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DISCIPLINE – AUTHORITY

  • Who has the overall discipline authority in schools?
    • In Hawaii, it is generally the responsibility of the principal (or the principal’s designee) to manage the day to day operation of the school, create an atmosphere conducive to scholarly pursuits, and maintain discipline within their individual schools. Haw. Admin. R. § 8-19-5.
    • Crisis removals and suspensions of ten school days or less may be approved by the principal or designee. Haw. Admin. R. § 8-19-5(b).
    • 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. Haw. Admin. R. § 8-19-5(a).
    • During the summer, the summer school director or designee is responsible for imposing disciplinary action against any student in attendance. Haw. Admin. R. § 8-19-12.
  • Student Discipline Policies
    • Hawaii has created a system that designates specific types of conduct as being prohibited. This system separates the offenses into various classes (A-D) by the severity of their seriousness. Individual school rules shall be published or made available for inspection at the school office and shall inform students, school staff, and parents of the prohibited conduct under class A through D of the system. Haw. Admin. R. §§ 8-19-6(a).

    (1) Class A offenses: Assault Burglary Possession or use of a firearm, weapon or dangerous instrument or substance Possession, use or sale of drug paraphernalia, illicit drugs or intoxicating substances Extortion Fighting Possession or use of firearms Homicide Property damage or vandalism Robbery Sexual offenses Terroristic threats
    (2) Class B offenses: Bullying or cyber bullying Disorderly conduct False alarm Forgery Gambling Harassment Hazing Inappropriate or questionable uses of internet materials or equipment Theft Trespassing
    (3) Class C offenses: Abusive language Class cutting Insubordination Laser pen/laser pointer; possession or use of Leaving campus without consent Smoking or use of tobacco substances Truancy
    (4) Class D offenses: Possession or use of contraband Minor problem behaviors Violating other school rules

    • School rules may prohibit other conduct. Individual school rules must be published or made available for inspection at the school office and must inform students, school staff, and parents of the prohibited conduct under class A through D above.
    • No disciplinary action that amounts to serious discipline may be imposed for violation of any individual school rule as a class D offense.

DISCIPLINARY ACTIONS

  • When can a teacher remove a student from class?
    • Under Haw. Admin. R. § 8-19-7, a principal or designee, in an emergency, may 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. Haw. Admin. R. § 8-19-7(a).
    • Upon imposition of a crisis removal, schools shall make a good faith effort to inform the parent immediately by telephone. Haw. Admin. R. §§ 8-19-7(b).
    • A follow-up written notice of the crisis removal shall be personally delivered or mailed to the parent. The written notice must include:
      • Allegations of the specific act(s) committed by the student
      • The allegations of the specific act(s) that were substantiated
      • A statement of the disciplinary action(s)
      • 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. Haw. Admin. R. §§ 8-19-7(c).
    • A student who is the subject of a crisis removal shall be permitted to resume attendance at school as soon as the crisis no longer exists. Haw. Admin. R. §§ 8-19-7(d).
    • A crisis removal shall not continue for more than ten school days, except when approved by the complex area superintendent during an appeal. Haw. Admin. R. §§ 8-19-7(e).
  • What type of discipline is permitted?
    • Under Haw. Admin. R. § 8-19-6(d), disciplinary action options may include the following:
      • Correction and conference with student Detention Crisis removal Individualized instruction related to student’s problem behaviors In-school suspension Interim alternate education setting Loss of privileges Parent conferences Time in office Suspension Saturday school Disciplinary transfer Referral to alternative education programs Dismissal Restitution
      • 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 whether the offender was a repeat offender. Haw. Admin. R. § 8-19-5(c).

DETENTION

  • What is detention and when is it permitted?
    • Hawaii defines detention as the process by which a student is kept on school campus during non-instructional hours to require the student to carry out in-school educational or other activities as determined by school officials as a form of disciplinary action for student misconduct. Haw. Admin. R. §§ 8-19-2.
      • The regulations do not provide detailed instructions regarding policies and procedures for detention. These policies would be most likely covered in a school district’s student discipline policies.

