Compilation of School Discipline Laws and Regulations For The 50 States

Compilation of
School Discipline Laws

and Regulations
for the 50 States, Washington, D.C.
and Puerto Rico
Prepared by:
Child Trends
7315 Wisconsin Avenue
Suite 1200W
Bethesda, Maryland 20814
EMT Associates, Inc.

391 South Lexington Drive
Suite 110
Folsom, California 95630
Introduction
This document combines 52 separate documents one each for the 50 states, Washington
D.C., and Puerto Rico. Each document is a compilation of school discipline-related state
statutes, school discipline-related regulations, and, where available, links to state-sponsored
websites or resources related to school discipline and student conduct. The discipline laws and
regulations presented in this compilation have been categorized by type of specific discipline
issue covered, according to an organizational framework developed by the National Center for
Safe and Supportive Learning Environments (NCSSLE). For example, one major category
encompasses all state laws or regulations mandating specific disciplinary sanctions (such as
suspension) for specific offenses (such as drug possession on school grounds). The school
discipline laws and regulations were compiled through exhaustive searches of state legislative
websites that identified all laws and regulations relevant to each specific category. Compiled
materials were subsequently reviewed by state education agency (SEA) representatives in each
state.
Discipline categories were not mutually exclusive. Statutes and regulations often appeared
across multiple categories. For states with more extensive statutes covering a breadth of topical
areas, relevant sections were excerpted from the larger legislative text for inclusion in the
appropriate discipline category. State laws, ordered by chapter and section number, appear first
within each category followed by state regulations. All statutes and regulations listed within
categories in the compilation also appear in the sources cited section of the document, which
lists statutes by chapter and section number and title, and where available, includes active
hyperlinks to source websites supported or maintained by state legislatures. Additional links to
state-sponsored websites or resources are provided at the end of this document.
Notes & Disclaimers

To the best of the preparers knowledge, this Compilation of School Discipline Laws and
Regulations is complete and current as of May 2013, with the exception of the state laws related
to seclusion and restraint, which are complete and current as of December 2012. Readers
should also note that the information in this document was compiled from individual state
sources that are created by each state and which are maintained and updated with varying
frequencies. Readers should consult the source information provided for each state directly in
order to check for updates to this states laws and regulations or conduct further research.
For further information, including definitions of the different policy categories, please refer to the
Discipline Laws and Regulations Compendium posted on the Centers website.
List of states in order of appearance in this volume
1. Alabama
27. Nebraska
2. Alaska
28. Nevada
3. Arizona
29. New Hampshire
4. Arkansas
30. New Jersey
5. California
31. New Mexico
6. Colorado
32. New York
7. Connecticut
33. North Carolina
8. Delaware
34. North Dakota
9. Florida
35. Ohio
10. Georgia
36. Oklahoma
11. Hawaii
37. Oregon
12. Idaho
38. Pennsylvania
13. Illinois
39. Puerto Rico *
14. Indiana
40. Rhode Island
15. Iowa
41. South Carolina
16. Kansas
42. South Dakota
17. Kentucky
43. Tennessee
18. Louisiana
44. Texas
19. Maine
45. Utah
20. Maryland
46. Vermont
21. Massachusetts
47. Virginia
22. Michigan
48. Washington
23. Minnesota
49. Washington, D.C.
24. Mississippi
50. West Virginia
25. Missouri
51. Wisconsin
26. Montana
52. Wyoming
* A Spanish version of the Puerto Rico compilation is available via the online Discipline Laws
and Regulations Compendium.
Alabama
Compilation of School
Discipline Laws and
Regulations
Prepared: August 12, 2013
Introduction
This compilation presents school discipline-related state statutes, school discipline-related regulations,
and, where available, links to state-sponsored websites or resources related to school discipline and
student conduct. The discipline laws and regulations presented in this compilation have been categorized
by type of specific discipline issue covered, according to an organizational framework developed by the
National Center for Safe and Supportive Learning Environments (NCSSLE). For example, one major
category encompasses all state laws or regulations mandating specific disciplinary sanctions (such as
suspension) for specific offenses (such as drug possession on school grounds). The school discipline
laws and regulations were compiled through exhaustive searches of state legislative websites that
identified all laws and regulations relevant to each specific category. Compiled materials were
subsequently reviewed by state education agency (SEA) representatives in each state.
Discipline categories were not mutually exclusive. Statutes and regulations often appeared across
multiple categories. For states with more extensive statutes covering a breadth of topical areas, relevant
sections were excerpted from the larger legislative text for inclusion in the appropriate discipline category.
State laws, ordered by chapter and section number, appear first within each category followed by state
regulations. All statutes and regulations listed within categories in the compilation also appear in the
sources cited section of the document, which lists statutes by chapter and section number and title, and
where available, includes active hyperlinks to source websites supported or maintained by state
legislatures. Additional links to state-sponsored websites or resources are provided at the end of this
document.
Notes & Disclaimers

To the best of the preparers knowledge, this Compilation of School Discipline Laws and Regulations is
complete and current as of May 2013, with the exception of the state laws related to seclusion and
restraint, which are complete and current as of December 2012. Readers should also note that the
information in this document was compiled from individual state sources that are created by each state
and which are maintained and updated with varying frequencies. Readers should consult the source
information provided for each state directly in order to check for updates to this states laws and
regulations or conduct further research.
For further information, including definitions of the different policy categories, please refer to the Discipline
Laws and Regulations Compendium posted on the Centers website.
Prepared by:
Child Trends
Suite 1200W
Suite 110
Table of Contents
Alabama State Codes Cited ....................................................................................................................... 1
General Provisions ..................................................................................................................................... 3
Authority to develop and establish rules of conduct.................................................................................. 3
Scope ........................................................................................................................................................ 6
Communication of policy ........................................................................................................................... 7
In-School Discipline .................................................................................................................................... 9
Use of multi-tiered discipline approaches ................................................................................................. 9
Teacher authority to remove students from classrooms ........................................................................... 9
Alternatives to suspension ........................................................................................................................ 9
Use of corporal punishment .................................................................................................................... 12
Use of student and locker searches ........................................................................................................ 12
Other in-school disciplinary approaches ................................................................................................. 12
Out-of-School and Exclusionary Discipline: Suspensions, Expulsion, Restraint and
Seclusion, and Alternative Placements .................................................................................................. 16
Grounds for possible suspension or expulsion ....................................................................................... 16
Grounds for mandatory suspension or expulsion ................................................................................... 17
Limitations, conditions, or exclusions for use of suspension and expulsion ........................................... 18
Administrative procedures related to suspension and expulsion ............................................................ 18
In-school suspension .............................................................................................................................. 21
Return to school following removal ......................................................................................................... 21
Use of restraint and seclusion ................................................................................................................. 21
Alternative placements ............................................................................................................................ 26
Disciplinary Approaches Addressing Specific Infractions and Conditions ....................................... 31
Firearms (as required by the Guns-Free Schools Act) ........................................................................... 31
Other weapons ........................................................................................................................................ 35
Students with chronic disciplinary issues ................................................................................................ 38
Attendance and truancy .......................................................................................................................... 39
Substance use......................................................................................................................................... 45
Bullying, harassment, or hazing .............................................................................................................. 49
Other special infractions or conditions .................................................................................................... 53
Prevention and Behavioral Interventions (Non-Punitive) ..................................................................... 54
Prevention ............................................................................................................................................... 54
Behavioral interventions and student support services........................................................................... 58
Professional development ....................................................................................................................... 65
Monitoring and Accountability ................................................................................................................ 67
Formal incident reporting of conduct violations ....................................................................................... 67
Parental notification ................................................................................................................................. 73
Reporting and referrals between schools and law enforcement ............................................................. 75
Disclosure of school records ................................................................................................................... 79
Data collection, review, and reporting of disciplinary policies and actions ............................................. 79
School Resource and Safety Officers (SROs/SSOs) and Truant/Attendance Officers ...................... 82
Authority and power to implement school arrest ..................................................................................... 82
Certification or training ............................................................................................................................ 82
MOUs, authorization, and/or funding ...................................................................................................... 82
State Education Agency Support ............................................................................................................ 83
State model policies and implementation support .................................................................................. 83
Funding appropriations ........................................................................................................................... 84
Other/Uncategorized ................................................................................................................................. 89
Professional immunity or liability ............................................................................................................. 89
Community input or involvement ............................................................................................................. 90
Other/Uncategorized ............................................................................................................................... 91
State-Sponsored, Publicly Available Websites or Other Resources on School Discipline .............. 92
Alabama State Codes Cited

Alabama Revised Statutes
Title 16. Education
Chapter 1. General Provisions
16-1-10.
16-1-14.
16-1-23.
16-1-24.
16-1-24.1.
16-1-24.2.
16-1-24.3.
16-1-27.
Selling, etc., alcoholic beverages to school children; keeping on school premises

Removal, isolation, or separation of pupils creating disciplinary problems; state approval
necessary for rules implementing such measures; deprivation of right to equal and
adequate education may not result
Hazing prohibited; penalty
Reporting of property damage and physical assaults on students and school personnel;
legislative intent; penalties
Safe school and drug-free school policy; treatment of policy violators; promulgation and
distribution of discipline policy; liability limited for discipline actions; local boards may
adopt more stringent guidelines
Department of Education to develop statewide violence prevention program
Local boards of education to implement policies requiring expulsion of students who
possess firearms in school areas
Use of electronic communication devices on school property
Chapter 6B. Education Accountability Plan

16-6B-3.
16-6B-5.
16-6B-7.
Assistance programs
Local boards; safety and discipline accountability
Accountability reports to the public
Chapter 10. Boards of School Trustees

16-10-5.
Dismissal of pupils
Chapter 28. School Attendance

16-28-2.1.
16-28-3.1.
16-28-12.
16-28-14.
16-28-15.
16-28-16.
16-28-17.
16-28-20.
16-28-40.
Adoption of standards for mandatory attendance policy; parents held accountable;

enforcement
Guidelines and procedures for withdrawal from school; dropout prevention program.
Person in loco parentis responsible for child's school attendance and behavior;
noncompliance; local boards to promulgate written behavior policy, contents, annual
distribution, receipt to be documented; school officials required to report noncompliance;
failure to report suspected violation; district attorneys vigorously to enforce provisions
Habitual truant
Absence must be explained
Cases of nonenrollment and nonattendance; withdrawal of enrollment
When child may be taken into custody
Compensation of attendance officers
License applicant under 19 to provide documentation of school enrollment, etc.; duties of
school attendance official; withdrawal from school; conviction for certain pistol offenses
Chapter 28A. School Discipline

16-28A-1.
Legislative findings
Alabama Compilation of School Discipline Laws and Regulations
Page 1
16-28A-2.
16-28A-3.
16-28A-4.
16-28A-5.
Exemption of teachers and other employees from application of Title 26

Local boards of education required to develop and disseminate student discipline and
behavior policies
Immunity for teachers or administrators who report suspected drug abuse
Immunity for other authorized school personnel
Chapter 28B. Student Harassment Prevention Act

16-28B-1.
16-28B-2.
16-28B-3.
16-28B-4.
16-28B-5.
16-28B-6.
16-28B-7.
16-28B-8.
16-28B-9.
Short title
Legislative intent
Definitions
Prohibited behavior; complaints; school plans or programs
Model policy
Duties of schools
Freedoms of speech and expression
Implementation of standards and policies
Adoption of local policies
Chapter 40A. Responsible Sexual Behavior and Prevention of Illegal Drug Use
16-40A-1.
16-40A-3.
16-40A-4.
Legislative findings; purpose of chapter

Minimum contents to be included in drug education program or curriculum
Illegal conduct not to be encouraged or proposed to public school children
Chapter 41. Drug Abuse Education

16-41-1.
16-41-2.
16-41-3.
16-41-4.
16-41-5.
16-41-6.
16-41-7.
16-41-9.
16-41-10.
Short title
"Drug" defined
Purpose; legislative intent
Administration of chapter by State Superintendent of Education; priorities for
implementation
Exclusion of teacher or administrator employed by nonpublic school from participation in
institutes or programs
Exemption by parents
Adoption of regulations by state board; scheduling of drug abuse education courses
Combining of funds from various sources
Report of status of program by State Superintendent of Education
Title 41. State Government

Chapter 15B. Children First
41-15B-2.2.
Allocation of trust fund revenues
Alabama Administrative Code

Title 290. Alabama State Board of Education
Chapter 290-3-1. Public School Governance
290-3-1-.02.
Regulations Governing Public Schools
290-3-1-.02-.01(f). Permissible Use of Seclusion and Restraint
Page 2
General Provisions
Authority to develop and establish rules of conduct
STATUTES
16-1-14. Removal, isolation, or separation of pupils creating disciplinary problems; state approval
necessary for rules implementing such measures; deprivation of right to equal and adequate
education may not result.
Any city, county, or other local public school board shall, consistent with Section 16-28-12, prescribe rules
and regulations with respect to behavior and discipline of pupils enrolled in the schools under its
jurisdiction and, in order to enforce such rules and regulations, may remove, isolate, or separate pupils
who create disciplinary problems in any classroom or other school activity and whose presence in the
class may be detrimental to the best interest and welfare of the pupils of such class as a whole. Any rules
and regulations adopted pursuant to this section shall be approved by the State Board of Education. Any
such removal, isolation, or separation may not deprive such pupils of their full right to an equal and
adequate education.
16-1-24.1. Safe school and drug-free school policy; treatment of policy violators; promulgation
and distribution of discipline policy; liability limited for discipline actions; local boards may adopt
more stringent guidelines.
(a) The Legislature finds a compelling public interest in ensuring that schools are made safe and drugfree 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 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 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.
(e)(1) ... 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.
(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.
16-1-24.3. Local boards of education to implement policies requiring expulsion of students who
possess firearms in school areas.
(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
Page 3
school or have in their possession a firearm in a school building, on school grounds, on school buses, or
at other school-sponsored functions.
16-1-27. Use of electronic communication devices on school property.
(c) Each local board of education may adopt a local policy that pertains to pocket pagers, cellular
telephones, and other electronic communication devices.
16-28-2.1. Adoption of standards for mandatory attendance policy; parents held accountable;
enforcement.
The Legislature finds that mandatory attendance policies for schools differ from school system to school
system throughout the State of Alabama. The State Board of Education shall adopt standards for a
mandatory and enforceable attendance policy for all students in public schools in the State of Alabama.
Parents shall be held accountable in accordance with Sections 16-28-12 and 16-28-7, for the failure of
the child who is of compulsory attendance age to attend either public, private or church-school.
Enforcement of this section shall lie with the local board of education and the juvenile court system.
16-6B-5. Local boards; safety and discipline accountability.
In addition to providing quality instruction in classrooms and fiscal soundness, all local boards of
education shall be accountable for compliance with statutes and regulations regarding school safety and
discipline. The State Department of Education shall send to all local boards of education and all local
superintendents of education, on or before August 1 of each year, a manual containing all acts of the
Legislature and all regulations promulgated by the State Board of Education which pertain to school
safety and discipline. Within thirty (30) days of receipt of this manual, each local board of education shall
provide to the State Board of Education a report, in the form prescribed by the State Department of
Education, describing its compliance with these acts and regulations. If a local board of education is
determined by the State Board of Education to have failed to comply in any material respect with these
acts and regulations, the State Department of Education shall provide assistance to obtain compliance. If
after one year, the State Board of Education determines that a local board of education refuses or fails to
come into compliance with these acts and regulations, the State Superintendent of Education shall
intervene in and assume the direct management and day-to-day operation of the local board of education
for such period of time as the State Board of Education deems necessary to bring that local board of
education into compliance with these acts and regulations.
16-28-12. Person in loco parentis responsible for child's school attendance and behavior;
noncompliance; local boards to promulgate written behavior policy, contents, annual distribution,
receipt to be documented; school officials required to report noncompliance; failure to report
suspected violation; district attorneys vigorously to enforce provisions.
(a) Each parent, guardian, or other person having control or custody of any child required to attend school
or receive regular instruction by a private tutor who fails to have the child enrolled in school or who fails to
send the child to school, or have him or her instructed by a private tutor during the time the child is
required to attend a public school, private school, church school, denominational school, or parochial
school, or be instructed by a private tutor, or fails to require the child to regularly attend the school or
tutor, or fails to compel the child to properly conduct himself or herself as a pupil in any public school in
accordance with the written policy on school behavior adopted by the local board of education pursuant to
this section and documented by the appropriate school official which conduct may result in the
suspension of the pupil, shall be guilty of a misdemeanor and, upon conviction, shall be fined not more
than one hundred dollars ($100) and may also be sentenced to hard labor for the county for not more
than 90 days. The absence of a child without the consent of the principal teacher of the public school he
Page 4
or she attends or should attend, or of the tutor who instructs or should instruct the child, shall be prima
facie evidence of the violation of this section.
(c) Any parent, guardian, or other person having control or custody of any child enrolled in public school
who fails to require the child to regularly attend the school or tutor, or fails to compel the child to properly
conduct himself or herself as a pupil in accordance with the written policy on school behavior adopted by
the local board of education and documented by the appropriate school official which conduct may result
in the suspension of the pupil, shall be reported by the principal to the superintendent of education of the
school system in which the suspected violation occurred. The superintendent of education or his or her
designee shall report suspected violations to the district attorney within 10 days. Any principal or
superintendent of education or his or her designee intentionally failing to report a suspected violation shall
be guilty of a Class C misdemeanor. The district attorney shall vigorously enforce this section to ensure
proper conduct and required attendance by any child enrolled in public school.
16-28A-1. Legislative findings.
It is the finding of the Alabama Legislature that the people of Alabama have two basic expectations of
their public schools: (1) that students be allowed to learn in a safe classroom setting where order and
discipline are maintained; and (2) that students learn at the level of their capabilities and achieve
accordingly. The Legislature finds further that every child in Alabama is entitled to have access to a
program of instruction which gives him or her the right to learn in a non-disruptive environment. No
student has a right to be unruly in his or her classroom to the extent that such disruption denies fellow
students of their right to learn. The teacher in each classroom is expected to maintain order and
discipline. Teachers are hereby given the authority and responsibility to use appropriate means of
discipline up to and including corporal punishment as may be prescribed by the local board of education.
So long as teachers follow approved policy in the exercise of their responsibility to maintain discipline in
their classroom, such teacher shall be immune from civil or criminal liability. It shall be the responsibility of
the local boards of education and the administrators employed by them to provide legal support to each
teacher exercising his or her authority and responsibility to maintain order and discipline in his or her
classroom as long as the teacher follows the local board of education's policy. Such support for the
teacher shall include, but not be limited to, providing appropriate legal representation to defend the
teacher against charges, filing of a written report pursuant to Section 16-1-24, seeking the issuance of a
warrant or warrants for any person or persons threatening or assaulting a teacher, and the timely
assistance and cooperation with the appropriate authorities in the prosecution of any person or persons
threatening or assaulting a teacher. Local school board authorities and school administrators providing
such support shall be absolutely immune from civil and criminal liability for actions authorized or required
by this section.
16-28A-3. Local boards of education required to develop and disseminate student discipline and
behavior policies.
To fully implement the provisions of this chapter, the State Board of Education shall require each local
board of education to develop a written policy on student discipline and behavior and to broadly
disseminate them following its adoption. Copies of the student discipline and behavior policy shall be
given to all teachers, staff, parents and students.
16-28B-2. Legislative intent.
It is the intent of the Legislature to provide for the adoption of policies in public school systems to prevent
the harassment of students. It is the further intent of the Legislature that this chapter apply only to student
against student harassment, intimidation, violence, and threats of violence in the public schools of
Alabama, grades prekindergarten through 12, and that the State Department of Education develop, and
Page 5
each local board of education adopt procedural policies to manage and possibly prevent these acts
against any student by another student or students based on the characteristics of a student.
Additionally, it is the intent of the Legislature that the filing of a complaint of harassment be in writing and
submitted by the affected student, or the parent or guardian of the affected student, and not by an
education employee on behalf of an affected student or his or her parent or guardian.
16-28B-9. Adoption of local policies.
Each local board shall establish a policy in compliance with this chapter on or before July 1, 2010. Each
local policy or model policy adopted by a local board or the department, respectively, shall be consistent
with this chapter.
Scope
STATUTES
16-1-24. Reporting of property damage and physical assaults on students and school personnel;
legislative intent; penalties.
(a) For purposes of this section, the following words and phrases shall have the following respective
meanings, unless the context clearly indicates otherwise:
(1) INCIDENT. Any act of physical violence, with or without a weapon, trespass, vandalism, or property
damage which occurs.
a. On school property; or
b. During school activities, on or off school property; or
c. At any other times when such incident can be reasonably related to school functions.
Provided, however, that incidents involving only students from the same school wherein no dangerous
weapon was involved and no bodily injury requiring medical attention occurs shall not be required to be
reported as provided herein. All attacks or incidents involving teachers or other school personnel shall be
promptly reported.
at other school-sponsored functions.
16-28B-4. Prohibited behavior; complaints; school plans or programs.
(a) No student shall engage in or be subjected to harassment, intimidation, violence, or threats of violence
on school property, on a school bus, or at any school-sponsored function by any other student in his or
her school system.
16-28-40 License applicant under 19 to provide documentation of school enrollment, etc.; duties
of school attendance official; withdrawal from school; conviction for certain pistol offenses.
(5) The court shall notify the Department of Public Safety of the conviction of a person over the age of 14
of a crime involving the possession of a pistol on the premises of a public school, or a public school bus,
or both, under Section 13A-11-72 and any reversal of the conviction. The Administrative Office of Courts
may promulgate necessary rules and regulations to implement this notification procedure.
Page 6
Communication of policy
STATUTES
(e) (1) A copy of the school system's discipline plan 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, case law, and state and federal constitutional
provisions.
(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.
(b) Each local public board of education shall adopt a written policy for its standards on school behavior.
Each local public school superintendent shall provide at the commencement of each academic year a
copy of the written policy on school behavior to each parent, guardian, or other person having care or
control of a child who is enrolled. Included in the written policy shall be a copy of this section. The
signature of the student and the parent, guardian, or other person having control or custody of the child
shall document receipt of the policy.
16-28A-3. Local boards of education required to develop and disseminate student discipline and
behavior policies.
To fully implement the provisions of this chapter, the State Board of Education shall require each local
board of education to develop a written policy on student discipline and behavior and to broadly
disseminate them following its adoption. Copies of the student discipline and behavior policy shall be
given to all teachers, staff, parents and students.
16-28B-5. Model policy
The department shall develop a model policy prohibiting harassment, violence, and threats of violence on
school property, on a school bus, or at any school-sponsored function. The model policy, at a minimum,
shall contain all of the following components:
(10) A procedure for publicizing local board policy, including providing notice that the policy applies to
participation in school-sponsored functions.
Page 7
16-28B-8 Implementation of standards and policies.

To the extent that the Legislature shall appropriate funds, or to the extent that any local board may
provide funds from other sources, each school system shall implement the following standards and
policies for programs in an effort to prevent student suicide:
(12) Develop a process for discussing with students local board policies relating to the prevention of
student suicide and to the prevention of harassment, intimidation, violence, and threats of violence.
Page 8
In-School Discipline
Use of multi-tiered discipline approaches
STATUTES
16-28B-5. Model policy.
(4) A series of graduated consequences for any student who commits an act of intimidation,
harassment, violence, or threats of violence. Punishment shall conform with applicable federal and
state disability, antidiscrimination, and education laws and school discipline policies.
Teacher authority to remove students from classrooms

STATUTES
adequate education.
16-10-5. Dismissal of pupils.
No teacher shall dismiss pupils during school hours or close the school during school hours, except in an
emergency, without the consent of the board of school trustees or the county superintendent of
education.
Alternatives to suspension
STATUTES
41-15B-2.2. Allocation of trust fund revenues.
(a) For each fiscal year, beginning October 1, 1999, contingent upon the Children First Trust Fund
receiving tobacco revenues and upon appropriation by the Legislature, an amount of up to and including
two hundred twenty-five thousand dollars ($225,000), or equivalent percentage of the total fund, shall be
designated for the administration of the fund by the council and the Commissioner of Children's Affairs.
(b) For the each fiscal year, beginning October 1, 1999, contingent upon the Children First Trust Fund
receiving tobacco revenues, the remainder of the Children First Trust Fund, in the amounts provided for in
Section 41-15B-2.1, shall be allocated as follows:
Page 9
(2) Twenty-two percent of the fund shall be allocated to the State Board of Education to one or more of
the following:
a. The operation of alternative schools as defined below:
1. In the initial fiscal year funding after June 9, 1999, the State Board of Education shall distribute a
pro rata share of the monies based upon the second month enrollment of the preceding school year
to each local board of education which submits a plan that satisfies all of the following criteria:
(i) The local board of education shall provide a 25 percent match of all funds for alternative school
programs.
(ii) The local board of education shall provide suitable facilities for housing alternative school
programs.
(iii) The plan submitted by each local board of education shall provide multiple tiers of alternative
school programs which include, but are not limited to, "in-school suspension," a short-term
alternative school program designed to enable children to perform in the traditional classroom
setting, and a long-term program which is a true alternative to expulsion.
(iv) The plan as submitted by each local board of education shall outline the educational services
which shall be available to each child assigned to the short-term or long-term programs. Those
services shall include, but are not limited to, all of the following:
A. Remedial education where necessary.
B. Counseling, including sessions on conflict resolution.
C. Social skills development.
(v) Each tier of the local plan shall be curriculum-based to address the goal of academic
improvement and shall include, to the extent possible, mandatory parental notification and
involvement.
(vi) If a local board of education can satisfactorily demonstrate that alternative school programs
meeting all of the criteria in this section have been implemented, the allocation to the local board
of education for alternative school programs may be directed by the State Board of Education to
programs under the School Safety Enhancement Program.
(vii) Each year any monies remaining after distribution by the State Board of Education to the
local boards of education which meet the criteria pursuant to subparagraph 1. and qualify for a
portion of the monies, shall be allocated to those local boards of education demonstrating
innovative programs with measurable improvements in academic achievement, attendance,
school behavior, and parental involvement.
2. The State Board of Education shall review the programs of each local board of education
receiving monies from the fund and shall annually submit a report to the council by July 1. This
report shall include all of the following:
(i) The number of children served in each tier of the program.
(ii) The improvement in academic achievement.
(iii) The improvement in behavior.
(iv) The improvement in parental involvement.
(v) Financial accounting for the state and local monies expended.
3. The State Board of Education shall develop additional criteria for continued state funding of
programs initiated pursuant to this chapter.
4. Sufficient safeguards shall be implemented to ensure that the new monies will increase and not
supplant or decrease existing state or local support.
Page 10
b. 1. The School Safety Enhancement Program. The amount of monies available to each local board
of education shall be determined by the State Board of Education based upon the second month
enrollment of the preceding school year. To be eligible to initially receive a portion of the monies,
each local board of education shall submit a grant application pursuant to guidelines promulgated
by the State Board of Education with provisions for annual renewal of the grants. Provisions for
program evaluation in order to determine effectiveness and financial accountability shall be
included in the guidelines. The guidelines shall include all of the following:
(i) A component to enhance parental participation in school activities and promote parental
responsibility for the performance and behavior of their children.
(ii) A requirement for a local 25 percent match of funds for school safety activities, excluding prekindergarten programs for at-risk children listed in item (ii) of subparagraph 2.
(iii) Sufficient safeguards implemented to ensure that the new monies will increase and not
supplant or decrease existing local support.
2. School Safety Enhancement Programs eligible for grants shall be designed to prevent or reduce
violence in the schools and communities and reduce school disciplinary or safety problems. The
programs shall relate to one or more of the following:
(i) Extended day programs with supervised activities including, but not limited to, remedial
education; tutorial assistance; arts, music, or other cultural enhancement; and activities for gifted
children. Each local board of education may charge a fee based upon income for participation in
the programs.
(ii) Pre-kindergarten programs for "at-risk" children. These programs do not require the local 25
percent match of funds for school safety activities mandated by item (ii) of subparagraph 1.
(iii) Truancy prevention programs which may include additional school attendance personnel and
a Saturday school component.
(iv) Programs to assist children in dealing with anger and emphasizing acceptable ways of
dealing with violence including peer mediation, conflict resolution, and law related education.
(v) Safety plans involving the use of metal detectors, other security devices, uniforms, school
safety resource officers, or other personnel employed to provide a safe school environment.
(vi) Drug, alcohol, tobacco, gang-related, or satanic worshipping-related education, prevention,
detection, or enforcement programs.
(vii) At-risk identification and intervention programs designed to identify children who are at-risk
and coordinate school and community services so that the mental, physical, and social
capabilities of the child are enhanced.
3. The State Board of Education shall review the programs of each local board of education which
receive monies from the fund and annually submit a report to the council by July 1. This report shall
include all of the following:
(i) The number of children served.
c. Any other children's services provided by the State Board of Education.
Page 11
Use of corporal punishment

STATUTES
16-1-23. Hazing prohibited; penalty.
(c) The term hazing as defined in this section does not include customary athletic events or similar
contests or competitions, and is limited to those actions taken and situations created in connection with
initiation into or affiliation with any organization. The term hazing does not include corporal punishment
administered by officials or employees of public schools when in accordance with policies adopted by
local boards of education.
(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.
Teachers are hereby given the authority and responsibility to use appropriate means of discipline up to
and including corporal punishment as may be prescribed by the local board of education.
16-28A-2. Exemption of teachers and other employees from application of Title 26.
The provisions of Title 26 shall not apply to public school teachers in relation to corporal punishment of
students when the punishment is consistent with established written policies of the employing board of
education. Neither shall the provisions of Title 26 apply to public school teachers or other employees
while maintaining order and discipline in the classroom and on public school property, including school
buses, consistent with written policies of the employing board of education.
16-28A-5. Immunity for other authorized school personnel.
It is the intent of the Legislature to include under the provisions of this chapter, principals, assistant
principals and any other school personnel authorized to use corporal punishment under the policies and
guidelines developed by the local board of education.
Use of student and locker searches

No relevant statutes found.
Other in-school disciplinary approaches

STATUTES
Page 12
the following:
programs.
programs.
involvement.
Page 13
the programs.
Page 14
Page 15
Out-of-School and Exclusionary Discipline: Suspensions, Expulsion,

Restraint and Seclusion, and Alternative Placements
Grounds for possible suspension or expulsion
STATUTES
adequate education.
Page 16
16-40A-3. Minimum contents to be included in drug education program or curriculum.

(a) Any program or curriculum in the public schools of Alabama that includes drug education or instructs
on the use of drugs or alcohol shall, as a minimum, include the following:
(1) Age-appropriate, developmentally-based drug and alcohol education and prevention programs that
address the legal, social, and health consequences of drug and alcohol use and that provide
information about effective techniques for resisting peer pressure to use illicit drugs or alcohol for
students in all grades of the public schools from early childhood level through grade 12.
(2) Information conveying to students that the use of illicit drugs and the unlawful possession and use
of alcohol is wrong and harmful and is punishable by fines and imprisonment.
(3) Standards of conduct that are applicable to students and employees in all public schools and that
clearly prohibit, at a minimum, the unlawful possession, use, or distribution of illicit drugs and alcohol by
students and employees on school premises, or as part of any activities of the school.
(4) A clear statement that sanctions, consistent with local, state, and federal law, up to and including
expulsion or termination of employment and referral for prosecution, will be imposed on students and
employees who violate the standards of conduct required by subdivision (3). A description of those
sanctions shall be included.
Grounds for mandatory suspension or expulsion

STATUTES
(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.
at other school-sponsored functions. Notwithstanding the foregoing, 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.
Page 17
(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.
16-1-27. Use of electronic communication devices on school property.
(a) A local board of education may permit any pupil to carry a pocket pager, cellular telephone, or other
electronic communication device while on school property and may permit any pupil to use a pocket
pager, cellular telephone, or other electronic communication device, when such use is expressly and
specifically permitted by the school administrator, teacher, or employee who is acting in a supervisory
capacity at the time of the use.
(b) Any pupil found in violation of this section shall be subject to suspension by the board of education.
(c) Each local board of education may adopt a local policy that pertains to pocket pagers, cellular
telephones, and other electronic communication devices.
Limitations, conditions, or exclusions for use of suspension and expulsion

STATUTES
16-10-5. Dismissal of pupils.
No teacher shall dismiss pupils during school hours or close the school during school hours, except in an
emergency, without the consent of the board of school trustees or the county superintendent of
education.
(b) 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.
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.
Administrative procedures related to suspension and expulsion

STATUTES
16-1-24.1 Safe school and drug-free school policy; treatment of policy violators; promulgation and
distribution of discipline policy; liability limited for discipline actions; local boards may adopt
Page 18
(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 (1) criminal charges or offenses arising from the
conduct, if any, have been disposed of by appropriate authorities and (2) 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.
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
(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 destructive acts 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
Page 19
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.
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.
(h) Nothing in this section shall be construed to prevent a local board of education from promulgating
Page 20
In-school suspension
the following:
to
Return to school following removal

STATUTES
Use of restraint and seclusion

STATUTES
Page 21
adequate education.
ADMINISTRATIVE CODE
290-3-1-.02-.01(f) Permissible Use of Seclusion and Restraint.
(1) It is the policy of the State of Alabama to:
(a) Promote safety and prevent harm to all students, staff, and visitors in the public schools.
(b) Treat all public school students with dignity and respect in the delivery of discipline, use of physical
restraints or seclusion, and use of reasonable force as permitted by law.
(c) Utilize seclusion and restraint, as defined below, in only emergency situations.
(d) Utilize neither seclusion nor restraint of a student in school settings as a punishment to force
compliance.
(e) Provide school staff with clear guidelines about what constitutes use of reasonable force
permissible in Alabama public schools.
(f) Promote retention of valuable teachers and other school personnel by providing appropriate training
in prescribed procedures, which address student behavior in a positive and safe manner.
(g) Promote the use of positive behavioral support (PBS) and interventions to address discipline and
problem behaviors for all students.
(h) Improve student achievement, attendance, promotion, and graduation rates by employing positive
behavioral interventions to address student behavior in a positive and safe manner.
(2) The following definitions apply in this section:
(a) "Assistive technology device" means any item, piece of equipment, or product system that is used
to increase, maintain, or improve the functional capacities of a child with a disability.
(b) "Aversive procedure" means a physical or sensory intervention program for modifying the behavior
of a student which causes or reasonably may be expected to cause one or more of the following:
1. Significant physical harm, such as tissue damage, physical illness, or death.
2. Serious, foreseeable long-term psychological impairment.
3. Obvious repulsion on the part of observers who cannot reconcile extreme procedures with
acceptable, standard practice, for example: electric shock applied to the body; extremely loud
auditory stimuli; forcible introduction of foul substances to the mouth, eyes, ears, nose, or skin;
placement in a tub of cold water or shower; slapping, pinching, or pulling hair; blindfolding or other
forms of visual blocking; unreasonable withholding of meals; or denial of reasonable access to
toileting facilities.
(c) "Behavioral intervention" means the implementation of strategies to address behavior that is
dangerous, disruptive, or otherwise impedes the learning of a student or others.
(d) Chemical restraint means a medication that is prescribed to restrict a students freedom of
movement for the control of extreme violent physical behavior.
(e) Emergency means a situation in which a person is exhibiting behavior that places self in
immediate physical danger or others at risk of immediate physical danger.
(f) "IEP" means a student's Individualized Education Plan.
(g) "Law enforcement officer" means a sworn law enforcement officer with the power to arrest.
Page 22
(h) "Mechanical restraint" means the use of any device or material attached or adjacent to a student's
body that restricts freedom of movement or normal access to any portion of the student's body and that
the student cannot easily remove.
(i) "Physical restraint" means the use of physical force to restrict the free movement of all or a portion of
a student's body.
(j) "School personnel" means:
1. Employees of a local board of education.
2. Any person working on school grounds or at a school function under a contract or written
agreement with the public school system to provide educational or related services to students.
3. Any person working on school grounds or at a school function for another agency providing
educational or related services to students.
(k) "Seclusion" means the involuntary confinement of a student alone in an enclosed space from which
the student is:
1. Physically prevented from leaving.
2. Not capable of leaving due to physical or intellectual incapacity.
(l) "Time-out" means a behavior management technique in which a student is separated from other
students for a limited period of time in a monitored setting.
(3) Physical Restraint.
(a) Physical restraint of students by school personnel shall be considered a reasonable use of force
when used in the following circumstances:
1. As reasonably needed to obtain possession of a weapon or other dangerous objects on a person or
within the control of a person.
2. As reasonably needed to maintain order or prevent or break up a fight.
3. As reasonably needed for self-defense.
4. As reasonably needed to ensure the safety of any student, school employee, volunteer, or other
person present in an emergency situation, to teach a skill, to calm or comfort a student, or to prevent
self-injurious behavior.
5. As reasonably needed to escort a student safely from one area to another.
6. If used as provided for in a student's IEP or Section 504 plan or behavior intervention plan.
7. As reasonably needed to prevent imminent destruction to school or another person's property.
(b) Except as set forth in subdivision (a) of this subsection, physical restraint of students shall not be
considered a reasonable use of force, and its use is prohibited.
(c) Prone restraints that restrict the flow of air into a persons lungs are prohibited.
(d) School personnel shall not use physical restraint on a student except as an emergency intervention
to prevent immediate or imminent injury to the student or others.
(e) Physical restraint shall not be considered a reasonable use of force when used solely as a
disciplinary consequence.
(f) Nothing in this subsection shall be construed to prevent the use of force by law enforcement officers
in the lawful exercise of their law enforcement duties.
(4) Mechanical Restraint.
(a) Mechanical restraint of students by school personnel is permissible only in the following
circumstances:
Page 23
1. When properly used as an assistive technology device included in the student's IEP or Section 504
plan or as otherwise prescribed for the student by a medical or related service provider.
2. When using seat belts or other safety restraints to secure students during transportation.
3. As reasonably needed to obtain possession of a weapon or other dangerous objects on a person or
5. As reasonably needed to ensure the safety of any student, school employee, volunteer, or other
person present in an emergency situation.
(b) Except as set forth in subdivision (a) of this subsection, mechanical restraint, including the tying,
taping, or strapping down of a student, shall not be considered a reasonable use of force, and its use is
prohibited.
(c) Prone restraints that restrict the flow of air into a persons lungs are prohibited.
(d) Nothing in this subsection shall be construed to prevent the use of mechanical restraint devices,
such as handcuffs by law enforcement officers in the lawful exercise of their law enforcement duties.
(5) Chemical restraints.
(a) Chemical restraints are medications used in addition to, or in replacement of, a students regular
drug regimen to control extreme violent physical behavior.
(b) Administering a chemical restraint to a student is prohibited.
(c) The medications that comprise the students regular medical regimen, including PRN medications,
are not considered chemical restraints, even if their purpose is to treat ongoing behavioral symptoms.
(d) Nothing in this subsection shall be construed to prohibit the administration of a chemical restraint
when administered for therapeutic purposes under the direction of a physician and with the child-s
parent or guardians consent to administer such chemical restraint.
(6) Seclusion.
(a) Seclusion of students by school personnel may be used in the following circumstances:
1. As reasonably needed to respond to a person in control of a weapon or other dangerous object.
2. As reasonably needed to maintain order or prevent or break up a fight.
4. As reasonably needed when a student's behavior poses a threat of imminent physical harm to self
or others or imminent substantial destruction of school or another person's property.
5. When used as specified in the student's IEP, Section 504 plan, or behavior intervention plan; and
(i) The student is monitored while in seclusion by an adult in close proximity who is able to see and
hear the student at all times.
(ii) The student is released from seclusion upon cessation of the behaviors that led to the seclusion
or as otherwise specified in the student's IEP or Section 504 plan.
(iii) The space in which the student is confined has been approved for such use by the local
education agency.
(iv) The space is appropriately lighted.
(v) The space is appropriately ventilated and heated or cooled.
(vi) The space is free of objects that unreasonably expose the student or others to harm.
(b) Except as set forth in subdivision (a) of this subsection, the use of seclusion is not considered
reasonable force, and its use is not permitted.
Page 24
(c) Seclusion shall not be considered a reasonable use of force when used solely as a disciplinary
consequence.
(d) Nothing in this subsection shall be construed to prevent the use of seclusion by law enforcement
officers in the lawful exercise of their law enforcement duties.
(7) Time-Out. Time-out is permitted as a behavior management technique provided that:
(a) The space used for time-out is appropriately lighted, ventilated, and heated or cooled.
(b) The duration of the time-out is reasonable in light of the purpose of the time-out and the age of the
child.
(c) The student is reasonably monitored while in time-out.
(d) The time-out space is free of objects that unreasonably expose the student or others to harm.
(8) Aversive Procedures. The use of aversive procedures as defined in this section is prohibited in public
schools.
(9) Nothing in this section modifies the rights of school personnel to use reasonable force as permitted
under the Code of Alabama, 1975, 16-1-14 or modifies the rules and procedures governing discipline
under the Code of Alabama, 1975, 16-28-12.
(10) Notice, Reporting, and Documentation.
(a) Notice of procedures. Each local board of education shall provide copies of this section and all
local board policies developed to implement this section to school personnel and parents or guardians
at the beginning of each school year.
(b) Notice of specified incidents:
1. School personnel shall promptly notify the principal or principal's designee of:
(i) Any use of aversive procedures.
(ii) Any prohibited use of chemical, mechanical or physical restraint.
(iii) Any use of restraint resulting in observable physical injury to a student.
2. When a principal or principal's designee has personal knowledge or actual notice of any of the
events described in this subdivision, the principal or principal's designee shall promptly notify the
student's parent or guardian and will provide the name of a school employee the parent or guardian
can contact regarding the incident.
(c) As used in subdivision (2) of this subsection, "promptly notify" means by the end of the workday
during which the incident occurred when reasonably possible, but in no event later than the end of the
following workday.
(d) The parent or guardian of the student shall be provided with a written incident report for any incident
reported under this section within a reasonable period of time, but in no event later than 15 days after
the incident. The written incident report shall include:
(i) The date, time of day, location, duration, and description of the incident and interventions.
(ii) The events or events that led up to the incident.
(iii) The nature and extent of any injury to the student.
(iv) The name of a school employee the parent or guardian can contact regarding the incident.
(e) No local board of education or employee of a local board of education shall discharge, threaten, or
otherwise retaliate against another employee of the board regarding that employee's compensation,
terms, conditions, location, or privileges of employment because the employee makes a report alleging
a prohibited use of physical restraint, mechanical restraint, aversive procedure, or seclusion, unless the
employee knew or should have known that the report was false.
Page 25
(11) As specified in the Code of Alabama, 1975, 26-14-3, (Title 26, INFANTS AND INCOMPETENTS.
Chapter 14, REPORTING OF CHILD ABUSE OR NEGLECT) nothing in this chapter shall preclude
interagency agreements between departments of human resources, law enforcement, and other state
agencies on procedures for investigating reports of suspected child abuse and neglect to provide for
departments of human resources to assist law enforcement and other state agencies in these
investigations.
(12) Nothing in this section shall be construed to create a private cause of action against any local board
of education, its agents or employees, or any institutions of teacher education or their agents or
employees or to create a criminal offense.
(13) Certification requirements. The standards for approval of institutions of teacher education shall
require that teacher education programs for all students include demonstrated competencies in positive
behavioral support (PBS) and management of student behavior, effective communication techniques for
defusing and deescalating disruptive or dangerous behavior, and safe and appropriate use of seclusion
and restraint.
(14) Local education plan. Each local education plan (school safety plan) shall include, at a minimum, the
following training: Professional development shall include training appropriate school personnel in positive
behavioral support and management of disruptive or dangerous student behavior in order to limit and
reduce the use of seclusion and restraint to protect students. Appropriate school personnel may include,
but is not limited to, teachers, teacher assistants, school administrators, bus drivers, school resource
officers, school psychologists, and school counselors. The training shall include instruction in positive
behavioral support and management of student behavior, effective communication for defusing and
deescalating disruptive or dangerous behavior, and safe and appropriate use of seclusion and restraint.
The appropriate personnel with priority for the training shall include those staff members who are most
likely to be called upon to prevent or address disruptive or dangerous student behavior. Each local board
of education shall include in its school safety plan procedures to evaluate the effectiveness of this training
in preventing or addressing disruptive or dangerous student behavior. Local boards of education are
encouraged to use available sources of discretionary revenue to train personnel in the management of
disruptive or dangerous student behavior. By February 1, 2010, local boards of education shall amend
their school safety plans to include this training. In the Assurance of Compliance for Laws and
Regulations Related to School Safety document, each local education agency will document their
compliance with the seclusion and restraint rule.
(15) Reporting Requirements. Local schools shall maintain a record of incidents of seclusion and restraint
reported under this rule and shall provide this information annually to the local board of education. The
information provided to the local board of education will be subsequently reported annually to the State
Department of Education.
Alternative placements
STATUTES
Page 26
16-6B-3. Assistance programs.
(a) Student strategy. The superintendent of the local board of education along with the staff of each
school shall develop an assistance program at each school for at-risk students performing below the
standards set by the State Board of Education. The standards shall include the results of the required
assessment program adopted by the State Board of Education with emphasis on students who are found
to be at one or more grade levels below the prescribed norm. The local board of education shall budget at
least one hundred dollars ($100) per student so identified to be expended on tutorial assistance programs
including, but not limited to, after-school, Saturday school, or summer school, or any combination of these
programs. These funds may be budgeted from state or federal funds. However, federal funds already
budgeted for at-risk students may not be counted toward the minimum one hundred dollars ($100)
requirement set aside to be expended for at-risk students as defined in this chapter. In addition, these
funds may be expended for any of the following purposes:
(1) Programs to encourage at-risk five-year olds to attend an approved preschool program.
(2) Programs to identify at-risk students in the first grade.
(3) Programs to ensure strict enforcement of truancy laws.
(4) Programs to create alternative or disciplinary schools in which children who consistently exhibit
behaviors or patterns of behaviors that interfere with the learning environment of other students would
be placed and would be provided counseling and instruction in basic skills.
(5) Programs to encourage parental involvement of parents of at-risk children.
(6) Programs to encourage literacy of parents of at-risk children.
(b) School strategy. The State Board of Education shall develop an assistance program for a school in
need of assistance. A school in need of assistance shall mean any school which has a majority of its
students scoring one or more grade levels below the prescribed norm on the state adopted student
assessments. Local superintendents and local boards of education will be expected to make the effort
and commit the resources necessary to improve the instructional program for a school in need of
assistance and shall be required to budget all funds earned by that school in the cost calculations of the
Foundation Program. Local superintendents and local boards of education are encouraged to use
assistance from the State Department of Education, colleges of education, accrediting agencies and other
sources.
The State Board of Education's plan for an assistance program shall consist of the following components:
(1) The faculty and staff of each school in need of assistance shall engage in a self-study to examine
the problem of low achievement within that school and shall develop steps which may be taken to
improve student achievement. Parents of students in the schools shall be consulted as part of this selfstudy.
(2) If, after two years, student achievement has not improved, the State Superintendent of Education
shall designate a team of practicing professionals to visit the school, conduct a study, consult with
parents of students in the school, analyze causes of poor student achievement, and make specific
recommendations which shall become a part of a school improvement plan for the succeeding year.
Page 27
(3) As a final step, when insufficient or no improvement as determined by the State Board of Education
is evident from the implementation of steps one and two above, the State Superintendent of Education
is required to intervene and to appoint a person or persons to run the day-to-day operation of the
school. In considering intervention, the State Board of Education shall consider factors which may have
affected the prescribed norm test score. Factors shall include drop-out rates, attendance rates, special
education enrollment, and any other data necessary to properly interpret student achievement in each
school.
(c) School system strategy. The State Board of Education shall develop an assistance program for a local
board of education identified as being in need of assistance. A local board of education in need of
assistance shall mean any local board of education which has a majority of its schools, or a majority of
the students in a system, in which the students are scoring one or more grade levels below the prescribed
norm.
The State Board of Education shall require a local board of education in need of assistance to do the
following:
(1) The local board of education and the local superintendent with input from other administrators,
teachers, staff, parents of students in the school, and the local community shall engage in a self-study
to examine the problem of low achievement within the system and to develop steps which may be taken
to improve student achievement.
(2) If, after two years, student achievement has not improved, the state superintendent shall develop a
system-wide school improvement plan in consultation with teachers, parents of students in the school,
and the local community. This school improvement plan shall become a part of the local board of
education's program and financial operations for the succeeding year.
(3) If, after the implementation of the school improvement plan, student achievement has not
sufficiently improved, relative to the previous year's performance, the State Board of Education shall
require the State Superintendent of Education to intervene and assume the direct management and
day-to-day operation of the local board of education for such period of time as may be necessary for
student achievement to improve. In considering intervention, the State Board of Education shall
consider factors which may have affected the prescribed norm test score. Factors shall include drop-out
rates, attendance rates, special education enrollment, and any other data necessary to properly
interpret student achievement in each system.
(d) It is the intent of the Legislature that intervention is not to occur when a school or school system
scores below the prescribed average. Intervention by the State Board of Education is to occur only after
the three-year period provided in this chapter during which a school or school system fails to show
improvement. So long as improvement is being shown, the State Board of Education shall not intervene
but shall continue to encourage the school to improve.
41-15B-2.2 - Allocation of trust fund revenues.
the following:
Page 28
programs.
programs.
involvement.
Page 29
the programs.
Page 30
Disciplinary Approaches Addressing Specific Infractions and

Conditions
Firearms (as required by the Guns-Free Schools Act)
STATUTES
that they have been given notice of the discipline policies of their respective school system. The
Page 31
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
Page 32
(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.
16-28-40. License applicant under 19 to provide documentation of school enrollment, etc.; duties
(e) (1) Any person over the age of 14 who is convicted of the crime of possession of a pistol on the
premises of a public school, or a public school bus, or both, under Section 13A-11-72 shall be denied
issuance of a driver's permit or license for the operation of a motor vehicle for 180 days from the date
the person is eligible and applies for a permit or license for the operation of a motor vehicle. Any
adjudication as a juvenile delinquent or youthful offender where the underlying charge is the
possession of a pistol on the premises of a public school, or a public school bus, or both, under
Section 13A-11-72 shall be considered a conviction under this subsection, and the adjudication of a
person as a juvenile delinquent or youthful offender where the underlying charge is a violation under
Section 13A-11-72 shall be reported to the Department of Public Safety.
Page 33
(2) If a person over the age of 14 years possesses a driver's license on the date of conviction, the
Department of Public Safety, within five days of receipt of a notice of conviction from the court, shall
send notice to the licensee that his or her driver's license will be suspended. The notice shall state
that the license will be suspended for 180 days commencing on the 30th day following the date the
notice was sent unless documentation is received by the department before the 30th day that the
person was not convicted of the crime. Upon the appropriate date, the department shall suspend the
license.
(3) Upon the written request of the person whose license is denied or suspended, the Department of
Public Safety shall afford the person an opportunity for a hearing in the same manner and under the
procedure used for other driver's license suspensions. If the suspension or denial of issuance
determination is sustained by the Director of the Department of Public Safety or the authorized agent
of the director, upon such hearing, the person may file a petition in the appropriate court to review the
final order of suspension or denial by the director or the authorized agent of the director in the same
manner and under the same conditions as is provided in the case of suspensions and denials.
(4) If the conviction is reversed within the 180-day period, the department, upon receipt of notice of
the reversal from the Administrative Office of Courts, shall reinstate a suspended license and shall
accept an application for a license and shall issue the license according to law and regulation.
(5) The court shall notify the Department of Public Safety of the conviction of a person over the age
of 14 of a crime involving the possession of a pistol on the premises of a public school, or a public
school bus, or both, under Section 13A-11-72 and any reversal of the conviction. The Administrative
Office of Courts may promulgate necessary rules and regulations to implement this notification
procedure.
ADMINISTRATIVE CODE
290-3-1-.02. Regulations Governing Public Schools.
(1) Safe School Equipment and Facilities, Laboratories, and Policies.
(a) Safety precautions must be implemented and adequate facilities must be provided for
implementations of programs prescribed by SDE Bulletin(s). (b) Effective with the 1995-96 school year
and thereafter, local boards of education must:
1. Adopt a uniform policy allowing law enforcement agencies to make periodic visits to local public
schools to detect the presence of illegal drugs, unannounced to anyone except the local
superintendent and building principal.
2. Adopt a uniform policy prohibiting the use of tobacco products on school property and prescribing
specific penalties for violating this policy.
3. Adopt and enforce a uniform policy prohibiting all persons, other than authorized law enforcement
personnel, from bringing or possessing any deadly weapon or dangerous instrument on school
property and prescribing specific penalties for students and school personnel who violate this policy,
notwithstanding any criminal penalties which may also be imposed.
(c) Local school systems which operate alternative educational programs shall provide a curriculum that
stresses skills in recognizing and managing anger, alternatives to aggression (verbal and physical
assault), strategies for developing self-control and personal responsibility, skills for getting along with
others, success through academic achievement, and skills for success in the workplace.
(d) All policies and actions implemented under these mandatory regulations affecting students with
disabilities must comply with federal and state special education laws, regulations, and court rulings.
(e) Unsafe School Choice Option
Page 34
1. Definitions: A transfer option school (TOS) in the state of Alabama is one in which for three (3)
consecutive school years the school has expelled one percent (1%) of the student population or five
(5) students (whichever is greater) for violent criminal offenses committed on school property during
school hours or committed at school-sponsored activities. The words transfer option school, TOS,
or TOS school shall mean a persistently dangerous school as those words are used in the No
Child Left Behind Act of 2001, Public Law 107-110, Title IX, 9532(a) and (b). For the purpose of this
definition, a violent criminal offense shall mean homicide; robbery; assault in the first and/or second
degree; sexual battery (including rape) as these offenses are defined in the Criminal Code of
Alabama (see 13A-6-1, et. seq., Code of Ala. 1975); and use of a handgun, firearm component,
explosive, knife, and other "unknown weapons" as defined by the Student Incident Report (SIR).
2. A student who becomes a victim of a violent criminal offense committed on school property during
school hours or at school-sponsored activities shall be given an opportunity to transfer to a safe
public school within the LEA. The LEA shall notify the students parent/guardian of the right to transfer
as soon as practicable, not to exceed ten (10) calendar days from the date of a final determination by
the school board or its designee that a violent criminal offense has occurred. All LEA transfer
procedures will be observed. It shall be the policy of the Alabama State Department of Education
(SDE) to notify the LEA annually when one or more of its schools have been identified as a transfer
option school. Each Superintendent or his or her designee shall orally notify the Prevention and
Support Services Section of the State Department of Education within twenty-four (24) hours of the
decision that a violent criminal offense has occurred, followed by written confirmation. The State
Department of Education will assist the LEA in resolving all safety issues. At a minimum, an LEA that
has one or more schools identified as persistently dangerous must:
(i) Step 1. Notify parents/guardians of each student attending the school within ten (10) working
days that it has been identified as a transfer option school and offer students the opportunity to
transfer to a safe public school within the LEA if another school is available.
(ii) Step 2. Complete the transfer for those students who opt to do so within 20 working days.
(iii) Step 3. Develop a corrective action plan to be submitted to the SDE for approval within 20
working days of the LEAs receipt of status.
(iv) Step 4. Implement the corrective action plan. Once a school has been identified as a transfer
option school, it can return to safe status by (1) completing Steps One through Four above and (2)
completing two consecutive years with less than one percent (1%) of the student population or five
(5) students (whichever is greater) expelled for violent criminal offenses as defined in its policy.
Other weapons
STATUTES
Page 35
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.
Page 36
ADMINISTRATIVE CODE
implementations of programs prescribed by SDE Bulletin(s). (b) Effective with the 1995-96 school year
and thereafter, local boards of education must:
Page 37

Students with chronic disciplinary issues

STATUTES
16-28-14 Habitual truant.
In case any child becomes an habitual truant, or because of irregular attendance or misconduct has
become a menace to the best interest of the school which he is attending or should attend, and the
parent, guardian or other person files a written statement in court as provided in Section 16-28-13, stating
that he is unable to control such child, the attendance officer must file a complaint before the judge of the
juvenile court of the county, alleging the facts, whereupon such child must be proceeded against in the
juvenile court for the purpose of ascertaining whether such child is a dependent, neglected or delinquent
child.
Page 38
Attendance and truancy

STATUTES
(b) School strategy. The State Board of Education shall develop an assistance program for a school in
need of assistance. A school in need of assistance shall mean any school which has a majority of its
students scoring one or more grade levels below the prescribed norm on the state adopted student
assessments. Local superintendents and local boards of education will be expected to make the effort
and commit the resources necessary to improve the instructional program for a school in need of
assistance and shall be required to budget all funds earned by that school in the cost calculations of the
Foundation Program. Local superintendents and local boards of education are encouraged to use
assistance from the State Department of Education, colleges of education, accrediting agencies and other
sources.
The State Board of Education's plan for an assistance program shall consist of the following components:
(1) The faculty and staff of each school in need of assistance shall engage in a self-study to examine
the problem of low achievement within that school and shall develop steps which may be taken to
improve student achievement. Parents of students in the schools shall be consulted as part of this selfstudy.
(2) If, after two years, student achievement has not improved, the State Superintendent of Education
shall designate a team of practicing professionals to visit the school, conduct a study, consult with
parents of students in the school, analyze causes of poor student achievement, and make specific
recommendations which shall become a part of a school improvement plan for the succeeding year.
(3) As a final step, when insufficient or no improvement as determined by the State Board of Education
is evident from the implementation of steps one and two above, the State Superintendent of Education
is required to intervene and to appoint a person or persons to run the day-to-day operation of the
school. In considering intervention, the State Board of Education shall consider factors which may have
Page 39
affected the prescribed norm test score. Factors shall include drop-out rates, attendance rates, special
education enrollment, and any other data necessary to properly interpret student achievement in each
school.
(c) School system strategy. The State Board of Education shall develop an assistance program for a local
board of education identified as being in need of assistance. A local board of education in need of
assistance shall mean any local board of education which has a majority of its schools, or a majority of
the students in a system, in which the students are scoring one or more grade levels below the prescribed
norm.
The State Board of Education shall require a local board of education in need of assistance to do the
following:
(1) The local board of education and the local superintendent with input from other administrators,
teachers, staff, parents of students in the school, and the local community shall engage in a self-study
to examine the problem of low achievement within the system and to develop steps which may be taken
to improve student achievement.
(2) If, after two years, student achievement has not improved, the state superintendent shall develop a
system-wide school improvement plan in consultation with teachers, parents of students in the school,
and the local community. This school improvement plan shall become a part of the local board of
education's program and financial operations for the succeeding year.
(3) If, after the implementation of the school improvement plan, student achievement has not sufficiently
improved, relative to the previous year's performance, the State Board of Education shall require the
State Superintendent of Education to intervene and assume the direct management and day-to-day
operation of the local board of education for such period of time as may be necessary for student
achievement to improve. In considering intervention, the State Board of Education shall consider factors
which may have affected the prescribed norm test score. Factors shall include drop-out rates,
attendance rates, special education enrollment, and any other data necessary to properly interpret
student achievement in each system.
(d) It is the intent of the Legislature that intervention is not to occur when a school or school system
scores below the prescribed average. Intervention by the State Board of Education is to occur only after
the three-year period provided in this chapter during which a school or school system fails to show
improvement. So long as improvement is being shown, the State Board of Education shall not intervene
but shall continue to encourage the school to improve.
Page 40
16-28-2.1 Adoption of standards for mandatory attendance policy; parents held accountable;
enforcement.
The Legislature finds that mandatory attendance policies for schools differ from school system to school
system throughout the State of Alabama. The State Board of Education shall adopt standards for a
mandatory and enforceable attendance policy for all students in public schools in the State of Alabama.
Parents shall be held accountable in accordance with Sections 16-28-12 and 16-28-7, for the failure of
the child who is of compulsory attendance age to attend either public, private or church-school.
Enforcement of this section shall lie with the local board of education and the juvenile court system.
16-28-3.1 Guidelines and procedures for withdrawal from school; dropout prevention program.
(b) The State Department of Education shall work with local public school systems that have the lowest
four-year graduation rates. The department shall incorporate specific dropout prevention strategies, target
resources, and gather data that will improve graduation rates and educational outcomes in all grades in
all public schools. The department shall develop specific methods of targeted intervention or identify
appropriate existing methods for local public school systems that have a four-year graduation rate less
than the percentage as determined by the State Board of Education. These interventions may include the
following:
(1) Early intervention for students who fail Algebra I, or any ninth grade reading or math class, and have
insufficient credits to be promoted.
(2) Alternative education programs designed to reengage dropouts including, but not limited to, dual
enrollment courses at the community college level.
(3) Increased availability of advanced placement courses.
(4) Offering full course fee waivers for students who are eligible for free or reduced lunches, when
enrolled in dual credit courses.
(5) Flexible programs for older students who are currently not enrolled.
(6) Comprehensive coaching for middle school and high school students who are below grade level in
reading and math or who are at risk due to poor attendance, behavior, or safety issues including, but
not limited to, harassment and bullying.
(7) Teacher advisories and other supports that are designed to specifically address the needs of those
students who are most at risk of dropping out of school by providing opportunities to build positive
connections with peers and teachers and providing assistance with course selection, school
performance, and completion of graduation requirements. Students who are most at risk of dropping out
of school include, but are not limited to, those students who move often, have poor attendance, or have
multiple suspensions or discipline issues.
(8) Strategies that are specifically designed to improve high school graduation rates for those teenagers
who are at the highest risk of dropping out, including, but not limited to, students in the foster care
system, pregnant students, student parents, English as second language students, and students with
special educational needs.
(c) The department, in addition to other information and data, shall compile all of the following data to
ensure that the dropout prevention program, and local versions of the program, are based upon evidencebased research, are data-driven, and show continuous improvement in:
(1) The total number of high school suspensions related to truancy.
(2) The total number of students enrolled in alternative education programs.
(3) The total number of students who have been reenrolled in programs with flexible schedules or
community college programs.
Page 41
(4) The total number of students who have failed Algebra I or ninth grade reading or math.
(5) The total number of students who are repeating the ninth grade.
(6) The total number of students receiving remedial assistance in the ninth grade.
(d) The department shall prepare and submit to the Legislature a written report that documents all of the
following:
(1) The outcomes of the dropout prevention strategies to date, at the local school system level.
(2) Any planned modification of school system dropout prevention strategies and activities, based on
the data compiled.
16-28-15 Absence must be explained.
Every parent, guardian, or other person having control or charge of any child required to attend public
school, private school, or church school, shall as soon as practical explain the cause of any absence of
the child under his control or charge which was without permission of the teacher, and a failure to furnish
such explanation shall be admissible as evidence of such child being a truant with the consent and
connivance of the person in control or charge of said child, unless such person can show to the
reasonable satisfaction of the court that he had no knowledge of such absence and that he has been
diligent in his efforts to secure the attendance of such child.
Page 42
16-28-16 Cases of nonenrollment and nonattendance; withdrawal of enrollment.

