HB299 By Representative Henry RFD Education Policy Rd 1 24-FEB-16

SYNOPSIS: Under existing law, at the beginning of each school year local boards of education are required to adopt and make available codes of student conduct that describe specific grounds for disciplinary action and explain the responsibilities and rights of students with regard to attendance, conduct, and other matters.

Also under existing law, local boards of education are required to develop and implement local policies and procedures requiring the one-year expulsion of students who have brought to school or have in their possession a firearm in a school building, on school grounds, on school buses, or at other school-sponsored functions.

This bill would require local boards of education to impose punishment in an offense appropriate manner on a case-by-case basis and would prohibit any local board of education from adopting and enforcing any so-called "zero tolerance" policies relating to rules of student conduct.

This bill would also provide that the one-year expulsion for possession of a firearm on school property is not a zero tolerance policy and would clarify that the definition of firearm should be narrowly construed.

A BILL TO BE ENTITLED AN ACT

To amend Sections 16-1-24.1 and 16-1-24.3, Code of Alabama 1975, relating to safe school and drug-free school policies and firearm-free schools; to provide legislative intent; to prohibit a local board of education from adopting or enforcing a zero tolerance policy; to require any punishment imposed to be on a case-by-case basis and appropriate for the offense committed; to provide that the one-year expulsion for possession of a firearm on school property is not a zero tolerance policy; and to clarify the definition of firearm.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:

Section 1. The Legislature finds that so-called "zero tolerance" policies adopted by local boards of education can result in unfair, unjust, and unconscionable punishment. The Legislature further finds that the administration of such policies frequently disregards the traditional concepts of American justice and sends the wrong message to students, and that in the application of zero tolerance policies, victims are sometimes punished equally with their offenders, and that too much weight is given to the letter of the law rather than the spirit of the law. The Legislature encourages local boards of education, administrators, principals, and teachers to thoroughly investigate alleged wrongful conduct and to mete out punishment appropriate to the offense, taking into consideration the gravity of the offense, the intentions of the offending student, and the prior disciplinary record of the offending student.Section 2. Sections 16-1-24.1 and 16-1-24.3 of the Code of Alabama 1975, are amended to read as follows:

§16-1-24.1.

"(a) The Legislature finds a compelling public interest in ensuring that schools are made safe and drug-free for all students and school employees. The Legislature finds the need for a comprehensive safe school and drug-free school policy to be adopted by the State Board of Education. This policy should establish minimum standards for classes of offenses and prescribe uniform minimum procedures and penalties, to be imposed on a case-by-case basis, for those who violate the policies. It is the intent of the Legislature that our schools remain safe and drug-free for all students and school employees. The State Board of Education shall adopt and all local boards of education shall uniformly enforce policies that protect all students and school employees. The State Board of Education shall require local school systems to modify their policies, practices or procedures so as to ensure a safe school environment free of illegal drugs, alcohol, or weapons. Any rules and regulations adopted by the State Board of Education pursuant to this section shall be exempt from subdivision (3) of Section 41-22-3(3). These modifications shall include the formulation of a discipline plan setting forth policies, practices, and procedures dealing with students or other persons who bring illegal drugs, alcohol, or weapons on a school campus. The discipline plan shall also include uniform drug-free school policies with uniform penalties, to be imposed on a case-by-case basis.

"(b) The principal shall notify appropriate law enforcement officials when any person violates local board of education policies concerning drugs, alcohol, weapons, physical harm to a person, or threatened physical harm to a person. If any criminal charge is warranted arising from the conduct, the principal is authorized to sign the appropriate warrant. If that person is a student enrolled in any public school in the State of Alabama, the local school system shall immediately suspend that person from attending regular classes and schedule a hearing at the earliest possible date, which shall not be later than five school days. The decision to suspend or initiate criminal charges against a student, or both, shall include a review and consideration of the student's exceptional status, if applicable, under Chapter 39, or appropriate federal statutory or case law.

"(c) If a person is found to have violated a local board of education policy concerning drugs, alcohol, weapons, physical harm to a person, or threatened physical harm to a person, the person may not be readmitted to the public schools of this state until each of the following requirements have been satisfied:

"(1) criminal Criminal charges or offenses arising from the conduct, if any, have been disposed of by appropriate authorities and.

"(2) the The person has satisfied all other requirements imposed by the local board of education as a condition for readmission.

"(d) Any person determined to be guilty of an offense involving drugs, alcohol, weapons, physical harm to a person, or threatened physical harm to a person, may be readmitted to the public schools of this state upon such conditions as the local board of education shall prescribe for preservation of the safety or security of students and employees of the local school board, which may include, but are not limited to, psychiatric or psychological evaluation and counseling.

"(e)(1) A copy of the school system's discipline plan of the school system shall be distributed to all students enrolled in the system and their parents, guardians, or custodians shall read the plan and sign a statement verifying that they have been given notice of the discipline policies of their respective school system. The school board shall have its official discipline plan reviewed on an annual basis to ensure that its policies and procedures are currently in compliance with applicable statutes, case law, and state and federal constitutional provisions.