SUSPENSION

  • What is the difference between suspension and expulsion?
    • There are no state laws or regulations discussing the difference between suspension and expulsion. See the discussion below regarding duration of discipline under Hawaii’s Administrative Regulations, under which “exclusion” or “dismissal” are permitted for certain types of infractions.
  • What are the types of suspension and the processes for each?
    • In-School Suspension is defined in Hawaii as a student who is temporarily removed from his or her school program for disciplinary purposes but remains under the direct supervision of school personnel to complete instruction work. Haw. Admin. R. §§ 8-19-2.
    • Formal or Out of School Suspension is being excluded from school for a specific period during the school year. Haw. Admin. R. §§ 8-19-2.
    • Under Hawaii Admin. R. § 8-19-8, the following process is used for suspensions:
      • 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.
      • 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.
      • 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 must be in writing and include:
        • Allegations of the specific acts committed by the student
        • The allegations of the specific acts that were substantiate
        • A statement of the disciplinary action(s)
        • A statement of a conference date, time, and place offered by the school administration to meet with the parent
    • If the suspension is for between one and ten school days, the principal of the school will consider the nature and severity of the offense, the impact of the offense on others, the age of the offender, and whether or not the offender is a repeat offender. Haw. Admin. R. §§ 8-19-8.
    • If the suspension exceeds ten days, then the complex area superintendent shall be the appropriate authority and a serious discipline notice must be mailed to the parent to inform them of the severity of the discipline being assigned. Haw. Admin. R. §§ 8-19-8.
  • What is the procedure for appealing a suspension?
    • If a student or parent decides to appeal a suspension that is to last longer than ten days, they must follow Hawaii Admin. R. § 8-19-9 which sets forth the following procedures:
      • If, based upon the investigation, 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.
      • 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:
        • The serious discipline incident
        • The opportunity to appeal
        • That the disciplinary action(s) will be implemented immediately
      • Within three school days of the verbal authorization from the complex area superintendent, the principal or designee shall mail a written notice of the serious discipline incident with the appeal form to the parent. A facsimile signature of or an electronic approval confirmation of the complex area superintendent on the serious discipline incident form is sufficient. The written notice of serious discipline shall contain the following statements:
        • Allegations of the specific act(s) committed
        • Allegations of the specific acts that were substantiated
        • A statement of the disciplinary action(s)
        • A statement that the parent has a right to an appeal to the complex area superintendent; the parent may present evidence, call and cross-examine witnesses, and be represented by legal counsel if the parent provides a written notice of legal representation at least ten calendar days prior to the appeal
      • Appeals must be submitted in writing and received by the complex area superintendent by the close of business on the 7th school day after the date of the discipline notice.
      • The student is permitted to attend school while the appeal is pending, unless the principal finds the continued presence of the student creates a substantial risk to self or others or to the rights of other students to pursue their education free from disruption. However, the student is not permitted to participate in any extracurricular activities, including athletics, trips, or clubs.
      • Upon receipt of a written request for an appeal, the complex area superintendent shall, within 10 school days, schedule an appeal and inform the parent of the date, time, and place. Written notice of the appeal date must be mailed to the parent and principal or designee at least 15 calendar days before the appeal. The appeal proceeding is be conducted by the complex area superintendent or by an impartial department of education person, or an impartial designee, who may be an official of the department, designated by the complex area superintendent.
      • The appeal shall be closed unless the student or parent requests that it be public. The parent and the principal or the principal’s designee have the right to present evidence, cross-examine witnesses, and submit rebuttal testimony. The parent and the principal or the principal’s designee may be represented by legal counsel.
      • No later than 7 days from the completion of the appeal proceeding, the complex area superintendent shall render a decision in writing stating clearly the action(s) to be taken and the bases for such actions. The written decision shall be mailed or personally delivered to the parent, the student’s attorney of record, and a copy to the school.
      • The parent may appeal the decision of the complex area superintendent to the superintendent of education by providing written notice within seven school days of the date of the complex area superintendent’s written decision. If no specific request is made for a hearing, the superintendent of education or designee shall render a decision based upon the entire record of the proceedings of the complex area superintendent and the parent submitted on the appeal. The superintendent of education or designee shall render a final written decision. The student shall be permitted to attend school while the appeal is pending, unless the complex area superintendent finds that the continued presence of the student creates a substantial risk to self or others or to the rights of other students to pursue their education free from disruption. Where the student is to be excluded from school pending the appeal, the superintendent of education or designee shall render a decision within 21 calendar days of the date of the receipt of the appeal.