(a) It shall be the duty of the county superintendent of education or the city superintendent of education,
as the case may be, to require the attendance officer to investigate all cases of nonenrollment and of
nonattendance. In all cases investigated where no valid reason for nonenrollment or nonattendance is
found, the attendance officer shall give written notice to the parent, guardian, or other person having
control of the child. In the event of the absence of the parent, guardian, or other person having control of
the child from his or her usual place of residence, the attendance officer shall leave a copy of the notice
with some person over 12 years of age residing at the usual place of residence, with instructions to hand
the notice to the parent, guardian, or other person having control of the child, which notice shall require
the attendance of the child at the school within three days from the date of the notice. In the event the
investigation discloses that the nonenrollment or nonattendance was without valid excuse or good reason
and intentional, the attendance officer shall be required to bring criminal prosecution against the parent,
guardian, or other person having control of the child.
(b) Each child who is enrolled in a public school shall be subject to the attendance and truancy provisions
of this article except that any parent or parents, guardian or guardians who voluntarily enrolls their child in
public school, who feel that it is in the best interest of that child shall have the right to withdraw the child at
any time prior to the current minimum compulsory attendance age.
16-28-17 When child may be taken into custody.
It shall be the duty of the attendance officer, probation officer or other officer authorized to execute writs
of arrest to take into custody without warrant any child required to attend school or be instructed by a
private tutor who is found away from home and not in the custody of the person having charge or control
of such child during school hours and who has been reported by any person authorized to begin
proceedings or prosecutions under the provisions of this article as a truant. Such child shall forthwith be
delivered to the person having charge or control of said child or to the principal teacher of the school or
the private tutor from whom said child is a truant. If such child is an habitual truant, he shall be brought
before the juvenile court for such disposition as the judge of said court finds proper from the facts.
16-28-40 License applicant under 19 to provide documentation of school enrollment, etc.; duties
(a) The Department of Public Safety shall deny a driver's license or a learner's license for the operation of
a motor vehicle to any person under the age of 19 who does not, at the time of application, present a
diploma or other certificate of graduation issued to the person from a secondary high school of this state
or any other state, or documentation that the person: (1) is enrolled and making satisfactory progress in a
course leading to a general educational development certificate (GED) from a state approved institution
or organization, or has obtained the certificate; (2) is enrolled in a secondary school of this state or any
other state and has not at the time of application accumulated disciplinary points while a student in school
that would extend the age of eligibility for the student to apply for a driver's license; (3) is participating in a
job training program approved by the State Superintendent of Education; (4) is gainfully and substantially
employed; (5) is a parent with the care and custody of a minor or unborn child; (6) has a physician certify
that the parents of the person depend on him or her as their sole source of transportation; or (7) is
exempted from this requirement due to circumstances beyond his or her control as provided in this
chapter.
(b) The attendance officer or chief attendance administrator, upon request, shall provide documentation
of enrollment status and disciplinary points on a form approved by the Department of Education to any
student 15 years of age or older who is properly enrolled in a school under the jurisdiction of the official,
for presentation to the Department of Public Safety, on application for, or renewal or reinstatement of, a
driver's license or a learner's license to operate a motor vehicle. Whenever a student 16 years of age or
Page 43
older withdraws from school, the attendance officer or chief attendance administrator shall notify the
Department of Public Safety of the withdrawal. Withdrawal shall be defined as more than 10 consecutive
or 15 days total unexcused absences during a single semester.
(c) Within five days of receipt of a notice of withdrawal, the Department of Public Safety shall send notice
to the licensee that his or her driver's license or learner's license will be suspended under this article on
the 30th day following the date the notice was sent unless documentation of compliance with this article is
received by the department before the 30th day.
(d) Whenever the withdrawal from school of the student, or the failure of the student to enroll in a course
leading to or to obtain a GED or high school diploma, is beyond the control of the student, or is for the
purpose of transfer to another school as confirmed in writing by the parent or guardian of the student, or
is for the purpose of participating in a job training program approved by the State Superintendent of
Education, no notice shall be sent by the proper school official to the Department of Public Safety to
suspend the license of the student. If the student is applying for or renewing a driver's license or a
learner's license, the attendance officer or chief attendance administrator, upon request, shall provide the
student with documentation to present to the Department of Public Safety to exempt the student from this
section. The local superintendent of education with the assistance of the county or city school attendance
director as the case may be, and any other staff or school personnel, or the appropriate school official of
any private secondary school, shall be the sole judge of whether the withdrawal is due to circumstances
beyond the control of the person. Suspension or expulsion from school or imprisonment in a jail or
penitentiary is not a circumstance beyond the control of a person.
adjudication as a juvenile delinquent or youthful offender where the underlying charge is the possession
of a pistol on the premises of a public school, or a public school bus, or both, under Section 13A-11-72
shall be considered a conviction under this subsection, and the adjudication of a person as a juvenile
delinquent or youthful offender where the underlying charge is a violation under Section 13A-11-72
shall be reported to the Department of Public Safety.
send notice to the licensee that his or her driver's license will be suspended. The notice shall state that
the license will be suspended for 180 days commencing on the 30th day following the date the notice
was sent unless documentation is received by the department before the 30th day that the person was
not convicted of the crime. Upon the appropriate date, the department shall suspend the license.
determination is sustained by the Director of the Department of Public Safety or the authorized agent of
the director, upon such hearing, the person may file a petition in the appropriate court to review the final
order of suspension or denial by the director or the authorized agent of the director in the same manner
and under the same conditions as is provided in the case of suspensions and denials.
(4) If the conviction is reversed within the 180-day period, the department, upon receipt of notice of the
reversal from the Administrative Office of Courts, shall reinstate a suspended license and shall accept
an application for a license and shall issue the license according to law and regulation.
(5) The court shall notify the Department of Public Safety of the conviction of a person over the age of
14 of a crime involving the possession of a pistol on the premises of a public school, or a public school
Page 44
bus, or both, under Section 13A-11-72 and any reversal of the conviction. The Administrative Office of
Courts may promulgate necessary rules and regulations to implement this notification procedure.
Substance use
STATUTES
16-1-10. Selling, etc., alcoholic beverages to school children; keeping on school premises.
Any person, firm, corporation or association that knowingly sells, gives or dispenses any alcoholic
beverage to any school student under the age of 18 years, or keeps or has in possession any alcoholic
beverage in or on the campus or premises of any school building of any public secondary or grade school
is guilty of a felony and, upon conviction thereof, shall be imprisoned in the state penitentiary for a period
of from one to three years.
Page 45
Page 46
16-28A-4. Immunity for teachers or administrators who report suspected drug abuse.
A teacher or administrator who, in good faith, reports suspected drug abuse by a student to the
appropriate authorities shall be immune from civil or criminal liability.
16-40A-1. Legislative findings; purpose of chapter.
(a) The Legislature finds that:
(2) Drug and alcohol abuse diminish the strength and vitality of the young people of our nation and
state; an increasing number of substances, both legal and illegal, are being abused by increasing
numbers of school children, even at the grade school level; abuse of any substance causes human
behavior that influences many forces, including school, family, church, community, media, and peer
groups. Prevention and early intervention in such behavior requires cooperation and coordination
involving strategies designed to respond to carefully defined problems in which the education system of
the state can play an important role.
(b) The purposes of this chapter are:
(2) To encourage the prevention of alcohol and drug abuse among children in the public schools; to
stimulate the development of improved approaches to the prevention of alcohol and drug abuse; to
demonstrate the use of such approaches in model educational programs and to evaluate the
effectiveness thereof; to disseminate successful approaches and significant information for use in
educational programs throughout the public schools; and to provide training programs for school
administrators, teachers, and counselors.
16-40A-3. Minimum contents to be included in drug education program or curriculum.
(2) Information conveying to students that the use of illicit drugs and the unlawful possession and use of
alcohol is wrong and harmful and is punishable by fines and imprisonment.
16-40A-4. Illegal conduct not to be encouraged or proposed to public school children.
Conduct that is illegal under state or federal law, including but not limited to, illegal use or distribution of
controlled substances, under-age alcohol use or distribution, sexual intercourse imposed by means of
force, or sexual actions which are otherwise illegal, shall not be encouraged or proposed to public school
Page 47
children in such a manner as to indicate that they have a legitimate right to decide or choose illegal
conduct.
16-41-1. Short title.
This chapter shall be known and may be cited as "The Drug Abuse Education Act of 1971."
16-41-2. "Drug" defined.
As used in this chapter, the term "drug" shall include barbiturates, central nervous system stimulants,
hallucinogenics, and all other drugs to which the narcotic and drug abuse laws of the United States apply.
It shall also include alcoholic and intoxicating liquor and beverages and tobacco.
16-41-3. Purpose; legislative intent.
The purpose of this chapter is to insure the development of a comprehensive drug abuse education
program for all children and youth in grades one through 12. It is the legislative intent that this program
shall teach the adverse and dangerous effects on the human mind and body of drugs and that such
instruction shall be intensive and that it shall be given immediate emphasis, beginning with the 1971-72
school year. It is further the intent of the Legislature that the voluntary services of persons from the
professions of clergy, education, medicine, law enforcement, social services and such other
professionally and occupationally qualified individuals as can make a contribution to this program be
utilized in its implementation so that the highest possible degree of expertise may be brought to bear.
16-41-4. Administration of chapter by State Superintendent of Education; priorities for
implementation.
(a) The State Superintendent of Education shall administer this chapter pursuant to regulations adopted
by the State Board of Education. In administering this chapter, the superintendent shall seek and ask for
advice and assistance from the medical association of the State of Alabama and take into consideration
the advice of the Department of Public Health.
(b) Priorities for the implementation of this program shall include the following:
(1) The implementation of in-service education programs for teachers, administrators and other
personnel. Special emphasis shall be placed on methods and materials necessary for the effective
teaching of drug abuse education. In-service teacher education materials which are based on individual
performance and designed for use with a minimum of supervision shall be developed and made
available to all county and city school systems;
(2) Establishing resource centers located in various regions of the state for the purpose of assisting the
Department of Education in coordinating drug abuse education activities in that region;
(3) Expanding degree programs for the preparation of drug education specialists. Special attention shall
be given to performance based criteria and to the development and articulation of appropriate drug
abuse education courses at junior colleges;
(4) Designing programs for the selection and training of school paraprofessional personnel and
personnel of nonschool health or health related agencies; and
(5) Implementing the provisions of this chapter to insure that actual pupil instruction in drug abuse
education will begin with the opening of the 1971-72 school year, as part of the curriculum of every
elementary, junior and senior high school in this state.
Page 48
16-41-5. Exclusion of teacher or administrator employed by nonpublic school from participation in

institutes or programs.
No teacher or school administrator employed by a nonpublic school shall be excluded from participating
in in-service teacher education institutes or curriculum development programs conducted pursuant to this
chapter.
16-41-6. Exemption by parents.
Any child whose parent presents to the school principal a signed statement that the teaching of disease,
its symptoms, development and treatment and the use of instructional aids and materials of such subjects
conflict with the religious teachings of his church shall be exempt from such instruction, and no child so
exempt shall be penalized by reason of such exemption.
16-41-7. Adoption of regulations by state board; scheduling of drug abuse education courses.
The state board shall adopt regulations to insure the teaching of drug abuse education to all pupils. Every
county and city school system shall schedule drug abuse education courses as part of the curriculum of
every school, K-12.
16-41-9. Combining of funds from various sources.
In implementing this chapter, every effort shall be made to combine funds appropriated for this purpose
with funds available from all other sources, federal, state, local or private, in order to achieve maximum
benefits for improving drug abuse education.
16-41-10. Report of status of program by State Superintendent of Education.
The State Superintendent of Education shall, at least 30 days prior to the 1973 Regular Session and each
regular session thereafter, transmit to the members of the state board, the President of the Senate, the
Speaker of the House, the Chairman of the Senate and the Chairman of the House Education
Committees a report as to the status of the drug abuse education program together with any
recommendations for further improvement or modification.
Bullying, harassment, or hazing

STATUTES
16-1-23 Hazing prohibited; penalty.
(a) Hazing is defined as follows:
(1) Any willful action taken or situation created, whether on or off any school, college, university, or
other educational premises, which recklessly or intentionally endangers the mental or physical health of
any student, or
(2) Any willful act on or off any school, college, university, or other educational premises by any person
alone or acting with others in striking, beating, bruising, or maiming; or seriously offering, threatening, or
attempting to strike, beat, bruise, or maim, or to do or seriously offer, threaten, or attempt to do physical
violence to any student of any such educational institution or any assault upon any such students made
for the purpose of committing any of the acts, or producing any of the results to such student as defined
in this section.
(3) The term hazing as defined in this section does not include customary athletic events or similar
contests or competitions, and is limited to those actions taken and situations created in connection with
initiation into or affiliation with any organization. The term hazing does not include corporal punishment
Page 49
administered by officials or employees of public schools when in accordance with policies adopted by
local boards of education.
(b) No person shall engage in what is commonly known and recognized as hazing, or encourage, aid, or
assist any other person thus offending.
(c) No person shall knowingly permit, encourage, aid, or assist any person in committing the offense of
hazing, or willfully acquiesce in the commission of such offense, or fail to report promptly his knowledge
or any reasonable information within his knowledge of the presence and practice of hazing in this state to
the chief executive officer of the appropriate school, college, university, or other educational institution in
this state. Any act of omission or commission shall be deemed hazing under the provisions of this section.
(d) Any person who shall commit the offense of hazing shall be guilty of a Class C misdemeanor as
defined by Title 13A.
(e) Any person who participates in the hazing of another, or any organization associated with a school,
college, university, or other educational institution in this state which knowingly permits hazing to be
conducted by its members or by others subject to its direction or control, shall forfeit any entitlement to
public funds, scholarships, or awards which are enjoyed by him or by it and shall be deprived of any
sanction or approval granted by the school, college, university, or other educational institution.
(f) Nothing in this section shall be construed as in any manner affecting or repealing any law of this state
respecting homicide, or murder, manslaughter, assault with intent to murder, or aggravated assault.
16-28B-1. Short title.
This chapter shall be known and may be cited as the Student Harassment Prevention Act.
16-28B-3. Definitions.
The following terms have the following meanings:
(1) DEPARTMENT. The State Department of Education.
(2) HARASSMENT. A continuous pattern of intentional behavior that takes place on school property, on
a school bus, or at a school-sponsored function including, but not limited to, written, electronic, verbal,
or physical acts that are reasonably perceived as being motivated by any characteristic of a student, or
by the association of a student with an individual who has a particular characteristic, if the characteristic
falls into one of the categories of personal characteristics contained in the model policy adopted by the
department or by a local board. To constitute harassment, a pattern of behavior may do any of the
following:
a. Place a student in reasonable fear of harm to his or her person or damage to his or her property.
b. Have the effect of substantially interfering with the educational performance, opportunities, or
benefits of a student.
Page 50
c. Have the effect of substantially disrupting or interfering with the orderly operation of the school.
d. Have the effect of creating a hostile environment in the school, on school property, on a school bus,
or at a school-sponsored function.
e. Have the effect of being sufficiently severe, persistent, or pervasive enough to create an
intimidating, threatening, or abusive educational environment for a student.
(3) HOSTILE ENVIRONMENT. The perception by an affected student or victim that the conduct of
another student constitutes a threat of violence or harassment and that the conduct is objectively
severe or pervasive enough that a reasonable person, under the circumstances, would agree that the
conduct constitutes harassment, threat of assault, or assault.
(4) LOCAL BOARD. A city or county board of education.
(5) SCHOOL. Each public school, grades prekindergarten through 12, the Alabama Institute for Deaf
and Blind, the Alabama High School of Mathematics and Science, and the Alabama School of Fine
Arts.
(6) SCHOOL SYSTEM. The schools under the jurisdiction of a local board.
her school system.
(b) No person shall engage in reprisal, retaliation, or false accusation against a victim, witness, or other
person who has reliable information about an act of harassment, violence, or threat of violence.
(c) Any student, or parent or guardian of the student, who is the object of harassment may file a complaint
outlining the details of the harassment, on a form authorized by the local board, and submit the form to
the official designated by the local board to receive complaints at the school.
(d) Each school shall develop plans or programs, including, but not limited to, peer mediation teams, in an
effort to encourage students to report and address incidents of harassment, violence, or threats of
violence.
(1) A statement prohibiting harassment, violence, and threats of violence.
(2) Definitions of the terms harassment, as provided in subdivision (2) of Section 16-28B-3, intimidation,
and threats of violence.
(3) A description of the behavior expected of each student.
(5) A procedure for reporting an act of intimidation, threat of suicide, harassment, violence, or threat of
violence. An anonymous report may not be the basis for imposing formal disciplinary action against a
student.
(6) A procedure for the prompt investigation of reports of serious violations and complaints, specifying
that the principal, or his or her designee, is the person responsible for the investigation.
Page 51
(7) A response procedure for a school to follow upon confirmation of an incident of intimidation,
harassment, violence, or threats of violence.
(8) A statement prohibiting reprisal or retaliation against any person who reports an act of intimidation,
violence, threat of violence, or harassment, including the consequences of and any appropriate
remedial action that may be taken against a person who engages in such reprisal or retaliation.
(9) A statement of the consequences of and appropriate remedial action that may be taken against a
person who has deliberately and recklessly falsely accused another.
(11) A clearly defined procedure for students to use in reporting harassment, including, but not limited
to, written reports on local board approved complaint forms and written reports of instances of
harassment, intimidation, violence, and threats of violence based on the personal characteristics of a
student. The complaint form may be served in person or by mail on the principal, or his or her designee,
or his or her office. The procedures shall be made known and be readily available to each student,
employee, and the parent or guardian of each student. It is the sole responsibility of the affected
student, or the parent or guardian of the affected student, to report incidences of harassment to the
principal, or his or her designee.
(12) A procedure for promulgating rules to implement this chapter, including the development of a
model student complaint form. The department shall seek public input in developing and revising the
model policy, model complaint form, and any other necessary forms.
(13) A procedure for the development of a nonexhaustive list of the specific personal characteristics of a
student which may often lead to harassment. Based upon experience, a local board of education may
add, but not remove, characteristics from the list. The additional characteristics or perceived
characteristics that cause harassment shall be identified by the local board on a case-by-case basis
and added to the local board policy. The list shall be included in the code of conduct policy of each local
board.
16-28B-6. Duties of schools.
Each school shall do all of the following:
(1) Develop and implement evidence-based practices to promote a school environment that is free of
harassment, intimidation, violence, and threats of violence.
(2) Develop and implement evidence-based practices to prevent harassment, intimidation, violence, and
threats of violence based, as a minimum, on the criteria established by this chapter and local board
policy, and to intervene when such incidents occur.
(3) Incorporate into civility, citizenship, and character education curricula awareness of and sensitivity to
the prohibitions of this chapter and local board policy against harassment, intimidation, violence, and
threats of violence.
(4) Report statistics to the local board of actual violence, submitted reports of threats of violence, and
harassment. The local board shall provide the statistics of the school system and each school in the
school system to the department for posting on the department website. The posted statistics shall be
available to the public and any state or federal agency requiring the information. The identity of each
student involved shall be protected and may not be posted on the department website.
Page 52
16-28B-7. Freedoms of speech and expression.

This chapter shall not affect the freedom of speech and freedom of expression guaranteed each student
under the Constitution of the United States and the Constitution of Alabama of 1901, and other applicable
statutory law provided in the Code of Alabama 1975.
16-28B-8. Implementation of standards and policies.
(1) Foster individual, family, and group counseling services related to suicide prevention.
(2) Make referral, crisis intervention, and other related information available for students, parents, and
school personnel.
(3) Foster training for school personnel who are responsible for counseling and supervising students.
(4) Increase student awareness of the relationship between drug and alcohol use and suicide.
(5) Educate students in recognizing signs of suicidal tendencies and other facts and warning signs of
suicide.
(6) Inform students of available community suicide prevention services.
(7) Promote cooperative efforts between school personnel and community suicide prevention program
personnel.
(8) Foster school-based or community-based, or both, alternative programs outside of the classroom.
(9) Develop a strategy to assist survivors of attempted suicide, students, and school personnel in
coping with the issues relating to attempted suicide, suicide, the death of a student, and healing.
(10) Engage in any other program or activity which the local board determines is appropriate and
prudent in the efforts of the school system to prevent student suicide.
(11) Provide training for school employees and volunteers who have significant contact with students on
the local board policies to prevent harassment, intimidation, violence, and threats of violence.
16-28B-9. Adoption of local policies.
Each local board shall establish a policy in compliance with this chapter on or before July 1, 2010. Each
local policy or model policy adopted by a local board or the department, respectively, shall be consistent
with this chapter.
Other special infractions or conditions

Page 53
Prevention and Behavioral Interventions (Non-Punitive)

Prevention
STATUTES
16-1-24.2. Department of Education to develop statewide violence prevention program.
(b) The Department of Education shall develop a statewide violence prevention program using such
resources as law-related education and guidance counseling procedures to develop violence prevention
curricula for grades K through twelve, to provide training to teachers and school administrators on
violence prevention, and to develop school-community partnerships for violence prevention.
following:
Page 54

following:
the data compiled.
violence.
16-28B-6 Duties of schools.
16-28B-8 Implementation of standards and policies.
school personnel.
Page 55
suicide.
personnel.
16-40A-3 Minimum contents to be included in drug education program or curriculum.
(2) Information conveying to students that the use of illicit drugs and the unlawful possession and use of
alcohol is wrong and harmful and is punishable by fines and imprisonment.
Page 56

implementation.
16-41-7 Adoption of regulations by state board; scheduling of drug abuse education courses.
The state board shall adopt regulations to insure the teaching of drug abuse education to all pupils. Every
county and city school system shall schedule drug abuse education courses as part of the curriculum of
every school, K-12.
Section 41-15B-2.2. Allocation of trust fund revenues.
(i) Extended day programs with supervised activities including, but not limited to, remedial education;
tutorial assistance; arts, music, or other cultural enhancement; and activities for gifted children. Each
local board of education may charge a fee based upon income for participation in the programs.
(ii) Pre-kindergarten programs for "at-risk" children. These programs do not require the local 25 percent
match of funds for school safety activities mandated by item (ii) of subparagraph 1.
(iii) Truancy prevention programs which may include additional school attendance personnel and a
Saturday school component.
(iv) Programs to assist children in dealing with anger and emphasizing acceptable ways of dealing with
violence including peer mediation, conflict resolution, and law related education.
(v) Safety plans involving the use of metal detectors, other security devices, uniforms, school safety
resource officers, or other personnel employed to provide a safe school environment.
Page 57
(vii) At-risk identification and intervention programs designed to identify children who are at-risk and
coordinate school and community services so that the mental, physical, and social capabilities of the
child are enhanced.
Behavioral interventions and student support services

STATUTES
Page 58
Page 59
following:
Page 60
following:
the data compiled.
her school system.
violence.
Page 61
school personnel.
suicide.
personnel.
implementation.
Page 62
41-15B-2.2 - Allocation of trust fund revenues.
the following:
programs.
programs.
involvement.
Page 63

the programs.
Page 64
Professional development
STATUTES
(11) Provide training for school employees and volunteers who have significant contact with students
on the local board policies to prevent harassment, intimidation, violence, and threats of violence.
implementation.
teaching of drug abuse education. In-service teacher education materials which are based on
individual performance and designed for use with a minimum of supervision shall be developed and
made available to all county and city school systems;
Page 65
16-41-5. Exclusion of teacher or administrator employed by nonpublic school from participation in

institutes or programs.
No teacher or school administrator employed by a nonpublic school shall be excluded from participating
in in-service teacher education institutes or curriculum development programs conducted pursuant to this
chapter.
Page 66
Monitoring and Accountability

Formal incident reporting of conduct violations
STATUTES
reported as provided herein. All attacks or incidents involving teachers or other school personnel shall
be promptly reported.
(2) PRINCIPAL. The principal or top administrator of any public elementary, junior or senior high school
at which the incident occurred.
(3) SUPERINTENDENT OF EDUCATION. The superintendent of the county or city board of education
in the county in which the school is located.
(4) REPORT. A written narrative report of an incident, the number and names and addresses of
persons involved in the incident, the type of any weapon involved and a description of any injury or
damage resulting from the incident. Said report shall contain the names and addresses of all known
persons present at the time of said incident.
(5) TEACHER AND OTHER SCHOOL EMPLOYEE. An employee of any public elementary, junior or
senior high school at which the incident occurred.
(6) SCHOOL BOARD. The board of education.
(7) COUNTY SHERIFF. The sheriff of the county in which the public school is located.
(b) It is the intention of the Legislature by passage of the section to require principals, teachers and other
school employees of public elementary, junior and senior high schools to make reports of violent
disruptive incidents occurring on school property during school hours or during school activities
conducted on or off school property after school hours or at any other time when such incident can be
reasonably related to school or school functions and to provide for penalties for failure to report such
incidents.
(c) Principals shall file a report within 72 hours with the superintendent of education of any incident of
which they have knowledge. A copy of the report shall also be furnished members of the school board
and the county sheriff by the superintendent of education.
(d) Teachers and other school employees shall immediately report to the principal any incident of which
they have knowledge. Said teacher and employee shall assist the principal in the preparation of the report
required under subsection (c) of this section.
Page 67
(e) Any superintendent of education, principal, teacher, or employee who violates the provisions of this
section by failure to file a required report shall be guilty of a Class C misdemeanor.
16-28-3.1. Guidelines and procedures for withdrawal from school; dropout prevention program.
ensure that the dropout prevention program, and local versions of the program, are based upon evidencebased research, are data-driven, and show continuous improvement in: (1) The total number of high
school suspensions related to truancy.
Page 68
her school system.
violence.
student.
Page 69
board.
16-28-40. License applicant under 19 to provide documentation of school enrollment, etc.; denial
of application if requiste status not shown; role of school attendance official; effect of withdrawal
from school; effect of conviction for certain pistol offenses on driving privileges.
other state; (3) is participating in a job training program approved by the State Superintendent of
Education; (4) is gainfully and substantially employed; (5) is a parent with the care and custody of a minor
or unborn child; (6) has a physician certify that the parents of the person depend on him or her as their
sole source of transportation; or (7) is exempted from this requirement due to circumstances beyond his
or her control as provided in this chapter.
Page 70
of enrollment status on a form approved by the Department of Education to any student 15 years of age
or older who is properly enrolled in a school under the jurisdiction of the official, for presentation to the
Department of Public Safety, on application for, or renewal or reinstatement of, a driver's license or a
learner's license to operate a motor vehicle. Whenever a student 16 years of age or older withdraws from
school, the attendance officer or chief attendance administrator shall notify the Department of Public
Safety of the withdrawal. Withdrawal shall be defined as more than 10 consecutive or 15 days total
unexcused absences during a single semester.
Page 71
(4) If the conviction is reversed within the 180 day period, the department, upon receipt of notice of the
ADMINISTRATIVE CODE
290-3-1-.02-.01(f). Permissible Use of Seclusion and Restraint.
following workday.
Page 72
Parental notification
STATUTES
(e) (2)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.
16-28-16 Cases of nonenrollment and nonattendance; withdrawal of enrollment.
(a) It shall be the duty of the county superintendent of education or the city superintendent of education,
as the case may be, to require the attendance officer to investigate all cases of nonenrollment and of
nonattendance. In all cases investigated where no valid reason for nonenrollment or nonattendance is
found, the attendance officer shall give written notice to the parent, guardian, or other person having
control of the child. In the event of the absence of the parent, guardian, or other person having control of
the child from his or her usual place of residence, the attendance officer shall leave a copy of the notice
with some person over 12 years of age residing at the usual place of residence, with instructions to hand
the notice to the parent, guardian, or other person having control of the child, which notice shall require
the attendance of the child at the school within three days from the date of the notice. In the event the
investigation discloses that the nonenrollment or nonattendance was without valid excuse or good reason
and intentional, the attendance officer shall be required to bring criminal prosecution against the parent,
guardian, or other person having control of the child.
(b) Each child who is enrolled in a public school shall be subject to the attendance and truancy provisions
of this article except that any parent or parents, guardian or guardians who voluntarily enrolls their child in
public school, who feel that it is in the best interest of that child shall have the right to withdraw the child at
any time prior to the current minimum compulsory attendance age.
ADMINSTRATIVE CODE
implementations of programs prescribed by SDE Bulletin(s).
(b) Effective with the 1995-96 school year and thereafter, local boards of education must:
Page 73
Page 74

2. When a principal or principal's designee has personal knowledge or actual notice of any of the events
described in this subdivision, the principal or principal's designee shall promptly notify the student's
parent or guardian and will provide the name of a school employee the parent or guardian can contact
regarding the incident.
(c) As used in subdivision (2) of this subsection, "promptly notify" means by the end of the workday during
which the incident occurred when reasonably possible, but in no event later than the end of the following
workday.
reported under this section within a reasonable period of time, but in no event later than 15 days after the
incident. The written incident report shall include:
terms, conditions, location, or privileges of employment because the employee makes a report alleging a
prohibited use of physical restraint, mechanical restraint, aversive procedure, or seclusion, unless the
Reporting and referrals between schools and law enforcement

STATUTES
reported as provided herein. All attacks or incidents involving teachers or other school personnel shall
be promptly reported.
(2) PRINCIPAL. The principal or top administrator of any public elementary, junior or senior high school
at which the incident occurred.
(3) SUPERINTENDENT OF EDUCATION. The superintendent of the county or city board of education
in the county in which the school is located.
(4) REPORT. A written narrative report of an incident, the number and names and addresses of
persons involved in the incident, the type of any weapon involved and a description of any injury or
Page 75
damage resulting from the incident. Said report shall contain the names and addresses of all known
persons present at the time of said incident.
(5) TEACHER AND OTHER SCHOOL EMPLOYEE. An employee of any public elementary, junior or
senior high school at which the incident occurred.
(6) SCHOOL BOARD. The board of education.
(7) COUNTY SHERIFF. The sheriff of the county in which the public school is located.
(b) It is the intention of the Legislature by passage of the section to require principals, teachers and other
school employees of public elementary, junior and senior high schools to make reports of violent
disruptive incidents occurring on school property during school hours or during school activities
conducted on or off school property after school hours or at any other time when such incident can be
reasonably related to school or school functions and to provide for penalties for failure to report such
incidents.
(c) Principals shall file a report within 72 hours with the superintendent of education of any incident of
which they have knowledge. A copy of the report shall also be furnished members of the school board
and the county sheriff by the superintendent of education.
(d) Teachers and other school employees shall immediately report to the principal any incident of which
they have knowledge. Said teacher and employee shall assist the principal in the preparation of the report
required under subsection (c) of this section.
(e) Any superintendent of education, principal, teacher, or employee who violates the provisions of this
section by failure to file a required report shall be guilty of a Class C misdemeanor.
(c) 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.
Page 76
16-28-40. License applicant under 19 to provide documentation of school enrollment, etc.; denial
of application if requiste status not shown; role of school attendance official; effect of withdrawal
from school; effect of conviction for certain pistol offenses on driving privileges.
other state; (3) is participating in a job training program approved by the State Superintendent of
Education; (4) is gainfully and substantially employed; (5) is a parent with the care and custody of a minor
or unborn child; (6) has a physician certify that the parents of the person depend on him or her as their
sole source of transportation; or (7) is exempted from this requirement due to circumstances beyond his
or her control as provided in this chapter.
of enrollment status on a form approved by the Department of Education to any student 15 years of age
or older who is properly enrolled in a school under the jurisdiction of the official, for presentation to the
Department of Public Safety, on application for, or renewal or reinstatement of, a driver's license or a
learner's license to operate a motor vehicle. Whenever a student 16 years of age or older withdraws from
school, the attendance officer or chief attendance administrator shall notify the Department of Public
Safety of the withdrawal. Withdrawal shall be defined as more than 10 consecutive or 15 days total
unexcused absences during a single semester.
Page 77
(4) If the conviction is reversed within the 180 day period, the department, upon receipt of notice of the
ADMINISTRATIVE CODE
Page 78
following workday.
Disclosure of school records

Data collection, review, and reporting of disciplinary policies and actions

STATUTES
procedures are currently in compliance with applicable , case law, and state and federal constitutional
provisions.
Page 79
(d). Local education agencies submitting applications for federal funds to the State Department of
provide for a gun-free environment in all its public schools,
a. The name of the school concerned,
b. The number of students expelled,
16-6B-7. Accountability reports to the public.
(a) The local board of education shall prepare an annual accountability report for each school and area
vocational/technical center under its jurisdiction, and for itself, to be provided to the public under
regulations promulgated by the State Board of Education. Such accountability reports shall include, but
not be limited to, all of the following:
(3) A School Safety and Discipline Report which shall include statistical information relating to student
safety and discipline in each school and any other data deemed necessary by the local board of
education or the State Board of Education to inform the public about safety and discipline in each
school.
(b) These reports shall be released to the media, presented to parent organizations, members of the
Legislature who represent the schools covered in each report, and the State Superintendent of Education.
These reports shall be made available to the public upon request on or before ninety (90) days after the
end of the fiscal year.
ensure that the dropout prevention program, and local versions of the program, are based upon evidencebased research, are data-driven, and show continuous improvement in: (1) The total number of high
school suspensions related to truancy.
16-28B-6. Duties of schools
16-41-10. Report of status of program by State Superintendent of Education.
The State Superintendent of Education shall, at least 30 days prior to the 1973 Regular Session and each
regular session thereafter, transmit to the members of the state board, the President of the Senate, the
Speaker of the House, the Chairman of the Senate and the Chairman of the House Education
Page 80
Committees a report as to the status of the drug abuse education program together with any
recommendations for further improvement or modification.
Page 81
School Resource and Safety Officers (SROs/SSOs) and

Truant/Attendance Officers
Authority and power to implement school arrest
STATUTES
16-28-17. When child may be taken into custody.
It shall be the duty of the attendance officer, probation officer or other officer authorized to execute writs
of arrest to take into custody without warrant any child required to attend school or be instructed by a
private tutor who is found away from home and not in the custody of the person having charge or control
of such child during school hours and who has been reported by any person authorized to begin
proceedings or prosecutions under the provisions of this article as a truant. Such child shall forthwith be
delivered to the person having charge or control of said child or to the principal teacher of the school or
the private tutor from whom said child is a truant. If such child is an habitual truant, he shall be brought
before the juvenile court for such disposition as the judge of said court finds proper from the facts.
Certification or training
MOUs, authorization, and/or funding

STATUTES
16-28-20. Compensation of attendance officers.
The attendance officers who are employed by the county or city board of education shall be paid by the
respective boards of education such salaries as may be required to secure efficient service. Said
attendance officer shall be paid as other employees of the county or city boards of education are paid, but
no attendance officer shall receive any compensation under the provisions of this title until he shall have
filed such reports as are required by the State Board of Education and by the board of education of the
county or city employing him.
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State Education Agency Support

State model policies and implementation support
STATUTES
16-28B-5 Model policy.
student.
Page 83
board.
Funding appropriations
STATUTES
(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.
Page 84
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.
school personnel.
suicide.
personnel.
16-41-9 Combining of funds from various sources.
In implementing this chapter, every effort shall be made to combine funds appropriated for this purpose
with funds available from all other sources, federal, state, local or private, in order to achieve maximum
benefits for improving drug abuse education.
Page 85

(2) Twenty-two percent of the fund shall be allocated to the State Board of Education to one or
more of the following:
programs.
programs.
involvement.
Page 86

the programs.
Page 87

Page 88
Other/Uncategorized
Professional immunity or liability
STATUTES
Teachers are hereby given the authority and responsibility to use appropriate means of discipline up to
and including corporal punishment as may be prescribed by the local board of education. So long as
teachers follow approved policy in the exercise of their responsibility to maintain discipline in their
classroom, such teacher shall be immune from civil or criminal liability. It shall be the responsibility of the
local boards of education and the administrators employed by them to provide legal support to each
teacher exercising his or her authority and responsibility to maintain order and discipline in his or her
classroom as long as the teacher follows the local board of education's policy. Such support for the
teacher shall include, but not be limited to, providing appropriate legal representation to defend the
teacher against charges, filing of a written report pursuant to Section 16-1-24, seeking the issuance of a
warrant or warrants for any person or persons threatening or assaulting a teacher, and the timely
assistance and cooperation with the appropriate authorities in the prosecution of any person or persons
threatening or assaulting a teacher. Local school board authorities and school administrators providing
such support shall be absolutely immune from civil and criminal liability for actions authorized or required
by this section.
16-28A-2. Exemption of teachers and other employees from application of Title 26.
The provisions of Title 26 shall not apply to public school teachers in relation to corporal punishment of
students when the punishment is consistent with established written policies of the employing board of
education. Neither shall the provisions of Title 26 apply to public school teachers or other employees
while maintaining order and discipline in the classroom and on public school property, including school
buses, consistent with written policies of the employing board of education.
16-28A-4. Immunity for teachers or administrators who report suspected drug abuse.
A teacher or administrator who, in good faith, reports suspected drug abuse by a student to the
appropriate authorities shall be immune from civil or criminal liability.
16-28A-5. Immunity for other authorized school personnel.
It is the intent of the Legislature to include under the provisions of this chapter, principals, assistant
principals and any other school personnel authorized to use corporal punishment under the policies and
guidelines developed by the local board of education.
Page 89
Community input or involvement

STATUTES
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.
16-28B-8. Implementation of standards and policies
school personnel.
personnel.
Page 90
Other/Uncategorized
Page 91
State-Sponsored, Publicly Available Websites or Other Resources on

School Discipline
Safe, supportive learning environments use disciplinary policies and practices that help students stay out
of the justice system, while ensuring academic engagement and success for all students. The following
resources provided by Alabama provide additional context to state policy and regulations and, in some
cases, may support the readers efforts to provide a positive disciplinary school climate.
Title
Description
Website address (if applicable)
Homepage for Stop Bullying in Alabama

website
http://alex.state.al.us/stopbullying
Website
Stop Bullying in
Alabama
Documents
No relevant
resources found
Other Resources
No relevant
resources found
Page 92
Alaska
Discipline Laws and
Regulations
Introduction
document.
Notes & Disclaimers

Prepared by:
Child Trends
Suite 1200W
Suite 110
Table of Contents
Alaska State Codes Cited ........................................................................................................................... 1
Scope ........................................................................................................................................................ 4
Use of corporal punishment ...................................................................................................................... 6
Use of student and locker searches .......................................................................................................... 7
Other in-school disciplinary approaches ................................................................................................... 7
Seclusion, and Alternative Placements .................................................................................................... 8
Grounds for possible suspension or expulsion ......................................................................................... 8
Grounds for mandatory suspension or expulsion ..................................................................................... 8
Limitations, conditions or exclusions for use of suspension and expulsion .............................................. 8
Administrative procedures related to suspension and expulsion .............................................................. 9
In-school suspension ................................................................................................................................ 9
Return to school following removal ........................................................................................................... 9
Use of restraint and seclusion ................................................................................................................... 9
Alternative placements .............................................................................................................................. 9
Other weapons ........................................................................................................................................ 10
Substance use......................................................................................................................................... 11
Prevention ............................................................................................................................................... 14
Alaska State Codes Cited

Alaska Revised Statutes
Title 14 Education, Libraries, and Museums
Chapter 11.81. General Provisions
Article 04. General Principles of Justification
11.81.430.
Justification: Use of force, special relationships
Chapter 14.03 Public Schools Generally

Article 01. General Provisions
14.03.105.
Search of school lockers
14.03.160.
Suspension or expulsion of students for possessing weapons
Chapter 14.30. Pupils and Educational Programs for Pupils

Article 04. Psychiatric and Behavioral Evaluations and Treatments
14.30.030.
14.30.045.
14.30.047.
14.30.176.
Prevention and reduction of truancy

Grounds for suspension or denial of admission
Admission or readmission when cause no longer exists
List of community resources
Chapter 14.33. School Safety and Discipline

Article 03. Required School Disciplinary and Safety Program
14.33.100.
14.33.110.
14.33.120.
14.33.130.
14.33.140.
Required school crisis response planning

Purpose of school disciplinary and safety program
School disciplinary and safety program
Enforcement of approved program; additional safety obligations
Civil liability for enforcing disciplinary and safety program
Article 04. Harassment, Intimidation, and Bullying

14.33.200.
14.33.210.
14.33.220.
14.33.230.
14.33.250.
Harassment, intimidation, and bullying policy

Reporting of incidents of harassment, intimidation, or bullying
Reporting; no reprisals
Immunity from suit
Definitions
Title 47. Welfare, Social Services and Institutions

Chapter 47.12. Delinquent Minors
Article 02. Information and Records
47.12.310.
Agency records
Alaska Compilation of School Discipline Laws and Regulations
Page 1
Alaska Administrative Code

Title 4 Education and Early Development
Chapter 06. Government of Schools
4 AAC 06.172. Reporting of school disciplinary and safety programs
Chapter 07. Student Rights and Responsibilities. (4 AAC 07.010 - 4 AAC 07.900)
4 AAC 07.010.
4 AAC 07.030.
4 AAC 07.040.
4 AAC 07.050.
4 AAC 07.900.
Establishment of district guidelines and procedures; prohibited discipline

Distribution of district policies
Mandatory instruction
Review of policies
Definition
Page 2
General Provisions
STATUTES
14.30.030. Prevention and reduction of truancy.
The governing body of a school district, including a regional educational attendance area, shall establish
procedures to prevent and reduce truancy.
14.33.100. Required school crisis response planning.
(a) Each district shall develop a model school crisis response plan for use by each school in the district.
Each school in a district shall develop a school specific crisis response plan. Each school shall form a
crisis response team consisting of the principal, one certified and one classified member of the school
staff, and one parent whose child attends the school. The crisis response team may include one member
of the governing board or advisory school board, a school counselor, a member from local law
enforcement authorities, and one student in grade 10 or higher if the school has those grades. The district
and each school within the district shall consult with local social services agencies and local law
enforcement authorities when developing the school crisis response plan.
(b) A school specific crisis response plan must meet standards as determined by the department by
regulation. A school specific crisis response plan must include (7) policies for enforcing school discipline
and maintaining a safe and orderly environment during the crisis.
14.33.110. Purpose of school disciplinary and safety program.
The purpose of AS 14.33.110 - 14.33.140 is to
(1) implement and maintain community-based standards of school behavior that are developed by
students, parents, teachers, school administrators, and the community;
(2) facilitate the creation of a standard of school behavior and safety by local communities for the
schools in those communities;
(3) protect and support teachers who enforce standards of student behavior and safety in the classroom
established under AS 14.33.120; and
(4) ensure that all schools and school districts receiving state funds, that may not have already done so,
implement and maintain an effective school disciplinary and safety program.
14.33.120. School disciplinary and safety program.
(a) Each governing body shall adopt a written school disciplinary and safety program. The program
required under this subsection must include written
(1) standards for student behavior and safety that reflect community standards and that include, at a
minimum, basic requirements for respect and honesty; standards required under this paragraph must
be developed and periodically reviewed with the collaboration of members of each school, parents,
teachers, and other persons responsible for the students at a school; a governing body may require that
standards developed under this paragraph be consistent for all schools in an attendance area or the
district;
(2) standards relating to when a teacher is authorized to remove a student from the classroom for
(A) failure to follow student behavior and safety standards; or
Page 3
(B) behavior described under AS 14.30.045(1) or (2);

(3) procedures for notifying teachers of dangerous students consistent with AS 47.12.310(b);
(4) standards relating to when a teacher, teacher's assistant, or other person responsible for students is
authorized to use reasonable and appropriate force to maintain classroom safety and discipline as
described under AS 11.81.430(a)(2);
(5) policies necessary to comply with provisions of state and federal law, including 20 U.S.C. 1400 1482 (Individuals with Disabilities Education Act);
(6) standards to address needs of students for whom mental health or substance abuse may be a
contributing factor to noncompliance with the school disciplinary and safety program;
(7) policies for implementing a student conflict resolution strategy, including the nonviolent resolution or
mediation of conflicts and procedures for reporting and resolving conflicts;
(8) procedures for periodic review and revision of the school disciplinary and safety program.
(b) A school district shall report information relating to school district disciplinary and safety programs as
required by the department, including incidents of disruptive or violent behavior.
Scope
ADMINISTRATIVE CODE
AAC 07.030. Distribution of district policies.
Each district shall make available to students, parents, and all staff persons who deal with students, upto-date copies of the adopted district student rights and responsibilities policies at the start of each school
year. Additionally, throughout the school year, copies of these policies must be posted in accessible
locations within school facilities (e.g., bulletin board, teachers' lounges, office, etc.).
AAC 07.040. Mandatory instruction.
Each school district shall provide instruction in student rights and responsibilities to students in grades 1
through 12.
Page 4

STATUTES
district;
(B) behavior described under AS 14.30.045 (1) or (2);
(3) procedures for notifying teachers of dangerous students consistent with AS 47.12.310 (b);
described under AS 11.81.430 (a)(2);
11.81.430. Justification: Use of force, special relationships.
(a) The use of force upon another person that would otherwise constitute an offense is justified under any
of the following circumstances:
(1) When and to the extent reasonably necessary and appropriate to promote the welfare of the child or
incompetent person, a parent, guardian, or other person entrusted with the care and supervision of a
child under 18 years of age or an incompetent person may use reasonable and appropriate nondeadly
force upon that child or incompetent person.
(2) When and to the extent reasonably necessary and appropriate to maintain order and when the use
of force is consistent with the welfare of the students, a teacher may, if authorized by school regulations
Page 5
and the principal of the school, use reasonable and appropriate nondeadly force upon a student. If
authorized by school regulations and the principal of the school, a teacher may use nondeadly force
under this paragraph in any situation in which the teacher is responsible for the supervision of students.
A teacher employed by a school board, including a regional educational attendance area school board,
may use nondeadly force under this paragraph only if the school regulations authorizing the use of
force have been adopted by the school board.
(3) When and to the extent reasonably necessary and appropriate to maintain order, a person
responsible for the maintenance of order in a common carrier of passengers, or a person acting under
that person's direction, may use reasonable and appropriate nondeadly force.
(4) When and to the extent reasonably necessary to prevent a suicide, a person who reasonably
believes that another is imminently about to commit suicide may use reasonable and appropriate
nondeadly force upon that person.
(5) A licensed physician, licensed mobile intensive care paramedic, or registered nurse; or a person
acting under the direction of a licensed physician, licensed mobile intensive care paramedic, or
registered nurse; or any person who renders emergency care at the scene of an emergency, may use
reasonable and appropriate nondeadly force for the purpose of administering a recognized and lawful
form of treatment that is reasonably adapted to promoting the physical or mental health of the patient if
(A) the treatment is administered with the consent of the patient or, if the patient is a child under 18
years of age or an incompetent person, with the consent of the parent, guardian, or other person
entrusted with care and supervision of the child or incompetent person; or
(B) the treatment is administered in an emergency if the person administering the treatment
reasonably believes that no one competent to consent can be consulted under the circumstances and
that a reasonable person, wishing to safeguard the welfare of the patient, would consent.
(b) A person who raises a defense under (a)(1) of this section and claims that the person upon whom
force was used was an incompetent person has the burden of establishing by a preponderance of the
evidence that, at the time force was used, the person upon whom the force was used was an incompetent
person.

ADMINISTRATIVE CODE
AAC 07.010. Establishment of district guidelines and procedures; prohibited discipline.
(a) Each school district shall develop and adopt policies regarding student rights and responsibilities.
These policies must address both substantive and procedural matters relating to standards of student
behavior, treatment, and discipline. A uniform discipline policy must be in effect throughout the district for
the purpose of establishing standards and procedures in matters relating to student discipline. The
procedures, at a minimum, must address the following:
(1) routine discipline case procedure; and
(2) chronic or serious discipline case procedure.
(b) All district policies must be consistent with the federal and state constitutions, state statutes and
regulations as written or construed by courts of competent jurisdiction.
(c) The use of corporal punishment in Alaska public schools is prohibited.
Page 6
AAC 07.900. Definition.

As used in this chapter, "corporal punishment" means the application of physical force to the body of a
student for disciplinary purposes. It does not include the use of reasonable and necessary physical
restraint of a student to protect the student, or others, from physical injury, to obtain possession of a
weapon or other dangerous object from a student, to maintain reasonable order in the classroom, or on
school grounds, or to protect property from serious damage or destruction.

STATUTES
14.03.105. Search of school lockers.
(a) Subject to (b) of this section, a locker or other container provided in a school by the school or the
school district may be searched and examined with the permission of the chief administrative officer of
the school or the school district or the designee of the chief administrative officer to determine compliance
with school regulations, school district regulations, and local, state, and federal laws. A search or
examination under this section may not be more intrusive than reasonably necessary to meet the
objectives of the search.
(b) Notices in letters at least two inches high stating the right and the intention of school and school
district officers to permit searches and examinations under (a) of this section shall be posted in prominent
locations throughout a school.
(c) Nothing in this section limits the ability of a peace officer, chief administrative officer, or other
appropriate person, acting in compliance with local, state, or federal laws, to search a locker or other
container provided in a public or private school by the school district.

Page 7

STATUTES
14.30.045. Grounds for suspension or denial of admission.
A school age child may be suspended from or denied admission to the public school that the child is
otherwise entitled to attend only for the following causes:
(1) continued willful disobedience or open and persistent defiance of reasonable school authority;
(2) behavior that is inimicable to the welfare, safety, or morals of other pupils or a person employed or
volunteering at the school;
(3) a physical or mental condition that in the opinion of a competent medical authority will render the
child unable to reasonably benefit from the programs available;
(4) a physical or mental condition that in the opinion of a competent medical authority will cause the
attendance of the child to be inimicable to the welfare of other pupils;
(5) conviction of a felony that the governing body of the district determines will cause the attendance of
the child to be inimicable to the welfare or education of other pupils.
15-842. Damage to school property; suspension or expulsion of pupil; liability of parent.
A. A pupil who cuts, defaces or otherwise injures any school property may be suspended or expelled.

STATUTES
14.03.160. Suspension or expulsion of students for possessing weapons.
(a) Notwithstanding any other provision of law, a school district shall
(1) expel for at least one year a student who violates AS 11.61.210(a)(8) while possessing a firearm, as
that term is defined under 18 U.S.C. 921;
(2) suspend for at least 30 days, or expel for the school year or permanently, a student who violates AS
11.61.210(a)(8) while possessing a deadly weapon, other than a firearm as that term is defined under
18 U.S.C. 921.
(b) The administrative officer of a school district may on a case-by-case basis reduce or otherwise modify
the expulsion or suspension of a student under (a) of this section.
(f) In this section,
(1) "deadly weapon" has the meaning given in AS 11.81.900; ["deadly weapon" means any firearm, or
anything designed for and capable of causing death or serious physical injury, including a knife, an axe,
a club, metal knuckles, or an explosive]
Limitations, conditions or exclusions for use of suspension and expulsion

Page 8

STATUTES

STATUTES
14.30.047. Admission or readmission when cause no longer exists.
(a) A child who has been suspended from or denied admittance to a school under AS 14.30.045(3) or (4)
shall be permitted to attend school when the child is obviously recovered or presents to the governing
body a statement in writing from a competent medical authority that the child is no longer afflicted with, or
suffering from, the physical or mental condition to the extent that it is a cause for suspension or denial of
admission under AS 14.30.045(3) or (4).
(b) A child who has been suspended from or denied admittance to a school for any other cause provided
by AS 14.30.045 shall be permitted to attend school when it reasonably appears that the cause has been
remedied.

Page 9

Conditions
STATUTES
18 U.S.C. 921.
Other weapons
STATUTES
18 U.S.C. 921.
Page 10

STATUTES

STATUTES
14.30.030. Prevention and reduction of truancy.
The governing body of a school district, including a regional educational attendance area, shall establish
procedures to prevent and reduce truancy.
Substance use
STATUTES
district;
Page 11

STATUTES
14.33.200. Harassment, intimidation, and bullying policy.
(a) By July 1, 2007, each school district shall adopt a policy that prohibits the harassment, intimidation, or
bullying of any student. Each school district shall share this policy with parents or guardians, students,
volunteers, and school employees.
(b) The policy must be adopted through the standard policy-making procedure for each district that
includes the opportunity for participation by parents or guardians, school employees, volunteers,
students, administrators, and community representatives. The policy must emphasize positive character
traits and values, including the importance of civil and respectful speech and conduct, and the
responsibility of students to comply with the district's policy prohibiting harassment, intimidation, or
bullying. The policy must also include provisions for an appropriate punishment schedule up to and
including expulsion and reporting of criminal activity to local law enforcement authorities. School
employees, volunteers, students, and administrators shall adhere to this policy.
(c) By January 1, 2007, the department, in consultation with representatives of parents or guardians,
school personnel, and other interested parties, may provide to school districts a model harassment,
intimidation, and bullying prevention policy and training materials on the components that should be
included in a district policy. Training materials may be disseminated in a variety of ways, including
workshops and other staff developmental activities, and through the Internet website of the department.
Materials included on the Internet website must include the model policy and recommended training and
instructional materials. The department may provide a link to the school district's Internet website for
further information.
14.33.210. Reporting of incidents of harassment, intimidation, or bullying.
Beginning with the 2007 - 2008 school year, each school district shall report to the department by
November 30 all incidents resulting in suspension or expulsion for harassment, intimidation, or bullying on
school premises or on transportation systems used by schools in the school year preceding the report.
The department shall compile the data and report it to the appropriate committees of the Alaska House of
Representatives and the Senate.
14.33.220. Reporting; no reprisals.
(a) A school employee, student, or volunteer may not engage in reprisal, retaliation, or false accusation
against a victim, witness, or person with reliable information about an act of harassment, intimidation, or
bullying.
(b) A school employee, student, or volunteer who has witnessed, or has reliable information that a student
has been subjected to, harassment, intimidation, or bullying, whether verbal or physical, shall report the
incident to an appropriate school official.
Page 12
(c) This section does not prohibit discipline or other adverse action taken in compliance with school
district policies against a person who falsely and in bad faith accuses a person of engaging in
harassment, intimidation, or bullying or who intentionally provides false information in connection with an
investigation of an alleged incident of harassment, intimidation, or bullying.
14.33.230. Immunity from suit.
A school employee, student, or volunteer who reports an incident of harassment, intimidation, or bullying
to a school official and who makes this report in good faith is immune from a cause of action for damages
arising from a failure to remedy the reported incident or for making the report.
14.33.250. Definitions.
In AS 14.33.200 - 14.33.250,
(1) "district" has the meaning given in AS 14.17.990;
(2) "harassment, intimidation, or bullying" means an intentional written, oral, or physical act, when the
act is undertaken with the intent of threatening, intimidating, harassing, or frightening the student, and
(A) physically harms the student or damages the student's property;
(B) has the effect of substantially interfering with the student's education;
(C) is so severe, persistent, or pervasive that it creates an intimidating or threatening educational
environment; or
(D) has the effect of substantially disrupting the orderly operation of the school;
(3) "school official" means an employee of a school, including a teacher, administrator, or
noncertificated support staff or paraprofessional.

STATUTES
6-18-512. Seizure of hand-held laser pointers.
Each school district shall adopt a policy providing for the seizure by school personnel of hand-held laser
pointers in the possession of students.
Page 13

Prevention

STATUTES
14.30.176. List of community resources.
(a) Notwithstanding AS 14.30.171(a)(4), a school district may make available to an interested parent or
guardian a list of community resources, including mental health services if the list conspicuously states
the following: "This list is provided as a resource to you. The school neither recommends nor requires that
you use this list or any of the services provided by individuals or entities on the list. It is for you to decide
what services, if any, to use and from whom you wish to obtain them."
(b) A list provided under (a) of this section must include the name, specialty, and credential of each
mental health service provider listed.
STATUTES
Legislative Intent
It is the intent of the legislature that training under this Act be provided without the need for appropriation
of additional state funding for that purpose.
Page 14
Mandatory Youth Suicide Awareness and Prevention Training; Immunity.

(a) A school district, regional educational attendance area, and the department shall annually provide
youth suicide awareness and prevention training approved by the commissioner to each teacher,
administrator, counselor, and specialist who is employed by the district, regional educational attendance
area, or department to provide services to students in grades seven through 12 in a public school in the
state at no cost to the teacher, administrator, counselor, or specialist.
(b) The commissioner shall approve youth suicide awareness and prevention training provided under this
section if the training is not less than two hours each year, meets standards for professional continuing
education credit in the state, and is periodically reviewed by a qualified person or committee for
consistency with generally accepted principles of youth suicide awareness and prevention. The training
may be offered through videoconferencing or an individual program of study of designated materials.
(c) A person may not bring a civil action for damages against the state or a school district, or an officer,
agent, or employee of the state or a school district, for a death, personal injury, or property damage that
results from an act or omission in performing or failing to perform activities or duties authorized under this
section. This subsection does not apply to a civil action for damages as a result of intentional misconduct
with complete disregard for the safety and property of others. In this subsection, "school district" has the
meaning given "district" in AS 14.17.990.
(d) The training provided or the failure to provide training under this section may not be construed to
impose a specific duty of care on any person.
Page 15

STATUTES
district;
14.33.210. Reporting of incidents of harassment, intimidation, or bullying.
Beginning with the 2007 - 2008 school year, each school district shall report to the department by
November 30 all incidents resulting in suspension or expulsion for harassment, intimidation, or bullying on
school premises or on transportation systems used by schools in the school year preceding the report.
The department shall compile the data and report it to the appropriate committees of the Alaska House of
Representatives and the Senate.
14.33.220. Reporting; no reprisals.
(a) A school employee, student, or volunteer may not engage in reprisal, retaliation, or false accusation
against a victim, witness, or person with reliable information about an act of harassment, intimidation, or
bullying.
Page 16
(b) A school employee, student, or volunteer who has witnessed, or has reliable information that a student
has been subjected to, harassment, intimidation, or bullying, whether verbal or physical, shall report the
incident to an appropriate school official.
(c) This section does not prohibit discipline or other adverse action taken in compliance with school
district policies against a person who falsely and in bad faith accuses a person of engaging in
harassment, intimidation, or bullying or who intentionally provides false information in connection with an
investigation of an alleged incident of harassment, intimidation, or bullying.
ADMINISTRATIVE CODE
AAC 06.172. Reporting of school disciplinary and safety programs.
(a) A governing body of a school board shall report to the department information relating to the school
district disciplinary and safety program required by AS 14.33.120 . The report shall be submitted annually
with the school report required by AS 14.03.120 (a).
(b) To meet the requirements of AS 14.33.120 (a)(1) for collaboration at each school in development and
review of the standards, the report must provide a description of the procedures used to develop the
community-based standards of school behavior and safety contained in the school safety and discipline
program, including
(1) the persons who were involved in developing the standards;
(2) the parameters for evaluation to assess the effectiveness of the standards; and
(3) the period of review and evaluation of the standards.
(c) The report must also include a description of the annual number of incidents by school of disruptive or
violent student behavior, including the number of students suspended or expelled for
(1) under AS 14.03.160 , possession of deadly weapons; and
(2) discipline violations not specified in (1) of this subsection.

STATUTES
11.61.210 (a)(8) while possessing a deadly weapon, other than a firearm as that term is defined under
18 U.S.C. 921.
(c) A prior conviction, or adjudication of delinquency or child in need of aid, for violation of AS 11.61.210
(a)(8) is not necessary for a school board to suspend or expel a student under this section.
(d) Each school district shall adopt a policy providing for the
Page 17
(1) referral to law enforcement authorities of students who violate AS 11.61.210 (a)(8);
(2) identification of procedures and conditions for early reinstatement of students suspended or expelled
under this section.
(e) Annually on a date set by the department, each school district shall report to the department the
number of students expelled under this section and the types of weapons involved.
(1) "deadly weapon" has the meaning given in AS 11.81.900 ;
(2) "district" has the meaning given in AS 14.17.990 .
14.33.130. Enforcement of approved program; additional safety obligations.
(a) A teacher, a teacher's assistant, a principal, or another person responsible for students may not be
terminated or otherwise subjected to formal disciplinary action for lawful enforcement of an approved
school disciplinary and safety program, including behavior standards, adopted under AS 14.33.120. (b)
A teacher, a teacher's assistant, a principal, or another person responsible for students who (1) receives
information about a student under AS 47.12.310(b) or receives information that may affect the safety of
students or staff shall notify the student's teacher or a school administrator; and (2) in the course of
employment, observes a student committing a crime shall report the crime to the local law enforcement
agency; in this paragraph, "crime" has the meaning given in AS 11.81.900.

STATUTES
47.12.310. Agency records.
(a) Except as specified in AS 47.12.315, 47.12.320, and (b) - (g) of this section, all information and social
records pertaining to a minor who is subject to this chapter or AS 47.17 prepared by or in the possession
Page 18
of a federal, state, or municipal agency or employee in the discharge of the agency's or employee's
official duty, including driver's license actions under AS 28.15.185, are privileged and may not be
disclosed directly or indirectly to anyone without a court order.
(b) A state or municipal agency or employee shall disclose
(1) information regarding a case to a federal, state, or municipal law enforcement agency for a specific
investigation being conducted by that agency;
(2) appropriate information regarding a case to
(A) a guardian ad litem appointed by the court;
(B) a person or an agency requested by the department or the minor's legal custodian to provide
consultation or services for a minor who is subject to the jurisdiction of the court under this chapter as
necessary to enable the provision of the consultation or services;
(C) school officials as may be necessary to protect the safety of the minor who is the subject of the
case and the safety of school students and staff or to enable the school to provide appropriate
counseling and supportive services to meet the needs of a minor about whom information is
disclosed;
(D) a governmental agency as may be necessary to obtain that agency's assistance for the
department in its investigation or to obtain physical custody of a minor;
(E) a law enforcement agency of this state or another jurisdiction as may be necessary for the
protection, rehabilitation, or supervision of any minor or for actions by that agency to protect the
public safety;
(F) a victim or to the victim's insurance company as may be necessary to inform the victim or the
insurance company about the arrest of the minor, including the minor's name and the names of the
minor's parents, copies of reports, or the disposition or resolution of a case involving a minor;
(G) the state medical examiner under AS 12.65 as may be necessary to perform the duties of the
state medical examiner;
(H) foster parents or relatives with whom the child is placed by the department as may be necessary
to enable the foster parents or relatives to provide appropriate care for the child who is the subject of
the case, to protect the safety of the child who is the subject of the case, and to protect the safety and
property of family members and visitors of the foster parents or relatives;
(I) the Department of Law or its agent for use and subsequent release if necessary for collection of an
order of restitution on behalf of the recipient
(J) the Violent Crimes Compensation Board established in AS 18.67.020 for use in awarding
compensation under AS 18.67.080;
(K) a state, municipal, or federal agency of this state or another jurisdiction that has the authority to
license adult or children's facilities and services;
(L) a child placement agency licensed under AS 47.32 as necessary to provide services for a minor
who is subject to the jurisdiction of the court under this chapter; and
(M) a state or municipal agency of this state or another jurisdiction that is responsible for child
protection services, as may be necessary for the administration of services, protection, rehabilitation,
or supervision of a minor or for actions by the agency to protect the public safety; and
(3) to the University of Alaska under the Alaska higher education savings program for children
established under AS 47.14.400 information that is necessary to support the program, but only if the
information released is maintained as a confidential record by the University of Alaska.
(c) A state or municipal law enforcement agency
Page 19
(1) shall disclose information regarding a case that is needed by the person or agency charged with
making a preliminary investigation for the information of the court under this chapter;
(2) may disclose to the public information regarding a criminal offense in which a minor is a suspect,
victim, or witness if the minor is not identified by the disclosure;
(3) may disclose to school officials information regarding a case as may be necessary to protect the
safety of school students and staff or to enable the school to provide appropriate counseling and
supportive services to meet the needs of a minor about whom information is disclosed;
(4) may disclose to the public information regarding a case as may be necessary to protect the safety of
the public; and
(5) may disclose to a victim or to the victim's insurance company information, including copies of
reports, as necessary for civil litigation or insurance claims pursued by or against the victim.
(d) Upon request of a victim, the department shall make every reasonable effort to notify the victim as
soon as practicable, by telephone or in writing, when a delinquent minor is to be released from placement
in a juvenile facility under AS 47.12.120(b)(1). The notice under this subsection must include the
expected date of the delinquent minor's release, the geographic area in which the delinquent minor is
required to reside, and other pertinent information concerning the delinquent minor's conditions of release
that may affect the victim.
(e) A person may authorize the department to release information to the military or to a prospective
employer about the existence of a delinquency adjudication against that person under this chapter and
the offense on which it was based.
(f) The department may release to a person with a legitimate interest information relating to a minor
subject to the jurisdiction of the department under this chapter. The department shall adopt regulations
under AS 44.62 to implement this subsection, including regulations governing the release of information
and standards for identifying a legitimate interest in the information.
(g) The department and affected law enforcement agencies shall work with school districts and private
schools to develop procedures for the disclosure of information to school officials under (b)(2)(C) and
(c)(3) of this section. The procedures must provide a method for informing the principal or the principal's
designee of the school the student attends as soon as it is reasonably practicable.
(h) Notwithstanding (c)(3) of this section, a state or municipal law enforcement agency is not required to
notify the appropriate school official of a school district or school under (c) of this section if the agency
determines that notice would jeopardize an ongoing investigation.
(i) A state or municipal agency, other than a state or municipal law enforcement agency, or authorized
employee may disclose to the public information regarding a case as may be necessary to protect the
safety of the public provided the disclosure is authorized by regulations adopted by the department.
(j) In this section, "school" means a public or private elementary or secondary school.
(k) A person who discloses confidential information in violation of this section is guilty of a class B
misdemeanor.

STATUTES
Page 20
district;
(B) behavior described under AS 14.30.045 (1) or (2);
(3) procedures for notifying teachers of dangerous students consistent with AS 47.12.310 (b);
described under AS 11.81.430 (a)(2);
ADMINISTRATIVE CODE
AAC 07.050. Review of policies.
Since student rights and responsibilities in the public schools are recognized as an ever changing and
constantly developing area, each district shall review its policies and make such revisions as statutes,
regulations or court decisions make necessary. District reviews shall be accomplished at least once every
three years.
Page 21


Page 22

STATUTES
Page 23
Other/Uncategorized
STATUTES
14.33.130. Enforcement of approved program; additional safety obligations.
(a) A teacher, a teacher's assistant, a principal, or another person responsible for students may not be
terminated or otherwise subjected to formal disciplinary action for lawful enforcement of an approved
school disciplinary and safety program, including behavior standards, adopted under AS 14.33.120.
(b) A teacher, a teacher's assistant, a principal, or another person responsible for students who
(1) receives information about a student under AS 47.12.310(b) or receives information that may affect
the safety of students or staff shall notify the student's teacher or a school administrator; and
(2) in the course of employment, observes a student committing a crime shall report the crime to the
local law enforcement agency; in this paragraph, "crime" has the meaning given in AS 11.81.900.
14.33.140. Civil liability for enforcing disciplinary and safety program.
A teacher, a teacher's assistant, a principal, or another person responsible for students is not liable for
civil damage resulting from an act or omission (1) arising out of enforcement of an approved school
disciplinary and safety program adopted under AS 14.33.120; and (2) arising out of and in the course of
employment unless the act or omission constitutes gross negligence or reckless or intentional
misconduct.
14.33.230. Immunity from suit.
A school employee, student, or volunteer who reports an incident of harassment, intimidation, or bullying
to a school official and who makes this report in good faith is immune from a cause of action for damages
arising from a failure to remedy the reported incident or for making the report.

