Category
Limits on Referrals to Law Enforcement
Category
Limits on Referrals to Law Enforcement
State law requires districts to establish formal procedures governing referrals to local law enforcement.
Hawaii Administrative Rules 8-19 Student Misconduct, Discipline, School Searches and Seizures, Reporting Offenses, Police Interviews, and Arrests and Restitution for Vandalism.
§ 8-19-18. Prohibited Searches and Seizures. Except as provided in section 8-19-14 regarding student lockers:
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(1) Random searches are prohibited.
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(2) Strip searches are prohibited.
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(3) A school official shall not conduct a search requiring bodily contact of a student except when such a search is necessary to prevent harm to the health or safety, or both of a person or persons.
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(4) In the course of a search, the use of force against a student is prohibited unless the school official believes that the force to be used is necessary to prevent harm to the health or safety, or both of a person or persons or where the student physically resists the search.
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(5) A search conducted under the provisions of this subchapter shall be limited to the object or objects for which the search was conducted. However, any other object observed during a search may be seized by a school official when possession of the object is a violation of law or the provisions of this chapter, or when non-seizure may pose a threat to the health or safety, or both of a person or persons, including the school official conducting the searc. [Eff 5/23/86; comp 7/19/93; 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)