EXPULSION

  • Under what circumstances can a student be expelled?
    • Hawaii’s statue does not describe a process for “expulsion.” Under certain circumstances, discipline may be carried over from one school year to the next.
    • Haw. Admin. R. §§ 8-19-10, sets forth the duration of disciplinary actions in schools as follows:
      • 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.
      • If the act resulting in disciplinary action was committed within 20 days of the last school day, the disciplinary action may be carried over to the next school year at any public school and does not include summer school.
      • Disciplinary action for firearm violations is a mandatory not less than one calendar year.
      • Other than as described above, no disciplinary action is to continue beyond the school year in which the action was committed.

ZERO TOLERANCE POLICIES

  • What does “zero tolerance” mean?
    • Zero tolerance of a behavior by a school means that the school’s response is pre-determined and required and includes severe consequences or punishment (most often suspension or expulsion) for a specific offense.
    • State Board of Education Policy 4400 (1991) implements a zero-tolerance policy towards youth gangs in schools.
    • Hawaii Revised Statutes 302A-1134.6 (2000) implements a zero-tolerance policy, stating “Any child who possesses, sells, or uses a dangerous weapon or switchblade knife, while attending school or while attending department-supervised activities held on or off school property, may be excluded from attending school for up to ninety-two school days, as determined by the principal and approved by the superintendent or other individuals.” Hawaii Revised Statutes 302A-1134 (2003) also states that any child found in possession of a firearm shall be excluded from attending school for not less than one year.
    • Violation of the dangerous weapons (including switchblade or any improperly used knife) policy results in exclusion from attending school for up to 92 school days. Education Rule 8-19-13 extends the same policy to summer school, with a violation resulting in dismissal from summer school.

CORPORAL PUNISHMENT

  • Is Corporal punishment at schools permitted?
    • No. Hawaii Revised Statutes 302A-1141 provides that no physical punishment of any kind may be inflicted upon any student. Reasonable force may be used to restrain a student from hurting himself/herself or any other person or property.

BULLYING

  • Is there a state policy on bullying?
    • Definition of bullying: “Bullying” means any written, verbal, graphic, or physical act that a student or group of students exhibits toward other particular student(s) and the behavior causes mental or physical harm to the other student(s); and is sufficiently severe, persistent, or pervasive that it creates an intimidating, threatening, or abusive educational environment for the other student(s). Education Rule 8-19-2

HAZING

  • Is there a state policy on hazing?
    • State Board of Education Policy 4210 states that the practice of hazing as a part of athletics or other co-curricular and social activities is prohibited. Staff is required to inform students of this policy.

