Section 8-19-1 - Philosophy(a) Hawaii has established and supports a statewide system of public education. The compulsory nature of school attendance ensures that a student shall have the opportunity for an education. In addition to the education provided during the regular school year, the department offers students the opportunity to receive additional instruction and educational services through a self-supporting summer school program on a voluntary attendance basis. The department is committed to: (1) Provide the student with optimal learning conditions;(2) Select appropriate teachers for the student's instruction; and(3) Other programs that will help the student to succeed. In 1996, the department initiated a collaborative and systemic reform known as the Comprehensive Student Support System (CSSS), which provides a continuum of academic, social, emotional, and physical environmental supports and services to all students to facilitate their learning and their meeting of high educational standards. It is a CSSS community of caring and supportive relationships among students, teachers, families, and agencies working together that promote timely and appropriate services for all students. The goal of the school system is to provide a learning experience in safe, caring, nurturing, and orderly teaching and learning environments.
(b) It is the responsibility of every student to demonstrate respectful, responsible, non-discriminatory, safe, and ethical behaviors on department transportation, or during a department sponsored activity on or off school property. The department supports this through the establishment of a proactive systems approach to schoolwide discipline.(c) However, when a student's behavior violates established policies, rules, or regulations of the department, state or local laws, the department may take appropriate disciplinary action in accordance with this chapter. The purpose of school-administered discipline is to: (1) Promote and maintain a safe and secure educational environment;(2) Teach and acknowledge proper behavior which is beneficial to the educational process and self-development;(3) Deter students from acts which interfere with the purpose of education or which are self-destructive, self-defeating or anti-social;(4) Maintain proper student conduct to ensure that educational activities and responsibilities remain uninterrupted; and(5) Stop any discrimination (including unlawful discrimination), harassment (including sexual harassment), or bullying against a student based on. a protected class.(d) An educational worker conducting or participating in a school program, activity, or function sponsored or approved by the department, or hired to engage in carrying out an educational function, has a reasonable expectation to be free of undue disruption and threat of disorder or acts of violence, or both, committed against them by students.(e) In addition to the disciplinary action taken under this chapter, restitution for vandalism or for negligence shall be made in accordance with the provisions of this chapter. The purpose of restitution is to discourage acts of vandalism and negligence and to ensure recovery of the cost of public property damaged by acts of vandalism and negligence.(f) On occasions it is necessary for police officers to interview students or to take them into custody. This chapter is also intended to safeguard the rights and interests of students in attendance, to cooperate with police officers in the performance of their duties, to preserve the school milieu, and to delineate responsibilities of school personnel.[Eff 9/1/82; am 5/23/86; am and comp 7/19/93; am and comp 5/19/97; comp 2/22/01; am and comp 9/10/09] (Auth: HRS § 302A-1112) (Imp: Hawaii Const. Art. X, §3; HRS §§ 302A-1101, 302A-1112)