HB 302: "An Act relating to school discipline."

00 HOUSE BILL NO. 302 01 "An Act relating to school discipline." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 14.30.045 is amended by adding a new subsection to read: 04 (b) A school administrator may not suspend or expel a school age child from a 05 public school that the child is otherwise entitled to attend for wilful disobedience or 06 defiance unless the child's behavior creates a substantial risk of danger to the child or 07 another person. Nothing in this section prevents a school administrator from 08 suspending or expelling a child under AS 14.03.160 for possessing weapons or from 09 suspending or expelling a child for engaging in a physical fight or for possessing drugs 10 or alcohol on school grounds. In this subsection, "wilful disobedience or defiance" 11 includes talking back to a school employee, cursing, eye rolling, arriving late to class, 12 and other similar behavior. 13 * Sec. 2. AS 14.33.120(a) is amended to read: 14 (a) Each governing body shall adopt a written school disciplinary and safety 15 program. The program required under this subsection must be made available to

01 students, parents, legal guardians, and the public and include written 02 (1) standards for student behavior and safety that reflect community 03 standards and that include, at a minimum, basic requirements for respect and honesty; 04 standards required under this paragraph must be developed and periodically reviewed 05 with the collaboration of members of each school, parents, legal guardians, teachers, 06 and other persons responsible for the students at a school; a governing body may 07 require that standards developed under this paragraph be consistent for all schools in 08 an attendance area or the district; 09 (2) standards relating to when a teacher is authorized to remove a 10 student from the classroom for 11 (A) failure to follow student behavior and safety standards; 12 [OR] 13 (B) behavior described under AS 14.30.045(2); or 14 (C) wilful disobedience or defiance of reasonable school 15 authority; in this subparagraph, "wilful disobedience or defiance" has the 16 meaning given in AS 14.30.045(b) [AS 14.30.045(1) OR (2)]; 17 (3) procedures for notifying teachers of dangerous students consistent 18 with AS 47.12.310(b); 19 (4) standards relating to when a teacher, teacher's assistant, or other 20 person responsible for students is authorized to use reasonable and appropriate force to 21 maintain classroom safety and discipline as described under AS 11.81.430(a)(2); 22 (5) policies necessary to comply with provisions of state and federal 23 law, including 20 U.S.C. 1400 - 1482 (Individuals with Disabilities Education Act); 24 (6) standards to address needs of students for whom mental health or 25 substance abuse may be a contributing factor to noncompliance with the school 26 disciplinary and safety program; 27 (7) policies for implementing a student conflict resolution strategy, 28 including the nonviolent resolution or mediation of conflicts and procedures for 29 reporting and resolving conflicts; 30 (8) procedures for periodic review and revision of the school 31 disciplinary and safety program;

01 (9) policies and procedures consistent with standards for use of 02 restraint and seclusion of students as described in AS 14.33.125. 03 * Sec. 3. AS 14.30.045(1) is repealed.