DRESS CODES

ENGLISH LANGUAGE LEARNERS (ELL)

  • Who is considered an ELL?
    • In Hawaii, an ELL is also referred to as Limited English Proficient (LEP) and is defined in Haw. Admin. R. §§ 17-794.1-3 as meaning “limited ability in speaking, reading, writing, or understanding the English language by a person whose native language is a language other than English or by a person who lives in a family or community environment where a language other than English is the dominant language.”
  • What is the assessment test used for ELL? What are the procedures for the test?
    • A WIDA-ACCESS Placement Test (W-APT ): Students who may be limited English proficient are tested for English language proficiency when they first enter school using the W-APT. The results of the test help determine what kind of English language support is needed for the students to progress in school. Appropriate services are then provided to help students work towards the HCPS III and WIDA ELP Standards.
    • Assessing Comprehension and Communication in English State-to-State for English Language Learners (ACCESS for ELLs ): Beginning with the school year 2009-2010, ELL Program students are annually tested using the Hawaii Department of Education adopted WIDA English language proficiency assessment, the ACCESS for ELLs ®. The ACCESS for ELLs ® test is used to determine a student’s language progress and proficiency in developing English.
  • What instructional programs are available for ELLs?
    • Instructional programs for ELL students are covered by the individual school districts rather than directed by the Department of Education.
    • An example for the Kau, Keaau, Pahoa area may be seen here: “English Language Learners Program Plan for School. Kau / Keaau / Pahoa Complex Area,” School Year 2009-2010, available at: http://naalehuel.k12.hi.us/ELLl.pdf
  • Parent Involvement
    • There are no specific references to parental involvement in ELL programs.
    • References for parents include the “ACCESS for ELLs Interpretive Guide for Score Reports,” by the WIDA Consortium, published in Spring 2011, available online at http://www.wida.us/assessment/ACCESS/ScoreReports/ACCESS_Interpretive_Guide11.pdf
      • This Interpretive Guide is divided into three parts. Part 1 describes the types of scores generated from ACCESS for ELLs. Part 2 describes each score report for ACCESS for ELLs and offers information on the meaning and the use of the data in the reports. Part 3 presents an analysis and discussion of example Teacher Reports and Student Roster Reports.
  • Documents or links
    • Hawaii Department of Education, “English Language Learner (ELL) Program,” available at http://doe.k12.hi.us/englishlanguagelearners/. This is the website for the Department of Education for the State of Hawaii’s section devoted to ELL Programs.

ABILITY GROUPING FOR LEARNING PURPOSES

  • Special Education Requirements
    • According to the Hawaii Department of Education, Department of Special Needs and Support, special education is provided as required by law (Individuals with Disabilities Education Improvement Act of 2004 (IDEA) and Hawaii Administrative Rules Chapter 56). The law guarantees a free appropriate public education which includes a continuum of services for students who are eligible for special education and related services. A student is eligible to receive special education and related services from the ages of 3 to 20 after meeting the eligibility criteria for one of the disability categories. In addition to meeting the eligibility criteria for one of the disability categories, the student must demonstrate a need for special education and related services. The eligibility categories are: autism, deaf-blindness, deafness, developmental delay, emotional disturbance, hearing impairment, mental retardation, multiple disability, orthopedic impairment, other health impairment, specific learning disability, speech-language impairment, traumatic brain injury, and visual impairment, including blindness.
      See Hawaii Department of Education, Special Needs Services and Support available online at: http://www.iser.com/state-gov/special-needs-HI.html
  • Does the state guarantee students access to any specific classes or quality of classes (i.e. such as college prep, etc.)?
    • On February 25, 2011, DOE officials announced a new free SAT/ACT test preparation program available to all Hawaii students. SOAR, Student Online Achievement Resources, is a web-based program that offers students testing and tutorials in reading and math for grades 3-12 and free SAT/ACT online test preparation courses. SOAR connects students studying for the SAT and ACT to The Princeton Review’s comprehensive online college test preparation courses. The interactive online courses contain subject content, test-taking tips and techniques, and information about the SAT and ACT.

    http://lilinote.k12.hi.us/STATE/COMM/DOEPRESS.NSF/a1d7af052e94dd120a2561f7000a037c/4b1364d9c58b231b0a2578420076257c?OpenDocument

