or
(2) By operation of inertia, gravity, or both.
"Terroristic threatening" means:
(1) A threat, by word or conduct, to cause bodily injury
						to another person or serious damage to property of another person;
(2) With the intent to cause, or in reckless disregard of
						the risk of causing evacuation of a building, place of assembly, or facility of
						public transportation; or
(3) Displaying a "look-alike" gun or weapon.
"Theft" means:
(1) Obtaining, or exerting control over, the property of
						another and depriving that person of the property;
(2) Obtaining, or exerting control over, the property of
						another by deceiving and depriving the person of the property;
(3) Obtaining, or exerting control over, the property of
						another which the person knows to have been lost or mislaid, or to have been
						delivered under a mistake as to the nature or amount of the property, the
						identity of the recipient, or other facts, and with the intent to deprive the
						owner of the property, the person fails to take reasonable measures to discover
						and notify the owner;
(4) Obtaining services, known by the person to be
						available only for compensation, by deception, false token, or other means to
						avoid payment for the services;
(5) Having control over the disposition of services of
						another to which the person is not entitled and diverts those services to the
						person's own benefit or to the benefit of a person not entitled thereto;
(6) Failing to make required disposition of funds
						by:
(A) Obtaining property from anyone upon an agreement, or
						subject to a known legal obligation, to make specified payment or other
						disposition, whether from the property or its proceeds or from the person's own
						property reserved in equivalent amount, and dealing with the property as the
						person's own and failing to make the required payment or disposition; or
(B) Obtaining personal services from an employee upon
						agreement or subject to a known legal obligation to make a payment or other
						disposition of funds to a third person on account of the employment, and
						intentionally failing to make the payment or disposition at the proper
						time;
(7) Receiving, retaining, or disposing of the property of
						another, knowing that it has been stolen, with intent to deprive the owner of
						the property; or
(8) Shoplifting:
(A) Concealing or taking possession of the goods or
						merchandise of any department store or department retail establishment, with
						intent to defraud;
(B) Altering the price tag or other price marking on
						goods or merchandise of any department store or department [of education]
						retail establishment, with intent to defraud; or
(C) Transferring the goods or merchandise of any
						department store or department retail establishment from one container to
						another, with intent to defraud.
"Trespass" means entering or remaining in or upon the
						premises of any school, or department facility after reasonable warning or
						request to leave by school authorities or police officer.
"Truancy" means a student is absent from class(es) or the
						school campus without authorization from the principal or designee.