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HAWAII - DEPARTMENT OF EDUCATION - DUE PROCESS HANDBOOK FOR ADMINISTRATIVE ACTIONS

NCJ Number
64792
Author(s)
ANON
Date Published
1979
Length
208 pages
Annotation
PROCEDURES AND COURSES OF ACTION TO BE IMPLEMENTED BY SCHOOL ADMINISTRATORS IN ACCORDANCE WITH RULES AND REGULATIONS APPLICABLE TO ABUSED, NEGLECTED, AND MISBEHAVING CHILDREN IN HAWAII ARE PRESENTED.
Abstract
THE DUE PROCESS HANDBOOK SEEKS A BALANCE BETWEEN REASONABLE RESTRICTIONS ON PERSONAL RIGHTS WHICH ARE NECESSARY FOR STUDENT SAFETY, HEALTH, AND THE ORDERLY PROCESS OF EDUCATION AND THE INDIVIDUAL'S RIGHTS. MAJOR TOPICS INCLUDE LEGAL AND ADMINISTRATIVE REQUIREMENTS, GUIDELINES FOR PROGRAMMING, AND PROCESS AND PROCEDURES. DISCIPLINARY ACTION, REPORTING CHILD ABUSE AND NEGLECT, WITHDRAWAL OF SCHOOL-AGE CHILDREN, REFERRAL TO FAMILY COURTS, FAILURE TO ENROLL, AND POLICE INTERVIEWS AND ARRESTS DURING SCHOOL HOURS ARE DETAILED. APPLICABLE LEGAL AUTHORITY, INCLUDING SPECIFIC RULE CITATIONS, AND PROVIDED. UNLESS EXCLUDED FOR CAUSE, ALL CHILDREN BETWEEN THE AGES OF 6 AND 18 MUST ATTEND A PUBLIC OR PRIVATE SCHOOL. THE BOARD OF EDUCATION IS RESPONSIBLE FOR ADMINISTERING COMPULSORY ATTENDANCE. RULE 21, PROMULGATED BY AUTHORITY OF CHAPTER 350 OF THE HAWAII REVISED STATUTES, COVERS SERIOUS DISCIPLINARY ACTIONS INCLUDING SUSPENSIONS. REGULATION 4240.4 REQUIRES SCHOOL PERSONNEL TO REPORT SUSPECTED CHILD ABUSE TO THE PRINCIPAL OR DESIGNEE. THE PRINCIPAL MUST REPORT CHILD ABUSE AND NEGLECT TO THE DEPARTMENT OF SOCIAL SERVICES AND HOUSING. WHEN ALL APPROPRIATE REFERRAL RESOURCES WITHIN THE SCHOOL AND THE COMMUNITY HAVE BEEN EXHAUSTED REGARDING AGGRESSIVE, HOSTILE, OR UNMANAGEABLE CHILD, REFERRAL TO THE FAMILY COURT IS THE NEXT STEP. IN ACCORDANCE WITH REGULATION 4140.1, THE SCHOOL SUPERINTENDENT MUST PUBLISH ANNUAL NOTICE OF THE LEGAL REQUIREMENTS OF COMPULSORY EDUCATION. PRIVATE SCHOOLS MUST ALSO BE NOTIFIED OF THEIR RESPONSIBILITIES. POLICE OFFICERS MAY INTERVIEW STUDENTS FOR NONSCHOOL-RELATED OFFENSES DURING SCHOOL HOURS ONLY WHEN PARENTAL CONSENT IS OBTAINED. FORMS, AN APPENDIX OF MATERIAL, AND TABULAR DIVIDERS ARE PROVIDED. (LWM)