  • Does the state require schools to have Gifted & Talented programs? Are there any admission requirements?
    • “Gifted and talented children” refers to students who have superior performance or potential ability or talent in any of the following areas: intellectual, creative or specific academic abilities, leadership capabilities, psychomotor abilities, or abilities in the performing or visual arts. Hawaii Rev. Stat. § 302A-101.
    • The screening and identification process to determine whether a student may be admitted includes the application of a minimum of five criteria, including both objective and subjective data. These include standardized ability tests, standardized achievement tests, teacher recommendations, parent nominations, peer nominations, self nominations, tests for creativity, professional assessment of student creations or performances, interviews, portfolios, auditions, and cumulative records.
    • Each school is required to establish a plan for gifted and talented students. The plan must be approved by the complex area superintendent. See Department of Education State of Hawai’i, Office of Curriculum, Instruction & Student Support Instructional Services Branch “Program Guide to for Gifted and Talented,” Spring 2007, available online at: http://gt.k12.hi.us/files/GT_Guide.pdf

GRADUATION REQUIREMENTS

  • Hawaii Graduation Requirements
    • The minimum requirements for graduation from high school, grades 9-12, are twenty-two (22) credits in the following courses.
      • English 4.0 credits
      • Social Studies 4.0 credits
      • Mathematics 3.0 credits
      • Science 3.0 credits
      • Physical Education 1.0 credits
      • Health 0.5 credits
      • Guidance 0.5 credits
      • Electives 6.0 credits
    • Students who demonstrate proficiency in the Hawaii Content and Performance Standards and General Learner Outcomes in the required courses shall receive a high school diploma.
    • In addition, the Board of Education Policy 4540 requires that all students, beginning with the graduation class of 2010, complete a Personal Transition Plan. Students who meet additional requirements, which include a senior project, shall receive a Board of Education Recognition Diploma. Proficiency shall be determined in accordance with established Department of Education procedures.

    Helpful documents or links
    See Hawaii Department of Education, “High School Graduation,” http://graduation.k12.hi.us/index.html

STATE PARENT INFORMATION RESOURCE CENTERS

  • General
    • Parent Information and Resource Centers (“PIRCs”) are funded by the U.S. Department of Education, Office of Innovation and Improvement, to implement successful and effective parental involvement policies, programs, and activities that lead to improvements in student academic achievement and that strengthen partnerships among parents, teachers, principals, administrators, and other school personnel in meeting the education needs of children.
    • The Hawaii Parent Information Resource Center (“HPIRC”) is a partnership of not-for-profit family centers, the Hawaii Department of Education (“HDOE”), and targeted schools on the islands of Oahu, Hawaii, Kauai, and Molokai. Their stated purpose is to enrich the education of children by strengthening the relationship between the school and family.

    Contact Information
    · HPIRC State Office 1485 Linapuni Street, Suite 105 Honolulu, HI 96819 Telephone (877) 994-7472 E-Mail: info@hawaiipirc.org
    · Website: http://www.hawaiipirc.org/

    HAWAII STATE BOARD OF EDUCATION
    Contact Information
    · Mailing Address: Hawaii Department of Education P.O. Box 2360 Honolulu, Hawaii 96804
    · Location: Hawaii Department of Education 1390 Miller Street Honolulu, Hawaii 96804 Telephone (808) 586-3349
    · Website: doe.k12.hi.us/index.html

    U.S. DEPARTMENT OF EDUCATION OFFICE FOR CIVIL RIGHTS
    Contact information for the Hawaii office
    Alaska, American Somoa, Guam, Hawaii, Idaho, Montana, Nevada, Oregon, Washington and the Mariana Islands Office for Civil Rights
    Seattle Office U.S. Department of Education 915 Second Avenue, Room 3310 Seattle, WA 98174-1099 Telephone: (206) 607-1600 Facsimile: (206) 607-1601 Email: OCR.Seattle@ed.gov