LEGISLATIVE REPORT. REFERENCE: Act 148, Section 2 (1995 Legislature- S.B. 647), 302A--1134, Hawaii Revised Statutes

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1 LEGISLATIVE REPORT DATE: October 31, 2002 SUBJECT: Mandatory Expulsion Policy for Possession of a Firearm REFERENCE: Act 148, Section 2 (1995 Legislature- S.B. 647), Mandatory Expulsion Policy for Possession of a Firearm 302A--1134, Hawaii Revised Statutes Chapter 19, Hawaii Administrative Rules (amended and compiled 5/19/97) ACTION REQUESTED: Report on number of students excluded, types of firearms found in their possession and the schools from which they were excluded. DOE REPORT: With the revision of Chapter 19, Hawaii Administrative Rules, in May 1997, the definition of firearm was expanded beyond the federal and state laws to include air guns (which include BB guns or pistols, pellet guns, and CO2 or paint guns). Here is a summary for for incidents involving firearms: Total number of incidents = 24 Total number of individual students involved = 29 Total number of incidents involving firearms = 6 (as defined by the federal Bureau of Alcohol, Tobacco, and Firearms (BATF). Total number of incidents involving air guns = 18 Please refer to the for details.

2 Honolulu District 1. Central 2. Stevenson 3. Stevenson 01/24/02 Air BB gun 8 days crisis suspension 03/12/02 Air gun 10 days crisis suspension 04/16/02 Air BB gun 3 days crisis suspension Central District 4. Mililani 05/15/02 Air gun 179 days suspension (school days) 1 student 5. Waialua & Intermediate 6. Aliamanu 7. Scott 8 days 3 students (school year ended) 01/25/02 Explosive 5 days crisis suspension Homemade bomb 04/29/02 Air gun 28 days suspension 2 students Lessening of penalty of 1 school year 05/22/02 Air gun 10 days suspension Lessening of penalty of 1 school year Leeward District 8. Kapolei 08/01/02 Air BB gun 10 days suspension 9. Pearl City 02/01/02 Air BB gun 5 days crisis suspension Put BB gun to female s head. 10. Pearl City 02/06/02 Paint gun 5 days crisis suspension Student A 11. Pearl City 02/06/02 Paint gun 5 days crisis suspension Student B 1

3 Windward District 12. Castle 10/26/01 Air gun 5 days crisis suspension Student Sped. Crisis suspended to afford descalation of incident. Student then suspended for four and one-half months. 13. Castle 11/05/01 Gun 5 days crisis suspension Brought gun on campus and pressed against boy s throat. Hawaii District 14. Keaau 03/14/02 Explosive 48 days crisis suspension Had aerosol can and lighter; contents burst burning student s hand 15. Keaau 10/31/01 Pellet gun 10 days suspension Shot floor of bus with 16. Keaau 17. Keaau 18. Keaau 19. Keaau 20. Kealakehe gun. 10/31/01 Pellet gun 10 days suspension Student A told Student B to shoot his leg with gun. No injury. 10/31/01 Pellet gun 10 days suspension Brought to school 2 pellet guns and ammunition along with Halloween costume. 10/31/01 Pellet gun 10 days suspension Held gun and shot boy s leg as he directed her to. No injury. 01/1702 Explosive 2 days suspension Forgot to remove fireworks from backpack. 04/23/02 Explosive 365 days suspensions In possession bombmaking materials. 2

4 Hawaii District 21. Kealakehe Intermediate 22. Konawaena 23. Pahoa 24. Waiakea 25. Waiakea 26. Waiakea 27. Waimea 12/04/01 Air BB gun 365 days suspension Parent filed request for hearing. On 3/20/02, Deputy Superintendent approved reduction of suspension to 20 school days. 04/18/02 Air BB gun Dismissed for one calendar school year. Principal & parents requested dismissal to end of school year. Approved Brought 2 BB guns to school. Weapons were exposed on bus. Brought BB pistol from home to campus. by Deputy Super indent. 03/12/02 Air BB gun 1 day suspension Brought from home in backpack. Received from neighbor. 11/26/01 Explosive 3 days crisis suspension Put fireworks in water fountain. 01/30/02 Paint gun 2 days suspension Seen in possession of. 01/30/02 Paint gun 10 days suspension Seen in possession of. 03/15/02 Pellet gun Dismissed for one calendar year. Principal recommended dismissal to end of school year. Approved by Deputy Superintendent. Maui District None reported Kauai District 28. Chiefess Kamakahelei 05/15/02 Pellet gun 15 days suspension Brought to school to trade for peer s 29. Chiefess Kamakahelei watch.(student A) 05/15/02 Pellet gun 15 days suspension Had in backpack the pellet pistol traded watch for. (Student B) 3

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