When a student faces discipline in school, the matter is about more than any potential misconduct. Depending on the disciplinary action, the results could affect a student's plans, including college and career.
When a school official accuses your student of misconduct, you don't need to simply accept the school's decision. In some cases, a school official may have erred, or the school may be missing important information about an incident.
At other times, your student may have erred, but the school's planned disciplinary actions are unduly severe. You may disagree with the student's proposed disciplinary action and believe it will cause additional problems for your student.
You are your child's best advocate in these situations. The Lento Law Firm works with families nationwide to navigate the disciplinary process and find the best possible solution for their students.
What Types of Disciplinary Action Does Hawai'i Allow?
Hawai'i grants schools a wide range of options when disciplining students or assisting students in improving their behavior. These options include:
- Meeting with the student and/or parents or guardians
- Individualized instruction
- Detention
- Loss of privileges
- Disciplinary transfers
- Crisis Removals
- Suspension, either in or out of school
- Restitution
- Dismissal
Hawai'i uses dismissal instead of expulsion when referring to any long-term removal from school.
The state does not allow any corporal punishment, restraint, or seclusion as a disciplinary measure. The deciding authority for any disciplinary action depends on the severity of the offense.
What is Chapter 19?
In documents from the Department of Education or other articles or pamphlets relating to student discipline in Hawai'i, you may have seen references to Chapter 19. This is the section of the Hawai'i Code that focuses on student misconduct and student discipline. These laws are in addition to federal laws and any policies individual school districts may implement.
Additional rules about schools can be found in the Hawai'i Revised Statutes, Title 18.
What is the Hawai'i Student Bill of Rights and Responsibilities?
In addition to school district policies and handbooks, Hawai'i has a statewide student bill. This document reaffirms the rights students have in schools, including the right to due process during disciplinary hearings.
Does Hawai'i Allow Corporal Punishment, Restraint, or Seclusion?
No. The state has banned all forms of physical punishment as a form of discipline. If you believe your child's school has engaged in any of these practices, you should contact an attorney immediately.
What is Serious Discipline?
Hawai'i uses the term serious discipline when referring to disciplinary actions that are stricter or related to more severe misconduct.
The state defines the following actions as serious discipline:
- Dismissals
- Disciplinary transfers
- Crisis removals
- Suspensions that
- Exceed 10 continuous school days
- Exceed 10 total school days in one semester
- Result in a crisis removal
What Factors Do Schools Consider When Deciding Whether to Discipline a Student?
Hawai'i provides a list of factors for school administrators to use when determining student discipline. These include:
- What was the student's intention, or why did they behave or act in a way that resulted in a potential misconduct violation?
- What was the nature and severity of the offense?
- What was the offense's impact on others (e.g., did the action disrupt another student's education or result in injury)?
- Was the action performed by a single individual or by a group?
- What was the student's age at the time of the incident?
- What is the student's previous behavior?
- Has the student had repeated misconduct incidents?
- If the student has a disability, does their conduct relate to their disability?
These factors are not exclusive but intended to provide a guide for school administrators when determining how to address a student's misconduct.
What Types of Behavior or Actions Does Hawai'I Consider to Be Misconduct?
Hawai'i divides student misconduct into four classes: A, B, C, and D. Classes A and B are more serious and must be reported to the school's principal. Any school employee who fails to report a suspected Class A or B offense may be subjected to disciplinary action.
What is a Class A Offense?
Hawai'i considers the following types of behavior to be a Class A Offense:
- Assault
- Burglary
- Possession or use of a dangerous instrument or substance
- Possession or use of a dangerous weapon
- Possession or use of firearms
- Possession, use, or sale of intoxicating substances, such as alcohol
- Possession, use, or sale of illicit drugs
- Possession, use, or sale of drug paraphernalia
- Extortion
- Fighting
- Homicide
- Property damage or vandalism
- Robbery
- Sexual offenses
- Terrorist threats
Any school employee who witnesses or suspects a student of engaging in one of these activities must report this conduct to the principal or other designee.