STATUTES
district;
Page 24
Other/Uncategorized
Page 25

School Discipline
resources provided by Alaska provide additional context to state policy and regulations and, in some
Title
Description
School Disciplinary law and reporting

requirements
http://education.alaska.gov/tls/school
safety/disciplinary.html
Alaska law Policy samples
http://education.alaska.gov/tls/school
safety/bullying.html
Website
EED School
Safety
Documents
EED School
Safety
Other Resources
No relevant
resources found
Page 26
Arizona
Discipline Laws and
Regulations
Introduction
document.
Notes & Disclaimers

Laws and Regulations Compendium posted on the Centers website
Prepared by:
Child Trends
Suite 1200W
Suite 110
Table of Contents
Arizona State Codes Cited ......................................................................................................................... 1
Scope ........................................................................................................................................................ 3
Other weapons ........................................................................................................................................ 12
Substance use......................................................................................................................................... 13
Prevention ............................................................................................................................................... 18
Arizona State Codes Cited

Arizona Revised Statutes
Title 13 Criminal Code
Chapter 34 Drug Offenses
13-3411.
Possession, use, sale or transfer of marijuana, peyote, prescription drugs, dangerous

drugs or narcotic drugs or manufacture of dangerous drugs in a drug free school zone;
violation; classification; definitions
Title 15 Education
15-108.
Medical marijuana; school campuses; prohibition; definition
Article 4. Educational Records

15-141.
Educational records; injunction; special action
Article 5. Safety Requirements

15-153.
15-154.
School safety program oversight committee; membership; duties; report; definition

Public school safety program proposal; requirements; purpose; definitions
Chapter 3. Local Governance of Schools

Article 3. Powers and Duties of School District Governing Boards
15-341.
15-342.
General powers and duties; immunity; delegation

Discretionary powers
Chapter 5. School Employees

15-515.
Duty to report violations occurring on school premises
Chapter 7. Instruction
Article 1. Curriculum
15-712.
Instruction on alcohol, tobacco, narcotic drugs, marijuana, date rape drugs and other
dangerous drugs; chemical abuse prevention programs; definitions

Article 1. School Year and Attendance Requirements
15-803.
15-805.
School attendance; exemptions; definitions

Attendance officer; powers and duties
Article 3. Suspension and Expulsion of Pupils

15-840.
Definitions
Arizona Compilation of School Discipline Laws and Regulations
Page 1
15-841.
15-842.
15-843.
15-844.
Responsibilities of pupils; expulsion; alternative education programs; community service;

placement review committee
Damage to school property; suspension or expulsion of pupil; liability of parent
Pupil disciplinary proceedings
Suspension and expulsion proceedings for children with disabilities
Chapter 18. Hazing Prevention Policies

Article 1
General Provisions
15-2301.
Hazing prevention policies; definitions
Arizona Administrative Code

No relevant regulations found.
Page 2
General Provisions
STATUTES
15-341. General powers and duties; immunity; delegation.
A. The governing board shall:
12. Hold pupils to strict account for disorderly conduct on school property.
13. Discipline students for disorderly conduct on the way to and from school.
15-841. Responsibilities of pupils; expulsion; alternative education programs; community service;
placement review committee.
B. A pupil may be expelled for continued open defiance of authority, continued disruptive or disorderly
behavior, violent behavior that includes use or display of a dangerous instrument or a deadly weapon as
defined in section 13-105, use or possession of a gun, or excessive absenteeism. A school district may
expel pupils for actions other than those listed in this subsection as the school district deems appropriate.
15-843. Pupil disciplinary proceedings.
B. The governing board of any school district, in consultation with the teachers and parents of the school
district, shall prescribe rules for the discipline, suspension and expulsion of pupils. The rules shall be
consistent with the constitutional rights of pupils and shall include at least the following:
1. Penalties for excessive pupil absenteeism pursuant to section 15-803, including failure in a subject,
failure to pass a grade, suspension or expulsion.
2. Procedures for the use of corporal punishment if allowed by the governing board.
3. Procedures for the reasonable use of physical force by certificated or classified personnel in selfdefense, defense of others and defense of property.
4. Procedures for dealing with pupils who have committed or who are believed to have committed a
crime.
5. A notice and hearing procedure for cases concerning the suspension of a pupil for more than ten
days.
6. Procedures and conditions for readmission of a pupil who has been expelled or suspended for more
than ten days.
7. Procedures for appeal to the governing board of the suspension of a pupil for more than ten days, if
the decision to suspend the pupil was not made by the governing board.
8. Procedures for appeal of the recommendation of the hearing officer or officers designated by the
board as provided in subsection F of this section at the time the board considers the recommendation.
Scope
STATUTES
Page 3
12. Hold pupils to strict account for disorderly conduct on school property.
13. Discipline students for disorderly conduct on the way to and from school.
15-342. Discretionary powers.
The governing board may:
1. Expel pupils for misconduct.
Page 4

STATUTES
A. Pupils shall comply with the rules, pursue the required course of study and submit to the authority of
the teachers, the administrators and the governing board. A teacher may send a pupil to the principal's
office in order to maintain effective discipline in the classroom. If a pupil is sent to the principal's office
pursuant to this subsection, the principal shall employ appropriate discipline management techniques that
are consistent with rules adopted by the school district governing board. A teacher may remove a pupil
from the classroom if either of the following conditions exists:
1. The teacher has documented that the pupil has repeatedly interfered with the teacher's ability to
communicate effectively with the other pupils in the classroom or with the ability of the other pupils to
learn.
2. The teacher has determined that the pupil's behavior is so unruly, disruptive or abusive that it
seriously interferes with the teacher's ability to communicate effectively with the other pupils in the
classroom or with the ability of the other pupils to learn.
D. The governing board shall:
3. Develop procedures allowing teachers and principals to temporarily remove disruptive pupils from a
class.
STATUTES
E. As an alternative to suspension or expulsion, the school district may reassign any pupil to an
alternative education program if the pupil does not meet the requirements for participation in the
alternative to suspension program prescribed in subsection H of this section and if good cause exists for
expulsion or for a long-term suspension.
H. A school district or charter school shall expel from school for at least one year a pupil who is
determined to have threatened an educational institution as defined in section 13-2911, except that the
school district or charter school may modify this expulsion requirement for a pupil on a case by case basis
if the pupil participates in mediation, community service, restitution or other programs in which the pupil
takes responsibility for the results of the threat.
Page 5
I. By January 1, 2001, each school district shall establish an alternative to suspension program in
consultation with local law enforcement officials or school resource officers. The school district governing
board shall adopt policies to determine the requirements for participation in the alternative to suspension
program. Pupils who would otherwise be subject to suspension pursuant to this article and who meet the
school district's requirements for participation in the alternative to suspension program shall be
transferred to a location on school premises that is isolated from other pupils or transferred to a location
that is not on school premises. The alternative to suspension program shall be discipline intensive and
require academic work, and may require community service, groundskeeping and litter control, parent
supervision, and evaluation or other appropriate activities. The community service, groundskeeping and
litter control, and other appropriate activities may be performed on school grounds or at any other
designated area.

STATUTES
2. Procedures for the use of corporal punishment if allowed by the governing board.


Page 6

STATUTES
15-842. Damage to school property; suspension or expulsion of pupil; liability of parent.
A. A pupil who cuts, defaces or otherwise injures any school property may be suspended or expelled.

STATUTES
G. A school district or charter school shall expel from school for a period of not less than one year a pupil
who is determined to have brought a firearm to a school within the jurisdiction of the school district or the
charter school, except that the school district or charter school may modify this expulsion requirement for
a pupil on a case by case basis. This subsection shall be construed consistently with the requirements of
the individuals with disabilities education act (20 United States Code sections 1400 through 1420). For
the purposes of this subsection:
1. "Expel" may include removing a pupil from a regular school setting and providing educational
services in an alternative setting.
2. "Firearm" means a firearm as defined in 18 United States Code section 921.
H. A school district or charter school shall expel from school for at least one year a pupil who is
determined to have threatened an educational institution as defined in section 13-2911, except that the
school district or charter school may modify this expulsion requirement for a pupil on a case by case basis
if the pupil participates in mediation, community service, restitution or other programs in which the pupil
takes responsibility for the results of the threat. This subsection shall be construed consistently with the
requirements of the individuals with disabilities education act (20 United States Code sections 1400
through 1420). A school district may reassign a pupil who is subject to expulsion pursuant to this
subsection to an alternative education program pursuant to subsection E of this section if the pupil
participates in mediation, community service, restitution or other programs in which the pupil takes
responsibility for the threat. A school district or charter school may require the pupil's parent or guardian
to participate in mediation, community service, restitution or other programs in which the parent or
guardian takes responsibility with the pupil for the threat. For the purposes of this subsection, "threatened
an educational institution" means to interfere with or disrupt an educational institution by doing any of the
following:
Page 7
1. For the purpose of causing, or in reckless disregard of causing, interference with or disruption of an
educational institution, threatening to cause physical injury to any employee of an educational institution
or any person attending an educational institution.
2. For the purpose of causing, or in reckless disregard of causing, interference with or disruption of an
educational institution, threatening to cause damage to any educational institution, the property of any
educational institution, the property of any employee of an educational institution or the property of any
person attending an educational institution.
3. Going on or remaining on the property of any educational institution for the purpose of interfering with
or disrupting the lawful use of the property or in any manner as to deny or interfere with the lawful use
of the property by others.
4. Refusing to obey a lawful order to leave the property of an educational institution.

STATUTES
B. A pupil may be expelled for excessive absenteeism only if the pupil has reached the age or completed
the grade after which school attendance is not required as prescribed in section 15-802.
3. Procedures for the reasonable use of physical force by certificated or classified personnel in selfdefense, defense of others and defense of property.
C. Penalties adopted pursuant to subsection B, paragraph 1 of this section for excessive absenteeism
shall not be applied to pupils who have completed the course requirements and whose absence from
school is due solely to illness, disease or accident as certified by a person who is licensed pursuant to
title 32, chapter 7, 13, 15 or 17.
L. Rules pertaining to the discipline, suspension and expulsion of pupils shall not be based on race, color,
religion, sex, national origin or ancestry. If the department of education, the auditor general or the
attorney general determines that a school district is substantially and deliberately not in compliance with
this subsection and if the school district has failed to correct the deficiency within ninety days after
receiving notice from the department of education, the superintendent of public instruction may withhold
the monies the school district would otherwise be entitled to receive from the date of the determination of
noncompliance until the department of education determines that the school district is in compliance with
this subsection.
Page 8

STATUTES
J. Each school shall establish a placement review committee to determine the placement of a pupil if a
teacher refuses to readmit the pupil to the teacher's class and to make recommendations to the governing
board regarding the readmission of expelled pupils. The process for determining the placement of a pupil
in a new class or replacement in the existing class shall not exceed three business days from the date the
pupil was first removed from the existing class. The principal shall not return a pupil to the classroom from
which the pupil was removed without the teacher's consent unless the committee determines that the
return of the pupil to that classroom is the best or only practicable alternative. The committee shall be
composed of two teachers who are employed at the school and who are selected by the faculty members
of the school and one administrator who is employed by the school and who is selected by the principal.
The faculty members of the school shall select a third teacher to serve as an alternate member of the
committee. If the teacher who refuses to readmit the pupil is a member of the committee, that teacher
shall be excused from participating in the determination of the pupil's readmission and the alternate
teacher member shall replace that teacher on the committee until the conclusion of all matters relating to
that pupil's readmission.
A. An action concerning discipline, suspension or expulsion of a pupil is not subject to title 38, chapter 3,
article 3.1, except that the governing board of a school district shall post regular notice and shall take
minutes of any hearing held by the governing board concerning the discipline, suspension or expulsion of
a pupil.
5. A notice and hearing procedure for cases concerning the suspension of a pupil for more than ten
days.
6. Procedures and conditions for readmission of a pupil who has been expelled or suspended for more
than ten days.
7. Procedures for appeal to the governing board of the suspension of a pupil for more than ten days, if
the decision to suspend the pupil was not made by the governing board.
D. The governing board shall:
2. Develop procedures allowing teachers and principals to recommend the suspension or expulsion of
pupils.
E. If a pupil withdraws from school after receiving notice of possible action concerning discipline,
expulsion or suspension, the governing board may continue with the action after the withdrawal and may
record the results of such action in the pupil's permanent file.
F. In all action concerning the expulsion of a pupil, the governing board of a school district shall:
1. Be notified of the intended action.
2. Either:
Page 9
(a) Decide, in executive session, whether to hold a hearing or to designate one or more hearing
officers to hold a hearing to hear the evidence, prepare a record and bring a recommendation to the
board for action and whether the hearing shall be held in executive session.
(b) Provide by policy or vote at its annual organizational meeting that all hearings concerning the
expulsion of a pupil conducted pursuant to this section will be conducted before a hearing officer
selected from a list of hearing officers approved by the governing board.
3. Give written notice, at least five working days before the hearing by the governing board or the
hearing officer or officers designated by the governing board, to all pupils subject to expulsion and their
parents or guardians of the date, time and place of the hearing. If the governing board decides that the
hearing is to be held in executive session, the written notice shall include a statement of the right of the
parents or guardians or an emancipated pupil who is subject to expulsion to object to the governing
board's decision to have the hearing held in executive session. Objections shall be made in writing to
the governing board.
G. If a parent or guardian or an emancipated pupil who is subject to expulsion disagrees that the hearing
should be held in executive session, it shall be held in an open meeting unless:
1. If only one pupil is subject to expulsion and disagreement exists between that pupil's parents or
guardians, the governing board, after consultations with the pupil's parents or guardians or the
emancipated pupil, shall decide in executive session whether the hearing will be in executive session.
2. If more than one pupil is subject to expulsion and disagreement exists between the parents or
guardians of different pupils, separate hearings shall be held subject to this section.
K. In all cases of suspension, it shall be for good cause and shall be reported within five days to the
governing board by the superintendent or the person imposing the suspension.
15-844. Suspension and expulsion proceedings for children with disabilities.
Notwithstanding sections 15-841 and 15-842, the suspension or expulsion of children with disabilities, as
defined in section 15-761, shall be in accordance with the individuals with disabilities education act (20
United States Code sections 1410 through 1485) and federal regulations issued pursuant to the
individuals with disabilities education act.

STATUTES
C. A school district may refuse to admit any pupil who has been expelled from another educational
institution or who is in the process of being expelled from another educational institution.
J. Each school shall establish a placement review committee to determine the placement of a pupil if a
teacher refuses to readmit the pupil to the teacher's class and to make recommendations to the governing
board regarding the readmission of expelled pupils. The process for determining the placement of a pupil
in a new class or replacement in the existing class shall not exceed three business days from the date the
pupil was first removed from the existing class. The principal shall not return a pupil to the classroom from
which the pupil was removed without the teacher's consent unless the committee determines that the
return of the pupil to that classroom is the best or only practicable alternative. The committee shall be
Page 10
composed of two teachers who are employed at the school and who are selected by the faculty members
of the school and one administrator who is employed by the school and who is selected by the principal.
The faculty members of the school shall select a third teacher to serve as an alternate member of the
committee. If the teacher who refuses to readmit the pupil is a member of the committee, that teacher
shall be excused from participating in the determination of the pupil's readmission and the alternate
teacher member shall replace that teacher on the committee until the conclusion of all matters relating to
that pupil's readmission.

STATUTES
15-342. Discretionary powers.
The governing board may:
3. Make such separation of groups of pupils as it deems advisable.
F. A school district may also reassign a pupil to an alternative educational program if the pupil refuses to
comply with rules, refuses to pursue the required course of study or refuses to submit to the authority of
teachers, administrators or the governing board.
H. A school district may reassign a pupil who is subject to expulsion pursuant to this subsection to an
alternative education program pursuant to subsection E of this section if the pupil participates in
mediation, community service, restitution or other programs in which the pupil takes responsibility for the
threat.
consultation with local law enforcement officials or school resource officers. The school district governing
board shall adopt policies to determine the requirements for participation in the alternative to suspension
program. Pupils who would otherwise be subject to suspension pursuant to this article and who meet the
school district's requirements for participation in the alternative to suspension program shall be
transferred to a location on school premises that is isolated from other pupils or transferred to a location
that is not on school premises. The alternative to suspension program shall be discipline intensive and
require academic work, and may require community service, groundskeeping and litter control, parent
supervision, and evaluation or other appropriate activities. The community service, groundskeeping and
litter control, and other appropriate activities may be performed on school grounds or at any other
designated area.
Page 11

Conditions
STATUTES
G. A school district or charter school shall expel from school for a period of not less than one year a pupil
who is determined to have brought a firearm to a school within the jurisdiction of the school district or the
charter school, except that the school district or charter school may modify this expulsion requirement for
a pupil on a case by case basis. This subsection shall be construed consistently with the requirements of
the individuals with disabilities education act (20 United States Code sections 1400 through 1420). For
the purposes of this subsection:
1. "Expel" may include removing a pupil from a regular school setting and providing educational
services in an alternative setting.
2. "Firearm" means a firearm as defined in 18 United States Code section 921.
15-515. Duty to report violations occurring on school premises.
All school personnel who observe a violation of section 13-3102, subsection A, paragraph 12 or section
13-3111 on school premises shall immediately report the violation to the school administrator. The
administrator shall immediately report the violation to a peace officer. The peace officer shall report this
violation to the department of public safety for inclusion in the statewide and federal uniform crime reports
prescribed in section 41-1750, subsection A, paragraph 2.
Other weapons
STATUTES

Page 12

STATUTES
15-803. School attendance; exemptions; definitions.
B. A child who is habitually truant or who has excessive absences may be adjudicated an incorrigible
child as defined in section 8-201. Absences may be considered excessive when the number of absent
days exceeds ten per cent of the number of required attendance days prescribed in section 15-802,
subsection B, paragraph 1.
B. A pupil may be expelled for excessive absenteeism only if the pupil has reached the age or completed
the grade after which school attendance is not required as prescribed in section 15-802.
1. Penalties for excessive pupil absenteeism pursuant to section 15-803, including failure in a subject,
failure to pass a grade, suspension or expulsion.
C. Penalties adopted pursuant to subsection B, paragraph 1 of this section for excessive absenteeism
shall not be applied to pupils who have completed the course requirements and whose absence from
school is due solely to illness, disease or accident as certified by a person who is licensed pursuant to
title 32, chapter 7, 13, 15 or 17.
Substance use
STATUTES
15-108. Medical marijuana; school campuses; prohibition; definition.
A. In addition to the limitations prescribed in section 36-2802, subsection B, a person, including a
cardholder as defined in section 36-2801, may not lawfully possess or use marijuana on the campus of
any public university, college, community college or postsecondary educational institution.
B. A person may not lawfully possess or use marijuana on the campus of any high school, junior high
school, middle school, common school or preschool in this state.
13-3411. Possession, use, sale or transfer of marijuana, peyote, prescription drugs, dangerous
drugs or narcotic drugs or manufacture of dangerous drugs in a drug free school zone; violation;
classification; definitions.
A. It is unlawful for a person to do any of the following:
1. Intentionally be present in a drug free school zone to sell or transfer marijuana, peyote, prescriptiononly drugs, dangerous drugs or narcotic drugs.
2. Possess or use marijuana, peyote, dangerous drugs or narcotic drugs in a drug free school zone.
3. Manufacture dangerous drugs in a drug free school zone.
B. A person who violates subsection A of this section is guilty of the same class of felony that the person
would otherwise be guilty of had the violation not occurred within a drug free school zone, except that the
Page 13
presumptive, minimum and maximum sentence shall be increased by one year. The additional sentence
imposed under this subsection is in addition to any enhanced punishment that may be applicable under
section 13-703, section 13-704, section 13-708, subsection D or any provision in this chapter. A person is
not eligible for suspension of sentence, probation, pardon or release from confinement on any basis
except pursuant to section 31-233, subsection A or B until the sentence imposed by the court has been
served or commuted.
C. In addition to any other penalty prescribed by this title, the court shall order a person who is convicted
of a violation of this section to pay a fine of not less than two thousand dollars or three times the value as
determined by the court of the drugs involved in or giving rise to the charge, whichever is greater, and not
more than the maximum authorized by chapter 8 of this title. A judge shall not suspend any part or all of
the imposition of any fine required by this subsection.
D. Each school district's governing board or its designee, or the chief administrative officer in the case of
a nonpublic school, shall place and maintain permanently affixed signs located in a visible manner at the
main entrance of each school that identifies the school and its accompanying grounds as a drug free
school zone.
E. The drug free school zone map prepared pursuant to title 15 shall constitute an official record as to the
location and boundaries of each drug free school zone. The school district's governing board or its
designee, or the chief administrative officer in the case of any nonpublic school, shall promptly notify the
county attorney of any changes in the location and boundaries of any school property and shall file with
the county recorder the original map prepared pursuant to title 15.
F. All school personnel who observe a violation of this section shall immediately report the violation to a
school administrator. The administrator shall immediately report the violation to a peace officer. It is
unlawful for any school personnel or school administrator to fail to report a violation as prescribed in this
section.
G. School personnel having custody or control of school records of a student involved in an alleged
violation of this section shall make the records available to a peace officer upon written request signed by
a magistrate. Records disclosed pursuant to this subsection are confidential and may be used only in a
judicial or administrative proceeding. A person furnishing records required under this subsection or a
person participating in a judicial or administrative proceeding or investigation resulting from the furnishing
of records required under this subsection is immune from civil or criminal liability by reason of such action
unless the person acted with malice.
H. A person who violates subsection F of this section is guilty of a class 3 misdemeanor.
I. For the purposes of this section:
1. "Drug free school zone" means the area within three hundred feet of a school or its accompanying
grounds, any public property within one thousand feet of a school or its accompanying grounds, a
school bus stop or on any school bus or bus contracted to transport pupils to any school.
2. "School" means any public or nonpublic kindergarten program, common school or high school.

STATUTES
37. Prescribe and enforce policies and procedures to prohibit pupils from harassing, intimidating and
bullying other pupils on school grounds, on school property, on school buses, at school bus stops, at
school sponsored events and activities and through the use of electronic technology or electronic
Page 14
communication on school computers, networks, forums and mailing lists that include the following
components:
(a) A procedure for pupils, parents and school district employees to confidentially report to school
officials incidents of harassment, intimidation or bullying. The school shall make available written forms
designed to provide a full and detailed description of the incident and any other relevant information
about the incident.
(b) A requirement that school district employees report in writing suspected incidents of harassment,
intimidation or bullying to the appropriate school official and a description of appropriate disciplinary
procedures for employees who fail to report suspected incidents that are known to the employee.
(c) A requirement that, at the beginning of each school year, school officials provide all pupils with a
written copy of the rights, protections and support services available to a pupil who is an alleged victim
of an incident reported pursuant to this paragraph.
(d) If an incident is reported pursuant to this paragraph, a requirement that school officials provide a
pupil who is an alleged victim of the incident with a written copy of the rights, protections and support
services available to that pupil.
(e) A formal process for the documentation of reported incidents of harassment, intimidation or bullying
and for the confidentiality, maintenance and disposition of this documentation. School districts shall
maintain documentation of all incidents reported pursuant to this paragraph for at least six years. The
school shall not use that documentation to impose disciplinary action unless the appropriate school
official has investigated and determined that the reported incidents of harassment, intimidation or
bullying occurred. If a school provides documentation of reported incidents to persons other than school
officials or law enforcement, all individually identifiable information shall be redacted.
(f) A formal process for the investigation by the appropriate school officials of suspected incidents of
harassment, intimidation or bullying, including procedures for notifying the alleged victim on completion
and disposition of the investigation.
(g) Disciplinary procedures for pupils who have admitted or been found to have committed incidents of
harassment, intimidation or bullying.
(h) A procedure that sets forth consequences for submitting false reports of incidents of harassment,
intimidation or bullying.
(i) Procedures designed to protect the health and safety of pupils who are physically harmed as the
result of incidents of harassment, intimidation and bullying, including, if appropriate, procedures to
contact emergency medical services or law enforcement agencies, or both.
(j) Definitions of harassment, intimidation and bullying.
15-2301. Hazing prevention policies; definitions.
A. Every public educational institution in this state shall adopt, post and enforce a hazing prevention
policy. The hazing prevention policy shall be printed in every student handbook for distribution to parents
and students. Each hazing prevention policy shall include:
1. A definition of hazing pursuant to subsection C, paragraph 2 of this section.
2. A statement that hazing is prohibited.
3. A statement that any solicitation to engage in hazing is prohibited.
4. A statement that aiding and abetting another person who is engaged in hazing is prohibited.
5. A statement that it is not a defense to a violation of the hazing prevention policy if the hazing victim
consented to or acquiesced in the hazing activity.
Page 15
6. A statement that all students, teachers and staff shall take reasonable measures within the scope of
their individual authority to prevent violations of the hazing prevention policy.
7. A description of the procedures for students, teachers and staff to report violations of the hazing
prevention policy and the procedures to file a complaint for a violation of the hazing prevention policy.
8. Procedures to investigate reports of violations of the hazing prevention policy and to investigate
complaints for a violation of the hazing prevention policy.
9. A description of the circumstances under which a violation of the hazing prevention policy shall be
reported to the appropriate law enforcement agency.
10. A description of appropriate penalties, sanctions and appeals mechanisms for persons and
organizations that violate the hazing prevention policy. The sanctions shall include the revocation or
suspension of an organization's permission to conduct operations at the educational institution if the
organization knowingly permitted, authorized or condoned the hazing activity. Any teacher or staff who
knowingly permitted, authorized or condoned the hazing activity is subject to disciplinary action by the
educational institution.
B. Violations of hazing prevention policies adopted pursuant to this section do not include either of the
following:
1. Customary athletic events, contests or competitions that are sponsored by an educational institution.
2. Any activity or conduct that furthers the goals of a legitimate educational curriculum, a legitimate
extracurricular program or a legitimate military training program.
C. For purposes of this section:
1. "Educational institution" means any of the following:
(a) A public school that provides instruction to pupils in any combination of kindergarten programs and
grades one through twelve.
(b) A public community college or a vocational education program that provides academic instruction
or training not exceeding two years' duration in the arts, sciences and humanities beyond the twelfth
grade of the public or private high school course of study.
(c) Any public college or university that provides academic instruction beyond the twelfth grade of the
public or private high school course of study and that offers any combination of baccalaureate,
master's or doctoral degrees to students that complete specified academic requirements.
2. "Hazing" means any intentional, knowing or reckless act committed by a student, whether individually
or in concert with other persons, against another student, and in which both of the following apply:
(a) The act was committed in connection with an initiation into, an affiliation with or the maintenance
of membership in any organization that is affiliated with an educational institution.
(b) The act contributes to a substantial risk of potential physical injury, mental harm or degradation or
causes physical injury, mental harm or personal degradation.
3. "Organization" means an athletic team, association, order, society, corps, cooperative, club or other
similar group that is affiliated with an educational institution and whose membership consists primarily
of students enrolled at that educational institution.
4. "Student" means any person who is enrolled at an educational institution, any person who has been
promoted or accepted for enrollment at an educational institution or any person who intends to enroll at
or be promoted to an educational institution within the next twelve calendar months. The hazing
prevention policy of the educational institution where a person has been accepted for or promoted to
enrollment, or where a person intends to enroll or be promoted to within the next twelve calendar
months, shall be the effective policy. A person who meets the definition of a student for purposes of this
Page 16
paragraph shall continue to be defined as a student for purposes of this section until the person
graduates, transfers, is promoted or withdraws from the educational institution.

Page 17

Prevention
STATUTES
15-153. School safety program oversight committee; membership; duties; report; definition.
A. The school safety program oversight committee is established consisting of the following members:
1. Two members of the senate who are from different political parties and who are appointed by the
president of the senate. These members serve as advisory members. The president of the senate shall
select one member to cochair the committee.
2. Two members of the house of representatives who are from different political parties and who are
appointed by the speaker of the house of representatives. These members serve as advisory members.
The speaker of the house of representatives shall select one member to cochair the committee.
3. The governor, or the governor's designee.
4. The superintendent of public instruction, or the superintendent's designee.
5. A law enforcement officer who is appointed by the speaker of the house of representatives.
6. A juvenile probation officer who is appointed by the chief justice of the supreme court.
7. A public school principal who is appointed by the superintendent of public instruction.
8. A representative from the field of law related education who is appointed by the governor.
B. Members serve at the pleasure of the appointing entity.
C. The committee shall review plans submitted by the applicants for participation in the school safety
program and shall select sites that are eligible to receive funding based on school safety needs. The
committee shall also review renewal applications from participating sites.
D. The committee shall evaluate the program and report annually to the president of the senate, the
speaker of the house of representatives, the governor and the joint legislative audit committee by
November 1 and shall provide a copy of this report to the secretary of state.
E. For purposes of this section, "advisory member" means a member who advises the committee but who
is not eligible to vote and is not a member for the purposes of determining a quorum.
15-712. Instruction on alcohol, tobacco, narcotic drugs, marijuana, date rape drugs and other
dangerous drugs; chemical abuse prevention programs; definitions.
A. Instruction on the nature and harmful effects of alcohol, tobacco, narcotic drugs, marijuana, date rape
drugs and other dangerous drugs on the human system and instruction on the laws related to the control
of these substances and the nonuse and prevention of use and abuse of alcohol, tobacco, narcotic drugs,
marijuana, date rape drugs and other dangerous drugs may be included in the courses of study in
common and high schools, with emphasis on grades four through nine. Instruction on the nature and
harmful effects of alcohol, tobacco, narcotic drugs, marijuana, date rape drugs and other dangerous
drugs on a human fetus may be included in the courses of study in grades six through twelve. The
instruction may be integrated into existing health, science, citizenship or similar studies and shall meet
the criteria for chemical abuse prevention education programs developed pursuant to subsection C of this
section.
B. At the request of a school district, the department of education shall provide technical assistance to
school districts that choose to implement programs to prevent chemical abuse.
Page 18
LEGISLATIVE INTENT
It is the intent of the legislature that training under this Act be provided without the need for appropriation
of additional state funding for that purpose.
Mandatory Youth Suicide Awareness and Prevention Training; Immunity.
(a) A school district, regional educational attendance area, and the department shall annually provide
youth suicide awareness and prevention training approved by the commissioner to each teacher,
administrator, counselor, and specialist who is employed by the district, regional educational
attendance area, or department to provide services to students in grades seven through 12 in a public
school in the state at no cost to the teacher, administrator, counselor, or specialist.
(b) The commissioner shall approve youth suicide awareness and prevention training provided under
this section if the training is not less than two hours each year, meets standards for professional
continuing education credit in the state, and is periodically reviewed by a qualified person or committee
for consistency with generally accepted principles of youth suicide awareness and prevention. The
training may be offered through videoconferencing or an individual program of study of designated
materials.
(c) A person may not bring a civil action for damages against the state or a school district, or an officer,
agent, or employee of the state or a school district, for a death, personal injury, or property damage that
results from an act or omission in performing or failing to perform activities or duties authorized under
this section. This subsection does not apply to a civil action for damages as a result of intentional
misconduct with complete disregard for the safety and property of others. In this subsection, "school
district" has the meaning given "district" in AS 14.17.990.
(d) The training provided or the failure to provide training under this section may not be construed to
impose a specific duty of care on any person.

Page 19

STATUTES
37. Prescribe and enforce policies and procedures to prohibit pupils from harassing, intimidating and
bullying other pupils on school grounds, on school property, on school buses, at school bus stops, at
school sponsored events and activities and through the use of electronic technology or electronic
communication on school computers, networks, forums and mailing lists that include the following
components:
(a) A procedure for pupils, parents and school district employees to confidentially report to school
officials incidents of harassment, intimidation or bullying. The school shall make available written forms
designed to provide a full and detailed description of the incident and any other relevant information
about the incident.
(b) A requirement that school district employees report in writing suspected incidents of harassment,
intimidation or bullying to the appropriate school official and a description of appropriate disciplinary
procedures for employees who fail to report suspected incidents that are known to the employee.
section.
STATUTES
H. A school district or charter school may require the pupil's parent or guardian to participate in mediation,
community service, restitution or other programs in which the parent or guardian takes responsibility with
the pupil for the threat.
Page 20

STATUTES
4. Procedures for dealing with pupils who have committed or who are believed to have committed a
crime.
15-341. General powers and duties; immunity; delegation
31. Report to local law enforcement agencies any suspected crime against a person or property that is
a serious offense as defined in section 13-706 or that involves a deadly weapon or dangerous
instrument or serious physical injury and any conduct that poses a threat of death or serious physical
injury to employees, students or anyone on the property of the school. This paragraph does not limit or
preclude the reporting by a school district or an employee of a school district of suspected crimes other
than those required to be reported by this paragraph. For the purposes of this paragraph, "dangerous
instrument", "deadly weapon" and "serious physical injury" have the same meanings prescribed in
section 13-105.
15-515. Duty to report violations occurring on school premises.
All school personnel who observe a violation of section 13-3102, subsection A, paragraph 12 or section
13-3111 on school premises shall immediately report the violation to the school administrator. The
administrator shall immediately report the violation to a peace officer. The peace officer shall report this
violation to the department of public safety for inclusion in the statewide and federal uniform crime reports
prescribed in section 41-1750, subsection A, paragraph 2.
section.
G. School personnel having custody or control of school records of a student involved in an alleged
violation of this section shall make the records available to a peace officer upon written request signed by
a magistrate. Records disclosed pursuant to this subsection are confidential and may be used only in a
judicial or administrative proceeding. A person furnishing records required under this subsection or a
person participating in a judicial or administrative proceeding or investigation resulting from the furnishing
Page 21
of records required under this subsection is immune from civil or criminal liability by reason of such action
unless the person acted with malice.

STATUTES
15-141. Educational records; injunction; special action.
C. Notwithstanding any financial debt owed by the pupil, the governing board of a school district shall
release to the department of juvenile corrections all educational records relating to a pupil who is awarded
to the department of juvenile corrections within ten working days after the date the request is received.
E. A school district may release pupil attendance, disciplinary and other educational records to a law
enforcement agency and county attorney pursuant to an intergovernmental agreement among the school
district, law enforcement agency, county attorney and other state, local or tribal government agencies to
create a local or tribal governmental juvenile justice network for the purpose of:
1. Providing appropriate programs and services to intervene with juveniles currently involved in the
juvenile justice system.
2. Providing appropriate programs and services designed to deter at-risk juveniles from dropping out of
school or other delinquent behavior.
3. Increasing the safety and security of the community and its children by reducing juvenile crime.
F. Educational records provided pursuant to an intergovernmental agreement entered into pursuant to
subsection E shall be used solely for the purposes of the agreement and shall not be disclosed to any
other party, except as provided by law.

Page 22

STATUTES
15-805. Attendance officer; powers and duties.
A. The attendance officer may enforce the law relating to:
1. School attendance of children between the ages of six and sixteen years.
2. The provisions of section 15-802, subsection E, and section 15-803.
3. Employment of children between the ages of six and sixteen years.
B. The attendance officer may:
1. Issue a citation to an adult or child who is alleged to be in violation of laws specified in subsection A
of this section to appear before a court of competent jurisdiction and shall advise the person to whom
the citation is issued that failure to appear at the time and place specified in the citation may result in
the issuance of a warrant for the person's arrest. A citation that is issued to a child under eighteen
years of age shall require the child's parent or person having custody to appear with the child at the
time and place specified in the citation. The attendance officer shall notify the child's parent or person
having custody that the citation was issued and that the parent or person having custody is required to
appear in court with the child and shall give proof of the notice to the court.
2. Issue a citation on an Arizona traffic ticket and complaint form for any violation of laws specified in
subsection A of this section.
3. Report a violation of a law specified in subsection A of this section to the local law enforcement
agency and request an investigation of the violation. The law enforcement agency shall, when sufficient
cause exists, refer the matter for prosecution.
4. Enter all places where children may be employed to investigate and enforce the law.
consultation with local law enforcement officials or school resource officers.

Page 23

STATUTES
15-154. Public school safety program proposal; requirements; purpose; definitions.
A. A public school district may apply to participate in the school safety program as provided in this section
for up to three fiscal years by submitting by April 15 a program proposal to the school safety program
oversight committee. The program proposal shall contain:
1. A detailed description of the school safety needs of the public school or school district.
2. A plan for implementing a law related education program or a plan that demonstrates the existence of
a law related education program as a school safety prevention strategy.
3. A plan to use trained school resource officers or juvenile probation officers in the schools, or both.
B. The state board of education shall administer the program in cooperation with the courts, law
enforcement agencies and law related education providers. Representatives from the state board of
education shall use relevant crime statistics and shall visit schools located in school districts that submit
program proposals in order to verify the information contained in the program proposals.
C. The department of education, at the direction of the state board of education, shall distribute monies to
the school districts that are in compliance with program requirements and whose plans have been
approved by the school safety program oversight committee.
D. Any appropriations that are made to the department of education for the school safety program are
exempt from the provisions of section 35-190 relating to the lapsing of appropriations. All monies that are
not used for an approved school safety plan during the fiscal year for which the monies were appropriated
revert to the department of education for distribution to the program in the following fiscal year.
E. Monies received by a school district under the program shall be spent to implement the approved
plans.
F. For the purposes of this section:
1. "Law related education" means interactive education to equip children and youth with knowledge and
skills pertaining to the law, school safety and effective citizenship.
2. "Law related education program" means a program designed to provide children and youth with
knowledge, skills and activities pertaining to the law and legal process and to promote law-abiding
behavior with the purpose of preventing children and youth from engaging in delinquency or violence
and enabling them to become productive citizens.
Page 24
Other/Uncategorized

STATUTES
consultation with local law enforcement officials or school resource officers.
Other/Uncategorized
Page 25

School Discipline
resources provided by Arizona provide additional context to state policy and regulations and, in some
Title
Description
The Safe and Supportive Schools (S3)

website provides information on PBIS,
prevention training on anti-bullying, threat
assessment, emergency management, etc.
http://www.s3az.org/
This toolkit provides step-by-step guidance

and materials for educators who would like
to implement community service as part of
alternatives to suspension in their school
or district.
http://www.serviceoptions.org/Docu
ments/manual.pdf
Website
Safe and
Supportive
Schools Arizona
Documents
No relevant
resources found
Other Resources
Community
Service as an
Alternative to
Suspensions: A
Practical Program
Toolkit
Page 26
Arkansas
Discipline Laws and
Regulations
Introduction
document.
Notes & Disclaimers

Prepared by:
Child Trends
Suite 1200W
Suite 110
Table of Contents
Arkansas State Codes Cited ...................................................................................................................... 1
Scope ........................................................................................................................................................ 5
Limitations, conditions or exclusions for use of suspension and expulsion ............................................ 18
Other weapons ........................................................................................................................................ 29
Substance use......................................................................................................................................... 38
Prevention ............................................................................................................................................... 45
Arkansas State Codes Cited

Arkansas Revised Statutes
Note: All hyperlinks below take you to Arkansas statute search engine, offered by LexisNexis, redirected
from http://www.arkleg.state.ar.us/assembly/2013/2013R/Pages/Home.aspx.
Title 5. Criminal Offenses

Subtitle 6. Offenses Against Public Health, Safety, Or Welfare
Chapter 71. Riots, Disorderly Conduct, Etc.
Subchapter 2. Offenses Generally
A.C.A. 5-71-217.
Cyberbullying
Chapter 73. Weapons

A.C.A. 5-73-119.
Handguns -- Possession by minor or possession on school property
Title 6 Education
Subtitle 2. Elementary And Secondary Education Generally
Chapter 17 Personnel
Subchapter 1. General Provisions
A.C.A. 6-17-112
A.C.A. 6-17-113
Corporal punishment -- Immunity from liability

Duty to report and investigate student criminal acts
Chapter 18. Students

Subchapter 2. Attendance
A.C.A. 6-18-209.
A.C.A. 6-18-211.
A.C.A. 6-18-220.
A.C.A. 6-18-222.
Adoption of student attendance policies -- Effect of excessive absences

Mandatory attendance for students in grades nine through twelve
Additional absences granted for participation in FFA, FHA, and 4-H programs -Equal treatment
Penalty for excessive absences -- Revocation of driving privilege
Subchapter 5. Discipline
A.C.A. 6-18-501.
A.C.A. 6-18-502
A.C.A. 6-18-503
A.C.A. 6-18-504
A.C.A. 6-18-505.
A.C.A. 6-18-506.
A.C.A. 6-18-507.
A.C.A. 6-18-510.
A.C.A. 6-18-511.
A.C.A. 6-18-512.
A.C.A. 6-18-513.
Duty of teachers, classified school employees, and volunteers

Guidelines for development of school district student discipline policies
Written student discipline policies required
Compliance with 6-18-502 and 6-18-503
School Discipline Act
School Dismissal Act
Suspension -- Expulsion
Enrollment during expulsion -- School policy
Removal by teacher
Seizure of hand-held laser pointers
Arkansas Compilation of School Discipline Laws and Regulations
Page 1
A.C.A. 6-18-514.
Antibullying policies
Subchapter 6. Sororities, Fraternities, Etc.

A.C.A. 6-18-603.
A.C.A. 6-18-605.
Unlawful organizations
Suspension or expulsion of members
Subchapter 9. Student Records

A.C.A. 6-18-901.
Maintenance of permanent student records
Subchapter 10. Public School Student Services Act

A.C.A. 6-18-1001.
A.C.A. 6-18-1002.
A.C.A. 6-18-1003.
A.C.A. 6-18-1004.
A.C.A. 6-18-1005.
A.C.A. 6-18-1006.
A.C.A. 6-18-1007.
Title
Purpose
Rules and regulations
School district plan
Student services program defined
Occupational and placement specialist
School student services status report.
Chapter 27. Educational Access for Military Children

A.C.A. 6-27-113.
Absence due to military deployment.
Subtitle 3. Special Educational Programs

Chapter 48. Alternative Learning Environments
A.C.A. 6-48-101.
A.C.A. 6-48-102.
A.C.A. 6-48-103.
A.C.A. 6-48-104.
Definitions
Alternative learning environment required -- Reporting
Assessment and intervention services
Department of Education responsibilities
Arkansas Administrative Code

005.19 Arkansas Department of Education Guidelines for the Development, Review, and
Revision of School District Student Discipline and School Safety Policies
4.00.
General guidelines and minimum requirements
Special Education Procedural Requirements and Program Standards

Time-Out Seclusion Room
20.01.
20.02.
20.03.
20.04.
General
Definition
Restrictions on the use of a time-out seclusion room
Guidelines for appropriate use of a time-out seclusion room
Page 2
General Provisions
STATUTES
6-18-501. Duty of teachers, classified school employees, and volunteers.
(a) Every teacher shall seek to exercise wholesome discipline in his or her school and endeavor by
precept and otherwise to instill and cultivate in the pupils good morals and gentle manners.
(b) Classified school employees and volunteers shall have as a minimum the responsibility to
appropriately assist and support teachers in these efforts.
6-18-502. Guidelines for development of school district student discipline policies.
(a) The Department of Education shall establish guidelines for the development of school district student
discipline policies.
(b) Such guidelines shall include, but not be limited to, the following requirements:
(1) Parents, students, and school district personnel, including teachers, shall be involved in the
development of school district student discipline policies;
(2) (A) The student discipline policies shall be reviewed annually by the school district's committee on
personnel policies.
(B) The committee may recommend changes in the policies to the board of directors of the local
school district; and
(3) Student discipline policies shall include, but not be limited to, the following offenses:
(A) Willfully and intentionally assaulting or threatening to assault or abuse any student or teacher,
principal, superintendent, or other employee of a school system;
(B) Possession by students of any firearm or other weapon prohibited upon the school campus by law
or by policies adopted by the school board of directors;
(C) Using, offering for sale, or selling beer, alcoholic beverages, or other illicit drugs by students on
school property;
(D) Possession by a student of any paging device, beeper, or similar electronic communication device
on the school campus, however:
(i) The policy may provide an exemption for possession of such a device by a student who is
required to use such a device for health or other compelling reasons; and
(ii) The policy may exempt possession of such a device after normal school hours for extracurricular
activities; and
(E) Willfully or intentionally damaging, destroying, or stealing school property by students.
(c) The school discipline policies shall:
(1) Prescribe minimum and maximum penalties, including students' suspension or dismissal from
school, for violations of each of the aforementioned offenses and for violations of other practices
prohibited by school discipline policies;
(2) (A) Prescribe expulsion from school for a period of not less than one (1) year for possession of any
firearm or other weapon prohibited upon the school campus by law.
Page 3
(B) Provided, however, that the superintendent shall have discretion to modify such expulsion
requirement for a student on a case-by-case basis;
(3) Establish procedures for notice to students and parents of charges, hearings, and other due process
proceedings to be applicable in the enforcement and administration of such policies by the school
administrator and by the school board of directors;
(4) Include prevention, intervention, and conflict resolution provisions; and
(5) Set forth the role and authority of public school employees and volunteers as provided in this
subchapter.
(d) Student discipline policies shall provide that parents and students will be advised of the rules and
regulations by which the school is governed and will be made aware of the behavior that will call for
disciplinary action and the types of corrective actions that may be imposed.
(e) Each school district shall develop a procedure for written notification to all parents and students of the
district's student discipline policies and for documentation of the receipt of the policies by all parents and
students.
(f) Teachers and administrators, classified school employees, and volunteers shall be provided with
appropriate student discipline training.
(g) If a school employee believes that any action taken by the school district to discipline a student
referred by that employee does not follow school district discipline policies, the school employee may
appeal under the district's grievance procedure as provided under 6-17-208.
(h) In developing the state guidelines for school district discipline policies, the department shall involve
parents, students, teachers, and administrators.
6-18-503. Written student discipline policies required.
(a) (1) (A) Each school district in this state shall develop written student discipline policies in compliance
with the guidelines established by the Department of Education and shall file such policies with the
department.
(B) Guidelines shall include minimum standards of quality, experimentation with innovative programs,
and a system to judge the effectiveness of the program.
(C) The discipline policy shall include provisions for:
(i) Placement of a student with disciplinary, socially dysfunctional, or behavioral problems not
associated with a handicapping condition in an alternative learning environment provided by the
district; and
(ii) Expulsion from school for a period of not less than one (1) year for possession of any firearm or
other weapon prohibited upon the school campus by law; provided, however, that the
superintendent shall have discretion to modify such expulsion requirement for a student on a caseby-case basis.
(2) Behavioral problems shall include those at risk of not satisfactorily completing a high school
education.
(b) (1) A school district that authorizes use of corporal punishment in its discipline policy shall include
provisions for administration of the punishment, including that it be administered only for cause, be
reasonable, follow warnings that the misbehavior will not be tolerated, and be administered by a
teacher or a school administrator and only in the presence of a school administrator or his or her
designee, who shall be a teacher or an administrator employed by the school district.
(2) As used in this section, "teachers and administrators" means those persons employed by a school
district and required to have a state-issued certificate as a condition of their employment.
Page 4
(c) (1) A school district shall include in its student discipline policies a provision prohibiting students from
wearing, while on the grounds of a public school during the regular school day and at school-sponsored
activities and events, clothing that exposes underwear, buttocks, or the breast of a female.
(2) Subdivision (c)(1) of this section shall not apply to a costume or uniform worn by a student while
participating in a school-sponsored activity or event.
(3) A school district shall specify in its student discipline policies the disciplinary actions that will be
taken against a student for a violation of subdivision (c)(1) of this section.
(4) Subdivision (c)(1) of this section shall not be enforced in a manner that discriminates against a
student on the basis of his or her race, color, religion, sex, disability, or national origin.
(d) Any amendments or revisions to a school district's student discipline policies shall be developed and
adopted in the same manner as the original policies required by 6-18-502 and shall be consistent with
the guidelines established by the department.
(e) Any amendment or revision to the student discipline policies adopted by a school district shall be
submitted to the department within thirty (30) days after the adoption of such amendment or revision.
6-18-505. School Discipline Act.
(a) This section may be cited as the "School Discipline Act".
(b) Every teacher is authorized to hold every pupil strictly accountable for any disorderly conduct in school
or on the playground of the school, or on any school bus going to or returning from school, or during
intermission or recess.
(c) (1) Any teacher or school administrator in a school district that authorizes use of corporal punishment
in the district's written student discipline policy may use corporal punishment, provided only that the
punishment is administered in accord with the district's written student discipline policy, against any
pupil in order to maintain discipline and order within the public schools.
(2) As used in subdivision (c)(1) of this section, "teachers and administrators" means those persons
employed by a school district and required to have a state-issued certificate as a condition of their
employment.
6-18-506. School Dismissal Act.
(a) This section may be cited as the "School Dismissal Act".
(b) Every school district board of directors shall adopt and file with the Department of Education written
policies concerning the violation of school standards such as disrespect for teachers and classified school
employees, vandalism, and other undesirable behavioral patterns.
(c) Every school district board of directors in this state shall hold its pupils strictly accountable for any
disorderly conduct in school, on the school grounds, in a school bus, or at any school function.
Scope
STATUTES
(a) This section may be cited as the "School Discipline Act".
Page 5
(b) Every teacher is authorized to hold every pupil strictly accountable for any disorderly conduct in school
or on the playground of the school, or on any school bus going to or returning from school, or during
intermission or recess.
employment.
6-18-506. School Dismissal Act.
(a) This section may be cited as the "School Dismissal Act".
(b) Every school district board of directors shall adopt and file with the Department of Education written
policies concerning the violation of school standards such as disrespect for teachers and classified school
employees, vandalism, and other undesirable behavioral patterns.
(c) Every school district board of directors in this state shall hold its pupils strictly accountable for any
disorderly conduct in school, on the school grounds, in a school bus, or at any school function.
STATUTES
students.
Page 6
STATUTES
personnel policies.
school property;
activities; and
Page 7
subchapter.
students.

STATUTES
6-18-511. Removal by teacher.
(a) Consistent with state and federal law, a teacher may remove a student from class and send him or her
to the principal's or principal's designee's office in order to maintain effective discipline in the classroom.
(b) A teacher may remove from class a student:
(1) Who has been documented by the teacher as repeatedly interfering with the teacher's ability to
teach the students in the class or with the ability of the student's classmates to learn; or
(2) Whose behavior the teacher determines is so unruly, disruptive, or abusive that it seriously interferes
with the teacher's ability to teach the students in the class or with the ability of the student's classmates
to learn.
(c) If a teacher removes a student from class in accordance with subsection (b) of this section, the
principal or his or her designee may:
(1) Place the student into another appropriate classroom, into in-school suspension, or into the district's
alternative learning environment established in accordance with 6-18-508, so long as such placement
is consistent with the school district's written student discipline policy;
(2) Return the student to the class; or
(3) Take other appropriate action consistent with the school district's discipline policy, state law, and
federal law.
(d) (1) If a teacher removes a student from class two (2) times during any nine-week grading period or its
equivalent as determined by the Department of Education, the principal or the principal's designee may
not return the student to the teacher's class unless a conference is held for the purpose of determining
the causes of the problem and possible solutions, with the following individuals present:
(A) The principal or the principal's designee;
(B) The teacher;
(C) The school counselor;
(D) The parents, guardians, or persons in loco parentis; and
Page 8
(E) The student, if appropriate.

(2) The failure of the parents, guardians, or persons in loco parentis to attend the conference provided
for in this subsection (d) shall not prevent the conference from being held nor prevent any action from
being taken as a result of that conference.
STATUTES
6-18-209. Adoption of student attendance policies -- Effect of excessive absences.
(a) The board of directors of each school district in this state shall adopt student attendance policies.
(b) Each school district, as a part of its six-year educational plan, shall develop strategies for promoting
maximum student attendance, including, but not limited to, the use of alternative classrooms and inschool suspensions in lieu of suspension from school.
(c) A student attendance policy may include excessive absences as a mandatory basis for denial of
promotion or graduation.
6-18-1001. Title.
This subchapter shall be known and may be cited as the "Public School Student Services Act".
6-18-1002. Purpose.
It is the intent of the General Assembly to articulate the functions served by each of the components of a
program of student services. It is further the intent of the General Assembly that each school district
develop and implement a plan for providing student services to all students in the public school system,
including area vocational-technical schools. Such plan shall be implemented no later than the 1991-1992
school year. It is the intent of the General Assembly that student services coordinators be given time to
fulfill their responsibilities under this subchapter.
6-18-1003. Rules and regulations.
The State Board of Education is authorized to adopt rules to carry out the intent of this legislation; such
rules shall include, but need not be limited to:
(1) A description of the student services program at all educational levels for which the school board of
directors is responsible;
(2) Criteria for the development by each school of a building-based student services plan which reflects
input from parents, teachers, principals, students, and other agencies;
(3) Identification of alternative student services personnel who do not meet traditional graduate school
requirements and who may be used by the school board of directors in providing the recommended
student services, including, but not limited to, paraprofessionals, teachers, parents, and representatives
of business and industry; and
(4) Establishment of minimum standards for all areas of student services personnel.
6-18-1004. School district plan.
(a) (1) Each school district shall develop and implement a plan that ensures that individual student
services are coordinated in a manner utilizing such techniques as differentiated staffing so as to make
maximum use of the contribution of each service.
(2) Only those trained and certified in the appropriate specialty or following a Department of Education's
deficiency removal plan will be assigned to carry out the duties of each service.
Page 9
(b) Each school district plan shall reflect the use of alternative methods of classroom management. Such
methods may include, but are not limited to, the following:
(1) Behavioral contracting;
(2) Dispute resolution;
(3) Classroom meetings;
(4) Logical consequences;
(5) Assertive discipline;
(6) Behavior modification; and
(7) Career and academic counseling.
(c) (1) Each school district plan shall provide for a district-level tracking system for school dropouts and
for students who fail to reach proficiency on state-mandated assessments.
(2) The tracking system shall include provisions for student services personnel in all schools to conduct
exit interviews of students who are dropping out of school and for follow-up of such students when
possible.
(d) The superintendent of a school district not in substantial compliance with the terms of its plan may be
requested to appear before the Senate Interim Committee on Education and the House Interim
Committee on Education.
6-18-1005. Student services program defined.
(a) "Student services program" means a coordinated effort, which shall include, but is not limited to:
(1) Guidance and counseling services, which shall include, but are not limited to:
(A) The availability of individual and group counseling to all students;
(B) Orientation programs for new students at each level of education and for transferring students;
(C) Academic advisement for class selection by establishing academic goals in elementary, middle,
and high school;
(D) Consultation with parents, faculty, and out-of-school agencies concerning student problems and
needs;
(E) Utilization of student records and files;
(F) Interpretation of augmented, criterion-referenced, or norm-referenced assessments and
dissemination of results to the school, students, parents, and community;
(G) The following up of early school dropouts and graduates;
(H) A school-initiated system of parental involvement;
(I) An organized system of informational resources on which to base educational and vocational
decision making;
(J) Educational, academic assessment, and career counseling, including advising students on the
national college assessments, workforce opportunities, and alternative programs that ould provide
successful high school completion and postsecondary opportunities for students;
(K) Coordinating administration of the Test for Adult Basic Education or the General Educational
Development pretest to students by designating appropriate personnel, other than the school
guidance counselor, to administer the tests;
(L) Classroom guidance, which shall be limited to forty-minute class sessions, not to exceed three (3)
per day or ten (10) per week; and
Page 10
(M) Guidance in understanding the relationship between classroom performance and success in
school;
(2) Psychological services, which shall include, but are not limited to, the following:
(A) Evaluation of students with learning or adjustment problems;
(B) Evaluation of students in exceptional child education programs;
(C) Consultation and counseling with parents, students, and school personnel to ensure that all
students are ready to succeed and that all students are preparing for college and work;
(D) A system for the early identification of learning potential and factors that affect the child's
educational performance;
(E) A system of liaison and referrals, with resources available outside the school; and
(F) Written policies that assure ethical procedures in psychological activities;
(3) Visiting teacher and school social work services, which shall include, but are not limited to, the
following:
(A) Providing casework to assist in the prevention and remediation of problems of attendance,
behavior, adjustment, and learning; and
(B) Serving as liaison between the home and school by making home visits and referring students
and parents to appropriate school and community agencies for assistance;
(4) Career services, which shall include, but are not limited to, the dissemination of career education
information, appropriate course-taking patterns, and the effect of taking more rigorous courses so that
students are better prepared for college and work success;
(5) Group conflict resolution services, which shall include, but are not limited to, the following:
(A) Educational and social programs that help students develop skills enabling them to resolve
differences and conflicts between groups;
(B) Programs designed to promote understanding, positive communication, and greater utilization of a
race relations specialist or human relations specialist to assist in the development of intergroup skills;
and
(C) Programs designed to prevent bullying;
(6) Health services, which shall include, but are not limited to, the following:
(A) Students with special health care needs, including the chronically ill, medically fragile, and
technology-dependent, and students with other health impairments shall have individualized health
care plans;
(B) (i) Invasive medical procedures required by students and provided at the school shall be
performed by trained, licensed personnel who are licensed to perform the task subject to 17-87102(6)(D) or other professional licensure statutes, unless permitted under 17-87-103(10) and
(11).
(ii) The regular classroom teacher shall not perform these tasks, except that public school
employees may volunteer to be trained and administer glucagon to a student with type 1 diabetes in
an emergency situation permitted under 17-87-103(11); and
(C) Custodial health care services required by students under individualized health care plans shall be
provided by trained school employees other than the regular classroom teachers; and
(7) The distribution of a suicide prevention public awareness program developed for distribution by the
Arkansas Youth Suicide Prevention Task Force.
(b) School counselors shall spend at least seventy-five percent (75%) of work time each month during the
school year providing direct counseling related to students and shall devote no more than twenty-five
Page 11
percent (25%) of work time each month during the school year to administrative activities provided that
the activities relate to the provision of guidance services.
6-18-1006. Occupational and placement specialist.
(a) The occupational and placement specialist shall serve as liaison between employers and the school.
(b) It is the responsibility of the district placement to make written board recommendations to the
superintendent for consideration by the district school board of directors concerning areas of curriculum
deficiency having an adverse effect on the employability of job candidates or progress in subsequent
education experiences.
(c) Furthermore, district administrative personnel shall report to the school board of directors concerning
adjustments in program outcomes, curricula, and delivery of instruction as they are made with the use of
placement and follow-up information.
(d) The follow-up studies conducted by occupational and placement services shall be on a statistically
valid random-sampling basis when appropriate and shall be stratified to reflect the appropriate vocational
programs of students graduating from or leaving the public school system.
6-18-1007. School student services status report.
(a) By January 1, 1994, and each year thereafter, the Department of Education shall compile and present
to the Governor, the State Board of Education, the Senate Interim Committee on Education, and the
House Interim Committee on Education a report outlining monitoring findings and the status of
implementing each of the provisions of this subchapter by the various school districts, including which
districts are in substantial compliance with the plan required under this subchapter.
(b) (1) (A) By January 1, 1998, the department shall have in place a staffing structure which assures that
the department's administration and field service staff are responsible for monitoring the department
and local school district implementation and compliance with the provisions of this subchapter.
(B) The department shall employ one (1) or more persons who shall have a minimum qualification of
certification as a school counselor.
(2) Each school district shall be responsible for submitting an annual report to the Assistant Director for
School Improvement and Instructional Support of the Department of Education outlining its compliance
with and implementation of plans for the provisions of this section.
(3) (A) The Commissioner of Education, in consultation with the appropriate assistant director, shall
designate an individual or individuals who shall have a minimum qualification of certification as a
school counselor to be responsible for coordinating the monitoring of compliance with this section.
(B) The monitoring shall include interviews with administrators, counselors, students, and teachers.
6-48-101. Definitions.
As used in this chapter:
(1) (A) (i) "Alternative learning environment" means an alternate class or school that affords all students
an environment that seeks to eliminate barriers to learning for students whose academic and social
progress are negatively affected by the student's personal characteristics or situation.
(ii) The Department of Education shall by rule more fully define the student's personal
characteristics and situations applicable under this chapter.
(B) An alternative learning environment is not a punitive environment but one that is conducive to
learning; and
(2) "Intervention services" means activities within or outside a school that will eliminate traditional
barriers to learning.
Page 12
6-48-102. Alternative learning environment required -- Reporting.

(a) (1) A school district shall provide one (1) or more alternative learning environments for all students
who meet the minimum criteria established by the Department of Education.
(2) A school district complies with this section if the school district provides an alternative learning
environment by one (1) or more of the following methods:
(A) Establishes and operates an alternative learning environment;
(B) Cooperates with one (1) or more other school districts to establish and operate an alternative
learning environment; or
(C) Uses an alternative learning environment operated by an education service cooperative
established under The Education Service Cooperative Act of 1985, 6-13-1001 et seq.
(b) Annually, a school district shall submit to the department:
(1) Information on race and gender of the students educated in the alternative learning environment;
(2) Any other information regarding students educated in alternative learning environments that the
department requires by rule; and
(3) An assurance statement that the school district is in compliance with this chapter.
6-48-103. Assessment and intervention services.
(a) An alternative learning environment shall:
(1) Assess a student either before or upon entry into the alternative learning environment; and
(2) Provide intervention services designed to address a student's specific educational needs.
(b) (1) A student assigned to an alternative learning environment for behavioral reasons shall receive
intervention services designed to address the student's behavioral needs.
(2) The intervention services shall not be punitive in nature but shall be designed for long-term
improvement of the student's ability to control his or her behavior.
6-48-104. Department of Education responsibilities.
(a) The Department of Education shall promulgate rules to implement this chapter, including without
limitation rules that establish:
(1) (A) The criteria for distributing state funding for alternative learning environment programs.
(B) The criteria shall identify the characteristics of students who may be counted for the purpose of
funding an alternative learning environment program including without limitation that a student is
educated in the alternative learning environment for a minimum of twenty (20) consecutive days.
(C) If a student is educated in the alternative learning environment for fewer than twenty (20) days,
the department may provide funding to a school district based on the actual number of days the
student is educated in the alternative learning environment if the student:
(i) Leaves the school district to transfer to another alternative learning environment; or
(ii) Is placed in a residential treatment program;
(2) (A) The criteria for teacher training for teachers in alternative learning environments, including
without limitation:
(i) In-service training in classroom management; and
(ii) Training in additional areas related to the specific needs and characteristics of students who are
educated in alternative learning environments.
(B) The department shall award professional development credit for the training under this subdivision
(a)(2); and
Page 13
(3) Measures of effectiveness for alternative learning environments that measure:

(A) For the students educated in the alternative learning environment the effect on the students':
(i) School performance;
(ii) Need for intervention; and
(iii) School attendance and dropout rate; and
(B) Any other characteristic of alternative learning environments deemed necessary by the
department.
(b) (1) As part of the department's accreditation review of a school district under 6-15-202, the
department shall evaluate each alternative learning environment to ensure that the alternative learning
environment is:
(A) Established and operated in compliance with this chapter; and
(B) Effective under the measurements established by the department under this section.
(2) The department shall identify a school district's noncompliance with this chapter on the school
district's annual report card.
(c) The department shall identify information concerning best practices for educating students in
alternative learning environments and disseminate that information to teachers and administrators
working in alternative learning environments.
(d) Annually by September 15 the department shall provide to the House Interim Committee on Education
and the Senate Interim Committee on Education a report on:
(1) The information reported to it under 6-48-102; and
(2) The effectiveness of alternative learning environments evaluated under this chapter.

STATUTES
6-17-112. Corporal punishment -- Immunity from liability.
(a) Teachers and administrators in a school district that authorizes use of corporal punishment in the
school district's written student discipline policy shall be immune from any civil liability for administering
corporal punishment to students, provided only that the corporal punishment is administered in
substantial compliance with the school district's written student discipline policy.
(b) As used in subsection (a) of this section, "teachers and administrators" means those persons
employed by a school district and required to have a state-issued license as a condition of their
employment.
(b) (1) A school district that authorizes use of corporal punishment in its discipline policy shall include
reasonable, follow warnings that the misbehavior will not be tolerated, and be administered by a
teacher or a school administrator and only in the presence of a school administrator or his or her
designee, who shall be a teacher or an administrator employed by the school district.
(2) As used in this section, teachers and administrators mans those person employed by a school
district and required to have a state-issued certificate as a condition of their employment.
Page 14

employment.
ADMINISTRATIVE CODE
4.00. General guidelines and minimum requirements.
4.11. A school district that authorizes the use of corporal punishment in its discipline policy shall include
reasonable, follow warnings that the misbehavior will not be tolerated, and be administered by a teacher
or a school administrator and only in the presence of a school administrator or his or her designee, who
shall be a teacher or an administrator employed by the school district.
4.11.1. Teachers and administrators means those persons employed by a school district and required
to have a state-issued license as a condition of their employment.
4.11.2. Any teacher or school administrator in a school district that authorizes use of corporal
punishment in the districts written student discipline policy may use corporal punishment, provided only
that the punishment is administered in accord with the districts written student discipline policy, against
any pupil in order to maintain discipline and order within the public schools.


Page 15

STATUTES
personnel policies.
school property;
activities; and
Page 16
subchapter.
students.

STATUTES
personnel policies.
school property;
activities; and
Page 17
subchapter.
students.
6-18-605. Suspension or expulsion of members.
It shall be the duty of school directors and boards of education, school inspectors, and other corporate
authority managing and controlling any of the public schools of the state to suspend or expel from the
schools under their control any pupil who shall:
(1) Be or remain a member, promise to join, become a member, or solicit other persons to join, promise
to join, or pledge to become a member of any such public school fraternity, sorority, or secret society or
organization;
(2) Wear or display any insignia of such fraternity, sorority, or secret society or organization while in and
attending public schools.

Page 18

STATUTES
personnel policies.
school property;
activities; and
subchapter.
Page 19
students.
6-18-507. Suspension -- Expulsion.
(a) As used in this section:
(1) "Course time" means the number of hours of instruction devoted to a single subject during the
school week;
(2) "Expulsion" means dismissal from school for a period of time that exceeds ten (10) days;
(3) "Nontraditional scheduling" means block or other alternative scheduling as defined by the
Department of Education; and
(4) "Suspension" means dismissal from school for a period of time that does not exceed ten (10) days.
(b) The board of directors of a school district may suspend or expel any student from school for violation
of the school district's written discipline policies.
(c) (1) The board of directors may authorize a teacher or an administrator to suspend any student for a
maximum of ten (10) school days for violation of the school district's written discipline policies, subject
to appeal to the superintendent or his or her designee; however, schools that utilize nontraditional
scheduling may not suspend students from more course time than would result from a ten-day
suspension under the last traditional schedule used by the school district.
(2) If the superintendent initiates the suspension process, the decision may be appealed to the board of
directors.
(d) (1) A superintendent may recommend the expulsion of a student for more than ten (10) days for
violation of the school district's written discipline policies, subject to appeal to the board of directors and
to requirements of the federal Individuals with Disabilities Education Act.
(2) (A) After hearing all testimony and debate on a suspension, expulsion, or appeal, the board of
directors may consider its decision in executive session without the presence of anyone other than
the board members.
(B) At the conclusion of an executive session, the board of directors shall reconvene in public session
to vote on the suspension, expulsion, or appeal.
(3) A school district board of directors meeting entertaining an appeal shall be conducted in executive
session if requested by the parent or guardian of the student provided that after hearing all testimony
and debate, the board of directors shall conclude the executive session and reconvene in public
session to vote on such appeal.
(e) (1) The superintendent of any school district shall recommend the expulsion of any student from
school for a period of not less than one (1) year for possession of any firearm or other weapon
Page 20
prohibited upon the school campus by law; provided, however, that the superintendent shall have
discretion to modify such expulsion requirement for a student on a case-by-case basis.
(2) All school districts shall adopt a written policy regarding expulsion of a student for possessing a
firearm or other prohibited weapon on school property that shall require parents, guardians, or other
persons in loco parentis of a student expelled under this subsection to sign a statement acknowledging
that the parents have read and understand current laws regarding the possibility of parental
responsibility for allowing a child to possess a weapon on school property. The statement shall be
signed by the parents, guardians, or other persons in loco parentis prior to readmitting a student or
enrolling a student in any public school immediately after the expiration of an expulsion period pursuant
to this subsection.
(3) (A) The school administrators and the local school board of directors shall complete the expulsion
process of any student that was initiated because the student possessed a firearm or other prohibited
weapon on school property regardless of the enrollment status of the student.
(B) The principal of each school shall report within a week to the department the name, current
address, and social security number of any student who is expelled for possessing a firearm or other
prohibited weapon on school property or for committing other acts of violence.
(C) The expulsion shall be noted on the student's permanent school record.
(D) Nothing in this subdivision (e)(3) shall be construed to limit a superintendent's discretion to modify
the expulsion requirement for a student on a case-by-case basis as set out in this subsection.
(4) (A) The department shall establish and maintain a registry of students who are expelled for
possessing a firearm or other prohibited weapon on school property or for committing other acts of
violence.
(B) The names, addresses, and social security numbers of all students listed in the registry shall be
available by phone, facsimile, or mail to any school principal in the state.
(f) (1) Upon suspension of a student, the school shall immediately contact the student's parent or legal
guardian to notify the parent or legal guardian of the suspension.
(2) Each parent or legal guardian shall provide the school:
(A) (i) A primary call number.
(ii) If the call number changes, the parent or legal guardian shall notify the school of the new primary
call number;
(B) An email address if the parent or guardian does not have a telephone; or
(C) A current mailing address if the parent or guardian does not have a telephone or email address.
(3) The contact required in subsection (f) of this section is sufficient if made by:
(A) Direct contact with the parent or legal guardian at the primary call number or in person;
(B) Leaving a voice mail at the primary call number;
(C) Sending a text message to the primary call number;
(D) Email if the school is unable to make contact through the primary call number; or
(E) Regular first-class mail if the school is unable to make contact through the primary call number or
email.
(4) The school shall keep a notification log of contacts attempted and made to the parent or legal
guardian.
Page 21
STATUTES
6-18-511. Removal by teacher.
(a) Consistent with state and federal law, a teacher may remove a student from class and send him or her
to the principal's or principal's designee's office in order to maintain effective discipline in the classroom.
(b) A teacher may remove from class a student:
(1) Who has been documented by the teacher as repeatedly interfering with the teacher's ability to
teach the students in the class or with the ability of the student's classmates to learn; or
(2) Whose behavior the teacher determines is so unruly, disruptive, or abusive that it seriously interferes
with the teacher's ability to teach the students in the class or with the ability of the student's classmates
to learn.
(c) If a teacher removes a student from class in accordance with subsection (b) of this section, the
principal or his or her designee may:
(1) Place the student into another appropriate classroom, into in-school suspension, or into the district's
alternative learning environment established in accordance with 6-18-508, so long as such placement
is consistent with the school district's written student discipline policy;
(2) Return the student to the class; or
(3) Take other appropriate action consistent with the school district's discipline policy, state law, and
federal law.
(d) (1) If a teacher removes a student from class two (2) times during any nine-week grading period or its
equivalent as determined by the Department of Education, the principal or the principal's designee may
not return the student to the teacher's class unless a conference is held for the purpose of determining
the causes of the problem and possible solutions, with the following individuals present:
(A) The principal or the principal's designee;
(B) The teacher;
(C) The school counselor;
(D) The parents, guardians, or persons in loco parentis; and
(E) The student, if appropriate.
(2) The failure of the parents, guardians, or persons in loco parentis to attend the conference provided
for in this subsection (d) shall not prevent the conference from being held nor prevent any action from
being taken as a result of that conference.
Page 22

STATUTES
6-18-510. Enrollment during expulsion -- School policy.
The board of directors of any school district may adopt a policy that, after a hearing before the board of
directors, any person who has been expelled as a student from any other school district may not enroll as
a student until the time of the person's expulsion has expired.

