Bill Text: HI HB792 | 2010 | Regular Session | Introduced
Bill Title: Disruptive Pupils
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2009-05-11 - Carried over to 2010 Regular Session. [HB792 Detail]
Download: Hawaii-2010-HB792-Introduced.html
Report Title:
Disruptive Pupils
Description:
Allows a teacher or driver to exclude from the teacher's classroom or the driver's school bus any pupil who directs abusive or profane language at a school employee. Provides for chronically disruptive and violent pupils.
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
792 |
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TWENTY-FIFTH LEGISLATURE, 2009 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to education.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 302A, Hawaii Revised Statutes, is amended by adding a new section to part IV, subpart C, to be appropriately designated and to read as follows:
"§302A-A Authority of teachers and other school employees; exclusion of disruptive pupils. (a) A teacher shall exclude from the teacher's classroom any pupil who directs abusive or profane language at a school employee.
(b) The driver of a school bus shall exclude from the driver's school bus any pupil who directs abusive or profane language at a school employee.
(c) Any pupil so excluded shall be placed under the control of the principal of the school or the principal's designee. If the principal finds that disciplinary action is warranted, the principal shall provide written and, if possible, telephonic notice of this action to pupil's parent, guardian, or custodian of the pupil. A pupil may be readmitted to the classroom only when the principal or the principal's designee informs the teacher in writing that the pupil may be readmitted.
(d) When a pupil is excluded three times in any twelve-month period, and after all reasonable methods of classroom discipline provided in the school discipline plan have been exhausted, the pupil may be readmitted only after:
(1) The principal, teacher, and, if possible, the pupil's parent, guardian, or custodian have held a conference to discuss the pupil's disruptive behavior patterns; and
(2) The teacher and the principal agree on a course of discipline for the pupil and inform the parent, guardian, or custodian of the course of action.
If the teacher and the principal cannot agree on a course of discipline for the pupil, then the principal, to the extent feasible, shall temporarily transfer the pupil to another regular classroom or to an appropriate alternative educational setting or placement; provided that the pupil may be temporarily transferred to another regular classroom only with the concurrence of that other classroom's teacher.
(e) If the pupil's disruptive behavior persists, then upon the teacher's request or with the concurrence of the teacher, the principal, to the extent feasible, shall transfer the pupil to an appropriate alternative educational setting or placement.
(f) The department shall ensure that a continuum of alternative educational settings or placements, from least restrictive to most restrictive, is available to meet the educational needs of chronically disruptive pupils and violent pupils.
To the maximum extent appropriate, chronically disruptive pupils shall be educated in the least restrictive alternative educational setting or placement. Chronically disruptive pupils shall not be placed in the same alternative educational setting or placement as violent pupils.
(g) If a pupil's behavior in an alternative educational setting or placement, even with the provision of appropriate behavioral supports, strategies, or interventions, will substantially impair the learning of other pupils, then that alternative educational setting or placement shall be deemed unable to meet the pupil's educational needs and inappropriate for that pupil.
A chronically disruptive pupil shall not be removed from an age-appropriate or academically-appropriate regular classroom solely because of needed modifications in the general curriculum.
(h) For the purposes of this section:
"Alternative educational setting or placement" includes time-out rooms, in-school suspension, short-term and long-term alternative classes and schools, counseling and other programs for status offenders, detention facilities for law violators, and correctional institutions for criminal offenders.
"Disruptive behavior" means the use of abusive or profane language by pupils."
SECTION 2. The department of education shall adopt new rules, or amend current rules, pursuant to chapter 91, to effectuate the purposes of this Act.
SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.
SECTION 4. This Act is not intended to create a private cause of action.
SECTION 5. In codifying the new section added by section 1 of this Act, the revisor of statutes shall substitute an appropriate section number for the letter used in designating the new section in this Act.
SECTION 6. New statutory material is underscored.
SECTION 7. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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