CHAPTER 19, AGAIN

Recent media reports that drug-sniffing dogs could be put into
Hawai'i's public schools will certainly reassure and satisfy many
parents and some students. Proposed amendments to Chapter 19 were to
be considered in public hearings throughout the state beginning April
6; On Kaua'i, the hearing will be held Monday at 3:30 p.m. in the
cafeteria at Chiefess Kamakahelei Middle School in Puhi.

Chapter 19 is the document that promises to provide Hawai'i "students
with optimal learning conditions" in a "safe, caring, nurturing ...
learning environment" and contains the disciplinary rules for Hawai'i
public school student conduct.

The proposed amendments, if adopted, will not only pave the way for
drug sniffing-dogs, they will also expand the definition of fighting
to include "physically supporting a fight by one's presence and
encouragement." If a student watches a fight long enough to realize
it is a fight in order to report it, will that student be accused and
found guilty of Assault 3?

Another amendment adds "cyberbullying" as a form of harassment and
another also defines it as a stand-alone offense - off campus as well
as on. When did public school officials believe they had the
authority to regulate and punish students for off-campus cyberspeech?
According to the American Civil Liberties Union of Hawai'i, "This
proposal is fraught with serious and immediate constitutional problems."

An amendment which will surely irritate students is one that permits
student lockers to "be subject to opening and inspection (and
external dog sniffs) by school officials at any time with or without cause."

The amendment adds that "Students should assume that their lockers
are subject to opening and inspection ..." and in the course of
discussing other types of searches on campus, the amendment states
that though these searches provide a reasonable expectation of
privacy to students, they shall not "in any way be construed to
create an expectation of privacy in student lockers." What do
students keep in their lockers that frighten school administrators so
much that the condition of "reasonable suspicion of wrongdoing" is
not enough to gain access?

Let's look back to find out. According to McKinley High School
principal Ron Okamura, "McKinley has on average about 15 to 20
incidents of 'illicit drugs,' which includes everything from
cigarettes to marijuana." According to Principal Okamura, "just one
violation is too much."

If McKinley High School has a student population of approximately
1500 students, as I was told by the woman who answered the phone in
the administration office, where is the justice in denying 100
percent of McKinley's students their Fourth Amendment rights because
1 percent of the student population has a pack of cigarettes or a
joint in their lockers?

It is sad that there are always donors willing to fund punitive
programs in schools and yet rarely is that money available for books,
vocational training, drug rehab programs or parenting classes.

Parents, get involved to improve the quality of your child's
education and attend the hearing on proposed amendments to Chapter 19
on Monday at 3:30 p.m. in the cafeteria at Chiefess Kamakahelei Middle School.

. Questions? A support group of adults in our Kaua'i community have
"stepped into the corner" for our teens, to answer questions and give
support to youth and their families! Please e-mail questions and
concerns facing our youth and families today to LaVerne Bishop,
Program Director of Hale 'Opio, at lbishop@haleopio.org