ADMINISTRATIVE CODE
20.01. General.
1. The time-out seclusion room is an extension of such techniques as turning a chair away from a group
or placing a student in a corner or in the hallway.
2. Time-out is only effective if the classroom environment from which the student is removed is more
reinforcing than the isolation area in which he is placed.
20.02. Definition.
1. Time-out As used in these regulations, time-out is defined as the removal of the opportunity to engage
in reinforced behavior.
20.03. Restrictions on the use of a time-out seclusion room.
1. Time-out seclusion should be used only for behaviors that are destructive to property, aggressive
toward others or severely disruptive to the class environment. General noncompliance, selfstimulation,
academic refusal, etc., can be responded to with less stringent and restrictive techniques.
2. The time-out seclusion room should be used only as a last resort if and when less restrictive means of
controlling behavior have proven ineffective.
3. The necessity of using physical force to place a student in a timeout seclusion room is inappropriate
beyond that reasonably managed by the classroom teacher.
3.1 Involuntary time-out must not be used with such students and, in general, time-out is not an
appropriate intervention for classroom use with any students older than 12 unless they have made a
contractual agreement for its use.
3.2 It is important that teachers realistically evaluate their ability to physically remove a student to the
time-out room.
3.3 If there is a reasonable doubt concerning the capability of the teacher to physically remove the
resistant student, the teacher should not begin to attempt the time-out procedure. In such a case, an
alternative strategy should be implemented.
4. Time-out seclusion rooms must meet structural guidelines and provide for continuous monitoring,
visually and auditorily, of the students behavior by an adult. (Refer to 20.04.9 of this part for structural
guidelines.)
20.04. Guidelines for appropriate use of a time-out seclusion room.
1. The teacher or behavioral specialist should have documentation that milder forms of time-out or other
reduction techniques have proven ineffective in suppressing the inappropriate behavior.
Page 23
2. The use of seclusion time-out and the behaviors which will result in its use must be explicitly stated in
the students IEP. Parent consent for the use of a time-out seclusion procedure should be documented.
3. Time-out must be paired with a behavioral plan to provide positive reinforcement for appropriate
behaviors. This must also be included in the students IEP.
4. Written procedures must be developed and followed for each student whose IEP includes the use of
time-out.
5. The following guidelines should be adhered to for effective use of the timeout seclusion room.
5.1. Avoid lengthy verbal explanations. Behaviors resulting in time-out should be clearly explained prior
to implementing the time-out program. Explanations provided during use of time-out should be brief, but
should adequately inform the student of his/her misbehavior, such as, Because you _____________,
you must go to time-out for ________minutes. All other verbal interaction should be avoided.
5.2. To maximize opportunities to exercise self-control, students should be given the opportunity to take
their own time-out after receiving instructions from the teacher. However, if students refuse to take their
own time-out, or if they fail to respond to the teachers instructions within a reasonable time interval (5
to 10 seconds), the teacher should physically remove them to the time-out area. (Refer to 20.03.3 of
these regulations regarding physically removing the child to the time-out area.)
5.3. For high intensity behavior (e.g., kicking, screaming), the student should immediately be escorted
to the time-out room.
6. Time Spent In Time-Out Seclusion Room
6.1. Length of time spent in the time-out seclusion room must be documented and kept within the
specified time limits A. Preschool - no more than 5 minutes for each exclusion.
B. Lower elementary - no more than 15 minutes for each exclusion.
C. Middle/upper elementary - no more than 20 minutes for each exclusion.
6.2. At the end of the prescribed time, the student should be offered the opportunity to rejoin the class.
If the student chooses to stay in time-out, the door must be left open at this time. When a student
consistently chooses to stay in the time-out seclusion room beyond the prescribed time limit, the use of
this procedure must be reviewed. The time-out room may be providing more reinforcement than the
environment from which the student was removed.
6.3. Should there be a need for a time-out period to extend past the prescribed time limits, the
appropriateness of continuing the time-out procedure should be evaluated immediately by
knowledgeable professionals (i.e., principal, counselor, special education staff).
6.4. Careful consideration must be taken in extending the prescribed length of the time-out seclusion.
The effectiveness of the time-out procedure is the result of its consistent use, rather than the length of
stay in the timeout seclusion room.
7. Records Must Be Kept Of Each Occasion When Time-Out Seclusion Is Used. The Records Should
Include 7.1. The students name;
7.2. The behavior for which time-out is being used, as specified in the IEP; and
7.3. The time of day the student was placed in and released from time-out.
8. When the use of time-out seclusion is included in a students IEP, it is recommended that the use of
time-out to address specific student behaviors be reviewed by a knowledgeable professional(s) twice
monthly.
Page 24
8.1. The use of the time-out seclusion procedure shall be altered or discontinued as a behavioral
management technique if data do not support its effectiveness.
8.2. The continued and/or frequent need for this type of behavioral intervention could indicate that
behavioral objectives, management techniques or other factors affecting the learning environment are
not appropriately matched with the students needs and behaviors.
9. If A Time-Out Room Is To Be Employed, The Time-Out Room Should 9.1. Be at least 4' X 4' and no larger than 6' X 6' in size;
9.2. Be properly lighted (preferably recessed lighting, with switches outside the room). Lighting should
remain on at all times;
9.3. Be properly ventilated;
9.4. Be free of objects and fixtures;
9.5. Provide the means by which an adult can continuously monitor, visually and auditorily, the students
behavior;
9.6. The door should be such that it cannot be locked; and
9.7. Meet state and county fire and safety codes.
10. In addition, it is necessary that all personnel involved in designing and implementing behavioral
management procedures, including the use of timeout seclusion, be adequately trained and supervised. It
is imperative that these persons have attained levels of skill and competency so that their qualifications
correspond to their responsibilities.
STATUTES
learning; and
Page 25

without limitation:
(a)(2); and
department.
Page 26
environment is:
Page 27

Conditions
STATUTES
5-73-119. Handguns -- Possession by minor or possession on school property.
(a) (1) No person in this state under eighteen (18) years of age shall possess a handgun.
(2) (A) A violation of subdivision (a)(1) of this section is a Class A misdemeanor.
(B) A violation of subdivision (a)(1) of this section is a Class D felony if the person has previously:
(i) Been adjudicated delinquent for a violation of subdivision (a)(1) of this section;
(ii) Been adjudicated delinquent for any offense that would be a felony if committed by an adult; or
(iii) Pleaded guilty or nolo contendere to or been found guilty of a felony in circuit court while under
eighteen (18) years of age.
(b) (1) No person in this state shall possess a firearm:
(A) Upon the developed property of a public or private school, K-12;
(B) In or upon any school bus; or
(C) At a designated bus stop as identified on the route list published by a school district each year.
(2) (A) A violation of subdivision (b)(1) of this section is a Class D felony.
(B) No sentence imposed for a violation of subdivision (b)(1) of this section shall be suspended or
probated or treated as a first offense under 16-93-301 et seq.
(c) (1) No person in this state shall possess a handgun upon the property of any private institution of
higher education or a publicly supported institution of higher education in this state on or about his or
her person, in a vehicle occupied by him or her, or otherwise readily available for use with a purpose to
employ the handgun as a weapon against a person.
(2) A violation of subdivision (c)(1) of this section is a Class D felony.
(d) "Handgun" means a firearm capable of firing rimfire ammunition or centerfire ammunition and
designed or constructed to be fired with one (1) hand.
(e) It is a defense to prosecution under this section that at the time of the act of possessing a handgun or
firearm:
(1) The person is in his or her own dwelling or place of business or on property in which he or she has a
possessory or proprietary interest, except upon the property of a public or private institution of higher
learning;
(2) The person is a law enforcement officer, correctional officer, or member of the armed forces acting
in the course and scope of his or her official duties;
(3) The person is assisting a law enforcement officer, correctional officer, or member of the armed
forces acting in the course and scope of his or her official duties pursuant to the direction or request of
the law enforcement officer, correctional officer, or member of the armed forces;
(4) The person is a licensed security guard acting in the course and scope of his or her duties;
Page 28
(5) The person is hunting game with a handgun or firearm that may be hunted with a handgun or
firearm under the rules and regulations of the Arkansas State Game and Fish Commission or is en
route to or from a hunting area for the purpose of hunting game with a handgun or firearm;
(6) The person is a certified law enforcement officer;
(7) The person is on a journey, unless the person is eighteen (18) years of age or less;
(8) The person is participating in a certified hunting safety course sponsored by the commission or a
firearm safety course recognized and approved by the commission or by a state or national nonprofit
organization qualified and experienced in firearm safety;
(9) The person is participating in a school-approved educational course or sporting activity involving the
use of firearms; or
(10) The person is a minor engaged in lawful marksmanship competition or practice or other lawful
recreational shooting under the supervision of his or her parent, legal guardian, or other person twentyone (21) years of age or older standing in loco parentis or is traveling to or from this activity with an
unloaded handgun or firearm accompanied by his or her parent, legal guardian, or other person twentyone (21) years of age or older standing in loco parentis.
6-18-507. Suspension -- Expulsion.
(3) (A) The school administrators and the local school board of directors shall complete the expulsion
process of any student that was initiated because the student possessed a firearm or other prohibited
weapon on school property regardless of the enrollment status of the student.
(B) The principal of each school shall report within a week to the department the name, current address,
and social security number of any student who is expelled for possessing a firearm or other prohibited
weapon on school property or for committing other acts of violence.
Other weapons
STATUTES

STATUTES
6-18-1001. Title.
Page 29
6-18-1002. Purpose.
possible.
Page 30

and high school;
needs;
decision making;
national college assessments, workforce opportunities, and alternative programs that could provide
school;
following:
Page 31
and
care plans;
(11).
Page 32

designate an individual or individuals who shall have a minimum qualification of certification as a
school counselor to be responsible for coordinating the monitoring of compliance with this section.
(B) The monitoring shall include interviews with administrators, counselors, students, and teachers.
(ii) The Department of Education shall by rule more fully define the student's personal characteristics
and situations applicable under this chapter.
learning; and
(2) "Intervention services" means activities within or outside a school that will eliminate traditional barriers
to learning.
Page 33
without limitation:
(a)(2); and
department.
environment is:
Page 34

STATUTES
6-18-211. Mandatory attendance for students in grades nine through twelve.
(a) Beginning with the 2004-2005 school year, students in grades nine through twelve (9-12) shall be
required to schedule and attend a full school day.
(b) (1) No later than January 30, 2004, the State Board of Education shall promulgate regulations that
require students in grades nine through twelve (9-12) to enroll in no less than three hundred fifty (350)
minutes of planned instructional time each day as a requirement for graduation.
(2) (A) The regulations shall allow local school boards of directors to develop policies to allow:
(i) Students to be assigned to no more than one (1) class period each day for a study hall period that
the student shall be required to attend and participate in for a full class period of self-study or
organized tutoring in the school building; and
(ii) (a) No more than one (1) class period each day for organized and scheduled student
extracurricular classes to be included as planned instructional time.
(b) If the extracurricular class is related to a seasonal activity, the class must continue to meet after
the season ends to be counted toward the requirement of planned instructional time.
(B) The regulations shall allow local school boards of directors to develop policies for granting waivers
to students who would experience proven financial hardships if required to attend a full school day.
(c) Enrollment and attendance in vocational-educational training courses, college courses, school work
programs, and other Department of Education-sanctioned educational programs may be used to satisfy
the requirements of this section even if the programs are not located at the public schools.
(d) Nothing in this section and 6-18-210:
(1) Precludes a student who has met all graduation requirements from graduating early; or
(2) Requires a student who has graduated early from high school to continue to attend school.
Page 35
6-18-220. Additional absences granted for participation in FFA, FHA, and 4-H programs -- Equal
treatment.
(a) The General Assembly finds and declares that:
(1) The FFA, FHA, and 4-H programs in the state involve an education and learning process that is not
otherwise available in the regular curriculum of secondary education in Arkansas;
(2) The principles and practices learned by school students in the FFA, FHA, and 4-H programs are
highly beneficial to students;
(3) Participation in such programs should be encouraged; and
(4) One method of encouraging participation in such programs is to grant additional absences to
students who participate in officially sanctioned activities of those organizations.
(b) Therefore, it is the purpose and intent of this section to assure that class absences of students who
are participating in sanctioned FFA, FHA, and 4-H activities are excused to such extent as may be
determined by the boards of directors of the respective districts, with the participants in the three (3)
programs being treated equally with respect to such absences.
(c) Any school district that grants additional absences of FFA member students who attend officially
sanctioned FFA activities shall afford equal treatment to FHA and 4-H member students who attend the
same or similar officially sanctioned activities.
6-18-222. Penalty for excessive absences -- Revocation of driving privilege.
(a) (1) (A) (i) The board of directors of each school district in this state shall adopt a student attendance
policy, as provided for in 6-18-209, which shall include a certain number of excessive absences
that may be used as a basis for denial of course credit, promotion, or graduation.
(ii) However, excessive absences shall not be a basis for expulsion or dismissal of a student.
(B) The legislative intent is that a student having excessive absences because of illness, accident, or
other unavoidable reasons should be given assistance in obtaining credit for the courses.
(2) The State Board of Career Education shall adopt a student attendance policy for sixteen-year-olds
and seventeen-year-olds enrolled in an adult education program. The policy shall require a minimum
attendance of ten (10) hours per week to remain in the program.
(3) A copy of the school district's student attendance policy or the State Board of Career Education's
student attendance policy for sixteen-year-olds and seventeen-year-olds enrolled in adult education
shall be provided to the parent, guardian, or person in loco parentis of each student enrolled in an adult
education program at the beginning of the school year or upon enrollment, whichever event first occurs.
(4) (A) (i) A student's parent, guardian, or person in loco parentis and the community truancy board, if
the community truancy board has been created, shall be notified when the student has
accumulated excessive absences equal to one-half (1/2) the total number of absences permitted
per semester under the school district's or the State Board of Career Education's student
attendance policy.
(ii) Notice shall be by telephonic contact with the student's parent, guardian, or person in loco
parentis by the end of the school day in which the absence occurred or by regular mail with a return
address on the envelope sent no later than the following school day.
(iii) Notice to the community truancy board, if the community truancy board has been created, shall
be by letter to the chair of the community truancy board.
(B) If a community truancy board has been created, the community truancy board shall schedule a
conference with the parent, guardian, or person in loco parentis to establish a plan to take steps to
eliminate or reduce the student's absences.
Page 36
(C) If the community truancy board has scheduled a conference and the student's parent, guardian, or
person in loco parentis does not attend the conference, the conference may be conducted with the
student and a school official. However, the parent, guardian, or person in loco parentis shall be
notified of the steps to be taken to eliminate or reduce the student's absences.
(D) (i) Before a student accumulates the maximum number of absences allowed in a school district's
student attendance policy, the student or the student's parent, guardian, or person in loco parentis
may petition the school administration or school district administration for special arrangements to
address the student's absences.
(ii) If special arrangements are granted by the school administration or the school district
administration, the arrangements will be formalized into a written agreement to include the
conditions of the agreement and the consequences for failing to fulfill the requirements of the
agreement.
(iii) The agreement shall be signed by the:
(a) Designee of the school administration or of the school district administration;
(b) Student's parent, guardian, or person in loco parentis; and
(c) Student.
(5) (A) When a student exceeds the number of excessive absences provided for in the district's or the
State Board of Career Education's student attendance policy, or when a student has violated the
conditions of an agreement granting special arrangements under subdivision (a)(4)(D) of this section,
the school district or the adult education program shall notify the prosecuting authority and the
community truancy board, if a community truancy board has been created, and the student's parent,
guardian, or person in loco parentis shall be subject to a civil penalty through a family in need of
services action in circuit court, as authorized under subdivision (a)(6)(A) of this section, but not to
exceed five hundred dollars ($500) plus costs of court and any reasonable fees assessed by the
court.
(B) The penalty shall be forwarded by the court to the school or the adult education program attended
by the student.
(6) (A) (i) Upon notification by the school district or the adult education program to the prosecuting
authority, the prosecuting authority shall file in circuit court a family in need of services petition
pursuant to 9-27-310 or enter into a diversion agreement with the student pursuant to 9-27-323.
(ii) For any action filed in circuit court to impose the civil penalty set forth in subdivision (a)(5) of this
section, the prosecuting authority shall be exempt from all filing fees and shall take whatever action
is necessary to collect the penalty provided for in subdivision (a)(5) of this section.
(B) Municipal attorneys may practice in circuit court for the limited purpose of filing petitions or
entering into diversion agreements as authorized by this subdivision (a)(6)(B) if agreed upon by all of
the parties pursuant to subdivision (a)(6)(A) of this section.
(7) (A) The purpose of the penalty set forth in this subsection is to impress upon the parents, guardians,
or persons in loco parentis the importance of school or adult education attendance, and the penalty is
not to be used primarily as a source of revenue.
(B) (i) When assessing penalties, the court shall be aware of any available programs designed to
improve the parent-child relationship or parenting skills.
(ii) When practicable and appropriate, the court may utilize mandatory attendance at the programs
as well as community service requirements in lieu of monetary penalties.
(8) As used in this section, "prosecuting authority" means:
Page 37
(A) The elected district prosecuting attorney or his or her appointed deputy for schools located in
unincorporated areas of the county or within cities not having a police or district court; and
(B) The prosecuting attorney of the city for schools located within the city limits of cities having either
a police court or a district court in which a city prosecutor represents the city for violations of city
ordinances or traffic violations.
(9) In any instance in which it is found that the school district, the adult education program, or the
prosecuting authority is not complying with the provisions of this section, the State Board of Education
may petition the circuit court to issue a writ of mandamus.
(b) (1) (A) Each public, private, or parochial school shall notify the Department of Finance and
Administration whenever a student fourteen (14) years of age or older is no longer in school.
(B) Each adult education program shall notify the department whenever a student sixteen (16) or
seventeen (17) years of age has left the program without receiving a high school equivalency
certificate.
(2) (A) Upon receipt of notification, the department shall notify the licensee by certified mail, return
receipt requested, that his or her motor vehicle operator's license will be suspended unless a hearing
is requested in writing within thirty (30) days from the date of notice.
(B) The licensee shall be entitled to retain or regain his or her license by providing the department
with adequate evidence that:
(i) The licensee is eighteen (18) years of age;
(ii) The licensee is attending school or an adult education program; or
(iii) The licensee has obtained a high school diploma or its equivalent.
(C) (i) In cases in which demonstrable financial hardship would result from the suspension of the
learner's permit or driver's license, the department may grant exceptions only to the extent
necessary to ameliorate the hardship.
(ii) If it can be demonstrated that the conditions for granting a hardship were fraudulent, the parent,
guardian, or person in loco parentis shall be subject to all applicable perjury statutes.
(3) The department shall have the power to promulgate rules and regulations to carry out the intent of
this section and shall distribute to each public, private, and parochial school and each adult education
program a copy of all rules and regulations adopted under this section.
6-27-113. Absence due to military deployment.
A student shall be granted additional absences at the discretion of the local educational agency
superintendent to visit with his or her parent or legal guardian if the parent or legal guardian is a member
of the uniformed services and has:
(1) Been called to active duty or is on leave from active duty; or
(2) Returned from deployment to a combat zone or combat support posting.
Substance use
STATUTES
Page 38
personnel policies.
school property;
activities; and
subchapter.
students.
Page 39

STATUTES
5-71-217. Cyberbullying.
(1) "Communication" means the electronic communication of information of a person's choosing
between or among points specified by the person without change in the form or content of the
information as sent and received; and
(2) "Electronic means" means any textual, visual, written, or oral communication of any kind made
through the use of a computer online service, Internet service, telephone, or any other means of
electronic communication, including without limitation to a local bulletin board service, an Internet chat
room, electronic mail, a social networking site, or an online messaging service.
(b) A person commits the offense of cyberbullying if:
(1) He or she transmits, sends, or posts a communication by electonic means with the purpose to
frighten, coerce, intimidate, threaten, abuse, harass, or alarm another person; and
(2) The transmission was in furtherance of severe, repeated, or hostile behavior toward the other
person.
(c) The offense of cyberbullying may be prosecuted in the county where the defendant was located when
he or she transmitted, sent, or posted a communication by electronic means, in the county where the
communication by electronic means was received by the person, or in the county where the person
targeted by the electronic communications resides.
(d) Cyberbullying is a Class B misdemeanor.
6-18-514. Antibullying policies.
(a) The General Assembly finds that every public school student in this state has the right to receive his
or her public education in a public school educational environment that is reasonably free from substantial
intimidation, harassment, or harm or threat of harm by another student.
(b) As used in this section:
(1) "Attribute" means an actual or perceived personal characteristic including without limitation race,
color, religion, ancestry, national origin, socioeconomic status, academic status, disability, gender,
gender identity, physical appearance, health condition, or sexual orientation;
(2) "Bullying" means the intentional harassment, intimidation, humiliation, ridicule, defamation, or threat
or incitement of violence by a student against another student or public school employee by a written,
verbal, electronic, or physical act that may address an attribute of the other student, public school
employee, or person with whom the other student or public school employee is associated and that
causes or creates actual or reasonably foreseeable:
(A) Physical harm to a public school employee or student or damage to the public school employee's
or student's property;
Page 40
(B) Substantial interference with a student's education or with a public school employee's role in
education;
(C) A hostile educational environment for one (1) or more students or public school employees due to
the severity, persistence, or pervasiveness of the act; or
(D) Substantial disruption of the orderly operation of the school or educational environment;
(3) "Electronic act" means without limitation a communication or image transmitted by means of an
electronic device, including without limitation a telephone, wireless phone or other wireless
communications device, computer, or pager;
(4) "Harassment" means a pattern of unwelcome verbal or physical conduct relating to another person's
constitutionally or statutorily protected status that causes, or reasonably should be expected to cause,
substantial interference with the other's performance in the school environment; and
(5) "Substantial disruption" means without limitation that any one (1) or more of the following occur as a
result of the bullying:
(A) Necessary cessation of instruction or educational activities;
(B) Inability of students or educational staff to focus on learning or function as an educational unit
because of a hostile environment;
(C) Severe or repetitive disciplinary measures are needed in the classroom or during educational
activities; or
(D) Exhibition of other behaviors by students or educational staff that substantially interfere with the
learning environment.
(c) Bullying of a public school student or a public school employee is prohibited.
(d) A school principal or his or her designee who receives a credible report or complaint of bullying shall
promptly investigate the complaint or report and make a record of the investigation and any action taken
as a result of the investigation.
(e) (1) The board of directors of every school district shall adopt policies to prevent bullying.
(2) The policies shall:
(A) (i) Clearly define conduct that constitutes bullying.
(ii) The definition shall include without limitation the definition contained in subsection (b) of this
section;
(B) Prohibit bullying:
(i) While in school, on school equipment or property, in school vehicles, on school buses, at
designated school bus stops, at school-sponsored activities, at school-sanctioned events; or
(ii) (a) By an electronic act that results in the substantial disruption of the orderly operation of the
school or educational environment.
(b) This section shall apply to an electronic act whether or not the electronic act originated on
school property or with school equipment, if the electronic act is directed specifically at students
or school personnel and maliciously intended for the purpose of disrupting school and has a high
likelihood of succeeding in that purpose;
(C) State the consequences for engaging in the prohibited conduct, which may vary depending on the
age or grade of the student involved;
(D) Require that a school employee who has witnessed or has reliable information that a pupil has
been a victim of bullying as defined by the district shall report the incident to the principal;
(E) Require that the person or persons who file a complaint will not be subject to retaliation or reprisal
in any form;
Page 41
(F) Require that notice of what constitutes bullying, that bullying is prohibited, and that the
consequences of engaging in bullying be conspicuously posted in every classroom, cafeteria,
restroom, gymnasium, auditorium, and school bus in the district; and
(G) Require that copies of the notice of what constitutes bullying, that bullying is prohibited, and that
the consequences of engaging in bullying be provided to parents, students, school volunteers, and
employees. Each policy shall require that a full copy of the policy be made available upon request.
(f) A school district shall provide training on compliance with the antibullying policies to all public school
district employees responsible for reporting or investigating bullying under this section.
(g) A school employee who has reported violations under the school district's policy shall be immune from
any tort liability that may arise from the failure to remedy the reported incident.
(h) The board of directors of a school district may provide opportunities for school employees to
participate in programs or other activities designed to develop the knowledge and skills to prevent and
respond to acts covered by this policy.
(i) (1) The school district shall file with the Department of Education a copy of the policies adopted in
compliance with this section.
(2) The State Board of Education shall review the policies provided by the school districts and may
recommend changes or improvements to the districts if the state board determines that the policies
need improvement.
(j) This section is not intended to:
(1) Restrict a public school district from adopting and implementing policies against bullying or school
violence or policies to promote civility and student dignity that are more inclusive than the antibullying
policies required under this section; or
(2) Unconstitutionally restrict protected rights of freedom of speech, freedom of religious exercise, or
freedom of assembly.
(a) Student services program means a coordinated effort, which shall include, but is not limited to:

STATUTES
personnel policies.
Page 42
school property;
activities; and
subchapter.
students.
Page 43
6-18-603. Unlawful organizations.

Any public school fraternity, sorority, or secret society or organization as defined in this subchapter is
declared to be inimical to public free schools and therefore unlawful.
Page 44

Prevention
STATUTES
(4) Include prevention, intervention, and conflict resolution provisions;

STATUTES
6-18-1001. Title.
6-18-1002. Purpose.
Page 45

possible.
and high school;
needs;
decision making;
national college assessments, workforce opportunities, and alternative programs that could provide
Page 46
school;
following:
and
care plans;
(11).
Page 47
designate an individual or individuals who shall have a minimum qualification of certification as a school
counselor to be responsible for coordinating the monitoring of compliance with this section.
Page 48
learning; and
Page 49
without limitation:
(a)(2); and
department.
environment is:
STATUTES
Page 50

STATUTES
6-17-113. Duty to report and investigate student criminal acts.
(1) "Act of violence" means any violation of Arkansas law where a person purposely or knowingly
causes or threatens to cause death or serious physical injury to another person;
(2) "Deadly weapon" means:
(A) A firearm or anything manifestly designed, made, or adapted for the purpose of inflicting death or
serious physical injury; or
(B) Anything that in the manner of its use or intended use is capable of causing death or serious
physical injury; and
(3) "Firearm" means any device designed, made, or adapted to expel a projectile by the action of an
explosive or any device readily convertible to that use, including such a device that is not loaded or
lacks a clip or other component to render it immediately operable, and components that can readily be
assembled into such a device.
(b) Whenever the principal or other person in charge of a public school has personal knowledge or has
received information leading to a reasonable belief that any person has committed or has threatened to
commit an act of violence or any crime involving a deadly weapon on school property or while under
school supervision, the principal or the person in charge shall immediately report the incident or threat to
the superintendent of the school district and the appropriate local law enforcement agency. The report
shall be by telephone or in person immediately after the incident or threat and shall be followed by a
written report within three (3) business days. The principal shall notify any school employee or other
person who initially reported the incident that a report has been made to the appropriate law enforcement
agency. The superintendent or his designee shall notify the local school board of directors of any report
made to law enforcement under this section.
(c) (1) Whenever a law enforcement officer receives a report of an incident pursuant to subsection (b) of
this section, that officer shall immediately report the incident to the office of the prosecuting attorney
and shall immediately initiate an investigation of the incident.
(2) The investigation shall be conducted with all reasonable haste and, upon completion, shall be
referred to the prosecuting attorney.
(3) The prosecuting attorney shall implement the appropriate course of action and within thirty (30)
calendar days after receipt of the file, the prosecuting attorney shall provide a written report to the
principal. The report shall state:
(A) Whether the investigation into the reported incident is ongoing;
(B) Whether any charges have been filed in either circuit court or the juvenile division of circuit court
as a result of the reported incident; and
(C) The disposition of the case.
(4) Upon receipt of the report from the prosecuting attorney, the principal shall notify any school
employee or any other person who initially reported the incident that a report has been received from
the prosecuting attorney.
Page 51
(d) Excluding the reporting requirement set out in subdivision (c)(3) of this section, any person who
purposely fails to report as required by this section shall be guilty of a Class C misdemeanor.
(e) The State Board of Education shall promulgate rules and regulations to ensure uniform compliance
with the requirements of this section and shall consult with the office of the Attorney General concerning
the development of these rules and regulations.
STATUTES
6-18-513. Parental notification.
(a) A school or school district shall comply with subsection (b) of this section if the school or school district
with respect to a student under the age of eighteen (18):
(1) Makes a report to any law enforcement agency concerning student misconduct;
(2) Grants law enforcement personnel other than a school resource officer acting in the normal course
and scope of his or her assigned duties access to a student; or
(3) Knows that a student has been taken into custody by law enforcement personnel during the school
day or while under school supervision.
(b) (1) The principal or, in the principal's absence, the principal's designee shall make a reasonable, good
faith effort to notify the student's parent, legal guardian, or other person having lawful control of the
student by court order or person acting in loco parentis listed on student enrollment forms of the
occurrence of any of the events in subsection (a) of this section.
(2) The principal or the principal's designee shall notify the student's parent, legal guardian, or other
person having lawful control of the student under an order of court or person acting in loco parentis that
the student has been reported to, interviewed by, or taken into custody by law enforcement personnel.
(3) If the principal or the principal's designee is unable to reach the parent, he or she shall make a
reasonable, good faith effort to get a message to the parent to call either the principal or the principal's
designee and leave both a day and an after-hours telephone number.
(c) Notification required by subsection (b) of this section is not required if school personnel make a report
or file a complaint based on suspected child maltreatment as required under 12-18-401 et seq. or if a
law enforcement officer, investigator of the Crimes Against Children Division of the Department of
Arkansas State Police, or Department of Human Services investigator or personnel member interviews a
student during the course of an investigation of suspected child maltreatment.
(d) (1) The principal or the principal's designee shall not provide notification under subsection (b) of this
section if a request is made to interview a student during the course of an investigation of suspected
child maltreatment and a parent, guardian, custodian, or person standing in loco parentis is named as
an alleged offender.
Page 52
(2) The investigator shall provide the school with documentation that notification to the parent, guardian,
custodian, or person standing in loco parentis is prohibited.
(e) Subsection (d) of this section shall only apply to interview requests made by:
(1) A law enforcement officer;
(2) An investigator of the Crimes Against Children Division of the Department of Arkansas State Police;
or
(3) An investigator or employee of the Department of Human Services.

STATUTES
6-17-113. Duty to report and investigate student criminal acts.
(1) "Act of violence" means any violation of Arkansas law where a person purposely or knowingly
causes or threatens to cause death or serious physical injury to another person;
(2) "Deadly weapon" means:
(A) A firearm or anything manifestly designed, made, or adapted for the purpose of inflicting death or
serious physical injury; or
(B) Anything that in the manner of its use or intended use is capable of causing death or serious
physical injury; and
(3) "Firearm" means any device designed, made, or adapted to expel a projectile by the action of an
explosive or any device readily convertible to that use, including such a device that is not loaded or
lacks a clip or other component to render it immediately operable, and components that can readily be
assembled into such a device.
(b) Whenever the principal or other person in charge of a public school has personal knowledge or has
received information leading to a reasonable belief that any person has committed or has threatened to
commit an act of violence or any crime involving a deadly weapon on school property or while under
school supervision, the principal or the person in charge shall immediately report the incident or threat to
the superintendent of the school district and the appropriate local law enforcement agency. The report
shall be by telephone or in person immediately after the incident or threat and shall be followed by a
written report within three (3) business days. The principal shall notify any school employee or other
person who initially reported the incident that a report has been made to the appropriate law enforcement
agency. The superintendent or his designee shall notify the local school board of directors of any report
made to law enforcement under this section.
(c) (1) Whenever a law enforcement officer receives a report of an incident pursuant to subsection (b) of
this section, that officer shall immediately report the incident to the office of the prosecuting attorney
and shall immediately initiate an investigation of the incident.
(2) The investigation shall be conducted with all reasonable haste and, upon completion, shall be
referred to the prosecuting attorney.
(3) The prosecuting attorney shall implement the appropriate course of action and within thirty (30)
calendar days after receipt of the file, the prosecuting attorney shall provide a written report to the
principal. The report shall state:
(A) Whether the investigation into the reported incident is ongoing;
Page 53
(B) Whether any charges have been filed in either circuit court or the juvenile division of circuit court
as a result of the reported incident; and
(C) The disposition of the case.
(4) Upon receipt of the report from the prosecuting attorney, the principal shall notify any school
employee or any other person who initially reported the incident that a report has been received from
the prosecuting attorney.
(d) Excluding the reporting requirement set out in subdivision (c)(3) of this section, any person who
purposely fails to report as required by this section shall be guilty of a Class C misdemeanor.
(e) The State Board of Education shall promulgate rules and regulations to ensure uniform compliance
with the requirements of this section and shall consult with the office of the Attorney General concerning
the development of these rules and regulations.

STATUTES
6-18-901. Maintenance of permanent student records.
(a) The Department of Education, at the direction of the State Board of Education and in cooperation with
any other appropriate state agencies, shall develop and publish an itemized listing of all information to be
maintained in a student's permanent record during enrollment in a school district in this state.
(b) The permanent student record shall include all information concerning educational programming
provided a student who fails to achieve mastery level performance on all administrations of the basic
competency tests required under the Arkansas Comprehensive Testing, Assessment, and Accountability
Program Act, 6-15-401 et seq.
(c) Each school district shall maintain a permanent student record for each student.
(d) (1) (A) A copy of the permanent student record shall be provided to the receiving school district upon
the transfer of a student to another district.
(B) The school district shall provide the copy of the student's permanent student record to the
receiving school district within ten (10) school days after the date a request from the receiving school
district is received.
(C) The school district shall not fail or refuse to provide a copy of the student's permanent student
record to the receiving school district because the student owes money to the school district for
school-related charges, including without limitation charges for:
(i) Food services;
(ii) Unreturned library books; or
(iii) Fees.
(2) Upon request by the Division of Youth Services of the Department of Human Services, a copy of the
education record, as defined by regulations promulgated by the Department of Education, shall be
transmitted to the division within ten (10) school days.
(e) The permanent student record shall be maintained by each school district until the student receives a
high school diploma or its equivalent or is beyond the age for compulsory attendance under 6-18-201.
(f) Nothing in this section shall be construed to prevent the maintenance of a permanent student record
by electronic database provided that a copy of the record can be produced for transmittal to another
district upon the transfer of the student.
Page 54

STATUTES
(a) (1) (A) Each school district in this state shall develop written student discipline policies in compliance
with the guidelines established by the Department of Education and shall file such policies with the
department.
(e) Any amendment or revision to the student discipline policies adopted by a school district shall be
submitted to the department within thirty (30) days after the adoption of such amendment or revision.
6-18-504. Compliance with 6-18-502 and 6-18-503.
(a) The Department of Education shall monitor compliance with the requirements of 6-18-502 and 618-503, and the State Board of Education shall adopt rules and regulations for the administration of the
requirements thereof.
(b) Any school district failing to file the disciplinary policy required by 6-18-503 with the department shall
have all state aid funds withheld until such disciplinary policy is filed with the department.
(c) Nothing in 6-18-502, 6-18-503, or this section, or any student discipline policies promulgated under
6-18-502, shall limit or restrict the bringing of criminal charges against any person for violating the
criminal laws of this state.
Page 55


Page 56

STATUTES
personnel policies.
school property;
activities; and
Page 57
subchapter.
students.
STATUTES
6-18-504. Compliance with 6-18-502 and 6-18-503.
(a) The Department of Education shall monitor compliance with the requirements of 6-18-502 and 618-503, and the State Board of Education shall adopt rules and regulations for the administration of the
requirements thereof.
(b) Any school district failing to file the disciplinary policy required by 6-18-503 with the department shall
have all state aid funds withheld until such disciplinary policy is filed with the department.
(c) Nothing in 6-18-502, 6-18-503, or this section, or any student discipline policies promulgated under
6-18-502, shall limit or restrict the bringing of criminal charges against any person for violating the
criminal laws of this state.
Page 58
Other/Uncategorized
STATUTES
6-17-112. Corporal punishment -- Immunity from liability.
(a) Teachers and administrators in a school district that authorizes use of corporal punishment in the
school district's written student discipline policy shall be immune from any civil liability for administering
corporal punishment to students, provided only that the corporal punishment is administered in
substantial compliance with the school district's written student discipline policy.
(b) As used in subsection (a) of this section, "teachers and administrators" means those persons
employed by a school district and required to have a state-issued license as a condition of their
employment.

STATUTES
personnel policies.
school property;
activities; and
Page 59
Other/Uncategorized
STATUTES
Page 60

School Discipline
resources provided by Arkansas provide additional context to state policy and regulations and, in some
Title
Description
Compilation of rules
concerning student
discipline and school
safety.
http://www.sos.arkansas.gov/rulesRe
gs/Arkansas%20Register/2012/Feb1
2Reg/005.15.11-003.pdf
Website
No relevant resources found
Documents
Arkansas Department of Education
Guidelines for the Development,
Review and Revision of School
District Student Discipline and School
Safety Policies March 2012
Other Resources
Page 61
California
Discipline Laws and
Regulations
Introduction
document.
Notes & Disclaimers

Prepared by:
Child Trends
Suite 1200W
Suite 110
Table of Contents
California State Codes Cited ...................................................................................................................... 1
Scope ........................................................................................................................................................ 4
Other weapons ........................................................................................................................................ 39
Substance use......................................................................................................................................... 48
Prevention ............................................................................................................................................... 57
California State Codes Cited

California Revised Statutes
Education Code - EDC
Title 1. General Education Code Provisions [1. - 32500.]

Division 1. General Education Code Provisions [1. 32500.]
Part 19. Miscellaneous [32001. 32454.]
Chapter 2.5. Interagency School Safety Demonstration Act of 1985 [32260. 32295.5.]
Article 1. General Provisions [32260. - 32262.]
32261.
Article 2. Conferences [32265. - 32265.]
32265.
Article 5. School Safety Plans [32280. 32289.]
32280.
32281.
32282.
32283.
32285.
32288.
Title 2. Elementary and Secondary Education [33000. - 64100.]

Division 3. Local Administration [35000. - 45460.]
Part 21. Local Educational Agencies OCAL [35000. - 35787.]
Chapter 2. Governing Boards [35100. - 35401.]
Article 3. Meetings [35140. - 35149.]
35146.
Division 4. Instruction and Services [46000. - 64100.]

Part 27. Pupils [48000. 49704.]
Chapter 2. Compulsory Education Law [48200. - 48361.]
Article 1. Persons Included [48200. - 48208.]
48200.
48201.
48202.
Article 5. Truants [48260. - 48273.]

48260.
48260.5.
48260.6.
48261.
48262.
48263.
48263.6.
48264.
48264.5.
48265.
48266.
48267.
California Compilation of School Discipline Laws and Regulations
48268.
48269.
48273.
Page 1
Chapter 6. Pupil Rights and Responsibilities

Article 1. Suspension and Expulsion [48900. 48927]
48900.
48900.1.
48900.2.
48900.3.
48900.4.
48900.5.
48900.6.
48900.7.
48900.8.
48901
48901.5
48902.
48903.
48904.
48904.3.
48905.
48906.
48907.
48908.
48909.
48910.
48911.
48911.1.
48911.2.
48911.5.
48912.
48912.5.
48913.
48914.
48915.
48915.01.
48915.1.
48915.2.
48915.5.
48915.7.
48916.
48916.1.
48916.5.
48917.
48918.
48918.1.
48918.5.
48918.6.
48919.
48919.5.
48920.
48921.
48922.
48923.
48924.
48925.
48926.
48927.
Article 5. Prohibition of Corporal Punishment

49000.
49001.
Article 8. Searches by School Employees [49050. - 49051.]

49050.
Chapter 8. Pupil Safety [49300. - 49370.]

Article 3. Injurious Objects [49330. - 49335.]
49330.
49331.
49332.
49333.
49334.
49335.
Article 5. Community Policing and Mentoring for School Safety Pilot Program [49350. - 49355.]
49350.
49350.5.
49351.
49352.
49353.
49354.
49355.
Part 30. Special Education Programs [56000. - 56865.]

Chapter 5.5. Behavioral Interventions [56520. - 56525.]
56520.
56521.
56521.1.
56521.2.
56524
California Administrative Code

Page 1
General Provisions
STATUTES
32280.
It is the intent of the Legislature that all California public schools, in kindergarten, and grades 1 to 12,
inclusive, operated by school districts, in cooperation with local law enforcement agencies, community
leaders, parents, pupils, teachers, administrators, and other persons who may be interested in the
prevention of campus crime and violence, develop a comprehensive school safety plan that addresses
the safety concerns identified through a systematic planning process. For the purposes of this section,
law enforcement agencies include local police departments, county sheriffs offices, school district police
or security departments, probation departments, and district attorneys offices. For purposes of this
section, a safety plan means a plan to develop strategies aimed at the prevention of, and education
about, potential incidents involving crime and violence on the school campus.
32281.
(a) Each school district and county office of education is responsible for the overall development of all
comprehensive school safety plans for its schools operating kindergarten or any of grades 1 to 12,
inclusive.
(b) (1) Except as provided in subdivision (d) with regard to a small school district, the schoolsite council
established pursuant to former Section 52012, as it existed before July 1, 2005, or Section 52852 shall
write and develop a comprehensive school safety plan relevant to the needs and resources of that
particular school.
(2) The schoolsite council may delegate this responsibility to a school safety planning committee made
up of the following members:
(A) The principal or the principals designee.
(B) One teacher who is a representative of the recognized certificated employee organization.
(C) One parent whose child attends the school.
(D) One classified employee who is a representative of the recognized classified employee
organization.
(E) Other members, if desired.
(3) The schoolsite council shall consult with a representative from a law enforcement agency in the
writing and development of the comprehensive school safety plan.
(4) In the absence of a schoolsite council, the members specified in paragraph (2) shall serve as the
school safety planning committee.
(c) Nothing in this article shall limit or take away the authority of school boards as guaranteed under this
code.
(d) (1) Subdivision (b) shall not apply to a small school district, as defined in paragraph (2), if the small
school district develops a districtwide comprehensive school safety plan that is applicable to each
schoolsite.
(2) As used in this article, small school district means a school district that has fewer than 2,501 units
of average daily attendance at the beginning of each fiscal year.
Page 2
(f) (1) Notwithstanding subdivision (b), a school district or county office of education may, in consultation
with law enforcement officials, elect to not have its schoolsite council develop and write those portions
of its comprehensive school safety plan that include tactical responses to criminal incidents that may
result in death or serious bodily injury at the schoolsite. The portions of a school safety plan that include
tactical responses to criminal incidents may be developed by administrators of the school district or
county office of education in consultation with law enforcement officials and with a representative of an
exclusive bargaining unit of employees of that school district or county office of education, if he or she
chooses to participate. The school district or county office of education may elect not to disclose those
portions of the comprehensive school safety plan that include tactical responses to criminal incidents.
(2) As used in this article, tactical responses to criminal incidents means steps taken to safeguard
pupils and staff, to secure the affected school premises, and to apprehend the criminal perpetrator or
perpetrators.
(3) Nothing in this subdivision precludes the governing board of a school district or county office of
education from conferring in a closed session with law enforcement officials pursuant to Section 54957
of the Government Code to approve a tactical response plan developed in consultation with those
officials pursuant to this subdivision. Any vote to approve the tactical response plan shall be announced
in open session following the closed session.
(4) Nothing in this subdivision shall be construed to reduce or eliminate the requirements of Section
32282.
48914.
Each school district is authorized to establish a policy that permits school officials to conduct a meeting
with the parent or guardian of a suspended pupil to discuss the causes, the duration, the school policy
involved, and other matters pertinent to the suspension.
48918.
The governing board of each school district shall establish rules and regulations governing procedures for
the expulsion of pupils.
48926.
Each county superintendent of schools in counties that operate community schools pursuant to Section
1980, in conjunction with superintendents of the school districts within the county, shall develop a plan for
providing education services to all expelled pupils in that county. The plan shall be adopted by the
governing board of each school district within the county and by the county board of education.
The plan shall enumerate existing educational alternatives for expelled pupils, identify gaps in educational
services to expelled pupils, and strategies for filling those service gaps. The plan shall also identify
alternative placements for pupils who are expelled and placed in district community day school programs,
but who fail to meet the terms and conditions of their rehabilitation plan or who pose a danger to other
district pupils, as determined by the governing board.
Each county superintendent of schools, in conjunction with the superintendents of the school districts,
shall submit to the Superintendent of Public Instruction the county plan for providing educational services
to all expelled pupils in the county no later than June 30, 1997, and shall submit a triennial update to the
plan to the Superintendent of Public Instruction, including the outcome data pursuant to Section 48916.1,
on June 30th thereafter.
Page 3
49335.
On or before April 1, 2001, the Superintendent of Public Instruction shall adopt a system that will shield
the identity and provide protection to pupils who report the presence of injurious objects on school
campuses that offer instruction in kindergarten and any of grades 1 to 12, inclusive.
Scope
STATUTES
48900.
(s) A pupil shall not be suspended or expelled for any of the acts enumerated in this section unless the
act is related to a school activity or school attendance occurring within a school under the jurisdiction of
the superintendent of the school district or principal or occurring within any other school district. A pupil
may be suspended or expelled for acts that are enumerated in this section and related to a school activity
or school attendance that occur at any time, including, but not limited to, any of the following:
(1) While on school grounds.
(2) While going to or coming from school.
(3) During the lunch period whether on or off the campus.
(4) During, or while going to or coming from, a school-sponsored activity.
(t) A pupil who aids or abets, as defined in Section 31 of the Penal Code, the infliction or attempted
infliction of physical injury to another person may be subject to suspension, but not expulsion, pursuant to
this section, except that a pupil who has been adjudged by a juvenile court to have committed, as an
aider and abettor, a crime of physical violence in which the victim suffered great bodily injury or serious
bodily injury shall be subject to discipline pursuant to subdivision (a).
(u) As used in this section, school property includes, but is not limited to, electronic files and databases.
48915.
(a) (1) Except as provided in subdivisions (c) and (e), the principal or the superintendent of schools shall
recommend the expulsion of a pupil for any of the following acts committed at school or at a school
activity off school grounds, unless the principal or superintendent determines that expulsion should not
be recommended under the circumstances or that an alternative means of correction would address the
conduct:
(A) Causing serious physical injury to another person, except in self-defense.
(B) Possession of any knife or other dangerous object of no reasonable use to the pupil.
(C) Unlawful possession of any controlled substance listed in Chapter 2 (commencing with Section
11053) of Division 10 of the Health and Safety Code, except for either of the following:
(i) The first offense for the possession of not more than one avoirdupois ounce of marijuana, other
than concentrated cannabis.
(ii) The possession of over-the-counter medication for use by the pupil for medical purposes or
medication prescribed for the pupil by a physician.
(D) Robbery or extortion.
(E) Assault or battery, as defined in Sections 240 and 242 of the Penal Code, upon any school
employee.
(e) Upon recommendation by the principal or the superintendent of schools, or by a hearing officer or
administrative panel appointed pursuant to subdivision (d) of Section 48918, the governing board of a
Page 4
school district may order a pupil expelled upon finding that the pupil, at school or at a school activity off of
school grounds violated subdivision (f), (g), (h), (i), (j), (k), (l), or (m) of Section 48900, or Section 48900.2,
48900.3, or 48900.4, and either of the following:
(1) That other means of correction are not feasible or have repeatedly failed to bring about proper
conduct.
(2) That due to the nature of the violation, the presence of the pupil causes a continuing danger to the
physical safety of the pupil or others.
56521.
(a) This chapter applies to any individual with exceptional needs who is in a public school program,
including a state school for the disabled pursuant to Part 32 (commencing with Section 59000), or who is
placed in a nonpublic school program pursuant to Sections 56365 to 56366.5, inclusive.
(b) The Superintendent of Public Instruction shall monitor and supervise the implementation of this
chapter.
STATUTES
32288.
(a) In order to ensure compliance with this article, each school shall forward its comprehensive school
safety plan to the school district or county office of education for approval.
(b) (1) Before adopting its comprehensive school safety plan, the schoolsite council or school safety
planning committee shall hold a public meeting at the schoolsite in order to allow members of the public
the opportunity to express an opinion about the school safety plan.
(2) The schoolsite council or school safety planning committee shall notify, in writing, the following
persons and entities, if available, of the public meeting:
(A) The local mayor.
(B) A representative of the local school employee organization.
(C) A representative of each parent organization at the schoolsite, including the parent teacher
association and parent teacher clubs.
(D) A representative of each teacher organization at the schoolsite.
(E) A representative of the student body government.
(F) All persons who have indicated they want to be notified.
(3) The schoolsite council or school safety planning committee is encouraged to notify, in writing, the
following persons and entities, if available, of the public meeting:
(A) A representative of the local churches.
(B) Local civic leaders.
(C) Local business organizations.
(c) In order to ensure compliance with this article, each school district or county office of education shall
annually notify the State Department of Education by October 15 of any schools that have not complied
with Section 32281.
Page 5
48900.1.
(a) The governing board of each school district may adopt a policy authorizing teachers to require the
parent or guardian of a pupil who has been suspended by a teacher pursuant to Section 48910 for
reasons specified in subdivision (i) or (k) of Section 48900, to attend a portion of a schoolday in the
classroom of his or her child or ward. The policy shall take into account reasonable factors that may
prevent compliance with a notice to attend. The attendance of the parent or guardian shall be limited to
the class from which the pupil was suspended.
(b) The policy shall be adopted pursuant to the procedures set forth in Sections 35291 and 35291.5.
Parents and guardians shall be notified of this policy prior to its implementation. A teacher shall apply any
policy adopted pursuant to this section uniformly to all pupils within the classroom.
Page 6

STATUTES
48910.
(a) A teacher may suspend any pupil from class, for any of the acts enumerated in Section 48900, for the
day of the suspension and the day following. The teacher shall immediately report the suspension to the
principal of the school and send the pupil to the principal or the designee of the principal for appropriate
action. If that action requires the continued presence of the pupil at the schoolsite, the pupil shall be
under appropriate supervision, as defined in policies and related regulations adopted by the governing
board of the school district. As soon as possible, the teacher shall ask the parent or guardian of the pupil
to attend a parent-teacher conference regarding the suspension. If practicable, a school counselor or a
school psychologist may attend the conference. A school administrator shall attend the conference if the
teacher or the parent or guardian so requests. The pupil shall not be returned to the class from which he
or she was suspended, during the period of the suspension, without the concurrence of the teacher of the
class and the principal
(c) A teacher may also refer a pupil, for any of the acts enumerated in Section 48900, to the principal or
the designee of the principal for consideration of a suspension from the school.
STATUTES
48900.
(v) For a pupil subject to discipline under this section, a superintendent of the school district or principal
may use his or her discretion to provide alternatives to suspension or expulsion that are age appropriate
and designed to address and correct the pupils specific misbehavior as specified in Section 48900.5.
(w) It is the intent of the Legislature that alternatives to suspension or expulsion be imposed against a
pupil who is truant, tardy, or otherwise absent from school activities.
48900.5
(a) Suspension, including supervised suspension as described in Section 48911.1, shall be imposed only
when other means of correction fail to bring about proper conduct. A school district may document the
other means of correction used and place that documentation in the pupils record, which may be
accessed pursuant to Section 49069. However, a pupil, including an individual with exceptional needs, as
defined in Section 56026, may be suspended, subject to Section 1415 of Title 20 of the United States
Code, for any of the reasons enumerated in Section 48900 upon a first offense, if the principal or
superintendent of schools determines that the pupil violated subdivision (a), (b), (c), (d), or (e) of Section
48900 or that the pupils presence causes a danger to persons.
(b) Other means of correction include, but are not limited to, the following:
(1) A conference between school personnel, the pupils parent or guardian, and the pupil.
Page 7
(2) Referrals to the school counselor, psychologist, social worker, child welfare attendance personnel,
or other school support service personnel for case management and counseling.
(3) Study teams, guidance teams, resource panel teams, or other intervention-related teams that
assess the behavior, and develop and implement individualized plans to address the behavior in
partnership with the pupil and his or her parents.
(4) Referral for a comprehensive psychosocial or psychoeducational assessment, including for
purposes of creating an individualized education program, or a plan adopted pursuant to Section 504 of
the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794(a)).
(5) Enrollment in a program for teaching prosocial behavior or anger management.
(6) Participation in a restorative justice program.
(7) A positive behavior support approach with tiered interventions that occur during the schoolday on
campus.
(8) After-school programs that address specific behavioral issues or expose pupils to positive activities
and behaviors, including, but not limited to, those operated in collaboration with local parent and
community groups.
(9) Any of the alternatives described in Section 48900.6.
48900.6.
As part of or instead of disciplinary action prescribed by this article, the principal of a school, the
principals designee, the superintendent of schools, or the governing board may require a pupil to perform
community service on school grounds or, with written permission of the parent or guardian of the pupil, off
school grounds, during the pupils nonschool hours. For the purposes of this section, community service
may include, but is not limited to, work performed in the community or on school grounds in the areas of
outdoor beautification, community or campus betterment, and teacher, peer, or youth assistance
programs. This section does not apply if a pupil has been suspended, pending expulsion, pursuant to
Section 48915. However, this section applies if the recommended expulsion is not implemented or is,
itself, suspended by stipulation or other administrative action.
48911.1.
(a) A pupil suspended from a school for any of the reasons enumerated in Sections 48900 and 48900.2
may be assigned, by the principal or the principals designee, to a supervised suspension classroom for
the entire period of suspension if the pupil poses no imminent danger or threat to the campus, pupils, or
staff, or if an action to expel the pupil has not been initiated.
(b) Pupils assigned to a supervised suspension classroom shall be separated from other pupils at the
schoolsite for the period of suspension in a separate classroom, building, or site for pupils under
suspension.
48911.2.
(a) If the number of pupils suspended from school during the prior school year exceeded 30 percent of
the schools enrollment, the school should consider doing at least one of the following:
(1) Implement the supervised suspension program described in Section 48911.1.
(2) Implement an alternative to the schools off-campus suspension program, which involves a
progressive discipline approach that occurs during the schoolday on campus, using any of the following
activities:
(A) Conferences between the school staff, parents, and pupils.
Page 8
(B) Referral to the school counselor, psychologist, child welfare attendance personnel, or other school
support service staff.
(C) Detention.
(D) Study teams, guidance teams, resource panel teams, or other assessment-related teams.
(b) At the end of the academic year, the school may report to the district superintendent in charge of
school support services, or other comparable administrator if that position does not exist, on the rate of
reduction in the schools off-campus suspensions and the plan or activities used to comply with
subdivision (a).
(c) It is the intent of the Legislature to encourage schools that choose to implement this section to
examine alternatives to off-campus suspensions that lead to resolution of pupil misconduct without
sending pupils off campus. Schools that use this section should not be precluded from suspending pupils
to an off-campus site.
48917.
(a) The governing board, upon voting to expel a pupil, may suspend the enforcement of the expulsion
order for a period of not more than one calendar year and may, as a condition of the suspension of
enforcement, assign the pupil to a school, class, or program that is deemed appropriate for the
rehabilitation of the pupil. The rehabilitation program to which the pupil is assigned may provide for the
involvement of the pupils parent or guardian in his or her childs education in ways that are specified in
the rehabilitation program. A parent or guardians refusal to participate in the rehabilitation program shall
not be considered in the governing boards determination as to whether the pupil has satisfactorily
completed the rehabilitation program.

STATUTES
49000.
The Legislature finds and declares that the protection against corporal punishment, which extends to
other citizens in other walks of life, should include children while they are under the control of the public
schools. Children of school age are at the most vulnerable and impressionable period of their lives and it
is wholly reasonable that the safeguards to the integrity and sanctity of their bodies should be, at this
tender age, at least equal to that afforded to other citizens.
49001.
(a) For the purposes of this section corporal punishment means the willful infliction of, or willfully causing
the infliction of, physical pain on a pupil. An amount of force that is reasonable and necessary for a
person employed by or engaged in a public school to quell a disturbance threatening physical injury to
persons or damage to property, for purposes of self-defense, or to obtain possession of weapons or other
dangerous objects within the control of the pupil, is not and shall not be construed to be corporal
punishment within the meaning and intent of this section. Physical pain or discomfort caused by athletic
competition or other such recreational activity, voluntarily engaged in by the pupil, is not and shall not be
construed to be corporal punishment within the meaning and intent of this section.
(b) No person employed by or engaged in a public school shall inflict, or cause to be inflicted corporal
punishment upon a pupil. Every resolution, bylaw, rule, ordinance, or other act or authority permitting or
authorizing the infliction of corporal punishment upon a pupil attending a public school is void and
unenforceable.
Page 9

STATUTES
49050.
No school employee shall conduct a search that involves:
(a) Conducting a body cavity search of a pupil manually or with an instrument.
(b) Removing or arranging any or all of the clothing of a pupil to permit a visual inspection of the
underclothing, breast, buttocks, or genitalia of the pupil.

Page 10

STATUTES
48900.
A pupil shall not be suspended from school or recommended for expulsion, unless the superintendent of
the school district or the principal of the school in which the pupil is enrolled determines that the pupil has
committed an act as defined pursuant to any of subdivisions (a) to (r), inclusive:
(a) (1) Caused, attempted to cause, or threatened to cause physical injury to another person.
(2) Willfully used force or violence upon the person of another, except in self-defense.
(b) Possessed, sold, or otherwise furnished a firearm, knife, explosive, or other dangerous object,
unless, in the case of possession of an object of this type, the pupil had obtained written permission to
possess the item from a certificated school employee, which is concurred in by the principal or the
designee of the principal.
(c) Unlawfully possessed, used, sold, or otherwise furnished, or been under the influence of, a
controlled substance listed in Chapter 2 (commencing with Section 11053) of Division 10 of the Health
and Safety Code, an alcoholic beverage, or an intoxicant of any kind.
(d) Unlawfully offered, arranged, or negotiated to sell a controlled substance listed in Chapter 2
(commencing with Section 11053) of Division 10 of the Health and Safety Code, an alcoholic beverage,
or an intoxicant of any kind, and either sold, delivered, or otherwise furnished to a person another liquid,
substance, or material and represented the liquid, substance, or material as a controlled substance,
alcoholic beverage, or intoxicant.
(e) Committed or attempted to commit robbery or extortion.
(f) Caused or attempted to cause damage to school property or private property.
(g) Stole or attempted to steal school property or private property.
(h) Possessed or used tobacco, or products containing tobacco or nicotine products, including, but not
limited to, cigarettes, cigars, miniature cigars, clove cigarettes, smokeless tobacco, snuff, chew
packets, and betel. However, this section does not prohibit use or possession by a pupil of his or her
own prescription products.
(i) Committed an obscene act or engaged in habitual profanity or vulgarity.
(j) Unlawfully possessed or unlawfully offered, arranged, or negotiated to sell drug paraphernalia, as
defined in Section 11014.5 of the Health and Safety Code.
(k) Disrupted school activities or otherwise willfully defied the valid authority of supervisors, teachers,
administrators, school officials, or other school personnel engaged in the performance of their duties.
(l) Knowingly received stolen school property or private property.
(m) Possessed an imitation firearm. As used in this section, imitation firearm means a replica of a
firearm that is so substantially similar in physical properties to an existing firearm as to lead a
reasonable person to conclude that the replica is a firearm.
Page 11
(n) Committed or attempted to commit a sexual assault as defined in Section 261, 266c, 286, 288,
288a, or 289 of the Penal Code or committed a sexual battery as defined in Section 243.4 of the Penal
Code.
(o) Harassed, threatened, or intimidated a pupil who is a complaining witness or a witness in a school
disciplinary proceeding for purposes of either preventing that pupil from being a witness or retaliating
against that pupil for being a witness, or both.
(p) Unlawfully offered, arranged to sell, negotiated to sell, or sold the prescription drug Soma.
(q) Engaged in, or attempted to engage in, hazing. For purposes of this subdivision, hazing means a
method of initiation or preinitiation into a pupil organization or body, whether or not the organization or
body is officially recognized by an educational institution, which is likely to cause serious bodily injury or
personal degradation or disgrace resulting in physical or mental harm to a former, current, or
prospective pupil. For purposes of this subdivision, hazing does not include athletic events or schoolsanctioned events.
(r) Engaged in an act of bullying. For purposes of this subdivision, the following terms have the following
meanings:
(1) Bullying means any severe or pervasive physical or verbal act or conduct, including
communications made in writing or by means of an electronic act, and including one or more acts
committed by a pupil or group of pupils as defined in Section 48900.2, 48900.3, or 48900.4, directed
toward one or more pupils that has or can be reasonably predicted to have the effect of one or more
of the following:
(A) Placing a reasonable pupil or pupils in fear of harm to that pupils or those pupils person or
property.
(B) Causing a reasonable pupil to experience a substantially detrimental effect on his or her
physical or mental health.
(C) Causing a reasonable pupil to experience substantial interference with his or her academic
performance.
(D) Causing a reasonable pupil to experience substantial interference with his or her ability to
participate in or benefit from the services, activities, or privileges provided by a school.
(2) (A) Electronic act means the transmission, by means of an electronic device, including, but not
limited to, a telephone, wireless telephone, or other wireless communication device, computer, or
pager, of a communication, including, but not limited to, any of the following:
(i) A message, text, sound, or image.
(ii) A post on a social network Internet Web site including, but not limited to:
(I) Posting to or creating a burn page. Burn page means an Internet Web site created for the
purpose of having one or more of the effects listed in paragraph (1).
(II) Creating a credible impersonation of another actual pupil for the purpose of having one or
more of the effects listed in paragraph (1). Credible impersonation means to knowingly and
without consent impersonate a pupil for the purpose of bullying the pupil and such that another
pupil would reasonably believe, or has reasonably believed, that the pupil was or is the pupil who
was impersonated.
(III) Creating a false profile for the purpose of having one or more of the effects listed in
paragraph (1). False profile means a profile of a fictitious pupil or a profile using the likeness or
attributes of an actual pupil other than the pupil who created the false profile.
Page 12
(B) Notwithstanding paragraph (1) and subparagraph (A), an electronic act shall not constitute
pervasive conduct solely on the basis that it has been transmitted on the Internet or is currently
posted on the Internet.
(3) Reasonable pupil means a pupil, including, but not limited to, an exceptional needs pupil, who
exercises average care, skill, and judgment in conduct for a person of his or her age, or for a person
of his or her age with his or her exceptional needs.
infliction of physical injury to another person may be subject to suspension, but not expulsion, pursuant
to this section, except that a pupil who has been adjudged by a juvenile court to have committed, as an
(u) As used in this section, school property includes, but is not limited to, electronic files and
databases.
48900.2.
In addition to the reasons specified in Section 48900, a pupil may be suspended from school or
recommended for expulsion if the superintendent or the principal of the school in which the pupil is
enrolled determines that the pupil has committed sexual harassment as defined in Section 212.5.
For the purposes of this chapter, the conduct described in Section 212.5 must be considered by a
reasonable person of the same gender as the victim to be sufficiently severe or pervasive to have a
negative impact upon the individuals academic performance or to create an intimidating, hostile, or
offensive educational environment. This section shall not apply to pupils enrolled in kindergarten and
grades 1 to 3, inclusive.
48900.3.
In addition to the reasons set forth in Sections 48900 and 48900.2, a pupil in any of grades 4 to 12,
inclusive, may be suspended from school or recommended for expulsion if the superintendent or the
principal of the school in which the pupil is enrolled determines that the pupil has caused, attempted to
cause, threatened to cause, or participated in an act of, hate violence, as defined in subdivision (e) of
Section 233.
48900.4.
In addition to the grounds specified in Sections 48900 and 48900.2, a pupil enrolled in any of grades 4 to
12, inclusive, may be suspended from school or recommended for expulsion if the superintendent or the
principal of the school in which the pupil is enrolled determines that the pupil has intentionally engaged in
harassment, threats, or intimidation, directed against school district personnel or pupils, that is sufficiently
severe or pervasive to have the actual and reasonably expected effect of materially disrupting classwork,
creating substantial disorder, and invading the rights of either school personnel or pupils by creating an
intimidating or hostile educational environment.
48900.7
(a) In addition to the reasons specified in Sections 48900, 48900.2, 48900.3, and 48900.4, a pupil may be
suspended from school or recommended for expulsion if the superintendent or the principal of the school
in which the pupil is enrolled determines that the pupil has made terroristic threats against school officials
or school property, or both.
(b) For the purposes of this section, terroristic threat shall include any statement, whether written or oral,
by a person who willfully threatens to commit a crime which will result in death, great bodily injury to
another person, or property damage in excess of one thousand dollars ($1,000), with the specific intent
Page 13
that the statement is to be taken as a threat, even if there is no intent of actually carrying it out, which, on
its face and under the circumstances in which it is made, is so unequivocal, unconditional, immediate,
and specific as to convey to the person threatened, a gravity of purpose and an immediate prospect of
execution of the threat, and thereby causes that person reasonably to be in sustained fear for his or her
own safety or for his or her immediate familys safety, or for the protection of school district property, or
the personal property of the person threatened or his or her immediate family.
48915.
conduct:
employee.
(2) If the principal or the superintendent of schools makes a determination as described in paragraph
(1), he or she is encouraged to do so as quickly as possible to ensure that the pupil does not lose
instructional time.
(b) Upon recommendation by the principal or the superintendent of schools, or by a hearing officer or
school district may order a pupil expelled upon finding that the pupil committed an act listed in paragraph
(1) of subdivision (a) or in subdivision (a), (b), (c), (d), or (e) of Section 48900. A decision to expel a pupil
for any of those acts shall be based on a finding of one or both of the following:
(1) Other means of correction are not feasible or have repeatedly failed to bring about proper conduct.
(2) Due to the nature of the act, the presence of the pupil causes a continuing danger to the physical
safety of the pupil or others.
(c) The principal or superintendent of schools shall immediately suspend, pursuant to Section 48911, and
shall recommend expulsion of a pupil that he or she determines has committed any of the following acts
at school or at a school activity off school grounds:
(1) Possessing, selling, or otherwise furnishing a firearm. This subdivision does not apply to an act of
possessing a firearm if the pupil had obtained prior written permission to possess the firearm from a
certificated school employee, which is concurred in by the principal or the designee of the principal.
This subdivision applies to an act of possessing a firearm only if the possession is verified by an
employee of a school district. The act of possessing an imitation firearm, as defined in subdivision (m)
of Section 48900, is not an offense for which suspension or expulsion is mandatory pursuant to this
subdivision and subdivision (d), but it is an offense for which suspension, or expulsion pursuant to
subdivision (e), may be imposed.
Page 14
(2) Brandishing a knife at another person.