What is a Class B Offense?
Hawai'i defines the following types of behavior to be a Class B Offense:
- Bullying
- Cyberbullying
- Disorderly conduct
- False alarm
- Forgery
- Gambling
- Harassment
- Hazing
- Inappropriate or questionable uses of internet materials and/or equipment
- Theft
- Trespassing
Any school employee who witnesses or suspects a student of engaging in one of these activities must report this conduct to the principal or other designee.
What is a Class C Offense?
Hawai'i lists the following actions and behaviors as falling under the Class C Offense category:
- Abusive language
- Cutting class
- Insubordination
- Possession or use of a laser pen or pointer
- Leaving campus without consent
- Smoking or use of tobacco substances
- Truancy, or skipping school
While school staff members may report a witnessed or suspected violation of one of the above offenses, they are not required to report it. In situations involving cutting class or truancy, schools should not impose suspension or serious discipline on students.
Any disciplinary action taken in response to a Class C offense must be within the school year that the misconduct occurs. The exception is if the misconduct occurs within the last 20 days of a school year.
What is a Class D Offense?
The final class of offenses, Class D, represents the least severe cases of misconduct. This class includes:
- Possession or use of contraband, which is any property or items that are banned while on school grounds
- Minor problem behaviors
- Violation of other school rules
- Any other conduct a school wishes to ban or limit
If schools include additional rules or policies about misconduct, they must inform the wider school community. Schools cannot take any serious disciplinary action against a student who commits a Class D Offense.
Similar to Class C, while school staff members may report a witnessed or suspected violation of a Class D offense, they are not required to report it.
What Happens if My Student Brings a Gun or Other Firearm to School?
The Gun-Free Schools Act is a federal law that requires any student who possesses a firearm on school grounds to be dismissed for at least one calendar year. The Act also applies to any school-sponsored event, including those conducted at property not owned or leased by the school, or in vehicles used for school purposes, such as buses.
When a student is dismissed from school, a district may provide them with alternate education activities. School offices may, depending on the circumstances, reduce the one-year dismissal period.
Are There Any Exceptions to Bringing a Firearm to School?
Yes. If a student has a firearm due to a school-sponsored activity such as JROTC, they are allowed to have a firearm on campus without facing disciplinary action.
My Student Brought a Knife to School. Will They Be Dismissed for a Full Calendar Year?
No. Hawai'i limits disciplinary for possession of a knife to exclusion from school for up to 92 days.
What Happens If a Student Has Drugs or Alcohol While on School Grounds?
Any student who possesses, uses, or sells drugs or alcohol while on school grounds or at school-sponsored activities faces disciplinary action. This can include a student who is under the influence after using drugs or alcohol while off campus or at a non-school event.
Schools suspend a study for up to 92 days. In some cases, students may be screened or referred to drug or alcohol counseling.
Can a School Call the Police on My Student?
Yes, although the school must follow specific procedures. Schools may call the police after a student commits or is believed to have committed a Class A or B offense. School administrators may also call the police when school staff is unable to handle a student's behavior or if a student's behavior or conduct puts members of the school community in "perceived danger."
Can the Police Interview My Student in School?
Yes. Police may interview a student for offenses that occurred both in and out of school.
In all cases, a school should try to inform a parent or guardian that the police wish to interview their student. Hawai'i does not require that parents or guardians be present at these interviews. If a parent or guardian fails to respond in a timely manner, the police may proceed to interview the student without the presence of a parent or guardian.
If you believe the school or the police overstepped when dealing with your child, you should contact an experienced legal team immediately to determine your options and protect your student's rights.
What is a Crisis Removal?
A crisis removal occurs when a student's behavior or actions:
- Present a "clear, immediate threat" to any member of a school community, including the student in question
or
- Disrupts the ability of other students to receive an education
Classified as an emergency, a crisis removal allows schools to immediately exclude a student from school for either of the above behaviors. Schools should attempt to contact parents via phone as soon as possible after a crisis removal.
