Exclusion from school
HRS §302A-1134
in effect302A-1134. Exclusion from school
(a) If for any reason a child becomes a detriment to the morals or discipline of any school, the child may be precluded from attending school by the principal, with the approval of the complex area superintendent; provided that this section shall not apply to children participating in the executive office on early learning public prekindergarten program pursuant to section 302L-7. The department shall seek the active participation of other public and private agencies in providing help to these children before and after they have left school. An appeal may be taken on behalf of the child to the superintendent of education within ten days from the date of such action.
(b) Any child who, while attending school, is
found to be in possession of a firearm, shall be excluded from attending school
for not less than one year. The due process procedures of chapter 19 of the
Department of Education, Hawaii Administrative Rules, shall apply to any child
who, while attending school, is alleged to be in possession of a firearm. The
superintendent, on a case-by-case basis, may modify the exclusion of a child
found to be in possession of a firearm while attending school. If a child is
excluded from attending school, the superintendent shall ensure that substitute
educational activities or other appropriate assistance shall be provided.
(c) Unless otherwise required by the
Individuals with Disabilities Education Act, 20 U.S.C. 1400, et seq., no person
who is twenty years of age or over on the first instructional day of the school
year shall be eligible to attend a public school; provided that if a person
reaches twenty years of age after the first instructional day of the school
year, the person shall be eligible to attend public school for the full school
year.
[L 1996, c 89, pt of §2 and am c 90, §3; am L 2003, c 187, §10; am L
2010, c 163, §1; am L 2014, c 215, §3; am L 2020, c 24, §2; am L 2022, c 224, §3]
Source: Hawaii State Legislature (capitol.hawaii.gov), via Internet Archive capturesURL: http://www.capitol.hawaii.gov/hrscurrent/Vol05_Ch0261-0319/HRS0302A/HRS_0302A-1134.htmFetched: 11/10/2026