(3) Unlawfully selling a controlled substance listed in Chapter 2 (commencing with Section 11053) of
Division 10 of the Health and Safety Code.
(4) Committing or attempting to commit a sexual assault as defined in subdivision (n) of Section 48900
or committing a sexual battery as defined in subdivision (n) of Section 48900.
(5) Possession of an explosive.
conduct.
(g) As used in this section, knife means any dirk, dagger, or other weapon with a fixed, sharpened blade
fitted primarily for stabbing, a weapon with a blade fitted primarily for stabbing, a weapon with a blade
longer than 31/2 inches, a folding knife with a blade that locks into place, or a razor with an unguarded
blade.
(h) As used in this section, the term explosive means destructive device as described in Section 921 of
48915.7.
It is the intent of the Legislature that where community school opportunities exist, the principal shall
recommend for expulsion, and the governing board shall expel, any pupil who is found to be in
possession of a firearm at school or at a school activity off school grounds and that the governing board
shall request the county board of education to enroll the pupil in a community school.


STATUTES
48900.
infliction of physical injury to another person may be subject to suspension, but not expulsion, pursuant
to this section, except that a pupil who has been adjudged by a juvenile court to have committed, as an
Page 15
48900.2.
48903.
(a) Except as provided in subdivision (g) of Section 48911 and in Section 48912, the total number of days
for which a pupil may be suspended from school shall not exceed 20 schooldays in any school year,
unless for purposes of adjustment, a pupil enrolls in or is transferred to another regular school, an
opportunity school or class, or a continuation education school or class, in which case the total number of
schooldays for which the pupil may be suspended shall not exceed 30 days in any school year.
(b) For the purposes of this section, a school district may count suspensions that occur while a pupil is
enrolled in another school district toward the maximum number of days for which a pupil may be
suspended in any school year.
48911.
(a) The principal of the school, the principals designee, or the district superintendent of schools may
suspend a pupil from the school for any of the reasons enumerated in Section 48900, and pursuant to
Section 48900.5, for no more than five consecutive schooldays.
48912.5.
The governing board of a school district may suspend a pupil enrolled in a continuation school or class for
a period not longer than the remainder of the semester if any of the acts enumerated in Section 48900
occurred. The suspension shall meet the requirements of Section 48915.
48915.01.
If the governing board of a school district has established a community day school pursuant to Section
48661 on the same site as a comprehensive middle, junior, or senior high school, or at any elementary
school, the governing board does not have to meet the condition in paragraph (2) of subdivision (d) of
Section 48915 when the board, pursuant to subdivision (f) of Section 48915, refers a pupil to a program of
study and that program of study is at the community day school. All the other conditions of subdivision (d)
of Section 48915 are applicable to the referral as required by subdivision (f) of Section 48915.
48915.5.
(a) An individual with exceptional needs, as defined in Section 56026, may be suspended or expelled
from school in accordance with Section 1415(k) of Title 20 of the United States Code, the discipline
provisions contained in Sections 300.530 to 300.537, inclusive, of Title 34 of the Code of Federal
Regulations, and other provisions of this part that do not conflict with federal law and regulations.
(b) A free appropriate public education for individuals with exceptional needs suspended or expelled from
school shall be in accordance with Section 1412(a)(1) of Title 20 of the United States Code and Section
300.530(d) of Title 34 of the Code of Federal Regulations.
(c) If an individual with exceptional needs is excluded from schoolbus transportation, the pupil is entitled
to be provided with an alternative form of transportation at no cost to the pupil or parent or guardian
provided that transportation is specified in the pupils individualized education program.
(d) If the individual with exceptional needs is a foster child, as defined in Section 48853.5, and the local
educational agency has proposed a change of placement due to an act for which a decision to
Page 16
recommend expulsion is at the discretion of the principal or the district superintendent of schools, the
attorney for the individual with exceptional needs and an appropriate representative of the county child
welfare agency shall be invited to participate in the individualized education program team meeting that
makes a manifestation determination pursuant to Section 1415(k) of Title 20 of the United States Code.
The invitation may be made using the most cost-effective method possible, which may include, but is not
limited to, electronic mail or a telephone call.

STATUTES
35146.
Notwithstanding the provisions of Section 35145 of this code and Section 54950 of the Government
Code, the governing body of a school district shall, unless a request by the parent has been made
pursuant to this section, hold closed sessions if the board is considering the suspension of, or disciplinary
action or any other action except expulsion in connection with any pupil of the school district, if a public
hearing upon such question would lead to the giving out of information concerning school pupils which
would be in violation of Article 5 (commencing with Section 49073) of Chapter 6.5 of Part 27 of this code.
Before calling such closed session of the governing board of the district to consider these matters, the
governing board of the district shall, in writing, by registered or certified mail or by personal service, if the
pupil is a minor, notify the pupil and his or her parent or guardian, or the pupil if the pupil is an adult, of
the intent of the governing board of the district to call and hold such closed session. Unless the pupil, or
his or her parent, or guardian shall, in writing, within 48 hours after receipt of such written notice of
intention, request that the hearing of the governing board be held as a public meeting, then the hearing to
consider such matters shall be conducted by the governing board in closed session. If such written
request is served upon the clerk or secretary of the governing board, the meeting shall be public except
that any discussion at such meeting that might be in conflict with the right to privacy of any pupil other
than the pupil requesting the public meeting or on behalf of whom such meeting is requested, shall be in
closed session. Whether the matter is considered at a closed session or at a public meeting, the final
action of the governing board of the school district shall be taken at a public meeting and the result of
such action shall be a public record of the school district.
48201.
(a) Except for pupils exempt from compulsory school attendance under Section 48231, any parent,
guardian, or other person having control or charge of any minor between the ages of 6 and 16 years who
removes the minor from any city, city and county, or school district before the completion of the current
school term, shall enroll the minor in a public full-time day school of the city, city and county, or school
district to which the minor is removed.
(b) (1) Upon a pupils transfer from one school district to another, the school district into which the pupil is
transferring shall request that the school district in which the pupil was last enrolled provide any records
that the district maintains in its ordinary course of business or receives from a law enforcement agency
regarding acts committed by the transferring pupil that resulted in the pupils suspension from school or
expulsion from the school district. Upon receipt of this information, the receiving school district shall
inform any teacher of the pupil that the pupil was suspended from school or expelled from the school
district and shall inform the teacher of the act that resulted in that action.
Page 17
48911.
(b) Suspension by the principal, the principals designee, or the district superintendent of schools shall be
preceded by an informal conference conducted by the principal, the principals designee, or the district
superintendent of schools between the pupil and, whenever practicable, the teacher, supervisor, or
school employee who referred the pupil to the principal, the principals designee, or the district
superintendent of schools. At the conference, the pupil shall be informed of the reason for the disciplinary
action and the evidence against him or her and shall be given the opportunity to present his or her version
and evidence in his or her defense.
(c) A principal, the principals designee, or the district superintendent of schools may suspend a pupil
without affording the pupil an opportunity for a conference only if the principal, the principals designee, or
the district superintendent of schools determines that an emergency situation exists. Emergency
situation, as used in this article, means a situation determined by the principal, the principals designee,
or the district superintendent of schools to constitute a clear and present danger to the life, safety, or
health of pupils or school personnel. If a pupil is suspended without a conference before suspension, both
the parent and the pupil shall be notified of the pupils right to a conference and the pupils right to return
to school for the purpose of a conference. The conference shall be held within two schooldays, unless the
pupil waives this right or is physically unable to attend for any reason, including, but not limited to,
incarceration or hospitalization. The conference shall then be held as soon as the pupil is physically able
to return to school for the conference.
(g) In a case where expulsion from a school or suspension for the balance of the semester from
continuation school is being processed by the governing board of the school district, the district
superintendent of schools, or other person designated by the district superintendent of schools in writing,
may extend the suspension until the governing board of the school district has rendered a decision in the
action. However, an extension may be granted only if the district superintendent of schools or the district
superintendents designee has determined, following a meeting in which the pupil and the pupils parent
or guardian are invited to participate, that the presence of the pupil at the school or in an alternative
school placement would cause a danger to persons or property or a threat of disrupting the instructional
process. If the pupil is a foster child, as defined in Section 48853.5, the district superintendent of schools
or the district superintendents designee, including, but not limited to, the educational liaison for the
school district, shall also invite the pupils attorney and an appropriate representative of the county child
welfare agency to participate in the meeting. If the pupil or the pupils parent or guardian has requested a
meeting to challenge the original suspension pursuant to Section 48914, the purpose of the meeting shall
be to decide upon the extension of the suspension order under this section and may be held in
conjunction with the initial meeting on the merits of the suspension.
(h) For purposes of this section, a principals designee is one or more administrators at the schoolsite
specifically designated by the principal, in writing, to assist with disciplinary procedures.
In the event that there is not an administrator in addition to the principal at the schoolsite, a certificated
person at the schoolsite may be specifically designated by the principal, in writing, as a principals
designee, to assist with disciplinary procedures. The principal may designate only one person at a time
as the principals primary designee for the school year.
An additional person meeting the requirements of this subdivision may be designated by the principal, in
writing, to act for purposes of this article when both the principal and the principals primary designee are
absent from the schoolsite. The name of the person, and the names of any person or persons designated
as principals designee, shall be on file in the principals office.
This section is not an exception to, nor does it place any limitation on, Section 48903.
Page 18
48912.
(a) The governing board may suspend a pupil from school for any of the acts enumerated in Section
48900 for any number of schooldays within the limits prescribed by Section 48903.
(b) Notwithstanding the provisions of Section 35145 of this code and Section 54950 of the Government
Code, the governing board of a school district shall, unless a request has been made to the contrary, hold
closed sessions if the board is considering the suspension of, disciplinary action against, or any other
action against, except expulsion, any pupil, if a public hearing upon that question would lead to the giving
out of information concerning a school pupil which would be in violation of Article 5 (commencing with
Section 49073) of Chapter 6.5.
(c) Before calling a closed session to consider these matters, the governing board shall, in writing, by
registered or certified mail or by personal service, notify the pupil and the pupils parent or guardian, or
the pupil if the pupil is an adult, of the intent of the governing board to call and hold a closed session.
Unless the pupil or the pupils parent or guardian shall, in writing, within 48 hours after receipt of the
written notice of the boards intention, request that the hearing be held as a public meeting, the hearing to
consider these matters shall be conducted by the governing board in closed session. In the event that a
written request is served upon the clerk or secretary of the governing board, the meeting shall be public,
except that any discussion at that meeting which may be in conflict with the right to privacy of any pupil
other than the pupil requesting the public meeting, shall be in closed session.
48915.01.
48915.1.
(a) If the governing board of a school district receives a request from an individual who has been expelled
from another school district for an act other than those described in subdivision (a) or (c) of Section
48915, for enrollment in a school maintained by the school district, the board shall hold a hearing to
determine whether that individual poses a continuing danger either to the pupils or employees of the
school district. The hearing and notice shall be conducted in accordance with the rules and regulations
governing procedures for the expulsion of pupils as described in Section 48918. A school district may
request information from another school district regarding a recommendation for expulsion or the
expulsion of an applicant for enrollment. The school district receiving the request shall respond to the
request with all deliberate speed but shall respond no later than five working days from the date of the
receipt of the request.
(b) If a pupil has been expelled from his or her previous school for an act other than those listed in
subdivision (a) or (c) of Section 48915, the parent, guardian, or pupil, if the pupil is emancipated or
otherwise legally of age, shall, upon enrollment, inform the receiving school district of his or her status
with the previous school district. If this information is not provided to the school district and the school
district later determines the pupil was expelled from the previous school, the lack of compliance shall be
recorded and discussed in the hearing required pursuant to subdivision (a).
(c) The governing board of a school district may make a determination to deny enrollment to an individual
who has been expelled from another school district for an act other than those described in subdivision
(a) or (c) of Section 48915, for the remainder of the expulsion period after a determination has been
Page 19
made, pursuant to a hearing, that the individual poses a potential danger to either the pupils or
employees of the school district.
(d) The governing board of a school district, when making its determination whether to enroll an individual
who has been expelled from another school district for these acts, may consider the following options:
(1) Deny enrollment.
(2) Permit enrollment.
(3) Permit conditional enrollment in a regular school program or another educational program.
(e) Notwithstanding any other provision of law, the governing board of a school district, after a
determination has been made, pursuant to a hearing, that an individual expelled from another school
district for an act other than those described in subdivision (a) or (c) of Section 48915 does not pose a
danger to either the pupils or employees of the school district, shall permit the individual to enroll in a
school in the school district during the term of the expulsion, provided that he or she, subsequent to the
expulsion, either has established legal residence in the school district, pursuant to Section 48200, or has
enrolled in the school pursuant to an interdistrict agreement executed between the affected school
districts pursuant to Chapter 5 (commencing with Section 46600).
48916.
(a) An expulsion order shall remain in effect until the governing board, in the manner prescribed in this
article, orders the readmission of a pupil. At the time an expulsion of a pupil is ordered for an act other
than those described in subdivision (c) of Section 48915, the governing board shall set a date, not later
than the last day of the semester following the semester in which the expulsion occurred, when the pupil
shall be reviewed for readmission to a school maintained by the district or to the school the pupil last
attended. If an expulsion is ordered during summer session or the intersession period of a year-round
program the governing board shall set a date, not later than the last day of the semester following the
summer session or intersession period in which the expulsion occurred, when the pupil shall be reviewed
for readmission to a school maintained by the district or to the school the pupil last attended. For a pupil
who has been expelled pursuant to subdivision (c) of Section 48915, the governing board shall set a date
of one year from the date the expulsion occurred, when the pupil shall be reviewed for readmission to a
school maintained by the district, except that the governing board may set an earlier date for readmission
on a case-by-case basis.
(b) The governing board shall recommend a plan of rehabilitation for the pupil at the time of the expulsion
order,
(d) If the governing board denies the readmission of an expelled pupil pursuant to subdivision (c), the
governing board shall make a determination either to continue the placement of the pupil in the alternative
educational program initially selected for the pupil during the period of the expulsion order or to place the
pupil in another program that may include, but need not be limited to, serving expelled pupils, including
placement in a county community school.
(e) The governing board shall provide written notice to the expelled pupil and the pupils parent or
guardian describing the reasons for denying the pupil readmittance into the regular school district
program.
48917.
(b) The governing board shall apply the criteria for suspending the enforcement of the expulsion order
equally to all pupils, including individuals with exceptional needs as defined in Section 56026.
(c) During the period of the suspension of the expulsion order, the pupil is deemed to be on probationary
status.
Page 20
(d) The governing board may revoke the suspension of an expulsion order under this section if the pupil
commits any of the acts enumerated in Section 48900 or violates any of the districts rules and
regulations governing pupil conduct. When the governing board revokes the suspension of an expulsion
order, a pupil may be expelled under the terms of the original expulsion order.
(e) Upon satisfactory completion of the rehabilitation assignment of a pupil, the governing board shall
reinstate the pupil in a school of the district and may also order the expungement of any or all records of
the expulsion proceedings.
(f) A decision of the governing board to suspend an expulsion order does not affect the time period and
requirements for the filing of an appeal of the expulsion order with the county board of education required
under Section 48919. Any appeal shall be filed within 30 days of the original vote of the governing board.
48918.
The governing board of each school district shall establish rules and regulations governing procedures for
the expulsion of pupils. These procedures shall include, but are not necessarily limited to, all of the
following:
(a) The pupil shall be entitled to a hearing to determine whether the pupil should be expelled. An
expulsion hearing shall be held within 30 schooldays after the date the principal or the superintendent of
schools determines that the pupil has committed any of the acts enumerated in Section 48900, unless the
pupil requests, in writing, that the hearing be postponed. The adopted rules and regulations shall specify
that the pupil is entitled to at least one postponement of an expulsion hearing, for a period of not more
than 30 calendar days. Any additional postponement may be granted at the discretion of the governing
board.
Within 10 schooldays after the conclusion of the hearing, the governing board shall decide whether to
expel the pupil, unless the pupil requests in writing that the decision be postponed. If the hearing is held
by a hearing officer or an administrative panel, or if the district governing board does not meet on a
weekly basis, the governing board shall decide whether to expel the pupil within 40 schooldays after the
date of the pupils removal from his or her school of attendance for the incident for which the
recommendation for expulsion is made by the principal or the superintendent, unless the pupil requests in
writing that the decision be postponed.
If compliance by the governing board with the time requirements for the conducting of an expulsion
hearing under this subdivision is impracticable during the regular school year, the superintendent of
schools or the superintendents designee may, for good cause, extend the time period for the holding of
the expulsion hearing for an additional five schooldays. If compliance by the governing board with the
time requirements for the conducting of an expulsion hearing under this subdivision is impractical due to a
summer recess of governing board meetings of more than two weeks, the days during the recess period
shall not be counted as schooldays in meeting the time requirements. The days not counted as
schooldays in meeting the time requirements for an expulsion hearing because of a summer recess of
governing board meetings shall not exceed 20 schooldays, as defined in subdivision (c) of Section 48925,
and unless the pupil requests in writing that the expulsion hearing be postponed, the hearing shall be held
not later than 20 calendar days prior to the first day of school for the school year. Reasons for the
extension of the time for the hearing shall be included as a part of the record at the time the expulsion
hearing is conducted. Upon the commencement of the hearing, all matters shall be pursued and
conducted with reasonable diligence and shall be concluded without any unnecessary delay.
(b) Written notice of the hearing shall be forwarded to the pupil at least 10 calendar days prior to the date
of the hearing. The notice shall include all of the following:
(1) The date and place of the hearing.
(2) A statement of the specific facts and charges upon which the proposed expulsion is based.
Page 21
(3) A copy of the disciplinary rules of the district that relate to the alleged violation.
(4) A notice of the parent, guardian, or pupils obligation pursuant to subdivision (b) of Section 48915.1.
(5) Notice of the opportunity for the pupil or the pupils parent or guardian to appear in person or to be
represented by legal counsel or by a nonattorney adviser, to inspect and obtain copies of all documents
to be used at the hearing, to confront and question all witnesses who testify at the hearing, to question
all other evidence presented, and to present oral and documentary evidence on the pupils behalf,
including witnesses. In a hearing in which a pupil is alleged to have committed or attempted to commit a
sexual assault as specified in subdivision (n) of Section 48900 or committing a sexual battery as
defined in subdivision (n) of Section 48900, a complaining witness shall be given five days notice
before being called to testify, and shall be entitled to have up to two adult support persons, including,
but not limited to, a parent, guardian, or legal counsel, present during their testimony. Before a
complaining witness testifies, support persons shall be admonished that the hearing is confidential.
Nothing in this subdivision shall preclude the person presiding over an expulsion hearing from removing
a support person whom the presiding person finds is disrupting the hearing. If one or both of the
support persons is also a witness, the provisions of Section 868.5 of the Penal Code shall be followed
for the hearing. This section does not require a pupil or the pupils parent or guardian to be represented
by legal counsel or by a nonattorney adviser at the hearing.
(A) For purposes of this section, legal counsel means an attorney or lawyer who is admitted to the
practice of law in California and is an active member of the State Bar of California.
(B) For purposes of this section, nonattorney advisor means an individual who is not an attorney or
lawyer, but who is familiar with the facts of the case, and has been selected by the pupil or pupils
parent or guardian to provide assistance at the hearing.
(c) Notwithstanding Section 54593 of the Government Code and Section 35145, the governing board
shall conduct a hearing to consider the expulsion of a pupil in a session closed to the public, unless the
pupil requests, in writing, at least five days before the date of the hearing, that the hearing be conducted
at a public meeting. Regardless of whether the expulsion hearing is conducted in a closed or public
session, the governing board may meet in closed session for the purpose of deliberating and determining
whether the pupil should be expelled.
If the governing board or the hearing officer or administrative panel appointed under subdivision (d) to
conduct the hearing admits any other person to a closed deliberation session, the parent or guardian of
the pupil, the pupil, and the counsel of the pupil also shall be allowed to attend the closed deliberations.
If the hearing is to be conducted at a public meeting, and there is a charge of committing or attempting to
commit a sexual assault as defined in subdivision (n) of Section 48900 or committing a sexual battery as
defined in subdivision (n) of Section 48900, a complaining witness shall have the right to have his or her
testimony heard in a session closed to the public when testifying at a public meeting would threaten
serious psychological harm to the complaining witness and there are no alternative procedures to avoid
the threatened harm, including, but not limited to, videotaped deposition or contemporaneous
examination in another place communicated to the hearing room by means of closed-circuit television.
(d) Instead of conducting an expulsion hearing itself, the governing board may contract with the county
hearing officer, or with the Office of Administrative Hearings of the State of California pursuant to Chapter
14 (commencing with Section 27720) of Part 3 of Division 2 of Title 3 of the Government Code and
Section 35207, for a hearing officer to conduct the hearing. The governing board may also appoint an
impartial administrative panel of three or more certificated persons, none of whom is a member of the
board or employed on the staff of the school in which the pupil is enrolled. The hearing shall be
conducted in accordance with all of the procedures established under this section.
(e) Within three schooldays after the hearing, the hearing officer or administrative panel shall determine
whether to recommend the expulsion of the pupil to the governing board. If the hearing officer or
Page 22
administrative panel decides not to recommend expulsion, the expulsion proceedings shall be terminated
and the pupil immediately shall be reinstated and permitted to return to a classroom instructional
program, any other instructional program, a rehabilitation program, or any combination of these programs.
Placement in one or more of these programs shall be made by the superintendent of schools or the
superintendents designee after consultation with school district personnel, including the pupils teachers,
and the pupils parent or guardian. The decision not to recommend expulsion shall be final.
(f) If the hearing officer or administrative panel recommends expulsion, findings of fact in support of the
recommendation shall be prepared and submitted to the governing board. All findings of fact and
recommendations shall be based solely on the evidence adduced at the hearing. If the governing board
accepts the recommendation calling for expulsion, acceptance shall be based either upon a review of the
findings of fact and recommendations submitted by the hearing officer or panel or upon the results of any
supplementary hearing conducted pursuant to this section that the governing board may order.
The decision of the governing board to expel a pupil shall be based upon substantial evidence relevant to
the charges adduced at the expulsion hearing or hearings. Except as provided in this section, no
evidence to expel shall be based solely upon hearsay evidence. The governing board or the hearing
officer or administrative panel may, upon a finding that good cause exists, determine that the disclosure
of either the identity of a witness or the testimony of that witness at the hearing, or both, would subject the
witness to an unreasonable risk of psychological or physical harm. Upon this determination, the testimony
of the witness may be presented at the hearing in the form of sworn declarations which shall be examined
only by the governing board or the hearing officer or administrative panel. Copies of these sworn
declarations, edited to delete the name and identity of the witness, shall be made available to the pupil.
(g) A record of the hearing shall be made. The record may be maintained by any means, including
electronic recording, so long as a reasonably accurate and complete written transcription of the
proceedings can be made.
(h) Technical rules of evidence shall not apply to the hearing, but relevant evidence may be admitted and
given probative effect only if it is the kind of evidence upon which reasonable persons are accustomed to
rely in the conduct of serious affairs. A decision of the governing board to expel shall be supported by
substantial evidence showing that the pupil committed any of the acts enumerated in Section 48900.
In hearings which include an allegation of committing or attempting to commit a sexual assault as defined
in subdivision (n) of Section 48900 or committing a sexual battery as defined in subdivision (n) of Section
48900, evidence of specific instances, of a complaining witness prior sexual conduct is to be presumed
inadmissible and shall not be heard absent a determination by the person conducting the hearing that
extraordinary circumstances exist requiring the evidence be heard. Before the person conducting the
hearing makes the determination on whether extraordinary circumstances exist requiring that specific
instances of a complaining witness prior sexual conduct be heard, the complaining witness shall be
provided notice and an opportunity to present opposition to the introduction of the evidence. In the
hearing on the admissibility of the evidence, the complaining witness shall be entitled to be represented
by a parent, guardian, legal counsel, or other support person. Reputation or opinion evidence regarding
the sexual behavior of the complaining witness is not admissible for any purpose.
(i) (1) Before the hearing has commenced, the governing board may issue subpoenas at the request of
either the superintendent of schools or the superintendents designee or the pupil, for the personal
appearance of percipient witnesses at the hearing. After the hearing has commenced, the governing
board or the hearing officer or administrative panel may, upon request of either the county
superintendent of schools or the superintendents designee or the pupil, issue subpoenas. All
subpoenas shall be issued in accordance with Sections 1985, 1985.1, and 1985.2 of the Code of Civil
Procedure. Enforcement of subpoenas shall be done in accordance with Section 11455.20 of the
Government Code.
Page 23
(2) Any objection raised by the superintendent of schools or the superintendents designee or the pupil
to the issuance of subpoenas may be considered by the governing board in closed session, or in open
session, if so requested by the pupil before the meeting. Any decision by the governing board in
response to an objection to the issuance of subpoenas shall be final and binding.
(3) If the governing board, hearing officer, or administrative panel determines, in accordance with
subdivision (f), that a percipient witness would be subject to an unreasonable risk of harm by testifying
at the hearing, a subpoena shall not be issued to compel the personal attendance of that witness at the
hearing. However, that witness may be compelled to testify by means of a sworn declaration as
provided for in subdivision (f).
(4) Service of process shall be extended to all parts of the state and shall be served in accordance with
Section 1987 of the Code of Civil Procedure. All witnesses appearing pursuant to subpoena, other than
the parties or officers or employees of the state or any political subdivision thereof, shall receive fees,
and all witnesses appearing pursuant to subpoena, except the parties, shall receive mileage in the
same amount and under the same circumstances as prescribed for witnesses in civil actions in a
superior court. Fees and mileage shall be paid by the party at whose request the witness is
subpoenaed.
(j) Whether an expulsion hearing is conducted by the governing board or before a hearing officer or
administrative panel, final action to expel a pupil shall be taken only by the governing board in a public
session. Written notice of any decision to expel or to suspend the enforcement of an expulsion order
during a period of probation shall be sent by the superintendent of schools or his or her designee to the
pupil or the pupils parent or guardian and shall be accompanied by all of the following:
(1) Notice of the right to appeal the expulsion to the county board of education.
(2) Notice of the education alternative placement to be provided to the pupil during the time of
expulsion.
(3) Notice of the obligation of the parent, guardian, or pupil under subdivision (b) of Section 48915.1,
upon the pupils enrollment in a new school district, to inform that district of the pupils expulsion.
(k) The governing board shall maintain a record of each expulsion, including the cause therefor. Records
of expulsions shall be a nonprivileged, disclosable public record.
The expulsion order and the causes therefor shall be recorded in the pupils mandatory interim record and
shall be forwarded to any school in which the pupil subsequently enrolls upon receipt of a request from
the admitting school for the pupils school records.
48918.1.
(a) If the decision to recommend expulsion is a discretionary act and the pupil is a foster child, as defined
in Section 48853.5, the governing board of the school district shall provide notice of the expulsion hearing
to the pupils attorney and an appropriate representative of the county child welfare agency at least 10
calendar days before the date of the hearing. The notice may be made using the most cost-effective
method possible, which may include, but is not limited to, electronic mail or a telephone call.
(b) If a recommendation of expulsion is required and the pupil is a foster child, as defined in Section
48853.5, the governing board of the school district may provide notice of the expulsion hearing to the
pupils attorney and an appropriate representative of the county child welfare agency at least 10 calendar
days before the date of the hearing. The notice may be made using the most cost-effective method
possible, which may include, but is not limited to, electronic mail or a telephone call.
Page 24
48918.5.
In expulsion hearings involving allegations brought pursuant to subdivision (n) of Section 48900, the
governing board of each school district shall establish rules and regulations governing procedures. The
procedures shall include, but are not limited to, all of the following:
(a) At the time that the expulsion hearing is recommended, the complaining witness shall be provided
with a copy of the applicable disciplinary rules and advised of his or her right to: (1) receive five days
notice of the complaining witnesss scheduled testimony at the hearing, (2) have up to two adult support
persons of his or her choosing, present in the hearing at the time he or she testifies; and (3) to have the
hearing closed during the time they testify pursuant to subdivision (c) of Section 48918.
(b) An expulsion hearing may be postponed for one schoolday in order to accommodate the special
physical, mental, or emotional needs of a pupil who is the complaining witness where the allegations
arise under subdivision (n) of Section 48900.
(c) The district shall provide a nonthreatening environment for a complaining witness in order to better
enable them to speak freely and accurately of the experiences that are the subject of the expulsion
hearing, and to prevent discouragement of complaints. Each school district shall provide a room
separate from the hearing room for the use of the complaining witness prior to and during breaks in
testimony. In the discretion of the person conducting the hearing, the complaining witness shall be
allowed reasonable periods of relief from examination and cross-examination during which he or she
may leave the hearing room. The person conducting the hearing may arrange the seating within the
hearing room of those present in order to facilitate a less intimidating environment for the complaining
witness. The person conducting the hearing may limit the time for taking the testimony of a complaining
witness to the hours he or she is normally in school, if there is no good cause to take the testimony
during other hours. The person conducting the hearing may permit one of the complaining witnesss
support persons to accompany him or her to the witness stand.
(d) Whenever any allegation is made of conduct violative of subdivision (n) of Section 48900,
complaining witnesses and accused pupils are to be advised immediately to refrain from personal or
telephonic contact with each other during the pendency of any expulsion process.
48918.6.
In addition to any other immunity that may exist, any testimony provided by a pupil witness in an
expulsion hearing conducted pursuant to this article is expressly deemed to be a communication
protected by subdivision (b) of Section 47 of the Civil Code.
48919.
If a pupil is expelled from school, the pupil or the pupils parent or guardian may, within 30 days following
the decision of the governing board to expel, file an appeal to the county board of education which shall
hold a hearing thereon and render its decision.
The county board of education, or in a class 1 or class 2 county a hearing officer or impartial
administrative panel, shall hold the hearing within 20 schooldays following the filing of a formal request
under this section. If the county board of education hears the appeal without a hearing conducted
pursuant to Section 48919.5, then the board shall render a decision within three schooldays of the
hearing conducted pursuant to Section 48920, unless the pupil requests a postponement.
The period within which an appeal is to be filed shall be determined from the date a governing board
votes to expel even if enforcement of the expulsion action is suspended and the pupil is placed on
probation pursuant to Section 48917. A pupil who fails to appeal the original action of the board within the
prescribed time may not subsequently appeal a decision of the board to revoke probation and impose the
original order of expulsion.
Page 25
The county board of education shall adopt rules and regulations establishing procedures for expulsion
appeals conducted under this section. If the county board of education in a class 1 or class 2 county
elects to use the procedures in Section 48919.5, then the board shall adopt rules and regulations
establishing procedures for expulsion appeals conducted under Section 48919.5. The adopted rules and
regulations shall include, but need not be limited to, the requirements for filing a notice of appeal, the
setting of a hearing date, the furnishing of notice to the pupil and the governing board regarding the
appeal, the furnishing of a copy of the expulsion hearing record to the county board of education,
procedures for the conduct of the hearing, and the preservation of the record of the appeal.
The pupil shall submit a written request for a copy of the written transcripts and supporting documents
from the school district simultaneously with the filing of the notice of appeal with the county board of
education. The school district shall provide the pupil with the transcriptions, supporting documents, and
records within 10 schooldays following the pupils written request. Upon receipt of the records, the pupil
shall immediately file suitable copies of these records with the county board of education.
48919.5.
(a) A county board of education in a class 1 or class 2 county may have a hearing officer pursuant to
Chapter 14 (commencing with Section 27720) of Part 3 of Title 3 of the Government Code, or an impartial
administrative panel of three or more certificated persons appointed by the county board of education,
hear appeals filed pursuant to Section 48919. The members of the impartial administrative panel shall not
be members of the governing board of the school district nor employees of the school district, from which
the pupil filing the appeal was expelled. Neither the hearing officer, nor any member of the administrative
panel, hearing a pupils appeal shall have been the hearing officer or a member of the administrative
panel that conducted the pupils expulsion hearing.
(b) A hearing conducted pursuant to this section shall not issue a final order of the county board. The
hearing officer or impartial administrative panel shall prepare a recommended decision, including any
findings or conclusions required for that decision, and shall submit that recommendation and the record to
the county board of education within three schooldays of hearing the appeal.
(c) Sections 48919, 48920, 48921, 48922, 48923, and 48925 are applicable to a hearing conducted
pursuant to this section.
(d) Within 10 schooldays of receiving the recommended decision and record from the hearing officer or
the impartial administrative panel, the county board of education shall review the recommended decision
and record and render a final order of the board.
(e) For purposes of this article, the following definitions shall apply:
(1) Countywide ADA means the aggregate number of annual units of regular average daily attendance
for the fiscal year in all school districts within the county.
(2) Class 1 county means a county with 1994/95 countywide ADA of more than 500,000.
(3) Class 2 county means a county with 1994/95 countywide ADA of at least 180,000 but less than
500,000.
48920.
Notwithstanding the provisions of Section 54950 of the Government Code and Section 35145 of this
code, the county board of education shall hear an appeal of an expulsion order in closed session, unless
the pupil requests, in writing, at least five days prior to the date of the hearing, that the hearing be
conducted in a public meeting. Upon the timely submission of a request for a public meeting, the county
board of education shall be required to honor the request. Whether the hearing is conducted in closed or
public session, the county board may meet in closed session for the purpose of deliberations. If the
Page 26
county board admits any representative of the pupil or the school district, the board shall, at the same
time, admit representatives from the opposing party.
48921.
The county board of education shall determine the appeal from a pupil expulsion upon the record of the
hearing before the district governing board, together with such applicable documentation or regulations as
may be ordered. No evidence other than that contained in the record of the proceedings of the school
board may be heard unless a de novo proceeding is granted as provided in Section 48923.
It shall be the responsibility of the pupil to submit a written transcription for review by the county board.
The cost of the transcript shall be borne by the pupil except in either of the following situations:
(1) Where the pupils parent or guardian certifies to the school district that he or she cannot reasonably
afford the cost of the transcript because of limited income or exceptional necessary expenses, or both.
(2) In a case in which the county board reverses the decision of the local governing board, the county
board shall require that the local board reimburse the pupil for the cost of such transcription.
48922.
(a) The review by the county board of education of the decision of the governing board shall be limited to
the following questions:
(1) Whether the governing board acted without or in excess of its jurisdiction.
(2) Whether there was a fair hearing before the governing board.
(3) Whether there was a prejudicial abuse of discretion in the hearing.
(4) Whether there is relevant and material evidence which, in the exercise of reasonable diligence,
could not have been produced or which was improperly excluded at the hearing before the governing
board.
(b) As used in this section, a proceeding without or in excess of jurisdiction includes, but is not limited to,
a situation where an expulsion hearing is not commenced within the time periods prescribed by this
article, a situation where an expulsion order is not based upon the acts enumerated in Section 48900, or
a situation involving acts not related to school activity or attendance.
(c) For purposes of this section, an abuse of discretion is established in any of the following situations:
(1) If school officials have not met the procedural requirements of this article.
(2) If the decision to expel a pupil is not supported by the findings prescribed by Section 48915.
(3) If the findings are not supported by the evidence.
A county board of education may not reverse the decision of a governing board to expel a pupil based
upon a finding of an abuse of discretion unless the county board of education also determines that the
abuse of discretion was prejudicial.
48923.
The decision of the county board shall be limited as follows:
(a) If the county board finds that relevant and material evidence exists which, in the exercise of
reasonable diligence, could not have been produced or which was improperly excluded at the hearing
before the governing board, it may do either of the following:
(1) Remand the matter to the governing board for reconsideration and may in addition order the pupil
reinstated pending the reconsideration.
Page 27
(2) Grant a hearing de novo upon reasonable notice thereof to the pupil and to the governing board.
The hearing shall be conducted in conformance with the rules and regulations adopted by the county
board under Section 48919.
(b) If the county board determines that the decision of the governing board is not supported by the
findings required to be made by Section 48915, but evidence supporting the required findings exists in
the record of the proceedings, the county board shall remand the matter to the governing board for
adoption of the required findings. This remand for the adoption and inclusion of the required findings
shall not result in an additional hearing pursuant to Section 48918, except that final action to expel the
pupil based on the revised findings of fact shall meet all requirements of subdivisions (j) and (k) of
Section 48918.
(c) In all other cases, the county board shall enter an order either affirming or reversing the decision of
the governing board. In any case in which the county board enters a decision reversing the local board,
the county board may direct the local board to expunge the record of the pupil and the records of the
district of any references to the expulsion action and the expulsion shall be deemed not to have
occurred.
48924.
The decision of the county board of education shall be final and binding upon the pupil and upon the
governing board of the school district. The pupil and the governing board shall be notified of the final
order of the county board, in writing, either by personal service or by certified mail. The order shall
become final when rendered.
STATUTES
48910.
class and the principal.
(b) A pupil suspended from a class shall not be placed in another regular class during the period of
suspension. However, if the pupil is assigned to more than one class per day this subdivision shall apply
only to other regular classes scheduled at the same time as the class from which the pupil was
suspended.
48911.1.
Page 28
(b) Pupils assigned to a supervised suspension classroom shall be separated from other pupils at the
schoolsite for the period of suspension in a separate classroom, building, or site for pupils under
suspension.
(c) School districts may continue to claim apportionments for each pupil assigned to and attending a
supervised suspension classroom provided as follows:
(1) The supervised suspension classroom is staffed as otherwise provided by law.
(2) Each pupil has access to appropriate counseling services.
(3) The supervised suspension classroom promotes completion of schoolwork and tests missed by the
pupil during the suspension.
(4) Each pupil is responsible for contacting his or her teacher or teachers to receive assignments to be
completed while the pupil is assigned to the supervised suspension classroom. The teacher shall
provide all assignments and tests that the pupil will miss while suspended. If no classroom work is
assigned, the person supervising the suspension classroom shall assign schoolwork.
(d) At the time a pupil is assigned to a supervised suspension classroom, a school employee shall notify,
in person or by telephone, the pupils parent or guardian. Whenever a pupil is assigned to a supervised
suspension classroom for longer than one class period, a school employee shall notify, in writing, the
pupils parent or guardian.
(e) This section does not place any limitation on a school districts ability to transfer a pupil to an
opportunity school or class or a continuation education school or class.
(f) Apportionments claimed by a school district for pupils assigned to supervised suspension shall be
used specifically to mitigate the cost of implementing this section.
48911.2.
(1) Implement the supervised suspension program described in Section 48911.1.

STATUTES
48913.
The teacher of any class from which a pupil is suspended may require the suspended pupil to complete
any assignments and tests missed during the suspension.
48915.1.
(a) If the governing board of a school district receives a request from an individual who has been expelled
from another school district for an act other than those described in subdivision (a) or (c) of Section
48915, for enrollment in a school maintained by the school district, the board shall hold a hearing to
determine whether that individual poses a continuing danger either to the pupils or employees of the
school district. The hearing and notice shall be conducted in accordance with the rules and regulations
governing procedures for the expulsion of pupils as described in Section 48918. A school district may
Page 29
request information from another school district regarding a recommendation for expulsion or the
expulsion of an applicant for enrollment. The school district receiving the request shall respond to the
request with all deliberate speed but shall respond no later than five working days from the date of the
receipt of the request.
(b) If a pupil has been expelled from his or her previous school for an act other than those listed in
subdivision (a) or (c) of Section 48915, the parent, guardian, or pupil, if the pupil is emancipated or
otherwise legally of age, shall, upon enrollment, inform the receiving school district of his or her status
with the previous school district. If this information is not provided to the school district and the school
district later determines the pupil was expelled from the previous school, the lack of compliance shall be
recorded and discussed in the hearing required pursuant to subdivision (a).
(c) The governing board of a school district may make a determination to deny enrollment to an individual
who has been expelled from another school district for an act other than those described in subdivision
(a) or (c) of Section 48915, for the remainder of the expulsion period after a determination has been
made, pursuant to a hearing, that the individual poses a potential danger to either the pupils or
employees of the school district.
(d) The governing board of a school district, when making its determination whether to enroll an individual
who has been expelled from another school district for these acts, may consider the following options:
(1) Deny enrollment.
(2) Permit enrollment.
(3) Permit conditional enrollment in a regular school program or another educational program.
(e) Notwithstanding any other provision of law, the governing board of a school district, after a
determination has been made, pursuant to a hearing, that an individual expelled from another school
district for an act other than those described in subdivision (a) or (c) of Section 48915 does not pose a
danger to either the pupils or employees of the school district, shall permit the individual to enroll in a
school in the school district during the term of the expulsion, provided that he or she, subsequent to the
expulsion, either has established legal residence in the school district, pursuant to Section 48200, or has
enrolled in the school pursuant to an interdistrict agreement executed between the affected school
districts pursuant to Chapter 5 (commencing with Section 46600).
48915.2.
(a) A pupil expelled from school for any of the offenses listed in subdivision (a) or (c) of Section 48915,
shall not be permitted to enroll in any other school or school district during the period of expulsion unless
it is a county community school pursuant to subdivision (c) of Section 1981, or a juvenile court school, as
described in Section 48645.1, or a community day school pursuant to Article 3 (commencing with Section
48660) of Chapter 4 of Part 27.
(b) After a determination has been made, pursuant to a hearing under Section 48918, that an individual
expelled from another school district for any act described in subdivision (a) or (c) of Section 48915 does
not pose a danger to either the pupils or employees of the school district, the governing board of a school
district may permit the individual to enroll in the school district after the term of expulsion, subject to one
of the following conditions:
(1) He or she has established legal residence in the school district, pursuant to Section 48200.
(2) He or she is enrolled in the school pursuant to an interdistrict agreement executed between the
affected school districts pursuant to Chapter 5 (commencing with Section 46600) of Part 26.
Page 30
48916.
(a) An expulsion order shall remain in effect until the governing board, in the manner prescribed in this
article, orders the readmission of a pupil. At the time an expulsion of a pupil is ordered for an act other
than those described in subdivision (c) of Section 48915, the governing board shall set a date, not later
than the last day of the semester following the semester in which the expulsion occurred, when the pupil
shall be reviewed for readmission to a school maintained by the district or to the school the pupil last
attended. If an expulsion is ordered during summer session or the intersession period of a year-round
program the governing board shall set a date, not later than the last day of the semester following the
summer session or intersession period in which the expulsion occurred, when the pupil shall be reviewed
for readmission to a school maintained by the district or to the school the pupil last attended. For a pupil
who has been expelled pursuant to subdivision (c) of Section 48915, the governing board shall set a date
of one year from the date the expulsion occurred, when the pupil shall be reviewed for readmission to a
school maintained by the district, except that the governing board may set an earlier date for readmission
(c) The governing board of each school district shall adopt rules and regulations establishing a procedure
for the filing and processing of requests for readmission and the process for the required review of all
expelled pupils for readmission. Upon completion of the readmission process, the governing board shall
readmit the pupil, unless the governing board makes a finding that the pupil has not met the conditions of
the rehabilitation plan or continues to pose a danger to campus safety or to other pupils or employees of
the school district. A description of the procedure shall be made available to the pupil and the pupils
parent or guardian at the time the expulsion order is entered.
48916.5.
The governing board may require a pupil who is expelled from school for reasons relating to controlled
substances, as defined in Sections 11054 to 11058, inclusive, of the Health and Safety Code, or alcohol,
prior to returning to school to enroll in a county-supported drug rehabilitation program. No pupil shall be
required to enroll in a rehabilitation program pursuant to this section without the consent of his or her
parent or guardian.

STATUTES
49001.
(a) For the purposes of this section corporal punishment means the willful infliction of, or willfully causing
the infliction of, physical pain on a pupil. An amount of force that is reasonable and necessary for a
person employed by or engaged in a public school to quell a disturbance threatening physical injury to
persons or damage to property, for purposes of self-defense, or to obtain possession of weapons or other
dangerous objects within the control of the pupil, is not and shall not be construed to be corporal
punishment within the meaning and intent of this section. Physical pain or discomfort caused by athletic
competition or other such recreational activity, voluntarily engaged in by the pupil, is not and shall not be
construed to be corporal punishment within the meaning and intent of this section.
(b) No person employed by or engaged in a public school shall inflict, or cause to be inflicted corporal
punishment upon a pupil. Every resolution, bylaw, rule, ordinance, or other act or authority permitting or
authorizing the infliction of corporal punishment upon a pupil attending a public school is void and
unenforceable.
Page 31
56520.
(a) The Legislature finds and declares all of the following:
(1) That the state has continually sought to provide an appropriate and meaningful educational program
in a safe and healthy environment for all children regardless of possible physical, mental, or emotionally
disabling conditions.
(2) That some schoolage individuals with exceptional needs have significant behavioral challenges that
have an adverse impact on their learning or the learning of other pupils, or both.
(3) That Section 1400(c)(5)(F) of Title 20 of the United States Code states that research and experience
demonstrate that the education of children with disabilities can be made more effective by providing
incentives for positive behavioral interventions and supports to address the learning and behavioral
needs of those children.
(4) That procedures for the elimination of maladaptive behaviors shall not include those deemed
unacceptable under Section 49001 or those that cause pain or trauma.
(b) It is the intent of the Legislature:
(1) That children exhibiting serious behavioral challenges receive timely and appropriate assessments
and positive supports and interventions in accordance with the federal Individuals with Disabilities
Education Act (20 U.S.C. Sec. 1400 et seq.) and its implementing regulations.
(2) That assessments and positive behavioral interventions and supports be developed and
implemented in a manner informed by guidance from the United States Department of Education and
technical assistance centers sponsored by the Office of Special Education Programs of the United
States Department of Education.
(3) That when behavioral interventions, supports, and other strategies are used, they be used in
consideration of the pupils physical freedom and social interaction, be administered in a manner that
respects human dignity and personal privacy, and that ensure a pupils right to placement in the least
restrictive educational environment.
(4) That behavioral intervention plans be developed and used, to the extent possible, in a consistent
manner when the pupil is also the responsibility of another agency for residential care or related
services.
(5) That training programs be developed and implemented in institutions of higher education that train
teachers and that in-service training programs be made available as necessary in school districts and
county offices of education to ensure that adequately trained staff are available to work effectively with
the behavioral intervention needs of individuals with exceptional needs.
56521.
(a) This chapter applies to any individual with exceptional needs who is in a public school program,
including a state school for the disabled pursuant to Part 32 (commencing with Section 59000), or who is
placed in a nonpublic school program pursuant to Sections 56365 to 56366.5, inclusive.
(b) The Superintendent of Public Instruction shall monitor and supervise the implementation of this
chapter.
56521.1.
(a) Emergency interventions may only be used to control unpredictable, spontaneous behavior that poses
clear and present danger of serious physical harm to the individual with exceptional needs, or others, and
that cannot be immediately prevented by a response less restrictive than the temporary application of a
technique used to contain the behavior.
Page 32
(b) Emergency interventions shall not be used as a substitute for the systematic behavioral intervention
plan that is designed to change, replace, modify, or eliminate a targeted behavior.
(c) No emergency intervention shall be employed for longer than is necessary to contain the behavior. A
situation that requires prolonged use of an emergency intervention shall require the staff to seek
assistance of the schoolsite administrator or law enforcement agency, as applicable to the situation.
(d) Emergency interventions shall not include:
(1) Locked seclusion, unless it is in a facility otherwise licensed or permitted by state law to use a
locked room.
(2) Employment of a device, material, or objects that simultaneously immobilize all four extremities,
except that techniques such as prone containment may be used as an emergency intervention by staff
trained in those procedures.
(3) An amount of force that exceeds that which is reasonable and necessary under the circumstances.
(e) To prevent emergency interventions from being used in lieu of planned, systematic behavioral
interventions, the parent, guardian, and residential care provider, if appropriate, shall be notified within
one schoolday if an emergency intervention is used or serious property damage occurs. A behavioral
emergency report shall immediately be completed and maintained in the file of the individual with
exceptional needs. The behavioral emergency report shall include all of the following:
(1) The name and age of the individual with exceptional needs.
(2) The setting and location of the incident.
(3) The name of the staff or other persons involved.
(4) A description of the incident and the emergency intervention used, and whether the individual with
exceptional needs is currently engaged in any systematic behavioral intervention plan.
(5) Details of any injuries sustained by the individual with exceptional needs, or others, including staff,
as a result of the incident.
(f) All behavioral emergency reports shall immediately be forwarded to, and reviewed by, a designated
responsible administrator.
(g) If a behavioral emergency report is written regarding an individual with exceptional needs who does
not have a behavioral intervention plan, the designated responsible administrator shall, within two days,
schedule an individualized education program (IEP) team meeting to review the emergency report, to
determine the necessity for a functional behavioral assessment, and to determine the necessity for an
interim plan. The IEP team shall document the reasons for not conducting the functional behavioral
assessment, not developing an interim plan, or both.
(h) If a behavioral emergency report is written regarding an individual with exceptional needs who has a
positive behavioral intervention plan, an incident involving a previously unseen serious behavior problem,
or where a previously designed intervention is ineffective, shall be referred to the IEP team to review and
determine if the incident constitutes a need to modify the positive behavioral intervention plan.
56521.2.
(a) A local educational agency or nonpublic, nonsectarian school or agency serving individuals with
exceptional needs pursuant to Sections 56365 and 56366, shall not authorize, order, consent to, or pay
for the following interventions, or any other interventions similar to or like the following:
(1) Any intervention that is designed to, or likely to, cause physical pain, including, but not limited to,
electric shock.
(2) An intervention that involves the release of noxious, toxic, or otherwise unpleasant sprays, mists, or
substances in proximity to the face of the individual.
Page 33
(3) An intervention that denies adequate sleep, food, water, shelter, bedding, physical comfort, or
access to bathroom facilities.
(4) An intervention that is designed to subject, used to subject, or likely to subject, the individual to
verbal abuse, ridicule, or humiliation, or that can be expected to cause excessive emotional trauma.
(5) Restrictive interventions that employ a device, material, or objects that simultaneously immobilize all
four extremities, including the procedure known as prone containment, except that prone containment
or similar techniques may be used by trained personnel as a limited emergency intervention.
(6) Locked seclusion, unless it is in a facility otherwise licensed or permitted by state law to use a
locked room.
(7) An intervention that precludes adequate supervision of the individual.
(8) An intervention that deprives the individual of one or more of his or her senses.
(b) In the case of a child whose behavior impedes the childs learning or that of others, the individualized
education program team shall consider the use of positive behavioral interventions and supports, and
other strategies, to address that behavior, consistent with Section 1414(d)(3)(B)(i) and (d)(4) of Title 20 of
the United States Code and associated federal regulations.
56524.
The superintendent shall explore with representatives of institutions of higher education and the
Commission on Teacher Credentialing, the current training requirements for teachers to ensure that
sufficient training is available in appropriate behavioral interventions for people entering the field of
education.
STATUTES
48268.
The court, in addition to any judgment it may make regarding the pupil, may render judgment that the
parent, guardian, or person having the control or charge of the pupil shall deliver him at the beginning of
each schoolday, for the remainder of the school term, at the school from which he is a truant, or in which
he has been insubordinate or disorderly during attendance, or to a school designated by school
authorities.
48903.
(a) Except as provided in subdivision (g) of Section 48911 and in Section 48912, the total number of days
for which a pupil may be suspended from school shall not exceed 20 schooldays in any school year,
unless for purposes of adjustment, a pupil enrolls in or is transferred to another regular school, an
opportunity school or class, or a continuation education school or class, in which case the total number of
schooldays for which the pupil may be suspended shall not exceed 30 days in any school year.
(b) For the purposes of this section, a school district may count suspensions that occur while a pupil is
enrolled in another school district toward the maximum number of days for which a pupil may be
suspended in any school year.
48910.
(b) A pupil suspended from a class shall not be placed in another regular class during the period of
suspension. However, if the pupil is assigned to more than one class per day this subdivision shall apply
Page 34
only to other regular classes scheduled at the same time as the class from which the pupil was
suspended.
48911.1.
(e) This section does not place any limitation on a school districts ability to transfer a pupil to an
opportunity school or class or a continuation education school or class.
48915.
(d) The governing board of a school district shall order a pupil expelled upon finding that the pupil
committed an act listed in subdivision (c), and shall refer that pupil to a program of study that meets all of
the following conditions:
(1) Is appropriately prepared to accommodate pupils who exhibit discipline problems.
(2) Is not provided at a comprehensive middle, junior, or senior high school, or at any elementary
school.
(3) Is not housed at the schoolsite attended by the pupil at the time of suspension.
conduct.
(f) The governing board of a school district shall refer a pupil who has been expelled pursuant to
subdivision (b) or (e) to a program of study that meets all of the conditions specified in subdivision (d).
Notwithstanding this subdivision, with respect to a pupil expelled pursuant to subdivision (e), if the county
superintendent of schools certifies that an alternative program of study is not available at a site away from
a comprehensive middle, junior, or senior high school, or an elementary school, and that the only option
for placement is at another comprehensive middle, junior, or senior high school, or another elementary
school, the pupil may be referred to a program of study that is provided at a comprehensive middle,
junior, or senior high school, or at an elementary school.
48915.01.
Page 35
48915.2.
(a) A pupil expelled from school for any of the offenses listed in subdivision (a) or (c) of Section 48915,
shall not be permitted to enroll in any other school or school district during the period of expulsion unless
it is a county community school pursuant to subdivision (c) of Section 1981, or a juvenile court school, as
described in Section 48645.1, or a community day school pursuant to Article 3 (commencing with Section
48660) of Chapter 4 of Part 27.
48915.5.
(a) An individual with exceptional needs, as defined in Section 56026, may be suspended or expelled
from school in accordance with Section 1415(k) of Title 20 of the United States Code, the discipline
provisions contained in Sections 300.530 to 300.537, inclusive, of Title 34 of the Code of Federal
Regulations, and other provisions of this part that do not conflict with federal law and regulations.
(b) A free appropriate public education for individuals with exceptional needs suspended or expelled from
school shall be in accordance with Section 1412(a)(1) of Title 20 of the United States Code and Section
300.530(d) of Title 34 of the Code of Federal Regulations.
(c) If an individual with exceptional needs is excluded from schoolbus transportation, the pupil is entitled
to be provided with an alternative form of transportation at no cost to the pupil or parent or guardian
provided that transportation is specified in the pupils individualized education program.
(d) If the individual with exceptional needs is a foster child, as defined in Section 48853.5, and the local
educational agency has proposed a change of placement due to an act for which a decision to
recommend expulsion is at the discretion of the principal or the district superintendent of schools, the
attorney for the individual with exceptional needs and an appropriate representative of the county child
welfare agency shall be invited to participate in the individualized education program team meeting that
makes a manifestation determination pursuant to Section 1415(k) of Title 20 of the United States Code.
The invitation may be made using the most cost-effective method possible, which may include, but is not
limited to, electronic mail or a telephone call.
48916.
48916.1.
(a) At the time an expulsion of a pupil is ordered, the governing board of the school district shall ensure
that an educational program is provided to the pupil who is subject to the expulsion order for the period of
the expulsion. Except for pupils expelled pursuant to subdivision (d) of Section 48915, the governing
board of a school district is required to implement the provisions of this section only to the extent funds
are appropriated for this purpose in the annual Budget Act or other legislation, or both.
(b) Notwithstanding any other provision of law, any educational program provided pursuant to subdivision
(a) may be operated by the school district, the county superintendent of schools, or a consortium of
districts or in joint agreement with the county superintendent of schools.
(c) Any educational program provided pursuant to subdivision (b) may not be situated within or on the
grounds of the school from which the pupil was expelled.
(d) If the pupil who is subject to the expulsion order was expelled from any of kindergarten or grades 1 to
6, inclusive, the educational program provided pursuant to subdivision (b) may not be combined or
Page 36
merged with educational programs offered to pupils in any of grades 7 to 12, inclusive. The district or
county program is the only program required to be provided to expelled pupils as determined by the
governing board of the school district. This subdivision, as it relates to the separation of pupils by grade
levels, does not apply to community day schools offering instruction in any of kindergarten and grades 1
to 8, inclusive, and established in accordance with Section 48660.
(f) If the county superintendent of schools is unable for any reason to serve the expelled pupils of a
school district within the county, the governing board of that school district may enter into an agreement
with a county superintendent of schools in another county to provide education services for the districts
expelled pupils.
48926.
The plan shall enumerate existing educational alternatives for expelled pupils, identify gaps in educational
services to expelled pupils, and strategies for filling those service gaps. The plan shall also identify
alternative placements for pupils who are expelled and placed in district community day school programs,
but who fail to meet the terms and conditions of their rehabilitation plan or who pose a danger to other
district pupils, as determined by the governing board.
Page 37

Conditions
STATUTES
48900.
(m) Possessed an imitation firearm. As used in this section, imitation firearm means a replica of a
firearm that is so substantially similar in physical properties to an existing firearm as to lead a
reasonable person to conclude that the replica is a firearm.
48915.
conduct:
(1) Possessing, selling, or otherwise furnishing a firearm. This subdivision does not apply to an act of
possessing a firearm if the pupil had obtained prior written permission to possess the firearm from a
certificated school employee, which is concurred in by the principal or the designee of the principal.
This subdivision applies to an act of possessing a firearm only if the possession is verified by an
employee of a school district. The act of possessing an imitation firearm, as defined in subdivision (m)
of Section 48900, is not an offense for which suspension or expulsion is mandatory pursuant to this
subdivision and subdivision (d), but it is an offense for which suspension, or expulsion pursuant to
subdivision (e), may be imposed.
48915.7.
It is the intent of the Legislature that where community school opportunities exist, the principal shall
recommend for expulsion, and the governing board shall expel, any pupil who is found to be in
possession of a firearm at school or at a school activity off school grounds and that the governing board
shall request the county board of education to enroll the pupil in a community school.
Page 38
Other weapons
STATUTES
48900.
48915.
conduct:
(2) Brandishing a knife at another person.
(g) As used in this section, knife means any dirk, dagger, or other weapon with a fixed, sharpened blade
fitted primarily for stabbing, a weapon with a blade fitted primarily for stabbing, a weapon with a blade
longer than 31/2 inches, a folding knife with a blade that locks into place, or a razor with an unguarded
blade.
49330.
(a) (1) As used in this article injurious object shall mean those objects specified in the following sections:
(A) Section 16250 of the Penal Code.
(B) Subdivisions (a) to (d), inclusive of Section 16520 of the Penal Code.
(C) Section 16590 of the Penal Code.
(D) Section 16880 of the Penal Code.
(E) Section 17235 of the Penal Code.
(F) Section 17240 of the Penal Code.
(G) Section 17250 of the Penal Code.
(2) As used in this article, injurious object shall also mean objects capable of inflicting substantial
bodily damage, not necessary for the academic purpose of the pupil.
(b) As used in this section, academic purpose means any school sponsored activity or class of
instruction scheduled during the schoolday.
Page 39
(c) Injurious object does not include any personal possessions or items of apparel which a schoolage
child reasonably may be expected either to have in his or her possession or to wear.
(Amended by Stats. 2011, Ch. 285, Sec. 5. Effective January 1, 2012.)
49331.
Any certificated employee of any school district and any classified employee of a school district who is
designated by the governing board for such purposes may take from the personal possession of any pupil
upon school premises or while under the authority of school personnel any injurious object in the
possession of the pupil.
49332.
School personnel may retain protective possession of any injurious object taken pursuant to this section
until the risk of its use as a weapon has dissipated, unless prior to dissipation of the risk, the parent or
guardian requests that the school personnel retain the object, in which case, the school personnel shall
retain the object until the parent or guardian or another adult with the written consent of the parent or
guardian appears personally to take possession of the injurious object from the school personnel.
49333.
Notwithstanding Section 49332, a pupil who brings an injurious object to school, and who presents the
object to a certificated or classified employee, may have the object returned to him or her at the
conclusion of the school day, provided such injurious object may be lawfully possessed off school
grounds.

