School board
committee unveils
draft of policy on
use of force

The school's security chief
says the language must be clear
about what's allowed

Maui BOE member calls for more safety

By Crystal Kua
Star-Bulletin

From a bear hug to a choke hold to a shove, the Board of Education is looking at when and in what form force should be used on students who are a threat to themselves or others.

The board's Student Services Committee unveiled yesterday a draft of a proposed policy on the use of force.

Such a policy is necessary, Department of Education staff told the committee, but the draft didn't go far enough in specifying exactly what school employees can or can't do.

"The language needs to be clear," said DOE safety and security chief Melvin Seo. He said training also should be provided so words or other means of avoiding a physical conflict could be used instead of force.

Committee Chairman Mike Victorino said that force should only be used as a last resort "or we'll end up in court."

The draft policy covers teachers, administrators, school employees, school volunteers, and contract or service providers.

Those personnel under the policy would have the "full support" of the board when they legally use force to physically restrain a student in order to maintain a safe and orderly environment.

"What we're trying to do is protect our folks, too," board member Karen Knudsen said.

The policy sets out the following circumstances in which personnel can use "reasonable and necessary" force:

To restrain a student from an act of wrongdoing.

To quell a disturbance that threatens physical injury.

To obtain possession of weapons or other dangerous objects which are within the control of the student.

To protect the personnel, others or public property.

Seo said the proposed policy's language is too broad.

For example, "wrongdoing" could include a student using cuss words, he said.

Also, he pointed to "restrain" as being unclear. "Does it mean a bear hug. Does it mean a sleeper hold? Does it mean a choke hold?" he asked.

The policy and any accompanying guidelines also need to give clear direction to employees, Seo said. "Can you twist somebody's arm?"

Board member Keith Sakata asked whether "full support" means providing a lawyer to an employer who could be charged with using excessive force.

Seo said there are statutes and department rules covering corporal punishment and the use of force during searches and seizures.

"It's only going to work if it reflects what the law says," Seo said of the proposed policy. "This is a good first step."

Concerns about restraining special education students who can't control themselves were also raised.

An amended version of the draft policy is expected to come before the committee at a future meeting.

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Maui BOE member
calls for more safety
at schools

By Crystal Kua
Star-Bulletin

The severe beating last month of an intermediate school student on Maui has prompted the island's Board of Education member to question whether laws are tough enough on young perpetrators.

Mike Victorino, chairman of the board's Student Services Committee, also said yesterday that the procedures for responding to a sick or injured child on public school campuses could be improved.

"I think there are some gaps and we need to eliminate them," he said.

Four students returned to school after a five-day suspension for the Nov. 17 attack on 13-year-old Cody Tavares at Kalama Intermediate School. District school officials said the suspensions were just initial actions, pending completion of a police investigation.

Victorino said he doesn't want the incident to send a message to students who engage in such behavior that they will get a slap on the wrist for a serious offense such as assaulting another student.

He said he is working with legislators to put more teeth into assault laws and make sure the laws align with school procedures.

During yesterday's committee meeting, Victorino also learned that substitute health aides are difficult to find, so some schools are left without a health aide when the regular aide is sick or otherwise absent.

Injuries should be attended to quickly and students and school personnel should not have to wait for long periods of time for help.

"We need immediate response," Victorino said.

The board and the Department of Education need to review procedures to ensure quick response, he said.

Committee members said it may become necessary for schools to have at least two people on campus who can perform cardiopulmonary resuscitation in case of an emergency.