"(2) All discipline plans of school systems shall include, but not be limited to, all of the following:

"a. A parent, guardian, custodian, or person, excluding a foster parent, responsible for the care or control of a minor child enrolled in a public school system shall be responsible financially for such child's the destructive acts of the child against school property or persons.

"b. A parent, guardian, custodian, or person, excluding a foster parent, responsible for the care or control of a minor child enrolled in a public school system may be requested to appear at school by an appropriate school official for a conference regarding acts of the child specified in paragraph a.

"c. A parent, guardian, custodian, or person, excluding a foster parent, responsible for the care or control of a minor child enrolled in a school system who has been summoned by proper notification by an appropriate school official shall be required under this provision to attend such discipline conference specified in paragraph b.

"(3) Any public school system shall be entitled to recover actual damages, plus necessary court costs, from the parent or guardian, or both, of any minor who maliciously and willfully damages or destroys property belonging to the school system. However, this section shall not apply to parents whose parental control of any child has been removed by court order or decree or to parents of exceptional children with specific mental and physical impairments if the damage is determined to result from the impairments. The action authorized in this section shall be in addition to all other actions which the school system is entitled to maintain and nothing in this section shall preclude recovery in a greater amount from the minor or from a person, including the parents or guardian, or both, for damages to which such minor other person would otherwise be liable.

"(4) This section shall apply only to acts committed on or after August 1, 1992.

"(f) The local school board shall adopt and make available to all teachers, school personnel, students, and parents or guardians, at the beginning of the 1992-93 school year and each school year thereafter, a code of student conduct developed in consultation with teachers, school personnel, students, and parents or guardians. The code shall be based on the rules governing student conduct and discipline adopted by the school board and may be made available at the school level in the student handbook or similar publication. The code shall include, but not be limited to, all of the following:

"(1) Specific grounds for disciplinary action.

"(2) Procedures to be followed for acts requiring discipline.

"(3) An explanation of the responsibilities and rights of students with regard to attendance, respect for persons and property, knowledge and observation of rules of conduct, the right to learn, free speech and student publications, assembly, privacy, and participation in school programs and activities.

"(g) Except in the case of excessive force or cruel and unusual punishment, no certified or noncertified employee of the State Board of Education or any local board of education shall be civilly liable for any action carried out in conformity with state law and system or school rules regarding the control, discipline, suspension, and expulsion of students.

"(h) Nothing in this section shall be construed to prevent a local board of education from promulgating more stringent rules and regulations than those adopted on the state level, in order to foster and maintain a safe and drug-free environment in the public schools.

"(i) Notwithstanding any other provision of state law, a local board of education may not promulgate, adopt, or enforce a zero tolerance policy relating to drugs, alcohol, weapons, physical harm to a person, or threatened physical harm to a person. In all school safety and disciplinary matters, punishment shall be imposed based on requirements of federal law and the particular facts and circumstances of the case, on a case-by-case basis, pursuant to a policy or discipline plan that provides flexibility in crafting punishment that is appropriate for the offense committed.

§16-1-24.3.

"(a) All city and county boards of education shall develop and implement local policies and procedures requiring the expulsion of students, for a period of one year, who are determined to have brought to school or have in their possession a firearm in a school building, on school grounds, on school buses, or at other school-sponsored functions. Notwithstanding the foregoing, This subsection may not be construed as creating a zero tolerance policy regarding firearms and city and county boards of education and the local superintendent of education of each board may modify the expulsion requirement for a student on a case-by-case basis. Students who are expelled for violation of this section shall not be allowed to attend regular school classes in any public school in the state during the expulsion period. Students who are expelled from schools for firearm possession may be permitted to attend alternative schools designed to provide education services. Discipline of students with disabilities who violate the firearm possession policies of city and county boards of education shall be determined on a case-by-case basis in accordance with the requirements of the Individuals with Disabilities Education Act (IDEA) and Section 504 of the Rehabilitation Act.

"(b) For the purposes of this section, the term "firearm" has the same meaning as defined in Section 921 of Title 18 of the United States Code and may not be expanded to include any other weapon or object.

"(c) When there are violations of the prohibition on firearms being brought to school or the possession of firearms by students, the school principal shall notify the appropriate law enforcement authority which may include city police, county sheriffs, and the local district attorney. In addition to notification of law enforcement officials, the school principal shall notify the parents of students who violate the firearm-free school environment provided for in this section.

"Law enforcement authorities involved with students charged with firearm violations shall refer the violators of this section to the appropriate authority in the judicial system when the action is feasible.

"(d) Local education agencies submitting applications for federal funds to the State Department of Education shall include in the application:

"(1) An affidavit to affirm that the local education agency has developed and implemented a policy to provide for a gun-free environment in all its public schools.

"(2) A description of the circumstances surrounding an expulsion imposed under this section including:

"a. The name of the school concerned.

"b. The number of students expelled.

"c. The types of weapons concerned.

"The State Department of Education shall report the information collected from the local education agencies to the Secretary of Education.

"(e) This section shall be strictly construed."

Section 3. This act shall become effective immediately following its passage and approval by the Governor, or its otherwise becoming law.

Education

Schools

Students

Board of Education, City

Board of Education, County

Firearms

Weapons

Drugs

Alcoholic Beverages

Zero Tolerance Policy

Code Amended