STATUTES
48260.
(a) A pupil subject to compulsory full-time education or to compulsory continuation education who is
absent from school without a valid excuse three full days in one school year or tardy or absent for more
than a 30-minute period during the schoolday without a valid excuse on three occasions in one school
year, or any combination thereof, shall be classified as a truant and shall be reported to the attendance
supervisor or to the superintendent of the school district.
(b) Notwithstanding subdivision (a), it is the intent of the Legislature that school districts shall not change
the method of attendance accounting provided for in existing law and shall not be required to employ
period-by-period attendance accounting.
(c) For purposes of this article, a valid excuse includes, but is not limited to, the reasons for which a pupil
shall be excused from school pursuant to Sections 48205 and 48225.5 and may include other reasons
that are within the discretion of school administrators and, based on the facts of the pupils
circumstances, are deemed to constitute a valid excuse.
48260.5.
Upon a pupils initial classification as a truant, the school district shall notify the pupils parent or guardian
using the most cost-effective method possible, which may include electronic mail or a telephone call:
(a) That the pupil is truant.
(b) That the parent or guardian is obligated to compel the attendance of the pupil at school.
(d) That alternative educational programs are available in the district.
Page 40
(e) That the parent or guardian has the right to meet with appropriate school personnel to discuss
solutions to the pupils truancy.
(f) That the pupil may be subject to prosecution under Section 48264.
(g) That the pupil may be subject to suspension, restriction, or delay of the pupils driving privilege
pursuant to Section 13202.7 of the Vehicle Code.
(h) That it is recommended that the parent or guardian accompany the pupil to school and attend
classes with the pupil for one day.
48260.6.
(a) In any county which has not established a county school attendance review board pursuant to Section
48321, the school district may notify the district attorney or the probation officer, or both, of the county in
which the school district is located, by first-class mail or other reasonable means, of the following if the
district attorney or the probation officer has elected to participate in the truancy mediation program
described in subdivision (d):
(1) The name of each pupil who has been classified as a truant.
(2) The name and address of the parent or guardian of each pupil who has been classified as a truant.
48262.
Any pupil is deemed an habitual truant who has been reported as a truant three or more times per school
year, provided that no pupil shall be deemed an habitual truant unless an appropriate district officer or
employee has made a conscientious effort to hold at least one conference with a parent or guardian of
the pupil and the pupil himself, after the filing of either of the reports required by Section 48260 or Section
48261. For purposes of this section, a conscientious effort means attempting to communicate with the
parents of the pupil at least once using the most cost-effective method possible, which may include
electronic mail or a telephone call.
48263.
If any minor pupil in any district of a county is an habitual truant, or is irregular in attendance at school, as
defined in this article, or is habitually insubordinate or disorderly during attendance at school, the pupil
may be referred to a school attendance review board or to the probation department for services if the
probation department has elected to receive these referrals. The supervisor of attendance, or any other
persons the governing board of the school district or county may designate, making the referral shall
notify the minor and parents or guardians of the minor, in writing, of the name and address of the board or
probation department to which the matter has been referred and of the reason for the referral. The notice
shall indicate that the pupil and parents or guardians of the pupil will be required, along with the referring
person, to meet with the school attendance review board or probation officer to consider a proper
disposition of the referral.
If the school attendance review board or probation officer determines that available community services
can resolve the problem of the truant or insubordinate pupil, then the board or probation officer shall
direct the pupil or the pupils parents or guardians, or both, to make use of those community services. The
school attendance review board or probation officer may require, at any time that it determines proper,
the pupil or parents or guardians of the pupil, or both, to furnish satisfactory evidence of participation in
the available community services.
cannot resolve the problem of the truant or insubordinate pupil or if the pupil or the parents or guardians
of the pupil, or both, have failed to respond to directives of the school attendance review board or
probation officer or to services provided, the school attendance review board may, pursuant to Section
Page 41
48263.5, notify the district attorney or the probation officer, or both, of the county in which the school
district is located, or the probation officer may, pursuant to Section 48263.5, notify the district attorney, if
the district attorney or the probation officer has elected to participate in the truancy mediation program
described in that section. If the district attorney or the probation office has not elected to participate in the
truancy mediation program described in Section 48263.5, the school attendance review board or
probation officer may direct the county superintendent of schools to, and, thereupon, the county
superintendent of schools shall, request a petition on behalf of the pupil in the juvenile court of the county.
Upon presentation of a petition on behalf of a pupil, the juvenile court of the county shall hear all evidence
relating to the petition. The school attendance review board or the probation officer shall submit to the
juvenile court documentation of efforts to secure attendance as well as its recommendations on what
action the juvenile court shall take in order to bring about a proper disposition of the case.
In any county which has not established a school attendance review board, if the school district
determines that available community resources cannot resolve the problem of the truant or insubordinate
pupil, or if the pupil or the pupils parents or guardians, or both, have failed to respond to the directives of
the school district or the services provided, the school district, pursuant to Section 48260.6, may notify the
district attorney or the probation officer, or both, of the county in which the school district is located, if the
described in Section 48260.6.
48263.6.
Any pupil subject to compulsory full-time education or to compulsory continuation education who is
absent from school without a valid excuse for 10 percent or more of the schooldays in one school year,
from the date of enrollment to the current date, is deemed a chronic truant, provided that the appropriate
school district officer or employee has complied with Sections 48260, 48260.5, 48261, 48262, 48263, and
48291.
48264.5.
(c) The third time a truancy report is issued within the same school year, the pupil shall be classified as a
habitual truant, as defined in Section 48262, and may be referred to, and required to attend, an
attendance review board or a truancy mediation program pursuant to Section 48263 or pursuant to
Section 601.3 of the Welfare and Institutions Code. If the school district does not have a truancy
mediation program, the pupil may be required to attend a comparable program deemed acceptable by the
school districts attendance supervisor. If the pupil does not successfully complete the truancy mediation
program or other similar program, the pupil shall be subject to subdivision (d).
(d) The fourth time a truancy is issued within the same school year, the pupil may be within the jurisdiction
of the juvenile court that may adjudge the pupil to be a ward of the court pursuant to Section 601 of the
Welfare and Institutions Code. If the pupil is adjudged a ward of the court, the pupil shall be required to do
one or more of the following:
(1) Performance at court-approved community services sponsored by either a public or private nonprofit
agency for not less than 20 hours but not more than 40 hours over a period not to exceed 90 days,
during a time other than the pupils hours of school attendance or employment. The probation officer
shall report to the court the failure of the pupil to comply with this paragraph.
48267.
Any pupil who has once been adjudged an habitual truant or habitually insubordinate or disorderly during
attendance at school by the juvenile court of the county, or has been found to be a person described in
Section 602 and as a condition of probation is required to attend a school program approved by a
probation officer, who is reported as a truant from school one or more days or tardy on one or more days
Page 42
without valid excuse, in the same school year or in a succeeding year, or habitually insubordinate, or
disorderly during attendance at school, shall be brought to the attention of the juvenile court and the
pupils probation or parole officer within 10 days of the reported violation.
Notwithstanding Section 827 of the Welfare and Institutions Code, written notice that a minor enrolled in a
public school in grades 7 to 12, inclusive, has been found by a court to be a person described in Section
602 and as a condition of probation is required to attend a school program approved by a probation
officer shall be provided by the juvenile court, within seven days of the entry of the dispositional order, to
the superintendent of the school district of attendance, which information shall be expeditiously
transmitted to the principal or to one person designated by the principal of the school that the minor is
attending. The principal or the principals designee shall not disclose this information to any other person
except as otherwise required by law.
48268.
authorities.
48915.
(b) Upon recommendation by the principal or the superintendent of schools, or by a hearing officer or
school district may order a pupil expelled upon finding that the pupil committed an act listed in paragraph
(1) of subdivision (a) or in subdivision (a), (b), (c), (d), or (e) of Section 48900. A decision to expel a pupil
for any of those acts shall be based on a finding of one or both of the following:
(1) Other means of correction are not feasible or have repeatedly failed to bring about proper conduct.
(2) Due to the nature of the act, the presence of the pupil causes a continuing danger to the physical
safety of the pupil or others.
(d) The governing board of a school district shall order a pupil expelled upon finding that the pupil
committed an act listed in subdivision (c), and shall refer that pupil to a program of study that meets all of
the following conditions:
(1) Is appropriately prepared to accommodate pupils who exhibit discipline problems.
conduct.
Page 43

STATUTES
32261.
(a) The Legislature hereby recognizes that all pupils enrolled in the state public schools have the
inalienable right to attend classes on school campuses that are safe, secure, and peaceful. The
Legislature also recognizes that pupils cannot fully benefit from an educational program unless they
attend school on a regular basis. In addition, the Legislature further recognizes that school crime,
vandalism, truancy, and excessive absenteeism are significant problems on far too many school
campuses in the state.
(b) The Legislature hereby finds and declares that the establishment of an interagency coordination
system is the most efficient and long-lasting means of resolving school and community problems of
truancy and crime, including vandalism, drug and alcohol abuse, gang membership, gang violence, and
hate crimes.
48200.
Each person between the ages of 6 and 18 years not exempted under the provisions of this chapter or
Chapter 3 (commencing with Section 48400) is subject to compulsory full-time education. Each person
subject to compulsory full-time education and each person subject to compulsory continuation education
not exempted under the provisions of Chapter 3 (commencing with Section 48400) shall attend the public
full-time day school or continuation school or classes and for the full time designated as the length of the
schoolday by the governing board of the school district in which the residency of either the parent or legal
guardian is located and each parent, guardian, or other person having control or charge of the pupil shall
send the pupil to the public full-time day school or continuation school or classes and for the full time
designated as the length of the schoolday by the governing board of the school district in which the
residence of either the parent or legal guardian is located.
Unless otherwise provided for in this code, a pupil shall not be enrolled for less than the minimum
schoolday established by law.
48260.
(a) A pupil subject to compulsory full-time education or to compulsory continuation education who is
absent from school without a valid excuse three full days in one school year or tardy or absent for more
than a 30-minute period during the schoolday without a valid excuse on three occasions in one school
year, or any combination thereof, shall be classified as a truant and shall be reported to the attendance
supervisor or to the superintendent of the school district.
(b) Notwithstanding subdivision (a), it is the intent of the Legislature that school districts shall not change
the method of attendance accounting provided for in existing law and shall not be required to employ
period-by-period attendance accounting.
(c) For purposes of this article, a valid excuse includes, but is not limited to, the reasons for which a pupil
shall be excused from school pursuant to Sections 48205 and 48225.5 and may include other reasons
that are within the discretion of school administrators and, based on the facts of the pupils
circumstances, are deemed to constitute a valid excuse.
48260.5.
Page 44

(h) That it is recommended that the parent or guardian accompany the pupil to school and attend
classes with the pupil for one day.
48260.6.
(b) The school district may also notify the district attorney or the probation officer, or both, as to whether
the pupil continues to be classified as a truant after the parents have been notified pursuant to subdivision
(a) of Section 48260.5.
(c) In any county which has not established a county school attendance review board, the district attorney
or the probation officer of the county in which the school district is located may notify the parents or
guardians of every truant, by first-class mail or other reasonable means, that they may be subject to
prosecution pursuant to Article 6 (commencing with Section 48290) of Chapter 2 of Part 27 for failure to
compel the attendance of the pupil at school.
(d) If the district attorney or the probation officer, or both, are notified by a school district that a child
continues to be classified as a truant after the parents or guardians have been notified pursuant to
subdivision (a) of Section 48260.5, the district attorney or the probation officer in any county which has
not established a county school attendance review board may request the parents or guardians and the
child to attend a meeting in the district attorneys office or at the probation department pursuant to Section
601.3 of the Welfare and Institutions Code to discuss the possible legal consequences of the childs
truancy. Notice of the meeting shall be given pursuant to Section 601.3 of the Welfare and Institutions
Code.
48261.
Any pupil who has once been reported as a truant and who is again absent from school without valid
excuse one or more days, or tardy on one or more days, shall again be reported as a truant to the
attendance supervisor or the superintendent of the district.
48262.
Page 45
48263.
48263.6.
Any pupil subject to compulsory full-time education or to compulsory continuation education who is
absent from school without a valid excuse for 10 percent or more of the schooldays in one school year,
from the date of enrollment to the current date, is deemed a chronic truant, provided that the appropriate
Page 46
school district officer or employee has complied with Sections 48260, 48260.5, 48261, 48262, 48263, and
48291.
48264.
The attendance supervisor or his or her designee, a peace officer, a school administrator or his or her
designee, or a probation officer may arrest or assume temporary custody, during school hours, of any
minor subject to compulsory full-time education or to compulsory continuation education found away from
his or her home and who is absent from school without valid excuse within the county, city, or city and
county, or school district.
48264.5.
A minor who is classified as a truant pursuant to Section 48260 or 48261 may be required to attend
makeup classes conducted on one day of a weekend pursuant to subdivision (c) of Section 37223 and is
subject to the following:
(a) The first time a truancy report is issued, the pupil and, as appropriate, the parent or legal guardian,
may be requested to attend a meeting with a school counselor or other school designee to discuss the
root causes of the attendance issue and develop a joint plan to improve the pupils attendance.
(b) The second time a truancy report is issued within the same school year, the pupil may be given a
written warning by a peace officer as specified in Section 830.1 of the Penal Code. A record of the
written warning may be kept at the school for not less than two years or until the pupil graduates or
transfers from that school. If the pupil transfers from that school, the record may be forwarded to the
school receiving the pupils school records. A record of the written warning may be maintained by the
law enforcement agency in accordance with that law enforcement agencys policies and procedures.
The pupil may also be assigned by the school to an afterschool or weekend study program located
within the same county as the pupils school. If the pupil fails to successfully complete the assigned
study program, the pupil shall be subject to subdivision (c).
(c) The third time a truancy report is issued within the same school year, the pupil shall be classified as
a habitual truant, as defined in Section 48262, and may be referred to, and required to attend, an
mediation program, the pupil may be required to attend a comparable program deemed acceptable by
the school districts attendance supervisor. If the pupil does not successfully complete the truancy
mediation program or other similar program, the pupil shall be subject to subdivision (d).
(d) The fourth time a truancy is issued within the same school year, the pupil may be within the
jurisdiction of the juvenile court that may adjudge the pupil to be a ward of the court pursuant to Section
601 of the Welfare and Institutions Code. If the pupil is adjudged a ward of the court, the pupil shall be
required to do one or more of the following:
(1) Performance at court-approved community services sponsored by either a public or private
nonprofit agency for not less than 20 hours but not more than 40 hours over a period not to exceed
90 days, during a time other than the pupils hours of school attendance or employment. The
probation officer shall report to the court the failure of the pupil to comply with this paragraph.
(2) Payment of a fine by the pupil of not more than fifty dollars ($50) for which a parent or legal
guardian of the pupil may be jointly liable. The fine described in this paragraph shall not be subject to
the assessments of Section 1464 of the Penal Code or any other applicable section.
(3) Attendance of a court-approved truancy prevention program.
(4) Suspension or revocation of driving privileges pursuant to Section 13202.7 of the Vehicle Code.
This subdivision shall apply only to a pupil who has attended a school attendance review board
Page 47
program, a program operated by a probation department acting as a school attendance review board,
or a truancy mediation program pursuant to subdivision (c).
48267.
48268.
authorities.
48900.
(v) For a pupil subject to discipline under this section, a superintendent of the school district or principal
may use his or her discretion to provide alternatives to suspension or expulsion that are age appropriate
and designed to address and correct the pupils specific misbehavior as specified in Section 48900.5.
(w) It is the intent of the Legislature that alternatives to suspension or expulsion be imposed against a
pupil who is truant, tardy, or otherwise absent from school activities.
Substance use
STATUTES
32261.
Page 48
hate crimes.
(d) It is the intent of the Legislature in enacting this chapter to encourage school districts, county offices of
education, law enforcement agencies, and agencies serving youth to develop and implement interagency
strategies, in-service training programs, and activities that will improve school attendance and reduce
school crime and violence, including vandalism, drug and alcohol abuse, gang membership, gang
violence, hate crimes, bullying, including bullying committed personally or by means of an electronic act,
teen relationship violence, and discrimination and harassment, including, but not limited to, sexual
harassment.
(e) It is the intent of the Legislature in enacting this chapter that the School/Law Enforcement Partnership
shall not duplicate any existing gang or drug and alcohol abuse program currently provided for schools.
(f) As used in this chapter, bullying has the same meaning as set forth in subdivision (r) of Section
48900.
(g) As used in this chapter, electronic act has the same meaning as set forth in subdivision (r) of Section
48900.
48900.
(c) Unlawfully possessed, used, sold, or otherwise furnished, or been under the influence of, a
controlled substance listed in Chapter 2 (commencing with Section 11053) of Division 10 of the Health
and Safety Code, an alcoholic beverage, or an intoxicant of any kind.
(d) Unlawfully offered, arranged, or negotiated to sell a controlled substance listed in Chapter 2
(commencing with Section 11053) of Division 10 of the Health and Safety Code, an alcoholic beverage,
or an intoxicant of any kind, and either sold, delivered, or otherwise furnished to a person another liquid,
substance, or material and represented the liquid, substance, or material as a controlled substance,
alcoholic beverage, or intoxicant.
(h) Possessed or used tobacco, or products containing tobacco or nicotine products, including, but not
limited to, cigarettes, cigars, miniature cigars, clove cigarettes, smokeless tobacco, snuff, chew
packets, and betel. However, this section does not prohibit use or possession by a pupil of his or her
own prescription products.
(j) Unlawfully possessed or unlawfully offered, arranged, or negotiated to sell drug paraphernalia, as
defined in Section 11014.5 of the Health and Safety Code.
(p) Unlawfully offered, arranged to sell, negotiated to sell, or sold the prescription drug Soma.
48901.
(a) No school shall permit the smoking or use of tobacco, or any product containing tobacco or nicotine
products, by pupils of the school while the pupils are on campus, or while attending school-sponsored
activities or while under the supervision and control of school district employees.
(b) The governing board of any school district maintaining a high school shall take all steps it deems
practical to discourage high school students from smoking.
48909.
When a petition is requested in juvenile court or a complaint is filed in any court alleging that a minor of
compulsory school attendance age or any pupil currently enrolled in a public school in a grade to and
Page 49
including grade 12 is a person who (a) has used, sold, or possessed narcotics or other hallucinogenic
drugs or substances; (b) has inhaled or breathed the fumes of, or ingested any poison classified as such
in Section 4160 of the Business and Professions Code; or (c) has committed felonious assault, homicide,
or rape the district attorney may, within 48 hours, provide written notice to the superintendent of the
school district of attendance, notwithstanding the provisions of Section 827 of the Welfare and Institutions
Code, and to the pupils parent or guardian.
48915.
conduct:
(3) Unlawfully selling a controlled substance listed in Chapter 2 (commencing with Section 11053) of
Division 10 of the Health and Safety Code.
48916.5.
The governing board may require a pupil who is expelled from school for reasons relating to controlled
substances, as defined in Sections 11054 to 11058, inclusive, of the Health and Safety Code, or alcohol,
prior to returning to school to enroll in a county-supported drug rehabilitation program. No pupil shall be
required to enroll in a rehabilitation program pursuant to this section without the consent of his or her
parent or guardian.

STATUTES
32261.
Page 50
harassment.
48900.
48900.
32282.
(a) The comprehensive school safety plan shall include, but not be limited to, both of the following:
(2) Identifying appropriate strategies and programs that will provide or maintain a high level of school
safety and address the schools procedures for complying with existing laws related to school safety,
which shall include the development of all of the following:
(C) Policies pursuant to subdivision (d) of Section 48915 for pupils who committed an act listed in
subdivision (c) of Section 48915 and other school-designated serious acts which would lead to
suspension, expulsion, or mandatory expulsion recommendations pursuant to Article 1 (commencing
with Section 48900) of Chapter 6 of Part 27 of Division 4 of Title 2.
(D) Procedures to notify teachers of dangerous pupils pursuant to Section 49079.
(E) A discrimination and harassment policy consistent with the prohibition against discrimination
contained in Chapter 2 (commencing with Section 200) of Part 1.
48900.
(q) Engaged in, or attempted to engage in, hazing. For purposes of this subdivision, hazing means a
method of initiation or preinitiation into a pupil organization or body, whether or not the organization or
body is officially recognized by an educational institution, which is likely to cause serious bodily injury or
personal degradation or disgrace resulting in physical or mental harm to a former, current, or
prospective pupil. For purposes of this subdivision, hazing does not include athletic events or schoolsanctioned events.
(r) Engaged in an act of bullying. For purposes of this subdivision, the following terms have the following
meanings:
(1) Bullying means any severe or pervasive physical or verbal act or conduct, including
communications made in writing or by means of an electronic act, and including one or more acts
committed by a pupil or group of pupils as defined in Section 48900.2, 48900.3, or 48900.4, directed
toward one or more pupils that has or can be reasonably predicted to have the effect of one or more
of the following:
(A) Placing a reasonable pupil or pupils in fear of harm to that pupils or those pupils person or
property.
(B) Causing a reasonable pupil to experience a substantially detrimental effect on his or her
physical or mental health.
(C) Causing a reasonable pupil to experience substantial interference with his or her academic
performance.
(D) Causing a reasonable pupil to experience substantial interference with his or her ability to
participate in or benefit from the services, activities, or privileges provided by a school.
Page 51
(2) (A) Electronic act means the transmission, by means of an electronic device, including, but not
limited to, a telephone, wireless telephone, or other wireless communication device, computer, or
pager, of a communication, including, but not limited to, any of the following:
(i) A message, text, sound, or image.
(ii) A post on a social network Internet Web site including, but not limited to:
(I) Posting to or creating a burn page. Burn page means an Internet Web site created for the
purpose of having one or more of the effects listed in paragraph (1).
(II) Creating a credible impersonation of another actual pupil for the purpose of having one or
more of the effects listed in paragraph (1). Credible impersonation means to knowingly and
without consent impersonate a pupil for the purpose of bullying the pupil and such that another
pupil would reasonably believe, or has reasonably believed, that the pupil was or is the pupil
who was impersonated.
(III) Creating a false profile for the purpose of having one or more of the effects listed in
paragraph (1). False profile means a profile of a fictitious pupil or a profile using the likeness
or attributes of an actual pupil other than the pupil who created the false profile.
(B) Notwithstanding paragraph (1) and subparagraph (A), an electronic act shall not constitute
pervasive conduct solely on the basis that it has been transmitted on the Internet or is currently
posted on the Internet.
(3) Reasonable pupil means a pupil, including, but not limited to, an exceptional needs pupil, who
exercises average care, skill, and judgment in conduct for a person of his or her age, or for a person
of his or her age with his or her exceptional needs.
48900.2.
48900.3.
Section 233.
48900.4.
In addition to the grounds specified in Sections 48900 and 48900.2, a pupil enrolled in any of grades 4 to
12, inclusive, may be suspended from school or recommended for expulsion if the superintendent or the
principal of the school in which the pupil is enrolled determines that the pupil has intentionally engaged in
harassment, threats, or intimidation, directed against school district personnel or pupils, that is sufficiently
severe or pervasive to have the actual and reasonably expected effect of materially disrupting classwork,
creating substantial disorder, and invading the rights of either school personnel or pupils by creating an
intimidating or hostile educational environment.
Page 52

STATUTES
32261.
hate crimes.
harassment.
48900.
48900
32282.
(F) The provisions of any schoolwide dress code, pursuant to Section 35183, that prohibits pupils
from wearing gang-related apparel, if the school has adopted that type of a dress code. For those
purposes, the comprehensive school safety plan shall define gang-related apparel. The definition shall
be limited to apparel that, if worn or displayed on a school campus, reasonably could be determined to
threaten the health and safety of the school environment. Any schoolwide dress code established
pursuant to this section and Section 35183 shall be enforced on the school campus and at any schoolsponsored activity by the principal of the school or the person designated by the principal. For purposes
of this paragraph, gang-related apparel shall not be considered a protected form of speech pursuant to
Section 48950.
48900.
(a) (1) Caused, attempted to cause, or threatened to cause physical injury to another person.
Page 53
(2) Willfully used force or violence upon the person of another, except in self-defense.
(e) Committed or attempted to commit robbery or extortion.
(f) Caused or attempted to cause damage to school property or private property.
(g) Stole or attempted to steal school property or private property.
(i) Committed an obscene act or engaged in habitual profanity or vulgarity.
(k) Disrupted school activities or otherwise willfully defied the valid authority of supervisors, teachers,
administrators, school officials, or other school personnel engaged in the performance of their duties.
(l) Knowingly received stolen school property or private property.
(n) Committed or attempted to commit a sexual assault as defined in Section 261, 266c, 286, 288,
288a, or 289 of the Penal Code or committed a sexual battery as defined in Section 243.4 of the Penal
Code.
(o) Harassed, threatened, or intimidated a pupil who is a complaining witness or a witness in a school
disciplinary proceeding for purposes of either preventing that pupil from being a witness or retaliating
against that pupil for being a witness, or both.
48900.2.
48900.3.
Section 233.
48900.7
(a) In addition to the reasons specified in Sections 48900, 48900.2, 48900.3, and 48900.4, a pupil may be
suspended from school or recommended for expulsion if the superintendent or the principal of the school
in which the pupil is enrolled determines that the pupil has made terroristic threats against school officials
or school property, or both.
(b) For the purposes of this section, terroristic threat shall include any statement, whether written or oral,
by a person who willfully threatens to commit a crime which will result in death, great bodily injury to
another person, or property damage in excess of one thousand dollars ($1,000), with the specific intent
that the statement is to be taken as a threat, even if there is no intent of actually carrying it out, which, on
its face and under the circumstances in which it is made, is so unequivocal, unconditional, immediate,
and specific as to convey to the person threatened, a gravity of purpose and an immediate prospect of
execution of the threat, and thereby causes that person reasonably to be in sustained fear for his or her
own safety or for his or her immediate familys safety, or for the protection of school district property, or
the personal property of the person threatened or his or her immediate family.
Page 54
48901.5.
(a) The governing board of each school district, or its designee, may regulate the possession or use of
any electronic signaling device that operates through the transmission or receipt of radio waves,
including, but not limited to, paging and signaling equipment, by pupils of the school district while the
pupils are on campus, while attending school-sponsored activities, or while under the supervision and
control of school district employees.
(b) No pupil shall be prohibited from possessing or using an electronic signaling device that is determined
by a licensed physician and surgeon to be essential for the health of the pupil and use of which is limited
to purposes related to the health of the pupil.
48909.
48915.
conduct:
employee.
(4) Committing or attempting to commit a sexual assault as defined in subdivision (n) of Section 48900
or committing a sexual battery as defined in subdivision (n) of Section 48900.
49330.
(a) (1) As used in this article injurious object shall mean those objects specified in the following sections:
(A) Section 16250 of the Penal Code.
(B) Subdivisions (a) to (d), inclusive of Section 16520 of the Penal Code.
(C) Section 16590 of the Penal Code.
(D) Section 16880 of the Penal Code.
(E) Section 17235 of the Penal Code.
Page 55
(F) Section 17240 of the Penal Code.

(G) Section 17250 of the Penal Code.
(2) As used in this article, injurious object shall also mean objects capable of inflicting substantial
bodily damage, not necessary for the academic purpose of the pupil.
(b) As used in this section, academic purpose means any school sponsored activity or class of
instruction scheduled during the schoolday.
(c) Injurious object does not include any personal possessions or items of apparel which a schoolage
child reasonably may be expected either to have in his or her possession or to wear.
(Amended by Stats. 2011, Ch. 285, Sec. 5. Effective January 1, 2012.)
49331.
Any certificated employee of any school district and any classified employee of a school district who is
designated by the governing board for such purposes may take from the personal possession of any pupil
upon school premises or while under the authority of school personnel any injurious object in the
possession of the pupil.
49332.
The parent or guardian of a pupil from whom an injurious object has been taken pursuant to this section
may be notified by school personnel of the taking.
49333.
Notwithstanding Section 49332, a pupil who brings an injurious object to school, and who presents the
object to a certificated or classified employee, may have the object returned to him or her at the
conclusion of the school day, provided such injurious object may be lawfully possessed off school
grounds.
Page 56

Prevention
STATUTES
32265.
(a) The partnership shall sponsor at least two regional conferences for school districts, county offices of
education, agencies serving youth, allied agencies, community-based organizations, and law
enforcement agencies to identify exemplary programs and techniques that have been effectively used to
reduce school crime, including hate crimes, vandalism, drug and alcohol abuse, gang membership and
gang violence, truancy, and excessive absenteeism.
(b) The conference may include, but need not be limited to, information on all of the following topics:
(1) Interagency collaboration between schools, agencies serving youth, law enforcement agencies, and
others.
(2) School attendance.
(3) School safety.
(4) Citizenship education.
(5) Drug and alcohol abuse.
(6) Child abuse prevention, detection, and reporting.
(7) Parental education.
(8) Crisis response training.
(9) Bullying prevention, including the prevention of acts committed personally or by means of an
electronic act.
(10) Threat assessment.
(11) Conflict resolution and youth mediation.
(12) Teen relationship violence.
(13) Discrimination and harassment reporting and prevention, including, but not limited to, sexual
harassment reporting and prevention.
(14) Hate crime reporting and prevention.
(15) Reporting and prevention of abuse against pupils with disabilities.
48264.5.
(d) The fourth time a truancy is issued within the same school year, the pupil may be within the jurisdiction
of the juvenile court that may adjudge the pupil to be a ward of the court pursuant to Section 601 of the
Welfare and Institutions Code. If the pupil is adjudged a ward of the court, the pupil shall be required to do
one or more of the following:
(3) Attendance of a court-approved truancy prevention program.
48901.
(a) No school shall permit the smoking or use of tobacco, or any product containing tobacco or nicotine
products, by pupils of the school while the pupils are on campus, or while attending school-sponsored
activities or while under the supervision and control of school district employees.
Page 57
(b) The governing board of any school district maintaining a high school shall take all steps it deems
practical to discourage high school students from smoking.

STATUTES
48264.5.
A minor who is classified as a truant pursuant to Section 48260 or 48261 may be required to attend
makeup classes conducted on one day of a weekend pursuant to subdivision (c) of Section 37223 and is
subject to the following:
(a) The first time a truancy report is issued, the pupil and, as appropriate, the parent or legal guardian,
may be requested to attend a meeting with a school counselor or other school designee to discuss the
root causes of the attendance issue and develop a joint plan to improve the pupils attendance.
written warning by a peace officer as specified in Section 830.1 of the Penal Code. A record of the
written warning may be kept at the school for not less than two years or until the pupil graduates or
transfers from that school. If the pupil transfers from that school, the record may be forwarded to the
school receiving the pupils school records. A record of the written warning may be maintained by the
law enforcement agency in accordance with that law enforcement agencys policies and procedures.
The pupil may also be assigned by the school to an afterschool or weekend study program located
within the same county as the pupils school. If the pupil fails to successfully complete the assigned
study program, the pupil shall be subject to subdivision (c).
48265.
Any person arresting or assuming temporary custody of a minor pursuant to Section 48264 shall forthwith
deliver the minor either to the parent, guardian, or other person having control, or charge of the minor, or
to the school from which the minor is absent, or to a nonsecure youth service or community center
designated by the school or district for counseling prior to returning such minor to his home or school, or
to a school counselor or pupil services and attendance officer located at a police station for the purpose
of obtaining immediate counseling from the counselor or officer prior to returning or being returned to his
home or school, or, if the minor is found to have been declared an habitual truant, he shall cause the
minor to be brought before the probation officer of the county having jurisdiction over minors.
48900.5
(a) Suspension, including supervised suspension as described in Section 48911.1, shall be imposed only
when other means of correction fail to bring about proper conduct. A school district may document the
other means of correction used and place that documentation in the pupils record, which may be
accessed pursuant to Section 49069. However, a pupil, including an individual with exceptional needs, as
defined in Section 56026, may be suspended, subject to Section 1415 of Title 20 of the United States
Code, for any of the reasons enumerated in Section 48900 upon a first offense, if the principal or
superintendent of schools determines that the pupil violated subdivision (a), (b), (c), (d), or (e) of Section
48900 or that the pupils presence causes a danger to persons.
(b) Other means of correction include, but are not limited to, the following:
(1) A conference between school personnel, the pupils parent or guardian, and the pupil.
(2) Referrals to the school counselor, psychologist, social worker, child welfare attendance personnel,
or other school support service personnel for case management and counseling.
Page 58
(3) Study teams, guidance teams, resource panel teams, or other intervention-related teams that
assess the behavior, and develop and implement individualized plans to address the behavior in
partnership with the pupil and his or her parents.
(4) Referral for a comprehensive psychosocial or psychoeducational assessment, including for
purposes of creating an individualized education program, or a plan adopted pursuant to Section 504 of
the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794(a)).
(5) Enrollment in a program for teaching prosocial behavior or anger management.
(6) Participation in a restorative justice program.
(7) A positive behavior support approach with tiered interventions that occur during the schoolday on
campus.
(8) After-school programs that address specific behavioral issues or expose pupils to positive activities
and behaviors, including, but not limited to, those operated in collaboration with local parent and
community groups.
(9) Any of the alternatives described in Section 48900.6.
48911.2.
(2) Implement an alternative to the schools off-campus suspension program, which involves a
progressive discipline approach that occurs during the schoolday on campus, using any of the following
activities:
(A) Conferences between the school staff, parents, and pupils.
(B) Referral to the school counselor, psychologist, child welfare attendance personnel, or other school
support service staff.
(C) Detention.
(D) Study teams, guidance teams, resource panel teams, or other assessment-related teams.
48916.
(b) The governing board shall recommend a plan of rehabilitation for the pupil at the time of the expulsion
order, which may include, but not be limited to, periodic review as well as assessment at the time of
review for readmission. The plan may also include recommendations for improved academic
performance, tutoring, special education assessments, job training, counseling, employment, community
service, or other rehabilitative programs.
48917.
(a) The governing board, upon voting to expel a pupil, may suspend the enforcement of the expulsion
order for a period of not more than one calendar year and may, as a condition of the suspension of
enforcement, assign the pupil to a school, class, or program that is deemed appropriate for the
rehabilitation of the pupil. The rehabilitation program to which the pupil is assigned may provide for the
involvement of the pupils parent or guardian in his or her childs education in ways that are specified in
the rehabilitation program. A parent or guardians refusal to participate in the rehabilitation program shall
Page 59
not be considered in the governing boards determination as to whether the pupil has satisfactorily
completed the rehabilitation program.
(b) The governing board shall apply the criteria for suspending the enforcement of the expulsion order
equally to all pupils, including individuals with exceptional needs as defined in Section 56026.
(c) During the period of the suspension of the expulsion order, the pupil is deemed to be on probationary
status.
(d) The governing board may revoke the suspension of an expulsion order under this section if the pupil
commits any of the acts enumerated in Section 48900 or violates any of the districts rules and
regulations governing pupil conduct. When the governing board revokes the suspension of an expulsion
order, a pupil may be expelled under the terms of the original expulsion order.
(e) Upon satisfactory completion of the rehabilitation assignment of a pupil, the governing board shall
reinstate the pupil in a school of the district and may also order the expungement of any or all records of
the expulsion proceedings.
(f) A decision of the governing board to suspend an expulsion order does not affect the time period and
requirements for the filing of an appeal of the expulsion order with the county board of education required
under Section 48919. Any appeal shall be filed within 30 days of the original vote of the governing board.
56520.
(1) That children exhibiting serious behavioral challenges receive timely and appropriate assessments
and positive supports and interventions in accordance with the federal Individuals with Disabilities
Education Act (20 U.S.C. Sec. 1400 et seq.) and its implementing regulations.
56521.2.
(b) In the case of a child whose behavior impedes the childs learning or that of others, the individualized
education program team shall consider the use of positive behavioral interventions and supports, and
other strategies, to address that behavior, consistent with Section 1414(d)(3)(B)(i) and (d)(4) of Title 20 of
the United States Code and associated federal regulations.
STATUTES
32283.
The Department of Justice and the State Department of Education, in accordance with Section 32262,
shall contract with one or more professional trainers to coordinate statewide workshops for school
districts, county offices of education, and schoolsite personnel, and in particular school principals, to
assist them in the development of their respective school safety and crisis response plans, and provide
training in the prevention of bullying as defined in subdivision (r) of Section 48900. The Department of
Justice and the State Department of Education shall work in cooperation with regard to the workshops
coordinated and presented pursuant to the contracts. Implementation of this section shall be contingent
upon the availability of funds in the annual Budget Act.
56520.
(5) That training programs be developed and implemented in institutions of higher education that train
teachers and that in-service training programs be made available as necessary in school districts and
Page 60
county offices of education to ensure that adequately trained staff are available to work effectively with
the behavioral intervention needs of individuals with exceptional needs.
56524.
The superintendent shall explore with representatives of institutions of higher education and the
Commission on Teacher Credentialing, the current training requirements for teachers to ensure that
sufficient training is available in appropriate behavioral interventions for people entering the field of
education.
Page 61

STATUTES
32282.
(D) Procedures to notify teachers of dangerous pupils pursuant to Section 49079.
48202.
The county board of education of each county may establish, by resolution, the following regulation
requiring the reporting of various types of severance of attendance of or by any pupil subject to the
compulsory education laws of California or of any one or more of the types of severance enumerated in
subdivision (a) below and may require such reporting of any or all of the private and public schools of the
county:
(a) The administration of each private school and public school district of the county shall, upon the
severance of attendance by any pupil subject to the compulsory education laws of California, whether
by expulsion, exclusion, exemption, transfer, suspension beyond 10 schooldays, or other reasons,
report such severance to the county superintendent of schools in the jurisdiction. The report shall
include names, ages, last known address and the reason for each such severance.
(b) It shall be the duty of the county superintendent of such county to examine such reports and draw to
the attention of the county board of education and local district board of education any cases in which
the interests of the child or the welfare of the state may need further examination.
(c) After preliminary study of available information in cases so referred to it, the county board of
education may, on its own action, hold hearings on such cases in the manner provided in Sections
48915 through 48920 and with the same powers of final decision as therein provided.
48261.
Any pupil who has once been reported as a truant and who is again absent from school without valid
excuse one or more days, or tardy on one or more days, shall again be reported as a truant to the
attendance supervisor or the superintendent of the district.
48273.
The governing board of each school district shall adopt rules and regulations to require the appropriate
officers and employees of the district to gather and transmit to the county superintendent of schools the
number and types of referrals to school attendance review boards and of requests for petitions to the
juvenile court pursuant to Section 48263.
48900.8.
For purposes of notification to parents, and for the reporting of expulsion or suspension offenses to the
department, each school district shall specifically identify, by offense committed, in all appropriate official
Page 62
records of a pupil each suspension or expulsion of that pupil for the commission of any of the offenses set
forth in Section 48900, 48900.2, 48900.3, 48900.4, 48900.7, or 48915.
48911.
(e) A school employee shall report the suspension of the pupil, including the cause for the suspension, to
the governing board of the school district or to the district superintendent of schools in accordance with
the regulations of the governing board of the school district.
48916.1.
(e) (1) Each school district shall maintain the following data:
(A) The number of pupils recommended for expulsion.
(B) The grounds for each recommended expulsion.
(C) Whether the pupil was subsequently expelled.
(D) Whether the expulsion order was suspended.
(E) The type of referral made after the expulsion.
(F) The disposition of the pupil after the end of the period of expulsion.
(2) The Superintendent may require a school district to report this data as part of the coordinated
compliance review. If a school district does not report outcome data as required by this subdivision, the
Superintendent may not apportion any further money to the school district pursuant to Section 48664
until the school district is in compliance with this subdivision. Before withholding the apportionment of
funds to a school district pursuant to this subdivision, the Superintendent shall give written notice to the
governing board of the school district that the school district has failed to report the data required by
paragraph (1) and that the school district has 30 calendar days from the date of the written notice of
noncompliance to report the requested data and thereby avoid the withholding of the apportionment of
funds.
56521.1.
(f) All behavioral emergency reports shall immediately be forwarded to, and reviewed by, a designated
responsible administrator.
(g) If a behavioral emergency report is written regarding an individual with exceptional needs who does
not have a behavioral intervention plan, the designated responsible administrator shall, within two days,
schedule an individualized education program (IEP) team meeting to review the emergency report, to
determine the necessity for a functional behavioral assessment, and to determine the necessity for an
interim plan. The IEP team shall document the reasons for not conducting the functional behavioral
assessment, not developing an interim plan, or both.
(h) If a behavioral emergency report is written regarding an individual with exceptional needs who has a
positive behavioral intervention plan, an incident involving a previously unseen serious behavior problem,
or where a previously designed intervention is ineffective, shall be referred to the IEP team to review and
determine if the incident constitutes a need to modify the positive behavioral intervention plan.
STATUTES
32281.
(e) (1) When a principal or his or her designee verifies through local law enforcement officials that a report
has been filed of the occurrence of a violent crime on the schoolsite of an elementary or secondary
Page 63
school at which he or she is the principal, the principal or the principals designee may send to each
pupils parent or legal guardian and each school employee a written notice of the occurrence and
general nature of the crime. If the principal or his or her designee chooses to send the written notice,
the Legislature encourages the notice be sent no later than the end of business on the second regular
work day after the verification. If, at the time of verification, local law enforcement officials determine
that notification of the violent crime would hinder an ongoing investigation, the notification authorized by
this subdivision shall be made within a reasonable period of time, to be determined by the local law
enforcement agency and the school district. For purposes of this section, an act that is considered a
violent crime shall meet the definition of Section 67381 and be an act for which a pupil could or would
be expelled pursuant to Section 48915.
(2) Nothing in this subdivision shall create any liability in a school district or its employees for complying
with paragraph (1).
48260.5.
48262.
48263.
Page 64
48266.
Any person taking action pursuant to Sections 48264 and 48265 shall report the matter, and the
disposition made by him of the minor to the school authorities of the city, or city and county, or school
district and to the minors parent or guardian.
48900.1.
(a) The governing board of each school district may adopt a policy authorizing teachers to require the
parent or guardian of a pupil who has been suspended by a teacher pursuant to Section 48910 for
reasons specified in subdivision (i) or (k) of Section 48900, to attend a portion of a schoolday in the
classroom of his or her child or ward. The policy shall take into account reasonable factors that may
prevent compliance with a notice to attend. The attendance of the parent or guardian shall be limited to
the class from which the pupil was suspended.
(b) The policy shall be adopted pursuant to the procedures set forth in Sections 35291 and 35291.5.
Parents and guardians shall be notified of this policy prior to its implementation. A teacher shall apply any
policy adopted pursuant to this section uniformly to all pupils within the classroom.
The adopted policy shall include the procedures that the district will follow to accomplish the following:
(1) Ensure that parents or guardians who attend school for the purposes of this section meet with the
school administrator or his or her designee after completing the classroom visitation and before leaving
the schoolsite.
(2) Contact parents or guardians who do not respond to the request to attend school pursuant to this
section.
(c) If a teacher imposes the procedure pursuant to subdivision (a), the principal shall send a written notice
to the parent or guardian stating that attendance by the parent or guardian is pursuant to law. This section
shall apply only to a parent or guardian who is actually living with the pupil.
(d) A parent or guardian who has received a written notice pursuant to subdivision (c) shall attend class
as specified in the written notice. The notice may specify that the attendance of the parent or guardian be
on the day the pupil is scheduled to return to class, or within a reasonable period of time thereafter, as
established by the policy of the board adopted pursuant to subdivision (a).
48904.3
(b) Any school district that has decided to withhold a pupils grades, diploma, or transcripts pursuant to
Section 48904 shall, upon receiving notice that the pupil has transferred to any school district in this state,
notify the parent or guardian of the pupil in writing that the decision to withhold will be enforced as
specified in subdivision (a).
48906
When a principal or other school official releases a minor pupil to a peace officer for the purpose of
removing the minor from the school premises, the school official shall take immediate steps to notify the
parent, guardian, or responsible relative of the minor regarding the release of the minor to the officer, and
regarding the place to which the minor is reportedly being taken, except when a minor has been taken
into custody as a victim of suspected child abuse, as defined in Section 11165.6 of the Penal Code, or
pursuant to Section 305 of the Welfare and Institutions Code. In those cases, the school official shall
provide the peace officer with the address and telephone number of the minors parent or guardian. The
peace officer shall take immediate steps to notify the parent, guardian, or responsible relative of the minor
that the minor is in custody and the place where he or she is being held. If the officer has a reasonable
belief that the minor would be endangered by a disclosure of the place where the minor is being held, or
that the disclosure would cause the custody of the minor to be disturbed, the officer may refuse to
Page 65
disclose the place where the minor is being held for a period not to exceed 24 hours. The officer shall,
however, inform the parent, guardian, or responsible relative whether the child requires and is receiving
medical or other treatment. The juvenile court shall review any decision not to disclose the place where
the minor is being held at a subsequent detention hearing.
48909.
48910.
class and the principal.
48911.1.
(d) At the time a pupil is assigned to a supervised suspension classroom, a school employee shall notify,
in person or by telephone, the pupils parent or guardian. Whenever a pupil is assigned to a supervised
suspension classroom for longer than one class period, a school employee shall notify, in writing, the
pupils parent or guardian.
48911.
(d) At the time of suspension, a school employee shall make a reasonable effort to contact the pupils
parent or guardian in person or by telephone. If a pupil is suspended from school, the parent or guardian
shall be notified in writing of the suspension.
(f) The parent or guardian of a pupil shall respond without delay to a request from school officials to
attend a conference regarding his or her childs behavior.
No penalties shall be imposed on a pupil for failure of the pupils parent or guardian to attend a
conference with school officials. Reinstatement of the suspended pupil shall not be contingent upon
attendance by the pupils parent or guardian at the conference.
Page 66
48912.
(a) The governing board may suspend a pupil from school for any of the acts enumerated in Section
48900 for any number of schooldays within the limits prescribed by Section 48903.
(c) Before calling a closed session to consider these matters, the governing board shall, in writing, by
registered or certified mail or by personal service, notify the pupil and the pupils parent or guardian, or
the pupil if the pupil is an adult, of the intent of the governing board to call and hold a closed session.
Unless the pupil or the pupils parent or guardian shall, in writing, within 48 hours after receipt of the
written notice of the boards intention, request that the hearing be held as a public meeting, the hearing to
consider these matters shall be conducted by the governing board in closed session. In the event that a
written request is served upon the clerk or secretary of the governing board, the meeting shall be public,
except that any discussion at that meeting which may be in conflict with the right to privacy of any pupil
other than the pupil requesting the public meeting, shall be in closed session.
48914.
Each school district is authorized to establish a policy that permits school officials to conduct a meeting
with the parent or guardian of a suspended pupil to discuss the causes, the duration, the school policy
involved, and other matters pertinent to the suspension.
48916.
(e) The governing board shall provide written notice to the expelled pupil and the pupils parent or
guardian describing the reasons for denying the pupil readmittance into the regular school district
program. The written notice shall also include the determination of the educational program for the
expelled pupil pursuant to subdivision (d). The expelled pupil shall enroll in that educational program
unless the parent or guardian of the pupil elects to enroll the pupil in another school district.
49332.
The parent or guardian of a pupil from whom an injurious object has been taken pursuant to this section
may be notified by school personnel of the taking.
56521.1.
(e) To prevent emergency interventions from being used in lieu of planned, systematic behavioral
interventions, the parent, guardian, and residential care provider, if appropriate, shall be notified within
Page 67
one schoolday if an emergency intervention is used or serious property damage occurs. A behavioral
emergency report shall immediately be completed and maintained in the file of the individual with
exceptional needs. The behavioral emergency report shall include all of the following:
(1) The name and age of the individual with exceptional needs.
(2) The setting and location of the incident.
(3) The name of the staff or other persons involved.
(4) A description of the incident and the emergency intervention used, and whether the individual with
exceptional needs is currently engaged in any systematic behavioral intervention plan.
(5) Details of any injuries sustained by the individual with exceptional needs, or others, including staff,
as a result of the incident.

STATUTES
32281.
with paragraph (1).
48260.6.
(b) The school district may also notify the district attorney or the probation officer, or both, as to whether
the pupil continues to be classified as a truant after the parents have been notified pursuant to subdivision
(a) of Section 48260.5.
(c) In any county which has not established a county school attendance review board, the district attorney
or the probation officer of the county in which the school district is located may notify the parents or
guardians of every truant, by first-class mail or other reasonable means, that they may be subject to
Page 68
prosecution pursuant to Article 6 (commencing with Section 48290) of Chapter 2 of Part 27 for failure to
compel the attendance of the pupil at school.
(d) If the district attorney or the probation officer, or both, are notified by a school district that a child
continues to be classified as a truant after the parents or guardians have been notified pursuant to
subdivision (a) of Section 48260.5, the district attorney or the probation officer in any county which has
not established a county school attendance review board may request the parents or guardians and the
child to attend a meeting in the district attorneys office or at the probation department pursuant to Section
601.3 of the Welfare and Institutions Code to discuss the possible legal consequences of the childs
truancy. Notice of the meeting shall be given pursuant to Section 601.3 of the Welfare and Institutions
Code.
48263.
Page 69
48267.
48269.
If the parent, guardian, or other person having control or charge of the child, within three days after the
rendition of the judgment executes a bond to the governing board of the school district in the sum of two
hundred dollars ($200), conditioned that the child will, during the remainder of the current school year,
regularly attend some public or private school in the city, or city and county, or school district, and not be
insubordinate or disorderly during attendance, then the court may make an order suspending the
execution of the judgment so long as the condition of the bond is complied with. The bond shall be filed
with the secretary of the board of education, or clerk of the board of trustees. All money paid or collected
on the bond shall be paid into the county treasury as provided in Section 41001.
48902.
(a) The principal of a school or the principals designee shall, before the suspension or expulsion of any
pupil, notify the appropriate law enforcement authorities of the county or city in which the school is
situated, of any acts of the pupil that may violate Section 245 of the Penal Code.
(b) The principal of a school or the principals designee shall, within one schoolday after suspension or
expulsion of any pupil, notify, by telephone or any other appropriate method chosen by the school, the
appropriate law enforcement authorities of the county or the school district in which the school is situated
of any acts of the pupil that may violate subdivision (c) or (d) of Section 48900.
(c) Notwithstanding subdivision (b), the principal of a school or the principals designee shall notify the
appropriate law enforcement authorities of the county or city in which the school is located of any acts of
a pupil that may involve the possession or sale of narcotics or of a controlled substance or a violation of
Section 626.9 or 626.10 of the Penal Code. The principal of a school or the principals designee shall
report any act specified in paragraph (1) or (5) of subdivision (c) of Section 48915 committed by a pupil or
nonpupil on a schoolsite to the city police or county sheriff with jurisdiction over the school and the school
security department or the school police department, as applicable.
(d) A principal, the principals designee, or any other person reporting a known or suspected act
described in subdivision (a) or (b) is not civilly or criminally liable as a result of making any report
Page 70
authorized by this article unless it can be proven that a false report was made and that the person knew
the report was false or the report was made with reckless disregard for the truth or falsity of the report.
(e) The principal of a school or the principals designee reporting a criminal act committed by a schoolage
individual with exceptional needs, as defined in Section 56026, shall ensure that copies of the special
education and disciplinary records of the pupil are transmitted, as described in Section 1415(6)(k) of Title
20 of the United States Code, for consideration by the appropriate authorities to whom he or she reports
the criminal act. Any copies of the pupils special education and disciplinary records may be transmitted
only to the extent permissible under the federal Family Educational Rights and Privacy Act of 1974 (20
U.S.C. Sec. 1232g et seq.).
48909.
48918.1.
(a) If the decision to recommend expulsion is a discretionary act and the pupil is a foster child, as defined
in Section 48853.5, the governing board of the school district shall provide notice of the expulsion hearing
to the pupils attorney and an appropriate representative of the county child welfare agency at least 10
calendar days before the date of the hearing. The notice may be made using the most cost-effective
method possible, which may include, but is not limited to, electronic mail or a telephone call.
(b) If a recommendation of expulsion is required and the pupil is a foster child, as defined in Section
48853.5, the governing board of the school district may provide notice of the expulsion hearing to the
pupils attorney and an appropriate representative of the county child welfare agency at least 10 calendar
days before the date of the hearing. The notice may be made using the most cost-effective method
possible, which may include, but is not limited to, electronic mail or a telephone call.

STATUTES
48201.
(a) Except for pupils exempt from compulsory school attendance under Section 48231, any parent,
guardian, or other person having control or charge of any minor between the ages of 6 and 16 years who
removes the minor from any city, city and county, or school district before the completion of the current
school term, shall enroll the minor in a public full-time day school of the city, city and county, or school
district to which the minor is removed.
(b) (1) Upon a pupils transfer from one school district to another, the school district into which the pupil is
transferring shall request that the school district in which the pupil was last enrolled provide any records
that the district maintains in its ordinary course of business or receives from a law enforcement agency
regarding acts committed by the transferring pupil that resulted in the pupils suspension from school or
expulsion from the school district. Upon receipt of this information, the receiving school district shall
Page 71
inform any teacher of the pupil that the pupil was suspended from school or expelled from the school
district and shall inform the teacher of the act that resulted in that action.
48264.5.
written warning by a peace officer as specified in Section 830.1 of the Penal Code. A record of the written
warning may be kept at the school for not less than two years or until the pupil graduates or transfers
from that school. If the pupil transfers from that school, the record may be forwarded to the school
receiving the pupils school records. A record of the written warning may be maintained by the law
enforcement agency in accordance with that law enforcement agencys policies and procedures. The
pupil may also be assigned by the school to an afterschool or weekend study program located within the
same county as the pupils school. If the pupil fails to successfully complete the assigned study program,
the pupil shall be subject to subdivision (c).
48912.
48918.
(k) The governing board shall maintain a record of each expulsion, including the cause therefor. Records
of expulsions shall be a nonprivileged, disclosable public record.
The expulsion order and the causes therefor shall be recorded in the pupils mandatory interim record and
shall be forwarded to any school in which the pupil subsequently enrolls upon receipt of a request from
the admitting school for the pupils school records.

STATUTES
32282.
(1) Assessing the current status of school crime committed on school campuses and at school-related
functions.
32286.
(a) Each school shall adopt its comprehensive school safety plan by March 1, 2000, and shall review and
update its plan by March 1, every year thereafter. A new school campus that begins offering classes to
pupils after March 1, 2001, shall adopt a comprehensive school safety plan within one year of initiating
operation, and shall review and update its plan by March 1, every year thereafter.
(b) Commencing in July 2000, and every July thereafter, each school shall report on the status of its
school safety plan, including a description of its key elements in the annual school accountability report
card prepared pursuant to Sections 33126 and 35256.
Page 72
48202.
The county board of education of each county may establish, by resolution, the following regulation
requiring the reporting of various types of severance of attendance of or by any pupil subject to the
compulsory education laws of California or of any one or more of the types of severance enumerated in
subdivision (a) below and may require such reporting of any or all of the private and public schools of the
county:
(a) The administration of each private school and public school district of the county shall, upon the
severance of attendance by any pupil subject to the compulsory education laws of California, whether
by expulsion, exclusion, exemption, transfer, suspension beyond 10 schooldays, or other reasons,
report such severance to the county superintendent of schools in the jurisdiction. The report shall
include names, ages, last known address and the reason for each such severance.
(b) It shall be the duty of the county superintendent of such county to examine such reports and draw to
the attention of the county board of education and local district board of education any cases in which
the interests of the child or the welfare of the state may need further examination.
(c) After preliminary study of available information in cases so referred to it, the county board of
education may, on its own action, hold hearings on such cases in the manner provided in Sections
48915 through 48920 and with the same powers of final decision as therein provided.
48273.
The governing board of each school district shall adopt rules and regulations to require the appropriate
officers and employees of the district to gather and transmit to the county superintendent of schools the
number and types of referrals to school attendance review boards and of requests for petitions to the
juvenile court pursuant to Section 48263.
48911.2.
(b) At the end of the academic year, the school may report to the district superintendent in charge of
school support services, or other comparable administrator if that position does not exist, on the rate of
reduction in the schools off-campus suspensions and the plan or activities used to comply with
subdivision (a).
48916.1.
(e) (1) Each school district shall maintain the following data:
(A) The number of pupils recommended for expulsion.
(B) The grounds for each recommended expulsion.
(C) Whether the pupil was subsequently expelled.
(D) Whether the expulsion order was suspended.
(E) The type of referral made after the expulsion.
(F) The disposition of the pupil after the end of the period of expulsion.
(2) The Superintendent may require a school district to report this data as part of the coordinated
compliance review. If a school district does not report outcome data as required by this subdivision, the
Superintendent may not apportion any further money to the school district pursuant to Section 48664
until the school district is in compliance with this subdivision. Before withholding the apportionment of
funds to a school district pursuant to this subdivision, the Superintendent shall give written notice to the
governing board of the school district that the school district has failed to report the data required by
paragraph (1) and that the school district has 30 calendar days from the date of the written notice of
Page 73
noncompliance to report the requested data and thereby avoid the withholding of the apportionment of
funds.
48926.
Each county superintendent of schools, in conjunction with the superintendents of the school districts,
shall submit to the Superintendent of Public Instruction the county plan for providing educational services
to all expelled pupils in the county no later than June 30, 1997, and shall submit a triennial update to the
plan to the Superintendent of Public Instruction, including the outcome data pursuant to Section 48916.1,
on June 30th thereafter.
Page 74

STATUTES
32281.
(a) Each school district and county office of education is responsible for the overall development of all
comprehensive school safety plans for its schools operating kindergarten or any of grades 1 to 12,
inclusive.
(b) (1) Except as provided in subdivision (d) with regard to a small school district, the schoolsite council
established pursuant to former Section 52012, as it existed before July 1, 2005, or Section 52852 shall
write and develop a comprehensive school safety plan relevant to the needs and resources of that
particular school.
(2) The schoolsite council may delegate this responsibility to a school safety planning committee made
up of the following members:
(A) The principal or the principals designee.
(B) One teacher who is a representative of the recognized certificated employee organization.
(C) One parent whose child attends the school.
(D) One classified employee who is a representative of the recognized classified employee
organization.
(E) Other members, if desired.
(3) The schoolsite council shall consult with a representative from a law enforcement agency in the
writing and development of the comprehensive school safety plan.
(4) In the absence of a schoolsite council, the members specified in paragraph (2) shall serve as the
school safety planning committee.
(c) Nothing in this article shall limit or take away the authority of school boards as guaranteed under this
code.
(d) (1) Subdivision (b) shall not apply to a small school district, as defined in paragraph (2), if the small
school district develops a districtwide comprehensive school safety plan that is applicable to each
schoolsite.
48264.
The attendance supervisor or his or her designee, a peace officer, a school administrator or his or her
designee, or a probation officer may arrest or assume temporary custody, during school hours, of any
minor subject to compulsory full-time education or to compulsory continuation education found away from
his or her home and who is absent from school without valid excuse within the county, city, or city and
county, or school district.
48264.5.
(c) The third time a truancy report is issued within the same school year, the pupil shall be classified as a
habitual truant, as defined in Section 48262, and may be referred to, and required to attend, an
Page 75
mediation program, the pupil may be required to attend a comparable program deemed acceptable by the
school districts attendance supervisor. If the pupil does not successfully complete the truancy mediation
program or other similar program, the pupil shall be subject to subdivision (d).
48265.
Any person arresting or assuming temporary custody of a minor pursuant to Section 48264 shall forthwith
deliver the minor either to the parent, guardian, or other person having control, or charge of the minor, or
to the school from which the minor is absent, or to a nonsecure youth service or community center
designated by the school or district for counseling prior to returning such minor to his home or school, or
to a school counselor or pupil services and attendance officer located at a police station for the purpose
of obtaining immediate counseling from the counselor or officer prior to returning or being returned to his
home or school, or, if the minor is found to have been declared an habitual truant, he shall cause the
minor to be brought before the probation officer of the county having jurisdiction over minors.
48266.
Any person taking action pursuant to Sections 48264 and 48265 shall report the matter, and the
disposition made by him of the minor to the school authorities of the city, or city and county, or school
district and to the minors parent or guardian.

Page 76

STATUTES
32261.
hate crimes.
(c) It is the intent of the Legislature in enacting this chapter to support California public schools as they
develop their mandated comprehensive safety plans that are the result of a systematic planning process,
that include strategies aimed at the prevention of, and education about, potential incidents involving crime
and violence on school campuses, and that address the safety concerns of local law enforcement
agencies, community leaders, parents, pupils, teachers, administrators, school police, and other school
employees interested in the prevention of school crime and violence.
harassment.
(e) It is the intent of the Legislature in enacting this chapter that the School/Law Enforcement Partnership
shall not duplicate any existing gang or drug and alcohol abuse program currently provided for schools.
48900.
48900.
32265.
(a) The partnership shall sponsor at least two regional conferences for school districts, county offices of
education, agencies serving youth, allied agencies, community-based organizations, and law
enforcement agencies to identify exemplary programs and techniques that have been effectively used to
reduce school crime, including hate crimes, vandalism, drug and alcohol abuse, gang membership and
gang violence, truancy, and excessive absenteeism.
(b) The conference may include, but need not be limited to, information on all of the following topics:
Page 77
(1) Interagency collaboration between schools, agencies serving youth, law enforcement agencies, and
others.
(2) School attendance.
(3) School safety.
(4) Citizenship education.
(5) Drug and alcohol abuse.
(6) Child abuse prevention, detection, and reporting.
(7) Parental education.
(8) Crisis response training.
(9) Bullying prevention, including the prevention of acts committed personally or by means of an
electronic act.
(10) Threat assessment.
(11) Conflict resolution and youth mediation.
(12) Teen relationship violence.
(13) Discrimination and harassment reporting and prevention, including, but not limited to, sexual
harassment reporting and prevention.
(14) Hate crime reporting and prevention.
(15) Reporting and prevention of abuse against pupils with disabilities.
49350.
(a) The Legislature finds and declares all of the following:
(1) Studies have shown that indicators of risk for violence are associated with a childs experiences at
school. Antisocial behavior or aggressiveness, which is sometimes combined with isolation, withdrawal,
hyperactivity, or attention deficit disorder, places children at increased risk of violence.
(2) These children are at risk of persistent antisocial behavior, such as skipping school, getting into
fights, and misbehaving in class. Young people of both genders who engage in these activities are at
increased risk of experiencing drug abuse, juvenile delinquency, violence, dropping out of school, and
teen pregnancy.
(3) It is well-known that some youth, even though exposed to multiple risk factors, do not succumb to
violent, antisocial behavior. One of the defining factors for this outcome is bondingpositive
relationships with family members, teachers, police officers, sheriffs deputies, and other adults.
(4) The Community Policing and Mentoring for School Safety Pilot Program brings this successful law
enforcement strategy to Californias schools. By providing funding assistance, strict participation
guidelines and assessments, the Community Policing and Mentoring for School Safety Pilot Program
will bring highly trained law enforcement officers onto school campuses to work with students during
and after school. Community policing in schools will provide the necessary opportunities for students
active involvement in positive activities, as well as trained personnel to teach them skills so that they
may pursue later opportunities successfully. Community policing in schools provides a consistent
system of recognition and reinforcement of positive behavior.
(5) Many school safety approaches, including metal detectors, drug-sniffing dogs, armed private
security personnel, and similar security measures, are more one-dimensional in their approach to
school safety. The Community Policing and Mentoring for School Safety Pilot Program takes a
multidimensional approach by involving the community, schools, parents or guardians, and law
enforcement personnel in the design of the program that will serve their schools. The relationships
Page 78
developed, as a result of this process and the programs themselves, will be a strong preventative
alternative to antisocial behavior in Californias schools.
(b) As used in this article, community policing means an approach to crime prevention that is founded
on developing positive relationships between law enforcement and the community. In community policing,
law enforcement becomes an integral facet of the community because officers work directly with the
community and develop positive relationships with members of the community. Community members
become more involved in their communitys activities because they know they have the personal support
of law enforcement. Community policing identifies factors that put young people at risk for violence in
order to reduce or eliminate these factors and strengthen protective factors such as positive relationships
with adults.
(Added by Stats. 1997, Ch. 935, Sec. 1. Effective January 1, 1998.)
49350.5.
(a) In order to ensure that students enrolled in the California public schools attend campuses that are
safe, secure, orderly, and purposeful places in which students and staff are free to learn and teach
without the threat of physical or psychological harm, it is the intent of the Legislature that two-year grants
be provided to the ABC Unified School District and the Downey Unified School District to establish
community policing school safety and mentoring programs.
(b) Grants under this article shall be awarded in order to develop and implement a plan that accomplishes
both of the following:
(1) Provision for a continuum of responses to school safety needs by employees of school districts and
local law enforcement agencies.
(2) Demonstration of a collaborative and integrated approach for implementing a system of providing
safe and secure school environments between the school districts and local law enforcement agencies.
(c) Grant funds shall be expended as determined by the multiagency juvenile justice coordinating council,
established pursuant to subdivision (b) of Section 49351.
(d) Grants under this article shall not be used to provide funding for school resource officers.
49351.
(a) (1) The Community Policing and Mentoring for School Safety Pilot Program is hereby established. The
Community Policing and Mentoring for School Safety Pilot Program shall be administered by the State
Department of Education for the purpose of reducing juvenile crime and delinquency. The
Superintendent of Public Instruction shall award grants to the ABC Unified School District and the
Downey Unified School District to accomplish the goals set forth in subdivision (b) of Section 49350.5.
(2) Programs funded pursuant to this article may include, but not necessarily be limited to, all of the
following methods of community policing:
(A) Teaching conflict resolution classes.
(B) Teaching crime prevention classes.
(C) Operating afterschool programs.
(D) Provide mentoring.
(E) Patrolling the community that encompasses the school district participating in the Community
Policing and Mentoring for School Safety Pilot Program.
Page 79
(b) Each school district that receives a grant under this article shall be required to establish a multiagency
juvenile justice coordinating council that shall develop and implement a continuum of community-based
responses to juvenile crime in the school setting.
(c) The coordinating councils established pursuant to subdivision (b) shall, at a minimum, include the
school district, law enforcement agency, a volunteer police representative, parents, and at least two
community organizations. The coordinating councils shall develop a comprehensive, multiagency plan
that identifies resources and strategies for providing an effective targeted community policing plan, for
activities relating to prevention, intervention, supervision, and treatment of at-risk youths in school
settings.
49352.
The coordinating council established pursuant to subdivision (b) of Section 49351 shall accomplish all of
the following:
(a) Complete an identification and prioritization of the schools, and other areas in the community, that
face a significant public safety risk from juvenile crime, such as gang activity, daylight burglary, latenight robbery, vandalism, truancy, controlled substance sales, firearm-related violence, and juvenile
alcohol use within the councils jurisdiction.
(b) Develop information and intelligence sharing systems to ensure that school districts actions are fully
coordinated with locallaw enforcement agencies, and to provide data for measuring the success of the
grantee in achieving its goals. The plan shall develop goals related to the outcome measures that shall
be used to determine the effectiveness of the program, at participating pilot sites.
(c) Identify outcome measures which shall include, but not necessarily be limited to, each of the
following:
(1) The rate of drug- and alcohol-related offenses.
(2) The rate of crimes against persons.
(3) The rate of crimes against property.
(4) Incidence of students in possession of firearms or other weapons.
49353.
(a) The State Department of Education shall award grants under this article to implement the plan
developed pursuant to subdivision (b) of Section 49350.5 for a two-year period. Funding shall be used to
supplement, rather than supplant, existing programs. Grant funds shall be used for programs that are
identified in the local action plan as part of a continuum of responses to reduce juvenile crime and
delinquency in a school setting. In no case shall the total amount of grant funds for the two-year period
exceed two hundred thousand dollars ($200,000).
(b) (1) No grant shall be awarded unless the applicant does both of the following:
(A) Makes matching funds available in an amount equal to 50 percent or more of the amount of the
grant.
(B) Demonstrates a commitment by local law enforcement agencies or other participating agencies to
contribute matching funds in an amount equal to 50 percent or more of the amount of the grant.
(2) For purposes of this section, credit towards the matching fund requirement may be granted in an
amount equal to the value of an in-kind contribution made on behalf of the school district or on behalf of
a law enforcement agency or another participating agency.
Page 80

49354.
The State Department of Education shall establish minimum standards, funding schedules, and
procedures for grants, which shall take into consideration, but not necessarily be limited to, all of the
following:
(a) Size of the eligible high-risk youth population.
(b) Demonstrated ability to administer the program.
(c) Demonstrated ability to provide and develop a continuum of responses to juvenile crime and
delinquency that includes prevention, intervention, diversion, suppression, and incapacitation.
(d) Demonstrated ability to implement a plan that provides a collaborative and integrated approach to
juvenile crime and delinquency in a school setting.
(e) Demonstrated history of maximizing federal, state, local, and private funding sources.
(f) Likelihood that the program will continue to operate after state grant funding ends.
49355.
The State Department of Education shall create an evaluation design for the Community Policing and
Mentoring for School Safety Pilot Program. School districts that receive grants under this article shall use
this evaluation design to assess the effectiveness of their programs. These school districts shall transmit
their assessments to the department. The department shall develop an interim report to be submitted to
the Legislature on or before March 1, 2000, and a final analysis of the grant program in a report to be
submitted to the Legislature on or before March 1, 2002.
STATUTES
32282.
(c) Grants to assist schools in implementing their comprehensive school safety plan shall be made
available through the partnership as authorized by Section 32285.
32285.
(a) The governing board of a school district, on behalf of one or more schools within the district that have
developed a school safety plan, may apply to the Superintendent of Public Instruction for a grant to
implement school safety plans. The partnership shall award grants for school safety plans that include,
but are not limited to, the following criteria:
(1) Assessment of the recent incidence of crime committed on the school campus.
(2) Identification of appropriate strategies and programs that will provide or maintain a high level of
school safety.
(3) Development of an action plan, in conjunction with local law enforcement agencies, for implementing
appropriate safety strategies and programs, and determining the fiscal impact of executing the
strategies and programs. The action plan shall identify available resources which will provide for
implementation of the plan.
(b) The Superintendent of Public Instruction shall award grants pursuant to this section to school districts
for the implementation of individual school safety plans in an amount not to exceed five thousand dollars
Page 81
($5,000) for each school. No grant shall be made unless the school district makes available, for purposes
of implementing the school safety plans, an amount of funds equal to the amount of the grant. Grants
should be awarded through a competitive process, based upon criteria including, but not limited to, the
merit of the proposal and the need for imposing school safety, based on school crime rates.
(c) Any school receiving a grant under this section shall submit to the Superintendent of Public Instruction
verified copies of its schoolsite crime report annually for three consecutive years following the receipt of
the grant to study the impact of the implementation of the school safety plan on the incidence of crime on
the campus of the school.
48911.1.
(c) School districts may continue to claim apportionments for each pupil assigned to and attending a
supervised suspension classroom provided as follows:
(1) The supervised suspension classroom is staffed as otherwise provided by law.
(2) Each pupil has access to appropriate counseling services.
(3) The supervised suspension classroom promotes completion of schoolwork and tests missed by the
pupil during the suspension.
(4) Each pupil is responsible for contacting his or her teacher or teachers to receive assignments to be
completed while the pupil is assigned to the supervised suspension classroom. The teacher shall
provide all assignments and tests that the pupil will miss while suspended. If no classroom work is
assigned, the person supervising the suspension classroom shall assign schoolwork.
(f) Apportionments claimed by a school district for pupils assigned to supervised suspension shall be
used specifically to mitigate the cost of implementing this section.
49350.5.
(a) In order to ensure that students enrolled in the California public schools attend campuses that are
safe, secure, orderly, and purposeful places in which students and staff are free to learn and teach
without the threat of physical or psychological harm, it is the intent of the Legislature that two-year grants
be provided to the ABC Unified School District and the Downey Unified School District to establish
community policing school safety and mentoring programs.
(b) Grants under this article shall be awarded in order to develop and implement a plan that accomplishes
both of the following:
(1) Provision for a continuum of responses to school safety needs by employees of school districts and
local law enforcement agencies.
(2) Demonstration of a collaborative and integrated approach for implementing a system of providing
safe and secure school environments between the school districts and local law enforcement agencies.
(c) Grant funds shall be expended as determined by the multiagency juvenile justice coordinating council,
established pursuant to subdivision (b) of Section 49351.
(d) Grants under this article shall not be used to provide funding for school resource officers.
49353.
(a) The State Department of Education shall award grants under this article to implement the plan
developed pursuant to subdivision (b) of Section 49350.5 for a two-year period. Funding shall be used to
supplement, rather than supplant, existing programs. Grant funds shall be used for programs that are
identified in the local action plan as part of a continuum of responses to reduce juvenile crime and
Page 82
delinquency in a school setting. In no case shall the total amount of grant funds for the two-year period
exceed two hundred thousand dollars ($200,000).
(b) (1) No grant shall be awarded unless the applicant does both of the following:
(A) Makes matching funds available in an amount equal to 50 percent or more of the amount of the
grant.
(B) Demonstrates a commitment by local law enforcement agencies or other participating agencies to
contribute matching funds in an amount equal to 50 percent or more of the amount of the grant.
(2) For purposes of this section, credit towards the matching fund requirement may be granted in an
amount equal to the value of an in-kind contribution made on behalf of the school district or on behalf of
a law enforcement agency or another participating agency.
Page 83
Other/Uncategorized
STATUTES
32281.
with paragraph (1).
48201.
(2) A school district, or school district officer or employee, is not civilly or criminally liable for providing
information under this subdivision unless it is proven that the information was false and that the district or
district officer or employee knew or should have known that the information was false or the information
was provided with a reckless disregard for its truth or falsity.
48902.
(a) The principal of a school or the principals designee shall, before the suspension or expulsion of any
pupil, notify the appropriate law enforcement authorities of the county or city in which the school is
situated, of any acts of the pupil that may violate Section 245 of the Penal Code.
(b) The principal of a school or the principals designee shall, within one schoolday after suspension or
expulsion of any pupil, notify, by telephone or any other appropriate method chosen by the school, the
appropriate law enforcement authorities of the county or the school district in which the school is situated
of any acts of the pupil that may violate subdivision (c) or (d) of Section 48900.
(c) Notwithstanding subdivision (b), the principal of a school or the principals designee shall notify the
appropriate law enforcement authorities of the county or city in which the school is located of any acts of
a pupil that may involve the possession or sale of narcotics or of a controlled substance or a violation of
Section 626.9 or 626.10 of the Penal Code. The principal of a school or the principals designee shall
report any act specified in paragraph (1) or (5) of subdivision (c) of Section 48915 committed by a pupil or
nonpupil on a schoolsite to the city police or county sheriff with jurisdiction over the school and the school
security department or the school police department, as applicable.
(d) A principal, the principals designee, or any other person reporting a known or suspected act
described in subdivision (a) or (b) is not civilly or criminally liable as a result of making any report
Page 84
authorized by this article unless it can be proven that a false report was made and that the person knew
the report was false or the report was made with reckless disregard for the truth or falsity of the report.
(e) The principal of a school or the principals designee reporting a criminal act committed by a schoolage
individual with exceptional needs, as defined in Section 56026, shall ensure that copies of the special
education and disciplinary records of the pupil are transmitted, as described in Section 1415(6)(k) of Title
20 of the United States Code, for consideration by the appropriate authorities to whom he or she reports
the criminal act. Any copies of the pupils special education and disciplinary records may be transmitted
only to the extent permissible under the federal Family Educational Rights and Privacy Act of 1974 (20
U.S.C. Sec. 1232g et seq.).
49334.
If a school employee initially notifies a law enforcement agency regarding a student or adult who
possesses an injurious object while upon school premises or while under the authority of school
personnel, the employee may not be subject to any civil or administrative proceeding, including any
disciplinary action, for violation of any local policy or procedure relating to the notification of a law
enforcement agency. The employee shall conform to locally adopted procedures after exercising his or
her personal option to notify a law enforcement agency.