Schools must either mail or deliver in a person notification of a crisis removal to parents or guardians.
A crisis removal should not occur for more than 10 days. If a crisis removal needs to last beyond that period, the superintendent will need to approve the extension.
What is a Disciplinary Transfer?
After finding a student engaged in misconduct, a school may choose to move a student from their current school.
What is Restitution?
When a student destroys or damages school property, the student and their family may be required to pay for the damages. Hawai'i states that payment may be either monetary or nonmonetary, and the damage must have been the result of negligence or vandalism on the student's part.
Restitution may accompany other disciplinary actions. It must occur after the completion of any disciplinary proceedings.
What is a Dismissal?
Hawai'i uses the term dismissal rather than expulsion for any long-term removal from school. The state defines a dismissal as being for at least the remainder of a school year.
My Child's School Recommended "Individualized Instruction Related to a Student's Problem Behaviors" as a Disciplinary Action? What is it?
A school may recommend individualized instruction when school officials believe your student's misconduct is the result of behavioral issues. In these situations, the school devises a plan that will include training and development programs. The goal is to help a student address and improve their behavioral issues.
What Happens If a Disciplinary Transfer, Dismissal, or Suspension Lasting More Than 10 Days?
Hawai'i provides the same due process procedure for all of these disciplinary actions. A school district will generally follow these steps:
- The principal or another school official will investigate the suspected or alleged misconduct.
- If the principal or official believes the student did engage in the suspected or alleged misconduct, they will refer the matter to the superintendent to receive verbal authorization to begin proceedings.
- Within three days, a school official will notify the parents or guardians by mail of the alleged misconduct, the recommended disciplinary action, and how to appeal.
- If a family wishes to appeal the school's decision, they must file a written request within seven school days of receiving the notice.
- Within 10 days of receiving the notice of appeal, the superintendent will schedule a meeting within 15 days and inform the family of the time, date, and location.
- Families may solicit the services of legal counsel for the hearing.
- During the appeal, both sides will have the opportunity to present evidence to an impartial designee.
- Within seven days of the meeting, the superintendent will issue a written decision. They will mail this decision to the family and the family's attorney, if the family retained counsel.
Is an Appeal Public?
No. The exception is if the student and their family want the appeal to be public.
Can My Student Attend School During the Appeals Process?
It depends. Whether a student continues to attend school during this period depends on the nature of the offense and whether the principal believes the student's presence would be a disruption to other students' education or put the health and safety of the school community at risk.
Even if permitted to attend school, a student will not be allowed to participate in any extracurricular activities until the matter is resolved.
If We Disagree with the Appeal, Can We Appeal That Decision?
Yes. Families have seven days to appeal once they receive the decision.
Families should be aware that if disciplinary action is not possible during the current school year due to an appeal, the disciplinary action, if upheld, can be moved to the following school year.
What is an Alternative Educational Program (AEP)?
An AEP is any program that is educational but conducted in a non-school setting. Hawai'i does not consider homeschooling to be an AEP. AEPs address the same content and performance standards as general public schools.
The Alternative Learning Programs (ALP) Branch, a division of the Department of Education, provides support for AEPs throughout the state.
Two other acronyms to know that relate to AEPs:
- Alternative Learning Opportunity (ALO) is recommended for students struggling in a traditional school setting.
- Alternative Learning Programs, Services and Supports (ALPSS) is a branch of the Hawai'i Department of Education that focuses on combining educational, behavioral, and social-emotional competencies. The goal of ALPSS is to provide support for student transitions between types of schools and increase graduation rates.
If you believe your student would benefit from any of these programs, contact your student's current school. Misconduct issues in school are often due to underlying issues or the need for more specialized support or a change from a traditional school environment.
What is the Comprehensive Student Support System (CSSS)?
