Chapter 19 is complicated, one of those documents where it would be nice to have a lawyer holding your hand while you read through it. Its subtitle — Student Misconduct, Discipline, School Searches and Seizures, Reporting Offenses, Police Interviews and
Chapter 19 is complicated, one of those documents where it would be nice to have a lawyer holding your hand while you read through it. Its subtitle — Student Misconduct, Discipline, School Searches and Seizures, Reporting Offenses, Police Interviews and Arrests, and Restitution of Vandalism — shows the level of detail of the document.
Chapter 19 basically states that if you break the rules at school as defined by Chapter 19, you break the law and you will be arrested. So Hamamoto is correct in suggesting that parents sit your public school child down and learn a few lessons from Chapter 19.
Two of the most important and most serious are:
(b) Any student found to be in possession of a firearm shall be dismissed from school for not less than a one-year period. The superintendent, on a case-by-case basis, may modify the punishment of a student found to be in possession of a firearm.
(c) Any student found to be in possession of a dangerous weapon, switchblade knife or any improperly used knife, intoxicating liquor or illicit drugs while attending school may be excluded from attending school for up to 92 school days. The principal or designee can approve suspensions of one to 10 days.
In other words, if your child is caught bringing a weapon, alcohol or drugs to school, your public school child will be in very serious trouble. Chapter 19 goes on to define other prohibited conduct and this conduct applies to all students in the public school system during school hours, on school premises, or during department-supervised activities, on or off school property. Chapter 19 categorizes prohibited and unlawful student conduct in several classes and defines the varying degrees of disciplinary action allowed for each category of class. The classifications of prohibited conduct include:
Class A Offenses: Assault; burglary; possession or use of firearms; possession or use of dangerous weapons, substances or instruments; possession, use or sale of illicit substances; possession, use or sale of drug paraphernalia; extortion; murder; property damage; robbery; sexual offenses; and terroristic threatening.
Class B Offenses: Disorderly conduct; rendering of false alarm; gambling; harassment; theft; and trespassing.
Class C Offenses: Class cutting; insubordination; leaving campus without consent; use of tobacco substances and smoking; truancy; and possession of a laser pen or laser pointer.
Class D Offenses: Possession or use of contraband; and any other conduct as may be prescribed and prohibited by school rules.
In describing the disciplinary action for each class of offense, Chapter 19 permits a good deal of discretion to be used by the district superintendent and to the principal of the individual school. That is one explanation as to why two children guilty of the same offense but attending different schools may have very different disciplinary action taken against them.
When a child is expelled or suspended from school, even for just a few days, this situation often results in major disruption to family life. If relationships between family members are not good to begin with, this situation may increase animosity between family members. Children sitting idle, exiled from their education and social network, often find negative ways to occupy themselves and may get into further trouble with the law. Parents needing to rearrange their work schedules may suffer economic downturns. And, of course, the shame of being expelled and loss of self-esteem felt by the child should never be forgotten.
Chapter 19 is a small part of a much larger document entitled Title 8 Department of Education. Title 8 describes all the rules of practice and procedure relating to the Department of Education. During the academic year, your child spends some 35 hours a week in school. As a parent, you may want to take a look at Chapter 19 and discuss the contents that are appropriate to your child regarding his or her behavior in school. Every parent in Hawai’i receives a copy of Chapter 19 when they enroll their child in public school, however, you can request another copy from your child’s school or from the district office in Lihu‘e. It just might help prevent some very unfortunate situations in the future.
Esther Solomon is the Teen Court manager for Hale ‘Opio Kaua’i, Inc. She can be reached at esolomon@haleopio.org, or Hale ‘Opio Kaua’i Inc., 2959 Umi St., Lihu’e, HI 96766. Questions? A support group of adults in our Kaua’i community have “stepped into the corner” for our teens to answer questions and give support to youth and their families. E-mail questions and concerns facing our youth and families today to LaVerne Bishop, program director of Hale ‘Opio, at lbishop@haleopio.org