STATUTES
48263.
48900.6.
As part of or instead of disciplinary action prescribed by this article, the principal of a school, the
principals designee, the superintendent of schools, or the governing board may require a pupil to perform
community service on school grounds or, with written permission of the parent or guardian of the pupil, off
school grounds, during the pupils nonschool hours. For the purposes of this section, community service
may include, but is not limited to, work performed in the community or on school grounds in the areas of
outdoor beautification, community or campus betterment, and teacher, peer, or youth assistance
programs. This section does not apply if a pupil has been suspended, pending expulsion, pursuant to
Section 48915. However, this section applies if the recommended expulsion is not implemented or is,
itself, suspended by stipulation or other administrative action.
Other/Uncategorized
STATUTES
48908.
All pupils shall comply with the regulations, pursue the required course of study, and submit to the
authority of the teachers of the schools.
Page 85

School Discipline
resources provided by California provide additional context to state policy and regulations and, in some
Title
Description
School
Environment
Provides training, resources, and technical

assistance in the establishment of a
school/community environment that is
physically and emotionally safe, welldisciplined, and conducive to learning.
http://www.cde.ca.gov/ls/ss/se/index.
asp
Bullying and Hate

Motivated
Behavior
Provides resources for parents,

administrators, and students on how
bullying can be prevented and addressed.
Resources include publications, sample
policies, and frequently asked questions.
http://www.cde.ca.gov/ls/ss/se/bullyi
ngprev.asp
Classroom
Management
Information and resources to successfully

manage unwanted behavior in classrooms.
http://www.cde.ca.gov/ls/ss/se/classr
oommgmt.asp
Positive School
Climate
Information regarding the importance of

positive school climate and resources to
improve school climate.
http://www.cde.ca.gov/ls/ss/se/schoo
lclimate.asp
Unsafe School
Choice Option
Provisions
Information regarding the Unsafe School

Choice Option (USCO) provisions of the
No Child Left Behind Act.
http://www.cde.ca.gov/ls/ss/se/usco.
asp
Zero Tolerance
Information regarding zero tolerance

policies for firearms in schools.
http://www.cde.ca.gov/ls/ss/se/zeroto
lerance.asp
Website
Documents
No relevant
resources found
Other Resources
No relevant
resources found
Page 86
Colorado
Discipline Laws and
Regulations
Introduction
document.
Notes & Disclaimers

Prepared by:
Child Trends
Suite 1200W
Suite 110
Table of Contents
Colorado State Codes Cited....................................................................................................................... 1
Scope ........................................................................................................................................................ 4
Other weapons ........................................................................................................................................ 27
Substance use......................................................................................................................................... 33
Prevention ............................................................................................................................................... 38
Colorado State Codes Cited

Colorado Revised Statutes
Title 18. Criminal Code
Article 9. Offenses Against Public Peace, Order, and Decency
Part 1. Public Peace and Order
18-9-124.
Hazing - penalties - legislative declaration
Title 22. Education

General and Administrative
22-1-117.
22-1-118.
Secret fraternities forbidden

School board to enforce
Article 11. Education Accountability

22-11-302.
School district accountability committees - powers and duties
Article 12. Teacher and School Administrator Protection Act

22-12-104.
Liability
Article 14. Dropout Prevention and Student Re-Engagement

22-14-103.
22-14-104.
22-14-105.
22-14-108.
22-14-109.
Office of dropout prevention and student re-engagement - created - purpose duties

Report of effective policies and strategies - creation use
Assessment of statewide student attendance data report
Local education provider - notice to parent of dropout status
Student re-engagement grant program - rules - application - grants - fund created
report
Article 32. School District Boards Powers and Duties

22-32-109.1.
Board of education - specific powers and duties - safe school plan - conduct and
discipline code - safe school reporting requirements
Article 33. School Attendance Law of 1963

22-33-102.
22-33-105.
22-33-106.
22-33-106.5.
22-33-107.
22-33-107.5.
22-33-108.
22-33-201.
22-33-202.
22-33-203.
Definitions
Suspension, expulsion, and denial of admission
Grounds for suspension, expulsion, and denial of admission
Information concerning offenses committed by students
Enforcement of compulsory school attendance
Notice of failure to attend
Judicial proceedings
Legislative declaration
Identification of at-risk students
Educational alternatives for expelled students
Colorado Compilation of School Discipline Laws and Regulations
Page 1
22-33-204.
22-33-204.5.
22-33-205.
Services for at-risk students - agreements with state agencies and community
organizations
Legislative declaration
Services for expelled and at-risk students - grants criteria
Article 93. School bullying Prevention and Education Grant Program

22-93-101.
22-93-102.
22-93-103.
22-93-104.
22-93-105.
22-93-106.
Definitions
School bullying prevention and education grant program created
School bullying prevention and education grant program - grant process - reports by
grant recipients
Rules
School bullying prevention and education cash fund created
School bullying prevention and education - availability of best practices and other
resources
Title 26. Human Services Code

Article 20. Protection of Persons from Restraint
26-20-108.
Rules
Colorado Administrative Code

300 Department of Education
301 Colorado State Board of Education
1 CCR 301-45. Rules for the Administration of the Protection of Persons from Restraint Act
2620-R- 1.00.
2620-R- 2.01.
2620-R- 2.02.
2620-R- 2.03.
2620-R- 2.04.
2620-R- 2.05.
2620-R- 2.06.
Statement of Basis Purpose

Basis for the Use of Restraint
Duties Related to the Use of Restraint
Staff Training
Documentation and Notification Requirements
Review of the Use of Restraint
Exceptions
Page 2
General Provisions
STATUTES
22-1-118. School board to enforce
The boards of directors of all school districts shall enforce the provisions of section 22-1-117, and shall
have full power to make, adopt, and modify all rules and regulations which in their judgment and
discretion may be necessary for the proper governing of such schools and for the enforcing of all the
provisions of section 22-1-117.
22-11-302. School district accountability committees - powers and duties.
(1) Each school district accountability committee shall have the following powers and duties:
(f) To provide input to the local school board concerning the creation and enforcement of its school
conduct and discipline code.
22-32-109.1. Board of education - specific powers and duties - safe school plan - conduct and
discipline code - safe school reporting requirements.
(1.5) Mission statement. Each school district board of education shall adopt a mission statement for the
school district, which statement shall include making safety for all students and staff a priority in each
public school of the school district.
(2) Safe school plan. In order to provide a learning environment that is safe, conducive to the learning
process, and free from unnecessary disruption, following consultation with the school district
accountability committee and school accountability committees, parents, teachers, administrators,
students, student councils where available, and, where appropriate, the community at large, each school
district board of education shall adopt and implement a safe school plan, or review and revise, as
necessary in response to any relevant data collected by the school district, any existing plans or policies
already in effect. In addition to the aforementioned parties, each school district board of education, in
adopting and implementing its safe school plan, may consult with victims advocacy organizations, school
psychologists, and local law enforcement agencies. The plan, at a minimum, shall include the following:
(a) Conduct and discipline code.
(A) General policies on student conduct, safety, and welfare;
(C) Provisions for the initiation of suspension or expulsion proceedings for students who qualify as
habitually disruptive students;
(E) General policies and procedures for determining the circumstances under and the manner in
which disciplinary actions, including suspension and expulsion, shall be imposed in accordance with
the provisions of sections 22-33-105 and 22-33-106;
(F) A specific policy concerning gang-related activities on school grounds, in school vehicles, and at
school activities or sanctioned events.
22-33-104. Compulsory school attendance.
(4) (a) The board of education shall adopt a written policy setting forth the district's attendance
requirements. Said policy shall provide for excused absences, including those listed as exclusions from
compulsory school attendance in accordance with subsection (2) of this section. An attendance policy
Page 3
developed pursuant to this section may include appropriate penalties for nonattendance due to
unexcused absence.
(b) The attendance policy adopted pursuant to this subsection (4) shall specify the maximum number of
unexcused absences a child may incur before the attorney for the school district, the attendance officer,
or the local board of education may initiate judicial proceedings pursuant to section 22-33-108.
Calculation of the number of unexcused absences a child has incurred includes all unexcused
absences occurring during any calendar year or during any school year.
(c) On or before January 1, 2009, the state board shall adopt rules establishing a standardized
calculation for counting unexcused absences of students, including the circumstance in which a student
is absent for part of a school day, and the format for reporting the information to the department
pursuant to section 22-33-107.
22-33-105. Suspension, expulsion, and denial of admission.
(2) In addition to the powers provided in section 22-32-110, the board of education of each district may:
(a) Delegate to any school principal within the school district or to a person designated in writing by the
principal the power to suspend a pupil in his school for not more than five school days on the grounds
stated in section 22-33-106 (1) (a), (1) (b), (1) (c), or (1) (e) or not more than ten school days on the
grounds stated in section 22-33-106 (1) (d), unless expulsion is mandatory pursuant to such provision;
(b) Suspend, on the grounds stated in section 22-33-106, a pupil from school for not more than another
ten school days, or may delegate such power to its executive officer; except that the latter may extend a
suspension to an additional ten school days if necessary in order to present the matter to the next
meeting of the board of education, but the total period of suspension pursuant to this paragraph (b) and
paragraph (a) of this subsection (2) shall not exceed twenty-five school days; and
(c) Deny admission to, or expel for any period not extending beyond one year, any child whom the
board of education, in accordance with the limitations imposed by this article, shall determine does not
qualify for admission to, or continued attendance at, the public schools of the district.
26-20-108. Rules.
Each agency that is authorized to promulgate rules or adopt ordinances shall promulgate rules or adopt
ordinances applicable to the agencies within their respective jurisdictions that establish procedures for the
use of restraint consistent with the provisions of this article. Any agency that has rules or ordinances in
existence on April 22, 1999, is not required to promulgate additional rules or adopt additional ordinances
unless that agency's existing rules or ordinances do not meet the minimum requirements of this article.
Scope
STATUTES
(2) The plan, at a minimum, shall include the following:
(a) Conduct and discipline Code
(B) General policies and procedures for dealing with students who cause a disruption on school
grounds, in a school vehicle, or at a school activity or sanctioned event, including a specific policy
allowing a teacher to remove a disruptive student from his or her classroom. The policy shall state
that, upon the third such removal from a teacher's class, the teacher may remove the disruptive
student from the teacher's class for the remainder of the term of the class; except that a disruptive
Page 4
student shall not be removed from a teacher's class for the remainder of the term of the class unless
the principal of the student's school or his or her designee has developed and implemented a
behavior plan for the student. A behavior plan may be developed after the first such removal from
class and shall be developed after the second removal from class. The general policies and
procedures shall include a due process procedure, which at a minimum shall require that, as soon as
possible after a removal, the teacher or the school principal shall contact the parent or legal guardian
of the student to request his or her attendance at a student-teacher conference regarding the
removal. Any policy or procedure adopted shall comply with applicable federal and state laws,
including but not limited to laws regarding students with disabilities. (G) Written prohibition, consistent
with section 22-33-106, of students from bringing or possessing dangerous weapons, drugs, or other
controlled substances on school grounds, in a school vehicle, or at a school activity or sanctioned
event and from using drugs or other controlled substances on school grounds, in a school vehicle, or
at a school activity or sanctioned event;
22-32-146. School use of on-site peace officers as school resource officers - notifications of
arrests and notices issued - reporting requirements.
(1) If a school resource officer or other law enforcement officer acting in his or her official capacity on
school grounds, in a school vehicle, or at a school activity or sanctioned event arrests a student of the
school, the officer shall notify the principal of the school or his or her designee of the arrest within twentyfour hours after the arrest.
school grounds, in a school vehicle, or at a school activity or sanctioned event issues a summons, ticket,
or other notice requiring the appearance of a student of the school in court or at a police station for
investigation relating to an offense allegedly committed on school grounds, in a school vehicle, or at a
school activity or sanctioned event, the officer shall notify the principal of the school or his or her designee
of the issuance of the summons, ticket, or other notice within ten days after the issuance of the summons,
ticket, or other notice.
(b) Except as provided in paragraph (c) of this subsection (3), a suspended pupil shall:
(I) Be required to leave the school building and the school grounds immediately, following a
determination by the parent, guardian, or legal custodian and the school of the best way to transfer
custody of the pupil to the parent, guardian, or legal custodian; and
STATUTES
(I) A concisely written conduct and discipline code that shall be enforced uniformly, fairly, and
consistently for all students. Copies of the code shall be provided to each student upon enrollment at
the elementary, middle, and high school levels and shall be posted or kept on file at each public
school in the school district. The school district shall take reasonable measures to ensure that each
student of each public school in the school district is familiar with the code.
Page 5
22-33-107. Enforcement of compulsory school attendance.

(3) (b) The board of education of each school district shall adopt and implement policies and procedures
concerning children who are habitually truant. The policies and procedures shall include provisions for
the development of a plan. The plan shall be developed with the goal of assisting the child to remain in
school and, when practicable, with the full participation of the child's parent, guardian, or legal
custodian. Appropriate school personnel shall make all reasonable efforts to meet with the parent,
guardian, or legal custodian of the child to review and evaluate the reasons for the child's truancy. The
policies and procedures may also include but need not be limited to the following:
(II) Annually at the beginning of the school year and upon any enrollment during the school year,
notifying the parent of each child enrolled in the public schools in writing of such parent's obligations
pursuant to section 22-33-104 (5) and requesting that the parent acknowledge in writing awareness of
such obligations;
Page 6
STATUTES
22-33-201. Legislative declaration.
The general assembly hereby finds that except when a student's behavior would cause imminent harm to
others in the school or when an incident requires automatic expulsion as defined by state law or a
school's conduct and discipline code, expulsion should be the last step taken after several attempts to
deal with a student who has discipline problems. The general assembly further finds that school districts
should work with the student's parent or guardian and with state agencies and community-based nonprofit
organizations to develop alternatives to help students who are at risk of expulsion before expulsion
becomes a necessary step and to support students who are unable to avoid mandatory expulsion.
22-33-202. Identification of at-risk students.
(1) Each school district shall adopt policies to identify students who are at risk of suspension or expulsion
from school. Students identified may include those who are truant, who have been or are likely to be
declared habitually truant, or who are likely to be declared habitually disruptive. The school district shall
provide students who are identified as at risk of suspension or expulsion with a plan to provide the
necessary support services to help them avoid expulsion. The school district shall work with the student's
parent or guardian in providing the services and may provide the services through agreements with
appropriate local governmental agencies, appropriate state agencies, community-based organizations,
and institutions of higher education entered into pursuant to section 22-33-204.

STATUTES
(b) General policies and procedures for dealing with students who cause a disruption on school
allowing a teacher to remove a disruptive student from his or her classroom. The policy shall state that,
upon the third such removal from a teacher's class, the teacher may remove the disruptive student from
the teacher's class for the remainder of the term of the class; except that a disruptive student shall not
be removed from a teacher's class for the remainder of the term of the class unless the principal of the
student's school or his or her designee has developed and implemented a behavior plan for the
student. A behavior plan may be developed after the first such removal from class and shall be
developed after the second removal from class. The general policies and procedures shall include a
due process procedure, which at a minimum shall require that, as soon as possible after a removal, the
teacher or the school principal shall contact the parent or legal guardian of the student to request his or
her attendance at a student-teacher conference regarding the removal. Any policy or procedure
adopted shall comply with applicable federal and state laws, including but not limited to laws regarding
students with disabilities.
Page 7
STATUTES
(1) Definitions. As used in this section, unless the context otherwise requires:
(a) "Action taken" means a specific type of discipline, including but not limited to the following categories
of discipline:
(I) In-school suspension;
(II) Out-of-school suspension;
(III) Classroom removal in accordance with board policy;
(IV) Expulsion;
(V) Referral to a law enforcement agency; or
(VI) Any other form of discipline, which shall be officially identified as part of a board policy.
(b) "Bullying" means any written or verbal expression, or physical or electronic act or gesture, or a
pattern thereof, that is intended to coerce, intimidate, or cause any physical, mental, or emotional harm
to any student. Bullying is prohibited against any student for any reason, including but not limited to any
such behavior that is directed toward a student on the basis of his or her academic performance or
against whom federal and state laws prohibit discrimination upon any of the bases described in section
22-32-109 (1) (ll) (I). This definition is not intended to infringe upon any right guaranteed to any person
by the first amendment to the United States constitution or to prevent the expression of any religious,
political, or philosophical views.
(2) Safe school plan.
(II) In creating and enforcing a school conduct and discipline code pursuant to subparagraph (I) of this
paragraph (a), each school district board of education, on and after August 1, 2013, shall:
(A) Impose proportionate disciplinary interventions and consequences, including but not limited to
in-school suspensions, in response to student misconduct, which interventions and consequences
are designed to reduce the number of expulsions, out-of-school suspensions, and referrals to law
enforcement, except for such referrals to law enforcement as are required by state or federal law;
(B) Include plans for the appropriate use of prevention, intervention, restorative justice, peer
mediation, counseling, or other approaches to address student misconduct, which approaches are
designed to minimize student exposure to the criminal and juvenile justice system. The plans shall
state that a school administration shall not order a victim's participation in a restorative justice
practice or peer mediation if the alleged victim of an offending student's misconduct alleges that the
misconduct constitutes unlawful sexual behavior, as defined in section 16-22-102 (9), C.R.S.; a
crime in which the underlying factual basis involves domestic violence, as defined in section 18-6800.3 (1), C.R.S.; stalking as defined in section 18-3-602, C.R.S.; or violation of a protection order,
as defined in section 18-6-803.5, C.R.S.;
(C) Ensure that the implementation of the code complies with all state and federal laws concerning
the education of students with disabilities, as defined in section 22-20-103 (5); and
(D) Ensure that, in implementing the code, each school of the school district shows due
consideration of the impact of certain violations of the code upon victims of such violations, in
Page 8
accordance with the provisions of title IX of the United States Code and other state and federal
laws.
22-33-105. Suspension, expulsion, and denial of admission
(5) (a) Alternatively, the board of education or its designee may determine that it will wait until the
conclusion of the juvenile proceedings to consider the expulsion matter, in which case it shall be the
responsibility of the district to provide the student with an appropriate alternate education program,
including but not limited to an on-line program or on-line school authorized pursuant to article 30.7 of
this title, or a home-based education program during the period pending the resolution of the juvenile
proceedings. Information made available to the school district and not otherwise available to the public
pursuant to the provisions of section 19-1-304, C.R.S., shall remain confidential.
(4) The board of education of each district shall establish, as an alternative to suspension, a policy that
allows the pupil to remain in school by encouraging the parent, guardian, or legal custodian, with the
consent of the pupil's teacher or teachers, to attend class with the pupil for a period of time specified by
the suspending authority. If the parent, guardian, or legal custodian does not agree to attend class with
the pupil or fails to attend class with the pupil, the pupil shall be suspended in accordance with the
conduct and discipline code of the district.
and institutions of higher education entered into pursuant to section 22-33-204. The failure of the school
district to identify a student for participation in an expulsion-prevention program or the failure of such
program to remediate a student's behavior shall not be grounds to prevent school personnel from
proceeding with appropriate disciplinary measures or used in any way as a defense in an expulsion
proceeding.
Page 9

STATUTES
(2) Safe School plan
(a) Conduct and discipline code. The code shall include, but need not be limited to:
(D) Policies and procedures for the use of acts of reasonable and appropriate physical intervention or
force in dealing with disruptive students; except that no board shall adopt a discipline code that
includes provisions that are in conflict with the definition of child abuse in section 18-6-401 (1),
C.R.S., and section 19-1-103 (1), C.R.S.;

STATUTES
(I) A written policy concerning searches on school grounds, including searches of student lockers;

Page 10

STATUTES
of discipline:
(IV) Expulsion;
(E) General policies and procedures for determining the circumstances under and the manner in
which disciplinary actions, including suspension and expulsion, shall be imposed in accordance with
the provisions of sections 22-33-105 and 22-33-106;
(5) (a) Whenever a petition filed in juvenile court alleges that a child at least twelve years of age but under
eighteen years of age has committed an offense that would constitute unlawful sexual behavior, as
defined in section 16-22-102 (9), C.R.S., or a crime of violence, as defined in section 18-1.3-406,
C.R.S., if committed by an adult or whenever charges filed in district court allege that a child has
committed such an offense, basic identification information concerning such child and the details of the
alleged delinquent act or offense shall be provided immediately to the school district in which the child
is enrolled in accordance with the provisions of section 19-1-304 (5), C.R.S. Upon receipt of such
information, the board of education of the school district or its designee shall determine whether the
student has exhibited behavior that is detrimental to the safety, welfare, and morals of the other
students or of school personnel in the school and whether educating the student in the school may
disrupt the learning environment in the school, provide a negative example for other students, or create
a dangerous and unsafe environment for students, teachers, and other school personnel. The
determination may be made in executive session to the extent allowed by section 24-6-402 (4) (h),
C.R.S. If the board of education or its designee, in accordance with the provisions of this subsection (5),
makes a determination that the student should not be educated in the school, it may proceed with
suspension or expulsion in accordance with subsection (2) of this section and section 22-33-106.
Alternatively, the board of education or its designee may determine that it will wait until the conclusion
of the juvenile proceedings to consider the expulsion matter, in which case it shall be the responsibility
of the district to provide the student with an appropriate alternate education program, including but not
limited to an on-line program or on-line school authorized pursuant to article 30.7 of this title, or a homebased education program during the period pending the resolution of the juvenile proceedings.
Page 11
Information made available to the school district and not otherwise available to the public pursuant to
the provisions of section 19-1-304, C.R.S., shall remain confidential.
(b) No student who is being educated in an alternate education program or a home-based education
program pursuant to paragraph (a) of this subsection (5) shall be allowed to return to the education
program in the public school until there has been a disposition of the charge. If the student pleads
guilty, is found guilty, or is adjudicated a delinquent juvenile, the school district may proceed in
accordance with section 22-33-106 to expel the student. The time that a student spends in an alternate
education program pursuant to paragraph (a) of this subsection (5) shall not be considered a period of
expulsion.
22-33-106. Grounds for suspension, expulsion, and denial of admission.
(1) The following may be grounds for suspension or expulsion of a child from a public school during a
school year:
(a) Continued willful disobedience or open and persistent defiance of proper authority;
(b) Willful destruction or defacing of school property;
(c) Behavior on or off school property that is detrimental to the welfare or safety of other pupils or of
school personnel, including behavior that creates a threat of physical harm to the child or to other
children;
(c.5) (I) Declaration as a habitually disruptive student.
(II) For purposes of this paragraph (c.5), "habitually disruptive student" means a child who has
caused a material and substantial disruption on school grounds, in a school vehicle, or at a school
activity or sanctioned event three or more times during the course of a school year. Any student who
is enrolled in a public school may be subject to being declared a habitually disruptive student.
(d) Committing one of the following offenses on school grounds, in a school vehicle, or at a school
activity or sanctioned event:
(I) Possession of a dangerous weapon without the authorization of the school or the school district;
(II) The use, possession, or sale of a drug or controlled substance as defined in section 18-18-102 (5),
C.R.S.; or
(III) The commission of an act that, if committed by an adult, would be robbery pursuant to part 3 of
article 4 of title 18, C.R.S., or assault pursuant to part 2 of article 3 of title 18, C.R.S., other than the
commission of an act that would be third degree assault under section 18-3-204, C.R.S., if committed
by an adult.
(e) Repeated interference with a school's ability to provide educational opportunities to other students.
(f) Carrying, using, actively displaying, or threatening with the use of a firearm facsimile that could
reasonably be mistaken for an actual firearm in a school building or in or on school property.
(g) Pursuant to section 22-12-105 (3), making a false accusation of criminal activity against an
employee of an educational entity to law enforcement authorities or school district officials or personnel.
(3) The following may constitute additional grounds for denial of admission to a public school:
(c) Having been expelled from any school district during the preceding twelve months;
(f) Behavior in another school district during the preceding twelve months that is detrimental to the
welfare or safety of other pupils or of school personnel.
Page 12

STATUTES
of discipline:
(IV) Expulsion;
(3) Agreements with state agencies. Each board of education shall cooperate and, to the extent possible,
develop written agreements with law enforcement officials, the juvenile justice system, and social
services, as allowed under state and federal law, to keep each school environment safe. Each board of
education shall adopt a policy whereby procedures will be used following instances of assault upon,
disorderly conduct toward, harassment of, the making knowingly of a false allegation of child abuse
against, or any alleged offense under the "Colorado Criminal Code" directed toward a school teacher or
school employee or instances of damage occurring on the premises to the personal property of a school
teacher or school employee by a student. Such procedures shall include, at a minimum, the following
provisions:
(b) The school administration shall, after receipt of such report and proof deemed adequate to the
school administration, suspend the student for three days, such suspension to be in accordance with
the procedures established therefor, and shall initiate procedures for the further suspension or
expulsion of the student where injury or property damage has occurred.
(1.5) Notwithstanding any other provision of law, in accordance with the provisions of 20 U.S.C. sec.
7151, a student who is determined to have brought a firearm to a school, or to have possessed a firearm
at a school, shall be expelled for a period of not less than one year; except that the superintendent of the
student's school district may modify this requirement for a student on a case-by-case basis if such
modification is in writing.
22-33-106.5. Information concerning offenses committed by students.
(1) Upon adjudication or conviction of a person under the age of eighteen years for an offense specified in
section 22-33-106 (1) (d), the adjudicating juvenile court or the convicting district court, whichever is
applicable, shall notify the school district in which the person is enrolled that the person is subject to
mandatory expulsion based on the adjudication or conviction.

STATUTES
(1) No child who has attained the age of six years and is under the age of twenty-one shall be suspended
or expelled from or be denied admission to the public schools, except as provided by this article.
(d) The suspending authority shall:
Page 13
(II) Not extend a period of suspension because of the failure of the suspending authority to meet with
the parent, guardian, or legal custodian during the period of suspension;
school year:
children; except that, if the child who creates the threat is a child with a disability pursuant to section 2220-103 (5), the child may not be expelled if the actions creating the threat are a manifestation of the
child's disability. However, the child shall be removed from the classroom to an appropriate alternative
setting within the district in which the child is enrolled for a length of time that is consistent with federal
law, during which time the school in which the student is enrolled shall give priority to and arrange
within ten days for a reexamination of the child's individualized education program to amend his or her
program as necessary to ensure that the needs of the child are addressed in a more appropriate
manner or setting that is less disruptive to other students and is in accordance with the provisions of
article 20 of this title. Nothing in this paragraph (c) shall be construed to limit a school district's authority
to suspend a child with a disability for a length of time that is consistent with federal law.
(1.2) Each school district is encouraged to consider each of the following factors before suspending or
expelling a student pursuant to a provision of subsection (1) of this section:
(a) The age of the student;
(b) The disciplinary history of the student;
(c) Whether the student has a disability;
(d) The seriousness of the violation committed by the student;
(e) Whether the violation committed by the student threatened the safety of any student or staff
member; and
(f) Whether a lesser intervention would properly address the violation committed by the student.
22-33-204.5. Legislative declaration
The general assembly finds that a student who is placed in a residential child care facility or other facility
licensed by the department of human services or in a hospital or who is receiving educational services
through a day treatment center is, in most cases, dealing with significant behavioral and emotional issues.
These issues make it difficult, if not impossible, for the student to function within a regular school and
often severely impact the student's ability to participate in a facility school. The general assembly further
finds that, although a student who is placed in a facility cannot be expelled due to the nature of the
placement, the student is at risk of being unable to prosper academically and should be considered an atrisk student for purposes of section 22-33-205.
Page 14

STATUTES
provisions:
(a) Such school teacher or school employee shall file a complaint with the school administration and the
board of education.
(2) In addition to the powers provided in section 22-32-110, the board of education of each district may:
(c) Deny admission to, or expel for any period not extending beyond one year, any child whom the
board of education, in accordance with the limitations imposed by this article, shall determine does not
qualify for admission to, or continued attendance at, the public schools of the district. A board of
education may delegate such powers to its executive officer or to a designee who shall serve as a
hearing officer. If the hearing is conducted by a designee acting as a hearing officer, the hearing officer
shall forward findings of fact and recommendations to the executive officer at the conclusion of the
hearing. The executive officer shall render a written opinion within five days after a hearing conducted
by the executive officer or by a hearing officer. The executive officer shall report on each case acted
upon at the next meeting of the board of education, briefly describing the circumstances and the
reasons for the executive officer's action. A child who is denied admission or expelled as an outcome of
the hearing shall have ten days after the denial of admission or expulsion to appeal the decision of the
executive officer to the board of education, after which time the decision to grant or deny the appeal
shall be at the discretion of the board of education. The appeal shall consist of a review of the facts that
were presented and that were determined at the hearing conducted by the executive officer or by a
designee acting as a hearing officer, arguments relating to the decision, and questions of clarification
from the board of education. No board of education shall deny admission to, or expel, any child without
a hearing, if one is requested by the parent, guardian, or legal custodian of the child, at which evidence
may be presented in the child's behalf. If the child is denied admission or expelled, the child shall be
entitled to a review of the decision of the board of education in accordance with section 22-33-108.
(3) (c) A pupil suspended for a period of ten days or less shall receive an informal hearing by the school
principal or the principal's designee prior to the pupil's removal from school, unless an emergency
requires immediate removal from school, in which case an informal hearing shall follow as soon after
the pupil's removal as practicable. Any pupil suspended for more than ten days shall be given the
opportunity to request a review of the suspension before an appropriate official of the school district.
(4) (a) Except as provided in paragraph (b) of this subsection (4), a school district shall prohibit any
student who is expelled from a public school of the school district pursuant to paragraph (c) or (d) of
Page 15
subsection (1) of this section or pursuant to subsection (1.5) of this section from enrolling or reenrolling
in the same school in which the victim of the offense or member of a victim's immediate family is
enrolled or employed. If the school district has no actual knowledge of the name of the victim of the
offense for which the student was expelled, the provisions of this subsection (4) shall be implemented
only upon request of the victim or a member of the victim's immediate family.
22-33-108. Judicial proceedings.
(2) If a child or his parent desires court review of an order of the board of education issued pursuant to
this article, he shall notify the board in writing within five days after receiving official notification of the
board's action. The board of education shall thereupon issue, or cause to be issued, to the child or his
parent a statement of the reasons for the board's action. Within ten days thereafter the child or his
parents may file with the court a petition requesting that the order of the board of education be set aside,
to which shall be appended the statement of the board of education. No docket or other fees shall be
collected by the court in connection with this proceeding.
(3) After the petition is filed, the court shall notify the board and shall hold a hearing on the matter. The
court shall conduct judicial review of a hearing decision pursuant to rule 106 (a) (4) of the Colorado rules
of civil procedure and rule 3.8 of the Colorado rules of juvenile procedure.
(4) It is the duty of the attorney for the school district, an employee authorized by the local board of
education pursuant to section 13-1-127 (7), C.R.S., to represent the school district in truancy
proceedings, the attendance officer designated by the local board of education, or the local board of
education to initiate, when appropriate, proceedings for the enforcement of the compulsory attendance
provisions of this article upon request by the attendance officer of the district or of the state.
(5) As a last-resort approach for addressing the problem of truancy, to be used only after a school district
has attempted other options for addressing truancy that employ best practices and research-based
strategies to minimize the need for court action and the risk of detention orders against a child or parent,
court proceedings shall be initiated to compel compliance with the compulsory attendance statute after
the parent and the child have been given written notice by the attendance officer of the school district or
of the state that proceedings will be initiated if the child does not comply with the provisions of this article.
The school district may combine the notice and summons. If combined, the petition shall state the date on
which proceedings will be initiated, which date shall not be less than five days from the date of the notice
and summons. The notice shall state the provisions of this article with which compliance is required and
shall state that the proceedings will not be brought if the child complies with that provision before the filing
of the proceeding.
STATUTES
of discipline:
(I) In-school suspension;
Page 16
(4) The board of education of each district shall establish, as an alternative to suspension, a policy that
allows the pupil to remain in school by encouraging the parent, guardian, or legal custodian, with the
consent of the pupil's teacher or teachers, to attend class with the pupil for a period of time specified by
the suspending authority. If the parent, guardian, or legal custodian does not agree to attend class with
the pupil or fails to attend class with the pupil, the pupil shall be suspended in accordance with the
conduct and discipline code of the district.

STATUTES
(3) (b) Except as provided in paragraph (c) of this subsection (3), a suspended pupil shall:
(II) Not be readmitted to a public school until a meeting between the parent, guardian, or legal
custodian and the suspending authority has taken place or until, in the discretion of the suspending
authority, the parent, guardian, or legal custodian of the suspended pupil has substantially agreed to
review the suspension with such suspending authority; except that, if the suspending authority cannot
contact the parent, guardian, or legal custodian of such pupil or if such parent, guardian, or legal
custodian repeatedly fails to appear for scheduled meetings, the suspending authority may readmit
the pupil. The meeting shall address whether there is a need to develop a remedial discipline plan for
the pupil in an effort to prevent further disciplinary action.
(d) The suspending authority shall:
(III) Provide an opportunity for a pupil to make up school work during the period of suspension for full
or partial academic credit to the extent possible. The intent of this provision is to provide an
opportunity for the pupil to reintegrate into the educational program of the district and to help prevent
the pupil from dropping out of school because of an inability to reintegrate into the educational
program following the period of suspension.
(5) (b) No student who is being educated in an alternate education program or a home-based education
expulsion.
(3) The following may constitute additional grounds for denial of admission to a public school:
(c) Having been expelled from any school district during the preceding twelve months;
(e) Failure to comply with the provisions of part 9 of article 4 of title 25, C.R.S. Any suspension,
expulsion, or denial of admission for such failure to comply shall not be recorded as a disciplinary action
but may be recorded with the student's immunization record with an appropriate explanation.
Page 17
(f) Behavior in another school district during the preceding twelve months that is detrimental to the
welfare or safety of other pupils or of school personnel.
(4) (a) Except as provided in paragraph (b) of this subsection (4), a school district shall prohibit any
student who is expelled from a public school of the school district pursuant to paragraph (c) or (d) of
subsection (1) of this section or pursuant to subsection (1.5) of this section from enrolling or reenrolling
in the same school in which the victim of the offense or member of a victim's immediate family is
enrolled or employed. If the school district has no actual knowledge of the name of the victim of the
offense for which the student was expelled, the provisions of this subsection (4) shall be implemented
only upon request of the victim or a member of the victim's immediate family.
(b) In any school district that has only one school in which the expelled student can enroll, the school
district shall either:
(I) Prohibit the student expelled from the school district pursuant to paragraph (c) or (d) of subsection
(1) of this section or pursuant to subsection (1.5) of this section from enrolling or reenrolling in the
same school in which the victim of the offense or member of a victim's immediate family is enrolled or
employed; or
(II) Design a schedule for the expelled student that, to the extent possible, avoids contact between the
expelled student and the victim or a member of the victim's immediate family.

STATUTES
force in dealing with disruptive students; except that no board shall adopt a discipline code that includes
provisions that are in conflict with the definition of child abuse in section 18-6-401 (1), C.R.S., and
section 19-1-103 (1), C.R.S.;
26-20-108. Rules
Each agency that is authorized to promulgate rules or adopt ordinances shall promulgate rules or adopt
ordinances applicable to the agencies within their respective jurisdictions that establish procedures for the
use of restraint consistent with the provisions of this article. Any agency that has rules or ordinances in
existence on April 22, 1999, is not required to promulgate additional rules or adopt additional ordinances
unless that agency's existing rules or ordinances do not meet the minimum requirements of this article.
Page 18
ADMINISTRATIVE CODE
2620-R- 1.00. Statement of basis and purpose.
(1) These Rules were developed in accordance with C.R.S. 26-20-101, et seq.
Specific statutory authority for the development of these Rules comes from C.R.S. 26-20-108. These
Rules are provided pursuant to the terms of the "Protection of Persons from Restraint Act". These Rules
outline the procedures to be followed in the administration of restraint, staff training, documentation
requirements, and the review of the use of restraint.
(2) The statutory authority for the amendments to these Rules is found in 26-20-108, C.R.S. The purpose
of these amendments is to conform these Rules to the Protection of Persons from Restraint Act; add
clarifying language; and reorganize these Rules to provide enhanced clarification for implementation.
2620-R- 2.00. Definitions.
(1) Bodily Injury means physical pain, illness or any impairment of physical or mental condition as
defined in Section 18-1-901(3)(c), C.R.S.
(2) Emergency means serious, probable, imminent threat of bodily injury to self or others with the
present ability to effect such bodily injury. Emergency includes situations in which the student creates
such a threat by abusing or destroying property.
(3) Parent means
(a) A biological or adoptive parent of a child;
(b) A foster parent, unless state law, regulations, or contractual obligations with a state or local entity
prohibit a foster parent from acting as a parent; 2
(c) A guardian generally authorized to act as the childs parent or authorized to make educational
decisions for the child (but not the State if the child is a ward of the State);
(d) An individual acting in the place of a biological or adoptive parent (including a grandparent, stepparent, or other relative) with whom the child lives, or an individual who is legally responsible for the
childs welfare;
(e) An educational surrogate parent who has been assigned in accordance with 1 C.C.R. 301-8 2220-R6.02(8);
(f) Except as provided in section (3)(b) of this Rule 2.00(3), the biological or adoptive parent, when
attempting to act as the parent under these Rules and when more than one party is qualified under
Section (3) of this Rule 2.00 to act as a parent, must be presumed to be the parent for the purposes of
this Section unless the biological or adoptive parent does not have legal authority to make educational
decisions for the child.
(g) If a judicial decree or order identifies a specific person or persons under Sections 3(a) through (d) of
this rule to act as the parent of a child or to make educational decisions on behalf of a child, then such
persons(s) shall be determined to be the parent for the purposes of this Section 2.00(3).
(4) Positional Asphyxia means an insufficient intake of oxygen as a result of body position that interferes
with ones ability to breathe.
(5) Public Education Agency
(a) For the purposes of these Rules only, means:
(i) Any public school district organized and existing under the laws of Colorado except a junior college
district;
(ii) The Charter School Institute as established in Article 30.5 of Title 22, C.R.S.;
(iii) The Colorado School for the Deaf and the Blind as created by Article 80 of TITLE 22, C.R.S.;
Page 19
(iv) A Board of Cooperative Education Services as created by Article 5 of Title 22, C.R.S.;
(v) An approved facility school as defined in 22-2- 402(1) C.R.S. operated by an eligible facility; or
(vi) Any public or private entity that has entered into a contract for services with an entity described in
Subsections (i) through (v) of this Section 2.00(5)(a). 3
(b) Public Education Agency does not include:
(i) Educational schools, programs, or facilities operated by or under the supervision, rules or licensing
authority of the Colorado Department Of Human Services including:
(A) The Division Of Youth Corrections;
(B) The Mental Health Institutes at Fort Logan and Pueblo; and
(C) An eligible facility that is a day treatment facility; or
(ii) Educational schools, programs or facilities operated by or under the supervision of the Colorado
Department of Corrections.
(c) These Rules apply to public education agencies, as defined in Section 2.00(5)(a) and to all
educational programs, activities or events provided, supervised or sponsored by such public agencies.
(6) Restraint means any method or device used to involuntarily limit freedom of movement, including but
not limited to bodily physical force, mechanical devices, chemicals, and seclusion.
(a) Chemical Restraint means administering medication to a student (including medications prescribed
by his or her physician) on an as needed basis for the sole purpose of involuntarily limiting the students
freedom of movement. Chemical Restraint does not include:
(i) Prescription medication that is regularly administered to the student for medical reasons other than
to restrain the students freedom of movement (e.g., Asthma-cort, medications used to treat mood
disorders or ADHD, Glucagon); or
(ii) The administration of medication for voluntary or life-saving medical procedures (e.g., EpiPens,
Diastat).
(b) Mechanical Restraint means a physical device used to involuntarily restrict the movement of a
student or the movement or normal function of his or her body. Mechanical Restraint does not include:
(i) Devices recommended by a physician, occupational therapist, or physical therapist and agreed to
by a students IEP Team or Section 504 Team and used in accordance with the students
Individualized Education Program (IEP) or Section 504 Plan;
(ii) Protective devices such as helmets, mitts, and similar devices used to prevent self-injury and in
accordance with a students IEP or Section 504 Plan; 4
(iii) Adaptive devices to facilitate instruction or therapy and used as recommended by an occupational
therapist or physical therapist, and consistent with a students IEP or Section 504 Plan; or
(iv) Positioning or securing devices used to allow treatment of a students medical needs.
(c) Physical Restraint means the use of bodily, physical force to involuntarily limit an individuals
freedom of movement. Physical Restraint does not include:
(i) Holding of a student for less than five minutes by a staff person for the protection of the student or
others;
(ii) Brief holding of a student by one adult for the purpose of calming or comforting the student;
(iii) Minimal physical contact for the purpose of safely escorting a student from one area to another; or
(iv) Minimal physical contact for the purpose of assisting the student in completing a task or response.
(d) Seclusion means the placement of a student alone in a room from which egress is involuntarily
prevented. Seclusion does not mean:
Page 20
(i) Placement of a student in residential services in his or her room for the night; or
(ii) Time-out which is the removal of a student from potentially rewarding people or situations. A
Time-out is not used primarily to confine the student, but to limit accessibility to reinforcement. In a
Time-out, the individual is not physically prevented from leaving the designated Time-out area. Such
a Time-out requires effective monitoring by staff.
(7) "School Day" means any day or partial day that students are in attendance at the public education
programs, agencies or services or sponsored events.
(8) Student, for the purposes of these Rules only, means any individual aged 3 21 years.
2620-R- 2.01. Basis for the use of restraint.
(1) Restraints shall only be used: 2.01 (1) (a) In an emergency and with extreme caution; and 5
(b) After
(i) The failure of less restrictive alternatives (such as Positive Behavior Supports, constructive and
non-physical de-escalation, and re-structuring the environment); or 2.01 (1) (b) (ii) A determination
that such alternatives would be inappropriate or ineffective under the circumstances.
(2) Restraints must never be used as a punitive form of discipline or as a threat to control or gain
compliance of a students behavior.
(3) School personnel shall:
(a) Use restraints only for the period of time necessary and using no more force than is necessary; and
(b) Prioritize the prevention of harm to the student.
2620-R- 2.02. Duties related to the use of restraint.
(1) General Requirements
(a) When restraints, including seclusion, are used, the public education program shall ensure that:
(i) No restraint is administered in such a way that the student is inhibited or impeded from breathing or
communicating;
(ii) No restraint is administered in such a way that places excess pressure on the students chest,
back, or causes positional asphyxia;
(iii) Restraints are administered only by staff who have received training, in accordance with Section
2.03 of these Rules;
(iv) Opportunities to have the restraint removed are provided to the student who indicates that (s)he is
willing to cease the violent or dangerous behavior;
(v) When it is determined by trained staff that the restraint is no longer necessary to protect the
student or others (i.e., the emergency no longer exists), the restraint must be removed. In the case of
seclusion, staff must reintegrate the student or clearly communicate to the student that (s)he is free to
leave the area used to seclude the student; and
(vi) Student is reasonably monitored to ensure the students physical safety. 6
(2) Proper administration of specific restraints.
(a) Chemical Restraints shall not be used by public education agencies.
(b) Mechanical Restraints shall not be used by public education agencies, except that this provision
shall not apply to armed security officers who:
(i) Have received documented training in defensive tactics utilizing handcuffing procedures; and
(ii) Are detaining a student for law enforcement.
(c) "Physical restraint"
Page 21
(i) A person administering the physical restraint must use only the amount of force necessary to stop
the dangerous or violent actions of the student.
(ii) A restrained student must be continuously monitored to ensure that the breathing of the student in
such physical restraint is not compromised.
(iii) A student shall be released from physical restraint within fifteen minutes after the initiation of the
restraint, except when precluded for safety reasons.
(d) Seclusion
(i) Relief periods from seclusion shall be provided for reasonable access to toilet facilities; and
(ii) Any space in which a student is secluded must have adequate lighting, ventilation, and size. To
the extent possible under the specific circumstances, the space should be free of injurious items.
2620-R- 2.03. Staff training.
All public educational programs shall ensure that staff utilizing restraint in schools or facilities are trained.
Training shall include:
(1) a continuum of prevention techniques;
(2) environmental management;
(3) a continuum of de-escalation techniques; 7
(4) nationally recognized physical management and restraint practices, including, but not limited to,
techniques that allow restraint in an upright or sitting position and information about the dangers
created by prone restraint;
(5) methods to explain the use of restraint to the student who is to be restrained and to the individual's
family;
(6) appropriate documentation and notification procedures; and
(7) retraining at a frequency of at least every two years.
2620-R- 2.04. Documentation and notification requirements.
(1) If there is a reasonable probability that restraint might be used with a particular student, appropriate
school staff must notify, in writing, the parents and, if appropriate, the student of the restraint procedures
(including types of restraints) that might be used; specific circumstances in which restraint might be used;
and staff involved. For students with disabilities, if the parents request a meeting with school personnel to
discuss the notification, school personnel must ensure that the meeting is convened. This notification may
occur at the meeting where the students Behavior Plan or IEP is developed/reviewed.
(2) If restraints are used, a written report must be submitted within one (1) school day to school
administration.
(3) The school principal or designee shall verbally notify the parents as soon as possible but no later than
the end of the school day that the restraint was used.
(4) A written report based on the findings of the staff review referenced in Section 2.05(1)(a) of these
Rules, must be emailed, faxed, or mailed to the parent within five (5) calendar days of the use of restraint.
The written report of the use of restraint must include:
(a) The antecedent to the students behavior if known;
(b) A description of the incident;
(c) Efforts made to deescalate the situation;
(d) Alternatives that were attempted;
(e) The type and duration of the restraint used;
Page 22
(f) Injuries that occurred, if any; and

(g) The staff present and staff involved in administering the restraint.
(5) A copy of the written report on the use of restraint shall be placed in the students confidential file.
2620-R- 2.05. Review of the use of restraint.
(1) Each public education agency shall ensure that a review process is established and conducted for
each incident of restraint used. The purpose of this review shall be to ascertain that appropriate
procedures were followed and to minimize future use of restraint. The review shall include, but is not
limited to:
(a) Staff review of the incident;
(b) Follow up communication with the student and his/her family;
(c) Review of the documentation to ensure use of alternative strategies; and
(d) Recommendations for adjustment of procedures, if appropriate. If requested by the public education
agency or the parent(s) of the student, the public education agency shall convene a meeting to review
the incident. For students with IEPs or Section 504 Plans, such a review may occur through the IEP or
Section 504 process.
(2) Each public education agency shall ensure that a general review process is established, conducted
and documented in writing at least annually. The purpose of the general review is to ascertain that the
public education agency is properly administering restraint, identifying additional training needs,
minimizing and preventing the use of restraint by increasing the use of positive behavior interventions,
and reducing the incidence of injury to students and staff. The review shall include but is not limited to:
(a) Analysis of incident reports, including all reports prepared pursuant to 2.04(2) and 2.04(4); including
but not limited to procedures used during the restraint, preventative or alternative techniques tried,
documentation, and follow up;
(b) Training needs of staff;
(c) Staff to student ratio; and
(d) Environmental considerations, including physical space, student seating arrangements, and noise
levels.
2620-R- 2.06. Exceptions.
(1) The provisions in these Rules shall not apply to Peace Officers, as defined in Section 16-2.5-101,
C.R.S. et seq. who are acting within the scope of their employment or in accordance with Section 16-3109, C.R.S.
(2) The provisions in these Rules shall not apply to any public education agency while engaged in
transporting a student from one facility or location to another facility or location when it is within the scope
of that agencys powers and authority to effect such transportation.
STATUTES
Page 23
is enrolled in accordance with the provisions of section 19-1-304 (5), C.R.S. Upon receipt of such
information, the board of education of the school district or its designee shall determine whether the
student has exhibited behavior that is detrimental to the safety, welfare, and morals of the other
students or of school personnel in the school and whether educating the student in the school may
disrupt the learning environment in the school, provide a negative example for other students, or create
a dangerous and unsafe environment for students, teachers, and other school personnel. The
determination may be made in executive session to the extent allowed by section 24-6-402 (4) (h),
C.R.S. If the board of education or its designee, in accordance with the provisions of this subsection (5),
makes a determination that the student should not be educated in the school, it may proceed with
suspension or expulsion in accordance with subsection (2) of this section and section 22-33-106.
Alternatively, the board of education or its designee may determine that it will wait until the conclusion
of the juvenile proceedings to consider the expulsion matter, in which case it shall be the responsibility
of the district to provide the student with an appropriate alternate education program, including but not
limited to an on-line program or on-line school authorized pursuant to article 30.7 of this title, or a homebased education program during the period pending the resolution of the juvenile proceedings.
Information made available to the school district and not otherwise available to the public pursuant to
the provisions of section 19-1-304, C.R.S., shall remain confidential.
(b) No student who is being educated in an alternate education program or a home-based education
expulsion.
22-33-203. Educational alternatives for expelled students.
(1) Upon expelling a student, the school district shall provide information to the student's parent or
guardian concerning the educational alternatives available to the student during the period of expulsion. If
the parent or guardian chooses to provide a home-based educational program for the student, the school
district shall assist the parent in obtaining appropriate curricula for the student if requested by the parent
or guardian.
(2) (a) Except as otherwise provided in paragraph (b) of this subsection (2), upon request of a student or
the student's parent or guardian, the school district shall provide, for any student who is expelled from
the school district, any educational services that are deemed appropriate for the student by the school
district. The educational services provided shall be designed to enable the student to return to the
school in which he or she was enrolled prior to expulsion, to successfully complete the GED, or to enroll
in a nonpublic, nonparochial school or in an alternative school, including but not limited to a charter
school or a pilot school established pursuant to article 38 of this title. The expelling school district shall
determine the amount of credit the student shall receive toward graduation for the educational services
provided pursuant to this section.
(b) The educational services provided pursuant to this section are designed to provide a second chance
for the student to succeed in achieving an education. While receiving educational services, a student
may be suspended or expelled pursuant to the conduct and discipline code of the school district
providing the educational services and the provisions of part 1 of this article. Except as required by
federal law, the expelling school district is not required to provide educational services to any student
Page 24
who is suspended or expelled while receiving educational services pursuant to this section until the
period of the suspension or expulsion is completed.
(c) (I) Educational services provided pursuant to this section shall be provided by the expelling school
district; except that the expelling school district may provide educational services either directly or in
cooperation with one or more other school districts, boards of cooperative services, charter schools,
nonpublic, nonparochial schools, or pilot schools established pursuant to article 38 of this title under
contract with the expelling school district. Any program of educational services provided by a
nonpublic, nonparochial school shall be subject to approval by the state board of education pursuant
to section 22-2-107.
(4) In addition to the educational services required under this section, a student who is at risk of
suspension or expulsion or has been suspended or expelled, or the student's parent or guardian, may
request any of the services provided by the school district through an agreement entered into pursuant to
section 22-33-204, and the school district may provide such services.
22-33-204. Services for at-risk students - agreements with state agencies and community
organizations.
(a) Educational services required to be provided under section 22-33-203 (2) and any educational
services provided to at-risk students identified pursuant to section 22-33-202;
Page 25

Conditions
STATUTES
22-12-104. Liability.
(2) An educational entity and its employees are immune from suit for making a report consistent with
federal law to the appropriate law enforcement authorities or officials of an educational entity if the
individual making the report has reasonable grounds to suspect that a student is:
(b) In possession of a firearm or alcoholic beverages or of a controlled substance not lawfully
prescribed to the student;
(c) Involved in the illegal solicitation, sale, or distribution of firearms or alcoholic beverages or of a
controlled substance.
(c) "Dangerous weapon" has the same meaning as set forth in section 22-33-102 (4).
(2) Safe school plan. The plan, at a minimum, shall include the following:
(G) Written prohibition, consistent with section 22-33-106, of students from bringing or possessing
dangerous weapons, drugs, or other controlled substances on school grounds, in a school vehicle, or
at a school activity or sanctioned event and from using drugs or other controlled substances on
school grounds, in a school vehicle, or at a school activity or sanctioned event;
As used in this article, unless the context otherwise requires:
(4) "Dangerous weapon" means:
(a) A firearm, as defined in section 18-1-901 (3) (h), C.R.S.;
(b) Any pellet gun, BB gun, or other device, whether operational or not, designed to propel projectiles
by spring action or compressed air;
school year:
(f) Carrying, using, actively displaying, or threatening with the use of a firearm facsimile that could
reasonably be mistaken for an actual firearm in a school building or in or on school property. Each
school district shall develop a policy that shall authorize a student to carry, bring, use, or possess a
firearm facsimile on school property for either a school-related or a nonschool-related activity. Such
Page 26
policy shall also consider student violations under this section on a case-by-case basis using the
individual facts and circumstances to determine whether suspension, expulsion, or any other
disciplinary action, if any, is necessary.
(1.5) Notwithstanding any other provision of law, in accordance with the provisions of 20 U.S.C. sec.
7151, a student who is determined to have brought a firearm to a school, or to have possessed a firearm
at a school, shall be expelled for a period of not less than one year; except that the superintendent of the
student's school district may modify this requirement for a student on a case-by-case basis if such
Other weapons
STATUTES
(c) "Dangerous weapon" has the same meaning as set forth in section 22-33-102 (4).
(2) Safe school plan. The plan, at a minimum, shall include the following:
dangerous weapons, drugs, or other controlled substances on school grounds, in a school vehicle, or
at a school activity or sanctioned event and from using drugs or other controlled substances on
(4) "Dangerous weapon" means:
(b) Any pellet gun, BB gun, or other device, whether operational or not, designed to propel projectiles
by spring action or compressed air;
(c) A fixed-blade knife with a blade that exceeds three inches in length;
(d) A spring-loaded knife or a pocket knife with a blade exceeding three and one-half inches in length;
or
(e) Any object, device, instrument, material, or substance, whether animate or inanimate, that is used
or intended to be used to inflict death or serious bodily injury.
school year:
Page 27

STATUTES
(e) "Habitually disruptive student" has the same meaning as set forth in section 22-33-106 (1) (c.5). (a)
Conduct and discipline code.
student of each public school in the school district is familiar with the code. The code shall include,
but need not be limited to:
(8) "Habitually disruptive student" has the same meaning as set forth in section 22-33-106 (1) (c.5).
school year:
(II) For purposes of this paragraph (c.5), "habitually disruptive student" means a child who has caused
a material and substantial disruption on school grounds, in a school vehicle, or at a school activity or
sanctioned event three or more times during the course of a school year. Any student who is enrolled
in a public school may be subject to being declared a habitually disruptive student.
(III) The student and the parent, legal guardian, or legal custodian shall have been notified in writing
of each disruption counted toward declaring the student as habitually disruptive pursuant to this
paragraph (c.5) and the student and parent, legal guardian, or legal custodian shall have been
notified in writing and by telephone or other means at the home or the place of employment of the
parent or legal guardian of the definition of "habitually disruptive student".
(3) (a) As used in this subsection (3), a child who is "habitually truant" means a child who has attained the
age of six years on or before August 1 of the year in question and is under the age of seventeen years
having four unexcused absences from public school in any one month or ten unexcused absences from
public school during any school year. Absences due to suspension or expulsion of a child shall be
considered excused absences for purposes of this subsection (3).
(b) The board of education of each school district shall adopt and implement policies and procedures
custodian.
Page 28

(1) Those courts having jurisdiction over juvenile matters in a judicial district shall have original jurisdiction
over all matters arising out of the provisions of this article.
(1.5) (a) All proceedings brought under this article shall be commenced in the judicial district in which the
child resides or is present.
(b) When proceedings commence under this article in a judicial district other than that of the child's
residence or when the child changes his or her judicial district of residence after a proceeding under
this article commences, the court in which proceedings commenced may, on its own motion or on the
motion of any interested party, transfer the case to the court in the judicial district where the child
resides.
(c) When a court transfers venue pursuant to paragraph (b) of this subsection (1.5), the court shall
transmit all documents and reports, or certified copies thereof, to the receiving court, which court shall
proceed with the case as if the petition had been originally filed in that court.
of the proceeding.
(6) In the discretion of the court before which a proceeding to compel attendance is brought, an order
may be issued against the child or the child's parent or both compelling the child to attend school as
provided by this article or compelling the parent to take reasonable steps to assure the child's attendance.
The order may require the child or parent or both to follow an appropriate treatment plan that addresses
problems affecting the child's school attendance and that ensures the child has an opportunity to obtain a
quality education.
Page 29
(7) (a) If the child does not comply with the valid court order issued against the child or against both the
parent and the child, the court may order that an investigation be conducted as provided in section 192-510 (2), C.R.S., and the court may order the child to show cause why he or she should not be held in
contempt of court. The court may include as a sanction after a finding of contempt an appropriate
treatment plan that may include, but need not be limited to, community service to be performed by the
child, supervised activities, participation in services for at-risk students, as described by section 22-33204, and other activities having goals that shall ensure that the child has an opportunity to obtain a
quality education.
(b) The court may impose on the child as a sanction for contempt of court a sentence to incarceration to
any juvenile detention facility operated by or under contract with the department of human services
pursuant to section 19-2-402, C.R.S., and any rules promulgated by the Colorado supreme court.
proceeding.

STATUTES
(1) (a) Except as otherwise provided in subsection (2) of this section, every child who has attained the
age of six years on or before August 1 of each year and is under the age of seventeen years, except as
provided by this section, shall attend public school for at least the following number of hours during
each school year:
(I) One thousand fifty-six hours if a secondary school pupil;
(II) Nine hundred sixty-eight hours if an elementary school pupil in a grade other than kindergarten;
(III) Nine hundred hours if a full-day kindergarten pupil; or
(IV) Four hundred fifty hours if a half-day kindergarten pupil.
Page 30
(4) (a) The board of education shall adopt a written policy setting forth the district's attendance
requirements. Said policy shall provide for excused absences, including those listed as exclusions from
compulsory school attendance in accordance with subsection (2) of this section. An attendance policy
developed pursuant to this section may include appropriate penalties for nonattendance due to
unexcused absence.
Calculation of the number of unexcused absences a child has incurred includes all unexcused
absences occurring during any calendar year or during any school year.
(c) On or before January 1, 2009, the state board shall adopt rules establishing a standardized
calculation for counting unexcused absences of students, including the circumstance in which a student
is absent for part of a school day, and the format for reporting the information to the department
pursuant to section 22-33-107.
(1) The board of education of each school district shall designate one or more of the employees of the
district to act as attendance officer for the district, or in cooperation with any court of record in the county,
the probation officer of that court may be appointed the attendance officer. It is the attendance officer's
duty in appropriate cases to counsel with students and parents and investigate the causes of
nonattendance and report to the local board of education so as to enforce the provisions of this article
which relate to compulsory attendance.
(2) The commissioner of education shall designate an employee of the department of education whose
duty it is to assist the individual school districts and to supervise the enforcement of compulsory school
attendance for the entire state.
(3) (a) As used in this subsection (3), a child who is "habitually truant" means a child who has attained the
age of six years on or before August 1 of the year in question and is under the age of seventeen years
having four unexcused absences from public school in any one month or ten unexcused absences from
public school during any school year. Absences due to suspension or expulsion of a child shall be
considered excused absences for purposes of this subsection (3).
(I) (Deleted by amendment, L. 96, p. 1808, 4, effective July 1, 1996.)
such obligations;
(III) Annually at the beginning of the school year and upon any enrollment during the school year,
obtaining from the parent of each child a telephone number or other means of contacting such parent
during the school day; and
(IV) Establishing a system of monitoring individual unexcused absences of children which shall
provide that, whenever a child who is enrolled in a public school fails to report to school on a regularly
Page 31
scheduled school day and school personnel have received no indication that the child's parent is
aware of the child's absence, school personnel or volunteers under the direction of school personnel
shall make a reasonable effort to notify by telephone such parent. Any person who, in good faith,
gives or fails to give notice pursuant to this subparagraph (IV) shall be immune from any liability, civil
or criminal, which might otherwise be incurred or imposed and shall have the same immunity with
respect to any judicial proceeding which results from such notice or failure to give such notice.
of the proceeding.
quality education.
child, supervised activities, participation in services for at-risk students, as described by section 22-33204, and other activities having goals that shall ensure that the child has an opportunity to obtain a
quality education.
(b) The court may impose on the child as a sanction for contempt of court a sentence to incarceration to
any juvenile detention facility operated by or under contract with the department of human services
pursuant to section 19-2-402, C.R.S., and any rules promulgated by the Colorado supreme court.
Page 32
proceeding.
Substance use
STATUTES
(a) Under the influence of alcoholic beverages or of a controlled substance not lawfully prescribed to the
student;
(1.5) Mission statement. Each school district board of education shall adopt a mission statement for the
school district, which statement shall include making safety for all students and staff a priority in each
public school of the school district.
dangerous weapons, drugs, or other controlled substances on school grounds, in a school vehicle,
Page 33
or at a school activity or sanctioned event and from using drugs or other controlled substances on
(H) Written prohibition of students from using or possessing tobacco products on school grounds, in
a school vehicle, or at a school activity or sanctioned event;
(b) Safe school reporting requirements. A policy whereby the principal of each public school in a school
district shall submit annually, in a manner and by a date specified by rule of the state board, a written
report to the board of education of such school district concerning the learning environment in the
school during that school year. The board of education of the school district annually shall compile the
reports from every school in the district and shall submit the compiled report to the department of
education in a format specified by rule of the state board. The compiled report shall be made available
to the general public. Such report shall include, but need not be limited to, the following specific
information for the preceding school year:
(IV) The number of conduct and discipline code violations, each of which violations shall be reported
only in the most serious category that is applicable to that violation, including but not limited to
specific information identifying the number of, and the action taken with respect to, each of the
following types of violations:
(B) Use or possession of alcohol on school grounds, in a school vehicle, or at a school activity or
sanctioned event;
(C) Use, possession, or sale of a drug or controlled substance on school grounds, in a school
vehicle, or at a school activity or sanctioned event;
(D) Use or possession of a tobacco product on school grounds, in a school vehicle, or at a school
activity or sanctioned event;
school year:
(II) The use, possession, or sale of a drug or controlled substance as defined in section 18-18-102 (5),
C.R.S.