Since the 1990s, Hawai'i has used the CSSS system to support all students. CSSS is based on the idea of supporting the whole child within schools and not just their educational needs. The Department of Education states that CSSS has three primary components:
- High-quality instructional leadership
- Curriculum, instruction, and assessment
- Comprehensive student supports continuum.
Other aspects of the program include social-emotional learning, coordination of school and community resources, and home-hospital instruction. The latter program allows parents or guardians to apply for instruction at home or in a hospital for a student who will miss at least 10 consecutive school days due to a medical issue.
If your student is having behavioral issues, you should contact your school to see how to better use CSSS to support your student and provide them with other services. This can be especially beneficial for students without disabilities who don't qualify for support under federal law.
What is Chapter 61?
If your student has a disability, you may see references to Chapter 61. This is the section of Hawai'i's education code that relates to students with disabilities, including disciplinary actions. Chapter 61 closely relates to the Individuals with Disabilities Education Act (IDEA), including how to implement an Individual Education Plan (IEP).
My Student Has a Disability. Does That Affect Discipline?
It depends. Schools cannot discriminate against students who have a disability. For students who have a disability and face disciplinary action, the key question is whether the misconduct or behavioral issues relate to the student's disability.
An IEP Team, along with parents or guardians, should schedule a meeting. The purpose of this meeting is to determine what impact, if any, a student's disability had on their misconduct.
If misconduct either relates to a student's disability or is the result of a school's failure to properly implement a student's IEP, the student will face either reduced or no disciplinary action.
If the misconduct is unrelated to a student's disability, they will be subjected to the same rules and policies as any other student. What differs is that they may receive additional support even if disciplined, e.g., a student with disabilities who is dismissed from school may still be entitled to some support from the district.
My Student Has a Disability and Was Found to Possess Drugs on School Property. What Happens Next?
In cases of possession or use of drugs, alcohol, or firearms, students with disabilities are treated no differently than other students. A student with disabilities will be subjected to the same disciplinary actions with the caveat that they may still be entitled to receive some services or an IAES placement.
My Student Has a Disability and Was Suspended for Five Days. The School District Says They Do Not Have to Provide Alternative Education. Is This True?
Yes. Any removal of fewer than 10 days is not considered a change in placement. Any removal of more than 10 days is considered a change in placement, and the school must provide alternate educational activities for the student and potentially revise their IEP.
While that is the current law, a 2022 report from the U.S. Department of Education suggests that even a short-term removal of less than 10 days may trigger the need for an IEP meeting. The goal of this meeting would be to ensure that a student is still receiving a free appropriate public education (FAPE). The report also suggests that repeated short-term removals may indicate a student's IEP needs revising or the student is otherwise not receiving needed services and support.
Even if a student has had multiple suspensions that combine to equal over 10 days, these repeated suspensions may not be considered a change of placement or trigger an IEP meeting. The school has the power to determine whether these actions should be considered a change of placement.
If you believe your child's misconduct is the result of not receiving needed services or the school not implementing your student's IEP, you should arrange a meeting with the school. You may also wish to consult with outside experts, such as attorney advisors, to determine your options and the best way to support your child.
What is an Interim Alternative Educational Setting (IAES)?
An IAES is a temporary placement for a student with disabilities. An IAES placement occurs when a student is removed from their current school for disciplinary reasons. These placements are short-term and cannot exceed 45 days. While in an IAES, students should continue to work toward their educational goals and still progress to their IEP goals.
Protect Your Student's Right to an Education
The United States guarantees that all children have the right to free appropriate public education. Disciplinary action can significantly impact that right and negatively impact your child's future.
Even if you agree that your child erred, you do not have to simply accept a school's recommended discipline. When your child is facing disciplinary action, it's all the more important that you advocate for their education and well-being. Misconduct can often be the result of unmet needs, and you should work with the school to determine actions or programs such as CSSS and AEP.
As nationwide attorney advisors, the Lento Law Firm works with families from a wide variety of school districts. We help families find the best options for their students. Contact us online or at 888-535-3686.