STATUTES
18-9-124. Hazing - penalties - legislative declaration
(1) (a) The general assembly finds that, while some forms of initiation constitute acceptable behavior,
hazing sometimes degenerates into a dangerous form of intimidation and degradation. The general
assembly also recognizes that although certain criminal statutes cover the more egregious hazing
activities, other activities that may not be covered by existing criminal statutes may threaten the health
of students or, if not stopped early enough, may escalate into serious injury.
(b) In enacting this section, it is not the intent of the general assembly to change the penalty for any
activity that is covered by any other criminal statute. It is rather the intent of the general assembly to
define hazing activities not covered by any other criminal statute.
(2) As used in this section, unless the context otherwise requires:
Page 34
(a) "Hazing" means any activity by which a person recklessly endangers the health or safety of or
causes a risk of bodily injury to an individual for purposes of initiation or admission into or affiliation with
any student organization; except that "hazing" does not include customary athletic events or other
similar contests or competitions, or authorized training activities conducted by members of the armed
forces of the state of Colorado or the United States.
(b) "Hazing" includes but is not limited to:
(I) Forced and prolonged physical activity;
(II) Forced consumption of any food, beverage, medication or controlled substance, whether or not
prescribed, in excess of the usual amounts for human consumption or forced consumption of any
substance not generally intended for human consumption;
(III) Prolonged deprivation of sleep, food, or drink.
(3) It shall be unlawful for any person to engage in hazing.
(4) Any person who violates subsection (3) of this section commits a class 3 misdemeanor.
(b) "Bullying" means any written or verbal expression, or physical or electronic act or gesture, or a
pattern thereof, that is intended to coerce, intimidate, or cause any physical, mental, or emotional harm
to any student. Bullying is prohibited against any student for any reason, including but not limited to any
such behavior that is directed toward a student on the basis of his or her academic performance or
against whom federal and state laws prohibit discrimination upon any of the bases described in section
22-32-109 (1) (ll) (I). This definition is not intended to infringe upon any right guaranteed to any person
by the first amendment to the United States constitution or to prevent the expression of any religious,
political, or philosophical views.
(G) Behavior on school grounds, in a school vehicle, or at a school activity or sanctioned event that is
detrimental to the welfare or safety of other students or of school personnel, including but not limited
to incidents of bullying and other behavior that creates a threat of physical harm to the student or to
other students;
(K) On and after August 8, 2001, a specific policy concerning bullying prevention and education. Each
school district is encouraged to ensure that its policy, at a minimum, incorporates the biennial
administration of surveys of students' impressions of the severity of bullying in their schools, as
described in section 22-93-104 (1) (c); character building; and the designation of a team of persons at
each school of the school district who advise the school administration concerning the severity and
frequency of bullying incidents that occur in the school, which team may include, but need not be
Page 35
limited to, law enforcement officials, social workers, prosecutors, health professionals, mental health
professionals, school psychologists, counselors, teachers, administrators, parents, and students.
Each school district's policy shall set forth appropriate disciplinary consequences for students who
bully other students and for any person who takes any retaliatory action against a student who reports
in good faith an incident of bullying, which consequences shall comply with all applicable state and
federal laws.
report to the board of education of such school district concerning the learning environment in the
school during that school year. The board of education of the school district annually shall compile the
reports from every school in the district and shall submit the compiled report to the department of
education in a format specified by rule of the state board. The compiled report shall be made available
to the general public. Such report shall include, but need not be limited to, the following specific
information for the preceding school year:
only in the most serious category that is applicable to that violation, including but not limited to
specific information identifying the number of, and the action taken with respect to, each of the
following types of violations:
(G) Behavior on school grounds, in a school vehicle, or at a school activity or sanctioned event that
is detrimental to the welfare or safety of other students or of school personnel, including but not
limited to incidents of bullying and other behavior that creates a threat of physical harm to the
student or to other students;
(VIII) The school's policy concerning bullying prevention and education, including information related
to the development and implementation of any bullying prevention programs.
(c) Internet safety plan.
(I) Each school district is encouraged to provide a comprehensive, age-appropriate curriculum that
teaches safety in working and interacting on the internet in grades kindergarten through twelve. At a
minimum, the curriculum may address the following topics:
(A) Interaction with persons in the cybercommunity;
(B) Personal safety in interacting with persons on the internet;
(C) Recognition and avoidance of on-line bullying;

STATUTES
22-1-117. Secret fraternities forbidden.
It is unlawful for any pupil who is registered in and attending any high school, district, primary, or graded
school which is partially or wholly maintained by public funds to join or become a member of any secret
fraternity, sorority, or society wholly or partially formed from the membership of pupils attending any such
schools or to belong to or to take part in the organization or formation of any fraternity, sorority, or society,
except such societies or associations as shall be sanctioned by the board of directors of the school
districts wherein such schools are maintained.
Page 36
(F) A specific policy concerning gang-related activities on school grounds, in school vehicles, and at
school activities or sanctioned events;
(J) A dress code policy that prohibits students from wearing apparel that is deemed disruptive to the
classroom environment or to the maintenance of a safe and orderly school. The dress code policy
may require students to wear a school uniform or may establish minimum standards of dress;
school year:
(a) Continued willful disobedience or open and persistent defiance of proper authority;
(b) Willful destruction or defacing of school property;
children;
(III) The commission of an act that, if committed by an adult, would be robbery pursuant to part 3 of
article 4 of title 18, C.R.S., or assault pursuant to part 2 of article 3 of title 18, C.R.S., other than the
commission of an act that would be third degree assault under section 18-3-204, C.R.S., if committed
by an adult.
(e) Repeated interference with a school's ability to provide educational opportunities to other students.
(g) Pursuant to section 22-12-105 (3), making a false accusation of criminal activity against an
employee of an educational entity to law enforcement authorities or school district officials or personnel.
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Prevention
STATUTES
(K) On and after August 8, 2001, a specific policy concerning bullying prevention and education. Each
school district is encouraged to ensure that its policy, at a minimum, incorporates the biennial
administration of surveys of students' impressions of the severity of bullying in their schools, as described
in section 22-93-104 (1) (c); character building; and the designation of a team of persons at each school
of the school district who advise the school administration concerning the severity and frequency of
bullying incidents that occur in the school, which team may include, but need not be limited to, law
enforcement officials, social workers, prosecutors, health professionals, mental health professionals,
school psychologists, counselors, teachers, administrators, parents, and students. Each school district's
policy shall set forth appropriate disciplinary consequences for students who bully other students and for
any person who takes any retaliatory action against a student who reports in good faith an incident of
bullying, which consequences shall comply with all applicable state and federal laws.
(A) Impose proportionate disciplinary interventions and consequences, including but not limited to inschool suspensions, in response to student misconduct, which interventions and consequences are
designed to reduce the number of expulsions, out-of-school suspensions, and referrals to law
state that a school administration shall not order a victim's participation in a restorative justice practice
or peer mediation if the alleged victim of an offending student's misconduct alleges that the
misconduct constitutes unlawful sexual behavior, as defined in section 16-22-102 (9), C.R.S.; a crime
in which the underlying factual basis involves domestic violence, as defined in section 18-6-800.3 (1),
C.R.S.; stalking as defined in section 18-3-602, C.R.S.; or violation of a protection order, as defined in
section 18-6-803.5, C.R.S.;
(D) Ensure that, in implementing the code, each school of the school district shows due consideration
of the impact of certain violations of the code upon victims of such violations, in accordance with the
provisions of title IX of the United States Code and other state and federal laws.
(VIII) The school's policy concerning bullying prevention and education, including information related to
the development and implementation of any bullying prevention programs.
(5) The department of education may post on its web site information concerning effective, researchbased, truancy- and dropout-prevention programs for the benefit of school districts.
Page 38

proceeding.
(2) Each school district may provide educational services to students who are identified as at risk of
suspension or expulsion from school. Any school district that provides educational services to students
who are at risk of suspension or expulsion may apply for moneys through the expelled and at-risk student
services grant program established in section 22-33-205 to assist in providing such educational services.

STATUTES
Page 39
(K) On and after August 8, 2001, a specific policy concerning bullying prevention and education.
Each school district is encouraged to ensure that its policy, at a minimum, incorporates the biennial
administration of surveys of students' impressions of the severity of bullying in their schools, as
described in section 22-93-104 (1) (c); character building; and the designation of a team of persons
at each school of the school district who advise the school administration concerning the severity
and frequency of bullying incidents that occur in the school, which team may include, but need not
be limited to, law enforcement officials, social workers, prosecutors, health professionals, mental
health professionals, school psychologists, counselors, teachers, administrators, parents, and
students. Each school district's policy shall set forth appropriate disciplinary consequences for
students who bully other students and for any person who takes any retaliatory action against a
student who reports in good faith an incident of bullying, which consequences shall comply with all
applicable state and federal laws.
state that a school administration shall not order a victim's participation in a restorative justice
practice or peer mediation if the alleged victim of an offending student's misconduct alleges that the
misconduct constitutes unlawful sexual behavior, as defined in section 16-22-102 (9), C.R.S.; a
crime in which the underlying factual basis involves domestic violence, as defined in section 18-6800.3 (1), C.R.S.; stalking as defined in section 18-3-602, C.R.S.; or violation of a protection order,
as defined in section 18-6-803.5, C.R.S.;
(D) Ensure that, in implementing the code, each school of the school district shows due
consideration of the impact of certain violations of the code upon victims of such violations, in
accordance with the provisions of title IX of the United States Code and other state and federal
laws.
Page 40
proceeding.
organizations.
(1) Each school district, regardless of the number of students expelled by the district, may enter into
agreements with appropriate local governmental agencies and, to the extent necessary, with the
managing state agencies, including but not limited to the department of human services and the
department of public health and environment, with community-based nonprofit and faith-based
organizations, with nonpublic, nonparochial schools, with the department of military and veterans affairs,
and with public and private institutions of higher education to work with the student's parent or guardian to
provide services to any student who is identified as being at risk of suspension or expulsion or who has
been suspended or expelled and to the student's family. Any services provided pursuant to an agreement
with a nonpublic, nonparochial school shall be subject to approval by the state board of education
pursuant to section 22-2-107, C.R.S. Services provided through such agreements may include, but are
not limited to:
(b) Counseling services;
(c) Drug or alcohol-addiction treatment programs;
(d) Family preservation services.
22-33-205. Services for expelled and at-risk students - grants - criteria.
(1) (a) There is hereby established in the department of education the expelled and at-risk student
services grant program, referred to in this section as the "program". The program shall provide grants to
school districts, to charter schools, to alternative schools within school districts, to nonpublic,
nonparochial schools, to boards of cooperative services, to facility schools, and to pilot schools
established pursuant to article 38 of this title to assist them in providing educational services, and other
services provided pursuant to section 22-33-204, to expelled students pursuant to section 22-33-203
(2), to students at risk of expulsion as identified pursuant to section 22-33-202 (1), and to truant
students.
(b) In addition to school districts, charter schools, alternative schools within school districts, nonpublic,
nonparochial schools, boards of cooperative services, facility schools, and pilot schools, the department
of military and veterans affairs may apply for a grant pursuant to the provisions of this section to assist
the department with a program to provide educational services to expelled students; except that
nonpublic, nonparochial schools may only apply for a grant pursuant to the provisions of this section to
fund educational services that have been approved by the state board pursuant to section 22-2-107.
The department shall follow application procedures established by the department of education
pursuant to subsection (2) of this section. The department of education shall determine whether to
award a grant to the department of military and veterans affairs and the amount of the grant.
Page 41
STATUTES
(4) School response framework - school safety, readiness, and incident management plan. Each board of
education shall establish a school response framework that shall consist of policies described in this
subsection (4). By satisfying the requirements of this subsection (4), a school or school district shall be in
compliance with the national incident management system, referred to in this subsection (4) as "NIMS",
developed by the federal emergency management agency. At a minimum, the policies shall require:
(l) School district employee safety and incident management training, including provisions stating that
completion of any courses identified by the department of public safety pursuant to section 24-33.51606.5 (3), C.R.S., as related to NIMS count toward the professional development requirements of a
person licensed pursuant to article 60.5 of this title;
(m) Each school district to work with community partners to update and revise all standard operating
procedures, ensuring that all aspects of NIMS are incorporated, including but not limited to policies and
principles, planning, procedures, training, response, exercises, equipment, evaluation, and corrective
actions;
ADMINISTRATIVE CODE
2620-R- 2.03. Staff training.
All public educational programs shall ensure that staff utilizing restraint in schools or facilities are trained.
Training shall include:
(1) a continuum of prevention techniques;
(2) environmental management;
(3) a continuum of de-escalation techniques;
(4) nationally recognized physical management and restraint practices, including, but not limited to,
techniques that allow restraint in an upright or sitting position and information about the dangers
created by prone restraint;
(5) methods to explain the use of restraint to the student who is to be restrained and to the individual's
family;
(6) appropriate documentation and notification procedures; and
(7) retraining at a frequency of at least every two years.
Page 42

STATUTES
(2.5) Each board of education shall annually report to the state board the number of students expelled
from schools within the district pursuant to this section and pursuant to section 25-4-907, C.R.S. Any pupil
who is expelled pursuant to this section shall not be included in calculating the dropout rate for the school
from which such student is expelled or in calculating the dropout rate for the school district in which such
pupil was enrolled prior to being expelled.
(4) On or before September 15, 2010, and on or before September 15 each year thereafter, the board of
education of each school district shall report to the department of education the number of students
identified as habitually truant, as defined in paragraph (a) of subsection (3) of this section, for the
preceding academic year. The department shall post this information for each school district on its web
site for the public to access and may post additional information reported by school districts related to
truancy.
STATUTES
Page 43
(B) General policies and procedures for dealing with students who cause a disruption on school
allowing a teacher to remove a disruptive student from his or her classroom. The policy shall state that,
upon the third such removal from a teacher's class, the teacher may remove the disruptive student from
the teacher's class for the remainder of the term of the class; except that a disruptive student shall not
be removed from a teacher's class for the remainder of the term of the class unless the principal of the
student's school or his or her designee has developed and implemented a behavior plan for the
student. A behavior plan may be developed after the first such removal from class and shall be
developed after the second removal from class. The general policies and procedures shall include a
due process procedure, which at a minimum shall require that, as soon as possible after a removal, the
teacher or the school principal shall contact the parent or legal guardian of the student to request his or
her attendance at a student-teacher conference regarding the removal. Any policy or procedure
adopted shall comply with applicable federal and state laws, including but not limited to laws regarding
(3) (a) If a pupil is suspended pursuant to subsection (2) of this section, the suspending authority shall
immediately notify the parent, guardian, or legal custodian of the pupil that the pupil has been
suspended and of the grounds for the suspension, the period of the suspension, and the time and place
for the parent, guardian, or legal custodian to meet with the suspending authority to review the
suspension.
(6) When a pupil is expelled by a school district, the pupil's parent, guardian, or legal custodian is
responsible for seeing that the pupil complies with the provisions of this article during the period of
expulsion.
(II) For purposes of this paragraph (c.5), "habitually disruptive student" means a child who has caused a
material and substantial disruption on school grounds, in a school vehicle, or at a school activity or
sanctioned event three or more times during the course of a school year. Any student who is enrolled in
a public school may be subject to being declared a habitually disruptive student.
(III) The student and the parent, legal guardian, or legal custodian shall have been notified in writing of
each disruption counted toward declaring the student as habitually disruptive pursuant to this paragraph
(c.5) and the student and parent, legal guardian, or legal custodian shall have been notified in writing
and by telephone or other means at the home or the place of employment of the parent or legal
guardian of the definition of "habitually disruptive student".
Page 44
such obligations;
(III) Annually at the beginning of the school year and upon any enrollment during the school year,
obtaining from the parent of each child a telephone number or other means of contacting such parent
during the school day; and
(1) Those courts having jurisdiction over juvenile matters in a judicial district shall have original jurisdiction
over all matters arising out of the provisions of this article.
(1.5) (a) All proceedings brought under this article shall be commenced in the judicial district in which the
child resides or is present.
quality education.
child, supervised activities, participation in services for at-risk students, as described by section 22-33-
Page 45
204, and other activities having goals that shall ensure that the child has an opportunity to obtain a
quality education.
(8) If the parent refuses or neglects to obey the order issued against the parent or against both the parent
and the child, the court may order the parent to show cause why he or she should not be held in contempt
of court, and, if the parent fails to show cause, the court may impose a fine of up to but not more than
twenty-five dollars per day or confine the parent in the county jail until the order is complied with.
guardian concerning the educational alternatives available to the student during the period of expulsion. If
the parent or guardian chooses to provide a home-based educational program for the student, the school
district shall assist the parent in obtaining appropriate curricula for the student if requested by the parent
or guardian.
(2) (a) Except as otherwise provided in paragraph (b) of this subsection (2), upon request of a student or
the student's parent or guardian, the school district shall provide, for any student who is expelled from
the school district, any educational services that are deemed appropriate for the student by the school
district.
(3) If a student is expelled and the student is not receiving educational services pursuant to this section,
the school district shall contact the expelled student's parent or guardian at least once every sixty days
until the beginning of the next school year to determine whether the student is receiving educational
services from some other source; except that the school district need not contact a student's parent or
guardian after the student is enrolled in another school district or in an independent or parochial school or
if the student is committed to the department of human services or is sentenced pursuant to article 2 of
title 19, C.R.S.
(4) In addition to the educational services required under this section, a student who is at risk of
suspension or expulsion or has been suspended or expelled, or the student's parent or guardian, may
request any of the services provided by the school district through an agreement entered into pursuant to
section 22-33-204, and the school district may provide such services.
ADMINISTRATIVE CODE
2620-R- 2.04. Documentation and notification requirements.
2.04 (1) If there is a reasonable probability that restraint might be used with a particular student,
appropriate school staff must notify, in writing, the parents and, if appropriate, the student of the restraint
procedures (including types of restraints) that might be used; specific circumstances in which restraint
might be used; and staff involved. For students with disabilities, if the parents request a meeting with
school personnel to discuss the notification, school personnel must ensure that the meeting is convened.
This notification may occur at the meeting where the students Behavior Plan or IEP is
developed/reviewed.
2620-R- 2.05. Review of the use of restraint.
(1) Each public education agency shall ensure that a review process is established and conducted for
each incident of restraint used. The purpose of this review shall be to ascertain that appropriate
procedures were followed and to minimize future use of restraint. The review shall include, but is not
limited to:
(b) Follow up communication with the student and his/her family;
Page 46

STATUTES
student;
(f) (I) "Referral to law enforcement" means a communication between a school administrator, teacher,
or other school employee and a law enforcement agency, which communication:
(A) Is initiated by the school administrator, teacher, or other school employee; and
(B) Concerns behavior by a student that the school administrator, teacher, or other school employee
believes may constitute a violation of the school conduct and discipline code or a criminal or
delinquent offense and for which the school administrator, teacher, or other school employee
requests an investigation or other involvement by a law enforcement agency.
(II) "Referral to law enforcement" does not include:
(A) Contact with a law enforcement agency that is made for the purpose of education, prevention, or
intervention regarding a student's behavior; or
(B) Routine or incidental communication between a school administrator, teacher, or other school
employee and a law enforcement officer.
provisions:
(c) The school administration shall report the incident to the district attorney or the appropriate local law
enforcement agency or officer, who shall, upon receiving such report, investigate the incident to
determine the appropriateness of filing criminal charges or initiating delinquency proceedings.
Page 47
(4) Commencing August 1, 2013, and continuing each August 1 thereafter, each law enforcement agency
employing or contracting with any law enforcement officer who is acting or has acted in his or her official
capacity on school grounds, in a school vehicle, or at a school activity or sanctioned event shall report to
the division of criminal justice created in section 24-33.5-502, C.R.S., in aggregate form without personal
identifying information, data about the cases handled by the agency on school grounds, in a school
vehicle, or at a school activity or sanctioned event. Each such report shall include, at a minimum, the
following information relating to the preceding twelve months:
(a) The number of students investigated by the officer for delinquent offenses, including the number of
students investigated for each type of delinquent offense for which the officer investigated at least one
student;
(b) The number of students arrested by the officer, including the offense for which each such arrest was
made;
(c) The number of summonses or tickets issued by the officer to students; and
(d) The age, gender, school, and race or ethnicity of each student whom the officer arrested or to whom
the officer issued a summons, ticket, or other notice requiring the appearance of the student in court or
at a police station for investigation relating to an offense allegedly committed on school grounds, in a
school vehicle, or at a school activity or sanctioned event.
is enrolled.
22-33-106.5. Information concerning offenses committed by students.
(1) Upon adjudication or conviction of a person under the age of eighteen years for an offense specified in
section 22-33-106 (1) (d), the adjudicating juvenile court or the convicting district court, whichever is
applicable, shall notify the school district in which the person is enrolled that the person is subject to
mandatory expulsion based on the adjudication or conviction.
(2) Upon adjudication or conviction of a person under the age of eighteen years for an offense that
constitutes a crime of violence, as defined in section 18-1.3-406, C.R.S., or for an offense involving
controlled substances, or, for a person under eighteen years of age but at least twelve years of age, for
an offense that would constitute unlawful sexual behavior, as defined in section 16-22-102 (9), C.R.S., if
committed by an adult the adjudicating or convicting court shall notify the school district in which the
person is enrolled of the person's adjudication or conviction.
22-33-107.5. Notice of failure to attend.
(1) Except as otherwise provided in subsection (2) of this section, a school district shall notify the
appropriate court or parole board if a student fails to attend all or any portion of a school day, where the
school district has received notice from the court or parole board:
(a) Pursuant to section 19-2-508 (3) (a) (VI), C.R.S., that the student is required to attend school as a
condition of release pending an adjudicatory trial;
Page 48
(b) Pursuant to section 17-22.5-404, 18-1.3-204 (2.3), 19-2-907 (4), 19-2-925 (5), or 19-2-1002 (1) or
(3), C.R.S., that the student is required to attend school as a condition of or in connection with any
sentence imposed by the court, including a condition of probation or parole; or
(c) Pursuant to section 13-10-113 (8), C.R.S., that the student is required to attend school as a
condition of or in connection with any sentence imposed by a municipal court.
(2) If the school district has notice that a student who is required to attend school as a condition of release
or as a condition of or in connection with any sentence imposed by a court, including a condition of
probation or parole, has enrolled in a nonpublic home-based educational program, pursuant to section
22-33-104.5, or in an independent or parochial school, the school district shall notify the appropriate court
or parole board and shall no longer be required to notify the court or parole board, pursuant to subsection
(1) of this section, if the student fails to attend.


STATUTES
report to the board of education of such school district concerning the learning environment in the school
during that school year. The board of education of the school district annually shall compile the reports
from every school in the district and shall submit the compiled report to the department of education in a
format specified by rule of the state board. The compiled report shall be made available to the general
public. Such report shall include, but need not be limited to, the following specific information for the
preceding school year:
Page 49
only in the most serious category that is applicable to that violation, including but not limited to specific
information identifying the number of, and the action taken with respect to, each of the following types
of violations:
(A) Possessing a dangerous weapon on school grounds, in a school vehicle, or at a school activity or
sanctioned event without the authorization of the school or the school district;
(B) Use or possession of alcohol on school grounds, in a school vehicle, or at a school activity or
sanctioned event;
(C) Use, possession, or sale of a drug or controlled substance on school grounds, in a school vehicle,
or at a school activity or sanctioned event;
(D) Use or possession of a tobacco product on school grounds, in a school vehicle, or at a school
activity or sanctioned event;
(E) Being willfully disobedient or openly and persistently defiant or repeatedly interfering with the
school's ability to provide educational opportunities to, and a safe environment for, other students;
(F) Commission of an act on school grounds, in a school vehicle, or at a school activity or sanctioned
event that, if committed by an adult, would be considered first degree assault, as described in section
18-3-202, C.R.S., second degree assault, as described in section 18-3-203, C.R.S., or vehicular
assault, as described in section 18-3-205, C.R.S.;
(G) Behavior on school grounds, in a school vehicle, or at a school activity or sanctioned event that is
detrimental to the welfare or safety of other students or of school personnel, including but not limited
to incidents of bullying and other behavior that creates a threat of physical harm to the student or to
other students;
(H) Willful destruction or defacement of school property;
(I) Commission of an act on school grounds, in a school vehicle, or at a school activity or sanctioned
event that, if committed by an adult, would be considered third degree assault, as described in
section 18-3-204, C.R.S., or disorderly conduct, as described in section 18-9-106 (1) (d), C.R.S., but
not disorderly conduct involving firearms or other deadly weapons, as described in section 18-9-106
(1) (e) and (1) (f), C.R.S.;
(J) Commission of an act on school grounds, in a school vehicle, or at a school activity or sanctioned
event that, if committed by an adult, would be considered robbery; and
(K) Other violations of the code of conduct and discipline that resulted in documentation of the
conduct in a student's record;
(VIII) The school's policy concerning bullying prevention and education, including information related to
the development and implementation of any bullying prevention programs.
Page 50
student;
made;
(4) On or before September 15, 2010, and on or before September 15 each year thereafter, the board of
education of each school district shall report to the department of education the number of students
identified as habitually truant, as defined in paragraph (a) of subsection (3) of this section, for the
preceding academic year. The department shall post this information for each school district on its web
site for the public to access and may post additional information reported by school districts related to
truancy.
(4) The department of education is authorized to retain up to one percent of any moneys appropriated for
the program for the purpose of annually evaluating the program. The department of education is
authorized and encouraged to retain up to an additional two percent of any moneys appropriated for the
program for the purpose of partnering with organizations or agencies that provide services and supports
that are designed to reduce the number of truancy cases requiring court involvement and that also reflect
the best interests of students and families. The services and supports shall include, but need not be
limited to, alternatives to guardian ad litem representation in truancy proceedings. On or before January
1, 2006, and on or before January 1 each year thereafter, the department of education shall report to the
education committees of the house of representatives and the senate, or any successor committees, the
evaluation findings on the outcomes and the effectiveness of the program related to school attendance,
attachment, and achievement. The report shall also include specific information on the efficacy of
services and supports that provide alternatives to court involvement and guardian ad litem representation
in truancy proceedings.
Page 51

STATUTES
(3) A school resource officer shall be familiar with the provisions of the conduct and discipline code of the
school to which he or she is assigned.
student;
made;
Page 52
Calculation of the number of unexcused absences a child has incurred includes all unexcused absences
occurring during any calendar year or during any school year.
(2) The commissioner of education shall designate an employee of the department of education whose
duty it is to assist the individual school districts and to supervise the enforcement of compulsory school
attendance for the entire state.
guardian, or legal custodian of the child to review and evaluate the reasons for the child's truancy.
STATUTES
(4) School response framework - school safety, readiness, and incident management plan. Each board of
education shall establish a school response framework that shall consist of policies described in this
subsection (4). By satisfying the requirements of this subsection (4), a school or school district shall be in
compliance with the national incident management system, referred to in this subsection (4) as "NIMS",
developed by the federal emergency management agency. At a minimum, the policies shall require:
(d) Each school district, on or before July 1, 2009, to start to develop a school safety, readiness, and
incident management plan, including, to the extent possible, emergency communications, that
coordinates with any statewide or local emergency operation plans. In developing the plan, a school
district may collaborate with local fire departments, state and local law enforcement agencies, local 911
agencies, interoperable communications providers, the safe2tell program described in section 16-15.8103, C.R.S., local emergency medical service personnel, local mental health organizations, local public
health agencies, local emergency management personnel, and local or regional homeland security
personnel, which entities are collectively referred to in this subsection (4) as "community partners". The
school safety, readiness, and incident management plan shall, at a minimum, identify for each public
school in the school district:
Page 53
(I) Safety teams and backups who are responsible for interacting with community partners and
assuming key incident command positions; and
(k) Key emergency school personnel, including but not limited to safety teams and backups, to
complete courses provided by the federal emergency management agency's emergency
management institute or by institutions of higher education in the state system of community and
technical colleges;
(l) School district employee safety and incident management training, including provisions stating that
completion of any courses identified by the department of public safety pursuant to section 24-33.51606.5 (3), C.R.S., as related to NIMS count toward the professional development requirements of a
person licensed pursuant to article 60.5 of this title;
(3) A school resource officer shall be familiar with the provisions of the conduct and discipline code of the
school to which he or she is assigned.

Page 54

STATUTES
guardian concerning the educational alternatives available to the student during the period of expulsion.
(c) (I) Educational services provided pursuant to this section shall be provided by the expelling school
district; except that the expelling school district may provide educational services either directly or in
cooperation with one or more other school districts, boards of cooperative services, charter schools,
nonpublic, nonparochial schools, or pilot schools established pursuant to article 38 of this title under
contract with the expelling school district. Any program of educational services provided by a
nonpublic, nonparochial school shall be subject to approval by the state board of education pursuant
to section 22-2-107.
(d) If an expelled student is receiving educational services delivered by a school district other than the
expelling school district, by a charter school in a school district other than the expelling school district,
by a board of cooperative services, by a nonpublic, nonparochial school, or by a pilot school pursuant to
an agreement entered into pursuant to subparagraph (I) of paragraph (c) of this subsection (2), the
expelling school district shall transfer ninety-five percent of the district per pupil revenues, as defined in
section 22-30.5-112 (2) (a.5) (II) to the school district, charter school, nonpublic, nonparochial school,
board of cooperative services, or pilot school that is providing educational services, reduced in
proportion to the amount of time remaining in the school year at the time the student begins receiving
educational services.
(e) Any school district, charter school, nonpublic, nonparochial school, board of cooperative services, or
pilot school that is providing educational services to expelled students pursuant to this subsection (2)
may apply for moneys through the expelled student services grant program established in section 2233-205 to assist in providing educational services.
organizations.
Page 55
been suspended or expelled and to the student's family.
(2) At a minimum, each agreement entered into pursuant to this section shall specify the services to be
provided under the agreement, the entity that will coordinate and oversee provision of the services, and
the responsibilities of each entity entering into the agreement. In addition, each agreement shall require
each entity entering into the agreement to contribute the services or funds for the provision of the services
specified in the agreement. The agreement shall specify the services or the amount and source of funds
that each entity will provide and the mechanism for providing said services or funds.
(3) Each school district shall use a portion of its per pupil revenues to provide services under agreements
entered into pursuant to this section for each student who is at risk of suspension or expulsion or who is
suspended or expelled. In addition, the school district may use federal moneys, moneys received from
any other state appropriation, and moneys received from any other public or private grant to provide said
services.
(1) (a) There is hereby established in the department of education the expelled and at-risk student
services grant program, referred to in this section as the "program". The program shall provide grants to
school districts, to charter schools, to alternative schools within school districts, to nonpublic,
nonparochial schools, to boards of cooperative services, to facility schools, and to pilot schools
established pursuant to article 38 of this title to assist them in providing educational services, and other
services provided pursuant to section 22-33-204, to expelled students pursuant to section 22-33-203
(2), to students at risk of expulsion as identified pursuant to section 22-33-202 (1), and to truant
students.
of military and veterans affairs may apply for a grant pursuant to the provisions of this section to assist
the department with a program to provide educational services to expelled students; except that
nonpublic, nonparochial schools may only apply for a grant pursuant to the provisions of this section to
fund educational services that have been approved by the state board pursuant to section 22-2-107.
The department shall follow application procedures established by the department of education
pursuant to subsection (2) of this section. The department of education shall determine whether to
award a grant to the department of military and veterans affairs and the amount of the grant.
(c) Grants awarded pursuant to this section shall be paid for out of any moneys appropriated to the
department of education for implementation of the program.
(2) (a) The state board by rule shall establish application procedures by which a school district, a charter
school, an alternative school within a school district, a nonpublic, nonparochial school, a board of
cooperative services, a facility school, or a pilot school may annually apply for a grant under the
program. At a minimum, the application shall include a plan for provision of educational services,
including the type of educational services to be provided, the estimated cost of providing such
educational services, and the criteria that will be used to evaluate the effectiveness of the educational
services provided.
(b) The state board shall determine which of the applicants shall receive grants and the amount of each
grant. In awarding grants, the state board shall consider the following criteria:
(I) The costs incurred by the applicant in providing educational services to expelled or at-risk students
pursuant to the provisions of this part 2 during the school year preceding the school year for which
the grant is requested;
Page 56
(II) (Deleted by amendment, L. 98, p. 570, 4, effective April 30, 1998.)

(III) The number of expelled, at-risk, or truant students who are receiving educational services through
the applicant under agreements entered into pursuant to the provisions of this part 2 during the
school year preceding the year for which the grant is requested;
(IV) The quality of educational services to be provided by the applicant under the plan;
(V) The cost-effectiveness of the educational services to be provided under the plan;
(VI) The amount of funding received by the applicant in relation to the cost of the educational services
provided under the plan; and
(VII) If the applicant is seeking to renew a grant or has been awarded a grant pursuant to this section
in the previous five years, the demonstrated effectiveness of the educational services funded by the
previous grant.
(3) The state board shall annually award at least forty-five percent of any moneys appropriated for the
program to applicants that provide educational services to students from more than one school district
and at least one-half of any increase in the appropriation for the program for the 2009-10 fiscal year to
applicants that provide services and supports that are designed to reduce the number of truancy cases
requiring court involvement and that also reflect the best interests of students and families. The services
and supports shall include, but need not be limited to, alternatives to guardian ad litem representation in
truancy proceedings.
(4) The department of education is authorized to retain up to one percent of any moneys appropriated for
the program for the purpose of annually evaluating the program. The department of education is
authorized and encouraged to retain up to an additional two percent of any moneys appropriated for the
program for the purpose of partnering with organizations or agencies that provide services and supports
that are designed to reduce the number of truancy cases requiring court involvement and that also reflect
the best interests of students and families. The services and supports shall include, but need not be
limited to, alternatives to guardian ad litem representation in truancy proceedings. On or before January
1, 2006, and on or before January 1 each year thereafter, the department of education shall report to the
education committees of the house of representatives and the senate, or any successor committees, the
evaluation findings on the outcomes and the effectiveness of the program related to school attendance,
attachment, and achievement. The report shall also include specific information on the efficacy of
services and supports that provide alternatives to court involvement and guardian ad litem representation
in truancy proceedings.
Page 57
Other/Uncategorized
STATUTES
(1) An educational entity and its employees are immune from suit for taking an action regarding the
supervision, grading, suspension, expulsion, or discipline of a student while the student is on the property
of the educational entity or under the supervision of the educational entity or its employees; except that
immunity shall not apply if the action is committed willfully and wantonly and violates a statute, rule, or
regulation or a clearly articulated policy of the educational entity. The burden of proving the violation shall
rest with the plaintiff and must be established by clear and convincing evidence to the court as part of a
summary proceeding. If at the summary proceeding the court finds a violation exists, the educational
entity and its employee may raise immunity at trial under the provisions of this article and the "Colorado
Governmental Immunity Act", article 10 of title 24, C.R.S.
student;
(3) A person claiming to have suffered an injury by an educational entity or an employee, whether or not
by a violation of a statute, rule, or regulation or a clearly articulated policy of the educational entity, shall
file a written notice as provided in section 24-10-109, C.R.S., within one hundred eighty days after the
date of discovery of the injury, regardless of whether the person then knew all of the elements of a claim
or of a cause of action for the injury. Compliance with the provisions of this subsection (3) shall be a
jurisdictional prerequisite to any action brought under the provisions of this article, and failure of
compliance shall forever bar any such action.
force in dealing with disruptive students; except that no board shall adopt a discipline code that includes
provisions that are in conflict with the definition of child abuse in section 18-6-401 (1), C.R.S., and
section 19-1-103 (1), C.R.S.;
(9) Immunity.
(a) A school district board of education or a teacher or any other person acting in good faith in
accordance with the provisions of subsection (2) of this section in carrying out the powers or duties
authorized by said subsection shall be immune from criminal prosecution or civil liability for such
actions; except that a teacher or any other person acting willfully or wantonly in violation of said
Page 58
subsection shall not be immune from criminal prosecution or civil liability pursuant to said
subsection. A teacher or any other person claiming immunity from criminal prosecution under this
paragraph (a) may file a motion that shall be heard prior to trial. At the hearing, the teacher or other
person claiming immunity shall bear the burden of establishing the right to immunity by a
preponderance of the evidence.
(b) A teacher or any other person acting in good faith and in compliance with the conduct and
discipline code adopted by the board of education pursuant to paragraph (a) of subsection (2) of
this section shall be immune from civil liability; except that a person acting willfully and wantonly
shall not be immune from liability pursuant to this paragraph (b). The court shall dismiss any civil
action resulting from actions taken by a teacher or any other person pursuant to the conduct and
this section upon a finding by the court that the person acted in good faith and in compliance with
such conduct and discipline code and was therefore immune from civil liability pursuant to
paragraph (a) of this subsection (9). The court shall award court costs and reasonable attorney fees
to the prevailing party in such a civil action.
(c) If a teacher or any other person does not claim or is not granted immunity from criminal
prosecution pursuant to paragraph (a) of this subsection (9) and a criminal action is brought against
a teacher or any other person for actions taken pursuant to the conduct and discipline code
adopted by the board of education pursuant to paragraph (a) of subsection (2) of this section, it
shall be an affirmative defense in the criminal action that the teacher or such other person was
acting in good faith and in compliance with the conduct and discipline code and was not acting in a
willful or wanton manner in violation of the conduct and discipline code.
(d) An act of a teacher or any other person shall not be considered child abuse pursuant to sections
18-6-401 (1) and 19-1-103 (1), C.R.S., if:
(I) The act was performed in good faith and in compliance with the conduct and discipline code
adopted by the board of education pursuant to paragraph (a) of subsection (2) of this section; or
(II) The act was an appropriate expression of affection or emotional support, as determined by the
board of education.
(e) A teacher or any other person who acts in good faith and in compliance with the conduct and
this section shall not have his or her contract nonrenewed or be subject to any disciplinary
proceedings, including dismissal, as a result of such lawful actions, nor shall the actions of the
teacher or other person be reflected in any written evaluation or other personnel record concerning
such teacher or other person. A teacher or any other person aggrieved by an alleged violation of
this paragraph (e) may file a civil action in the appropriate district court within two years after the
alleged violation.
(3) (b) The board of education of each school district shall adopt and implement policies and procedures
Page 59

STATUTES
psychologists, and local law enforcement agencies.
and institutions of higher education entered into pursuant to section 22-33-204.
organizations.
Page 60
been suspended or expelled and to the student's family. Any services provided pursuant to an agreement
with a nonpublic, nonparochial school shall be subject to approval by the state board of education
pursuant to section 22-2-107, C.R.S. Services provided through such agreements may include, but are
not limited to:
(b) Counseling services;
(c) Drug or alcohol-addiction treatment programs;
(d) Family preservation services.
(e) and (f) (Deleted by amendment, L. 98, p. 570, 3, effective April 30, 1998.)
(2) At a minimum, each agreement entered into pursuant to this section shall specify the services to be
provided under the agreement, the entity that will coordinate and oversee provision of the services, and
the responsibilities of each entity entering into the agreement. In addition, each agreement shall require
each entity entering into the agreement to contribute the services or funds for the provision of the services
specified in the agreement. The agreement shall specify the services or the amount and source of funds
that each entity will provide and the mechanism for providing said services or funds.
(3) Each school district shall use a portion of its per pupil revenues to provide services under agreements
entered into pursuant to this section for each student who is at risk of suspension or expulsion or who is
suspended or expelled. In addition, the school district may use federal moneys, moneys received from
any other state appropriation, and moneys received from any other public or private grant to provide said
services.
of military and veterans affairs may apply for a grant pursuant to the provisions of this section to assist the
department with a program to provide educational services to expelled students; except that nonpublic,
nonparochial schools may only apply for a grant pursuant to the provisions of this section to fund
educational services that have been approved by the state board pursuant to section 22-2-107. The
department shall follow application procedures established by the department of education pursuant to
subsection (2) of this section. The department of education shall determine whether to award a grant to
the department of military and veterans affairs and the amount of the grant.
Other/Uncategorized
Page 61

School Discipline
resources provided by Colorado provide additional context to state policy and regulations and, in some
Title
Description
Expelled and At-Risk

Student Services (EARSS)
Policies
Provides current overview of

Colorado Statutes that impact
school disciplinary actions.
http://www.cde.state.co.us/DropoutP
reventionEARSS_PoliciesandStateSt
atutes.htm
Colorado Department of
Educations Bully Prevention
and Intervention Website
Contains definitions and analysis

of bullying behavior as well as
student and teacher resources
for dealing with the issue.
http://www.cde.state.co.us/pbis/Bullyi
ng/index.htm
A needs assessment report on

truancy court in Colorado
http://www.cde.state.co.us/DropoutP
revention/EARSS_TruancyReduction
Efforts.htm
Website
Documents
Expelled and At-Risk
Student Services (EARSS)
Supported Truancy
Reduction Efforts
Other Resources
Page 62
Connecticut
Discipline Laws and
Regulations
Introduction
document.
Notes & Disclaimers

Prepared by:
Child Trends
Suite 1200W
Suite 110
Table of Contents
Connecticut State Codes Cited.................................................................................................................. 1
Scope ........................................................................................................................................................ 5
Other weapons ........................................................................................................................................ 18
Substance use......................................................................................................................................... 20
Prevention ............................................................................................................................................... 26
Connecticut State Codes Cited

Connecticut Revised Statutes
Title 10 Education and Culture
Chapter 164 Educational Opportunities
10-76b.
State supervision of special education programs and services. Regulations. Coordinating

agency
Chapter 170 Boards of Education

10-221.
10-222d.
10-222g.
10-222h.
10-222i.
10-222j.
10-222k.
10-222l.
10-233a.
10-233b.
10-233c.
10-233d.
10-233e.
10-233f.
10-233g.
10-233h.
10-233i.
10-233j.
10-233k.
Boards of education to prescribe rules, policies and procedures

Safe school climate plans. Definitions. School climate assessments
Prevention and intervention strategy re bullying
Analysis of school districts efforts re prevention of and response to bullying in schools
State-wide safe school climate resource network
Training re prevention, identification and response to school bullying and youth suicide
District safe school climate coordinator. Safe school climate specialist. Safe school
climate committee
Immunity of school employees, students, parents or guardians, individuals and boards of
education from liability for certain actions relating to reporting, investigating and
responding to school bullying
Definitions
Removal of pupils from class
Suspension of pupils
Expulsion of pupils
Notice as to disciplinary policies and action
In-school suspension of pupils. Reassignment
Reports of principals to police authority concerning physical assaults upon school
employees by students
Arrested students. Reports by police, disclosure, confidentiality. Police testimony at
expulsion hearings
Students placed on probation by a court
Student possession and use of telecommunication devices
Notification of school officials of potentially dangerous students. Provision of educational
records of children returning to school from detention centers
Title 54 Education and Culture

Chapter 959 Educational Opportunities
54-33n.
Search of school lockers and property
Connecticut Administrative Code

Connecticut Compilation of School Discipline Laws and Regulations
Page 1
General Provisions
STATUTES
10-221. Boards of education to prescribe rules, policies and procedures.
(a) Boards of education shall prescribe rules for the management, studies, classification and discipline of
the public schools and, subject to the control of the State Board of Education, the textbooks to be used;
shall make rules for the control, within their respective jurisdictions, of school library media centers and
approve the selection of books and other educational media therefor, and shall approve plans for public
school buildings and superintend any high or graded school in the manner specified in this title.
(b) Not later than July 1, 1985, each local and regional board of education shall develop, adopt and
implement written policies concerning homework, attendance, promotion and retention. The Department
of Education shall make available model policies and guidelines to assist local and regional boards of
education in meeting the responsibilities enumerated in this subsection.
(c) Boards of education may prescribe rules to impose sanctions against pupils who damage or fail to
return textbooks, library materials or other educational materials. Said boards may charge pupils for such
damaged or lost textbooks, library materials or other educational materials and may withhold grades,
transcripts or report cards until the pupil pays for or returns the textbook, library book or other educational
material.
(d) Not later than July 1, 1991, each local and regional board of education shall develop, adopt and
implement policies and procedures in conformity with section 10-154a for (1) dealing with the use, sale or
possession of alcohol or controlled drugs, as defined in subdivision (8) of section 21a-240, by public
school students on school property, including a process for coordination with, and referral of such
students to, appropriate agencies, and (2) cooperating with law enforcement officials.
10-222d. Safe school climate plans. Definitions. School climate assessments.
(b) Each local and regional board of education shall develop and implement a safe school climate plan to
address the existence of bullying in its schools. Such plan shall:
(1) Enable students to anonymously report acts of bullying to school employees and require students
and the parents or guardians of students to be notified annually of the process by which students may
make such reports,
(2) enable the parents or guardians of students to file written reports of suspected bullying,
(3) require school employees who witness acts of bullying or receive reports of bullying to orally notify
the safe school climate specialist, described in section 10-222k, or another school administrator if the
safe school climate specialist is unavailable, not later than one school day after such school employee
witnesses or receives a report of bullying, and to file a written report not later than two school days after
making such oral report,
(4) require the safe school climate specialist to investigate or supervise the investigation of all reports of
bullying and ensure that such investigation is completed promptly after receipt of any written reports
made under this section,
(5) require the safe school climate specialist to review any anonymous reports, except that no
disciplinary action shall be taken solely on the basis of an anonymous report,
Page 2
(6) include a prevention and intervention strategy, as defined by section 10-222g, for school employees
to deal with bullying,
(7) provide for the inclusion of language in student codes of conduct concerning bullying,
(8) require each school to notify the parents or guardians of students who commit any verified acts of
bullying and the parents or guardians of students against whom such acts were directed not later than
forty-eight hours after the completion of the investigation described in subdivision (4) of this subsection,
(9) require each school to invite the parents or guardians of a student who commits any verified act of
bullying and the parents or guardians of the student against whom such act was directed to a meeting
to communicate to such parents or guardians the measures being taken by the school to ensure the
safety of the student against whom such act was directed and to prevent further acts of bullying,
(10) establish a procedure for each school to document and maintain records relating to reports and
investigations of bullying in such school and to maintain a list of the number of verified acts of bullying
in such school and make such list available for public inspection, and annually report such number to
the Department of Education, and in such manner as prescribed by the Commissioner of Education,
(11) direct the development of case-by-case interventions for addressing repeated incidents of bullying
against a single individual or recurrently perpetrated bullying incidents by the same individual that may
include both counseling and discipline,
(12) prohibit discrimination and retaliation against an individual who reports or assists in the
investigation of an act of bullying,
(13) direct the development of student safety support plans for students against whom an act of bullying
was directed that address safety measures the school will take to protect such students against further
acts of bullying,
(14) require the principal of a school, or the principal's designee, to notify the appropriate local law
enforcement agency when such principal, or the principal's designee, believes that any acts of bullying
constitute criminal conduct,
(15) prohibit bullying (A) on school grounds, at a school-sponsored or school-related activity, function or
program whether on or off school grounds, at a school bus stop, on a school bus or other vehicle
owned, leased or used by a local or regional board of education, or through the use of an electronic
device or an electronic mobile device owned, leased or used by the local or regional board of
education, and (B) outside of the school setting if such bullying (i) creates a hostile environment at
school for the student against whom such bullying was directed, (ii) infringes on the rights of the student
against whom such bullying was directed at school, or (iii) substantially disrupts the education process
or the orderly operation of a school,
(16) require, at the beginning of each school year, each school to provide all school employees with a
written or electronic copy of the school district's safe school climate plan, and
(17) require that all school employees annually complete the training described in section 10-220a or
section 10-222j. The notification required pursuant to subdivision (8) of this subsection and the
invitation required pursuant to subdivision (9) of this subsection shall include a description of the
response of school employees to such acts and any consequences that may result from the
commission of further acts of bullying.
10-222g. Prevention and intervention strategy re bullying.
For the purposes of section 10-222d, the term "prevention and intervention strategy" may include, but is
not limited to,
Page 3
(1) implementation of a positive behavioral interventions and supports process or another evidencebased model approach for safe school climate or for the prevention of bullying identified by the
Department of Education,
(2) a school survey to determine the prevalence of bullying,
(3) establishment of a bullying prevention coordinating committee with broad representation to review
the survey results and implement the strategy,
(4) school rules prohibiting bullying, harassment and intimidation and establishing appropriate
consequences for those who engage in such acts,
(5) adequate adult supervision of outdoor areas, hallways, the lunchroom and other specific areas
where bullying is likely to occur,
(6) inclusion of grade-appropriate bullying prevention curricula in kindergarten through high school,
(7) individual interventions with the bully, parents and school staff, and interventions with the bullied
child, parents and school staff,
(8) school-wide training related to safe school climate, and
(9) promotion of parent involvement in bullying prevention through individual or team participation in
meetings, trainings and individual interventions.
10-233c. Suspension of pupils.
(a) Any local or regional board of education may authorize the administration of the schools under its
direction to suspend from school privileges any pupil whose conduct on school grounds or at a school
sponsored activity is violative of a publicized policy of such board or is seriously disruptive of the
educational process or endangers persons or property or whose conduct off school grounds is violative of
such policy and is seriously disruptive of the educational process. In making a determination as to
whether conduct is seriously disruptive of the educational process, the administration may consider, but
such consideration shall not be limited to:
(1) Whether the incident occurred within close proximity of a school;
(2) whether other students from the school were involved or whether there was any gang involvement;
(3) whether the conduct involved violence, threats of violence or the unlawful use of a weapon, as
defined in section 29-38, and whether any injuries occurred; and
(4) whether the conduct involved the use of alcohol.
Any such board may authorize the administration to suspend transportation services for any pupil whose
conduct while awaiting or receiving transportation to and from school endangers persons or property or is
violative of a publicized policy of such board. Unless an emergency exists, no pupil shall be suspended
without an informal hearing by the administration, at which such pupil shall be informed of the reasons for
the disciplinary action and given an opportunity to explain the situation, provided nothing herein shall be
construed to prevent a more formal hearing from being held if the circumstances surrounding the incident
so require, and further provided no pupil shall be suspended more than ten times or a total of fifty days in
one school year, whichever results in fewer days of exclusion, unless such pupil is granted a formal
hearing pursuant to sections 4-176e to 4-180a, inclusive, and section 4-181a. If an emergency situation
exists, such hearing shall be held as soon after the suspension as possible.
Page 4
Scope
STATUTES
(15) prohibit bullying
(A) on school grounds, at a school-sponsored or school-related activity, function or program whether
on or off school grounds, at a school bus stop, on a school bus or other vehicle owned, leased or
used by a local or regional board of education, or through the use of an electronic device or an
electronic mobile device owned, leased or used by the local or regional board of education, and
(B) outside of the school setting if such bullying
(i) creates a hostile environment at school for the student against whom such bullying was directed,
(ii) infringes on the rights of the student against whom such bullying was directed at school, or (iii)
substantially disrupts the education process or the orderly operation of a school,
Any such board may authorize the administration to suspend transportation services for any pupil whose
conduct while awaiting or receiving transportation to and from school endangers persons or property or is
violative of a publicized policy of such board.
10-233d. Expulsion of pupils.
(a) (1) Any local or regional board of education, at a meeting at which three or more members of such
board are present, or the impartial hearing board established pursuant to subsection (b) of this section,
may expel, subject to the provisions of this subsection, any pupil whose conduct on school grounds or
at a school-sponsored activity is violative of a publicized policy of such board or is seriously disruptive
of the educational process or endangers persons or property or whose conduct off school grounds is
violative of such policy and is seriously disruptive of the educational process, provided a majority of the
board members sitting in the expulsion hearing vote to expel and that at least three affirmative votes for
expulsion are cast. In making a determination as to whether conduct is seriously disruptive of the
educational process, the board of education or impartial hearing board may consider, but such
consideration shall not be limited to:
(A) Whether the incident occurred within close proximity of a school;
Page 5
(B) whether other students from the school were involved or whether there was any gang
involvement;
(2) Expulsion proceedings pursuant to this section, except as provided in subsection (i) of this section
shall be required whenever there is reason to believe that any pupil
(A) on school grounds or at a school-sponsored activity, was in possession of a firearm, as defined in
18 USC 921, as amended from time to time, or deadly weapon, dangerous instrument or martial arts
weapon, as defined in section 53a-3,
(B) off school grounds, did possess such a firearm in violation of section 29-35 or did possess and
use such a firearm, instrument or weapon in the commission of a crime under chapter 952, or
(C) on or off school grounds, offered for sale or distribution a controlled substance, as defined in
subdivision (9) of section 21a-240, whose manufacture, distribution, sale, prescription, dispensing,
transporting or possessing with intent to sell or dispense, offering, or administering is subject to
criminal penalties under sections 21a-277 and 21a-278.
STATUTES
make such reports,
written or electronic copy of the school district's safe school climate plan,
(c) Not later than January 1, 2012, each local and regional board of education shall approve the safe
school climate plan developed pursuant to this section and submit such plan to the Department of
Education. Not later than thirty calendar days after approval of such plan by the local or regional board of
education, the board shall make such plan available on the board's and each individual school in the
school district's Internet web site and ensure that such plan is included in the school district's publication
of the rules, procedures and standards of conduct for schools and in all student handbooks.
10-233e. Notice as to disciplinary policies and action.
Each local or regional board of education shall inform all pupils within its jurisdiction and their parents,
guardians and surrogate parents, if appointed pursuant to section 10-94g, at least annually, of the board
policies governing student conduct and school discipline. Each board shall further provide an effective
means of notifying the parents, guardian or surrogate parent, if appointed, of any minor pupil against
whom the disciplinary action authorized by the provisions of this section and sections 10-233a to 10233d, inclusive, has been taken. Such notice shall be given within twenty-four hours of the time such pupil
has been excluded.
Page 6

STATUTES
10-233b. Removal of pupils from class.
(a) Any local or regional board of education may authorize teachers in its employ to remove a pupil from
class when such pupil deliberately causes a serious disruption of the educational process within the
classroom, provided no pupil shall be removed from class more than six times in any school year nor
more than twice in one week unless such pupil is referred to the building principal or such principals
designee and granted an informal hearing in accordance with the provisions of section 10-233c.
(b) Whenever any teacher removes a pupil from the classroom, such teacher shall send such pupil to a
designated area and shall immediately inform the building principal or such principals designee as to the
name of the pupil against whom such disciplinary action was taken and the reason therefor.
STATUTES
Sec. 10-233c. Suspension of pupils.
(e) For any pupil who is suspended for the first time pursuant to this section and who has never been
expelled pursuant to section 10-233d, the administration may shorten the length of or waive the
suspension period if the pupil successfully completes an administration-specified program and meets any
other conditions required by the administration. Such administration-specified program shall not require
the pupil or the parent or guardian of the pupil to pay for participation in the program.
(c) (2) For any pupil expelled for the first time pursuant to this section and who has never been
suspended pursuant to section 10-233c, the local or regional board of education may shorten the length
of or waive the expulsion period if the pupil successfully completes a board-specified program and
meets any other conditions required by the board. Such board-specified program shall not require the
pupil or the parent or guardian of the pupil to pay for participation in the program.
(2) In the case of a pupil for which the length of the expulsion period is shortened or the expulsion
period is waived pursuant to subdivision (2) of subsection (c) of this section, such notice shall be
expunged from the cumulative educational record by the local or regional board of education (A) if the
pupil graduates from high school, or (B) if the board so chooses, at the time the pupil completes the
board-specified program and meets any other conditions required by the board pursuant to subdivision
(2) of subsection (c) of this section, whichever is earlier.
10-233f. In-school suspension of pupils. Reassignment.
(a) Any local or regional board of education may authorize the administration of schools under its
direction to impose an in-school suspension on any pupil whose conduct endangers persons or property
Page 7
or is seriously disruptive of the educational process, or is violative of a publicized policy of such board. No
pupil shall be placed in in-school suspension without an informal hearing before the building principal or
such principals designee at which such pupil shall be informed of the reasons for the disciplinary action
and given an opportunity to explain the situation, provided no pupil shall be placed in in-school
suspension more than fifteen times or a total of fifty days in one school year, whichever results in fewer
days of exclusion.
(b) A local or regional board of education may reassign a pupil to a regular classroom program in a
different school in the school district and such reassignment shall not constitute a suspension pursuant to
section 10-233c, or an expulsion pursuant to section 10-233d.


STATUTES
54-33n. Search of school lockers and property.
All local and regional boards of education and all private elementary and secondary schools may
authorize the search by school or law enforcement officials of lockers and other school property available
for use by students for the presence of weapons, contraband or the fruits of a crime if (1) the search is
justified at its inception and (2) the search as actually conducted is reasonably related in scope to the
circumstances which justified the interference in the first place. A search is justified at its inception when
there are reasonable grounds for suspecting that the search will turn up evidence that the student has
violated or is violating either the law or the rules of the school. A search is reasonably related in scope
when the measures adopted are reasonably related to the objectives of the search and not excessively
intrusive in light of the age and sex of the student and the nature of the infraction.

Page 8

STATUTES
involvement;
(C) whether the conduct involved violence, threats of violence or the unlawful use of a weapon, as
(D) whether the conduct involved the use of alcohol.
(l) (1) Any student who commits an expellable offense and is subsequently committed to a juvenile
detention center, the Connecticut Juvenile Training School or any other residential placement for
such offense may be expelled by a local or regional board of education in accordance with the
provisions of this section. The period of expulsion shall run concurrently with the period of
commitment to a juvenile detention center, the Connecticut Juvenile Training School or any other
residential placement.
Page 9

STATUTES
(a) (2) Expulsion proceedings pursuant to this section, except as provided in subsection (i) of this section
Such a pupil shall be expelled for one calendar year if the local or regional board of education or
impartial hearing board finds that the pupil did so possess or so possess and use, as appropriate, such
a firearm, instrument or weapon or did so offer for sale or distribution such a controlled substance,
provided the board of education or the hearing board may modify the period of expulsion for a pupil on
a case by case basis, and as provided for in subdivision (2) of subsection (c) of this section.
(3) Unless an emergency exists, no pupil shall be expelled without a formal hearing held pursuant to
sections 4-176e to 4-180a, inclusive, and section 4-181a, provided whenever such pupil is a minor, the
notice required by section 4-177 and section 4-180 shall also be given to the parents or guardian of the
pupil. If an emergency exists, such hearing shall be held as soon after the expulsion as possible. The
notice shall include information concerning legal services provided free of charge or at a reduced rate
that are available locally and how to access such services.

STATUTES
(a) Unless an emergency exists, no pupil shall be suspended without an informal hearing by the
administration, at which such pupil shall be informed of the reasons for the disciplinary action and given
an opportunity to explain the situation, provided nothing herein shall be construed to prevent a more
formal hearing from being held if the circumstances surrounding the incident so require, and further
provided no pupil shall be suspended more than ten times or a total of fifty days in one school year,
whichever results in fewer days of exclusion, unless such pupil is granted a formal hearing pursuant to
sections 4-176e to 4-180a, inclusive, and section 4-181a. If an emergency situation exists, such hearing
shall be held as soon after the suspension as possible.
(i) Prior to conducting an expulsion hearing for a child requiring special education and related services
described in subparagraph (A) of subdivision (5) of section 10-76a, a planning and placement team shall
convene to determine whether the misconduct was caused by the childs disability. If it is determined that
the misconduct was caused by the childs disability, the child shall not be expelled. The planning and
Page 10
placement team shall reevaluate the child for the purpose of modifying the childs individualized education
program to address the misconduct and to ensure the safety of other children and staff in the school. If it
is determined that the misconduct was not caused by the childs disability, the child may be expelled in
accordance with the provisions of this section applicable to children who do not require special education
and related services. Notwithstanding the provisions of subsections (d) and (e) of this section, whenever
a child requiring such special education and related services is expelled, an alternative educational
opportunity, consistent with such childs educational needs shall be provided during the period of
expulsion.
days of exclusion.

STATUTES
(a) Unless an emergency exists, no pupil shall be suspended without an informal hearing by the
administration, at which such pupil shall be informed of the reasons for the disciplinary action and given
an opportunity to explain the situation, provided nothing herein shall be construed to prevent a more
formal hearing from being held if the circumstances surrounding the incident so require, and further
provided no pupil shall be suspended more than ten times or a total of fifty days in one school year,
whichever results in fewer days of exclusion, unless such pupil is granted a formal hearing pursuant to
sections 4-176e to 4-180a, inclusive, and section 4-181a. If an emergency situation exists, such hearing
shall be held as soon after the suspension as possible.
(b) In determining the length of a suspension period, the administration may receive and consider
evidence of past disciplinary problems which have led to removal from a classroom, suspension or
expulsion of such pupil.
(c) Whenever any administration suspends a pupil, such administration shall not later than twenty-four
hours after the suspension notify the superintendent or such superintendents designee as to the name of
the pupil against whom such disciplinary action was taken and the reason therefor.
(f) Whenever a pupil is suspended pursuant to the provisions of this section, notice of the suspension and
the conduct for which the pupil was suspended shall be included on the pupils cumulative educational
record. Such notice shall be expunged from the cumulative educational record by the local or regional
board of education if a pupil graduates from high school, or in the case of a suspension of a pupil for
which the length of the suspension period is shortened or the suspension period is waived pursuant to
subsection (e) of this section, such notice shall be expunged from the cumulative educational record by
the local or regional board of education (1) if the pupil graduates from high school, or (2) if the
Page 11
administration so chooses, at the time the pupil completes the administration-specified program and
meets any other conditions required by the administration pursuant to said subsection (e), whichever is
earlier.
expulsion are cast.
notice shall include information concerning legal services provided free of charge or at a reduced rate
that are available locally and how to access such services.
(b) For purposes of conducting expulsion hearings as required by subsection (a) of this section, any local
or regional board of education or any two or more of such boards in cooperation may establish an
impartial hearing board of one or more persons. No member of any such board or boards shall be a
member of the hearing board. The hearing board shall have the authority to conduct the expulsion
hearing and render a final decision in accordance with the provisions of sections 4-176e to 4-180a,
inclusive, and section 4-181a.
(f) (1) Whenever a pupil is expelled pursuant to the provisions of this section, notice of the expulsion and
the conduct for which the pupil was expelled shall be included on the pupils cumulative educational
record. Such notice, except for notice of an expulsion based on possession of a firearm or deadly
weapon as described in subsection (a) of this section, shall be expunged from the cumulative
educational record by the local or regional board of education if a pupil graduates from high school,
except as provided for in subdivision (2) of this subsection.
(g) A local or regional board of education may adopt the decision of a pupil expulsion hearing conducted
by another school district provided such local or regional board of education or impartial hearing board
shall hold a hearing pursuant to the provisions of subsection (a) of this section which shall be limited to a
determination of whether the conduct which was the basis for the expulsion would also warrant expulsion
under the policies of such board. The pupil shall be excluded from school pending such hearing. The
excluded student shall be offered an alternative educational opportunity in accordance with the provisions
of subsections (d) and (e) of this section.
(h) Whenever a pupil against whom an expulsion hearing is pending withdraws from school after
notification of such hearing but before the hearing is completed and a decision rendered pursuant to this
section, (1) notice of the pending expulsion hearing shall be included on the pupils cumulative
Page 12
educational record, and (2) the local or regional board of education or impartial hearing board shall
complete the expulsion hearing and render a decision. If such pupil enrolls in school in another school
district, such pupil shall not be excluded from school in the other district pending completion of the
expulsion hearing pursuant to this subsection unless an emergency exists, provided nothing in this
subsection shall limit the authority of the local or regional board of education for such district to suspend
the pupil or to conduct its own expulsion hearing in accordance with this section.
(i) Prior to conducting an expulsion hearing for a child requiring special education and related services
described in subparagraph (A) of subdivision (5) of section 10-76a, a planning and placement team shall
convene to determine whether the misconduct was caused by the childs disability.
10-233h. Arrested students. Reports by police, disclosure, confidentiality. Police testimony at
expulsion hearings.
If any person who is at least seven years of age but less than twenty-one years of age and an enrolled
student is arrested for a violation of section 53-206c, a class A misdemeanor or a felony, the municipal
police department or Division of State Police within the Department of Emergency Services and Public
Protection that made such arrest shall, not later than the end of the weekday following such arrest, orally
notify the superintendent of schools of the school district in which such person resides or attends school
of the identity of such person and the offense or offenses for which he was arrested and shall, within
seventy-two hours of such arrest, provide written notification of such arrest, containing a brief description
of the incident, to such superintendent. The superintendent shall maintain such written report in a secure
location and the information in such report shall be maintained as confidential in accordance with section
46b-124. The superintendent may disclose such information only to the principal of the school in which
such person is a student or to the principal or supervisory agent of any other school in which the
superintendent knows such person is a student. The principal or supervisory agent may disclose such
information only to special services staff or a consultant, such as a psychiatrist, psychologist or social
worker, for the purposes of assessing the risk of danger posed by such person to himself, other students,
school employees or school property and effectuating an appropriate modification of such persons
educational plan or placement, and for disciplinary purposes. If the arrest occurred during the school
year, such assessment shall be completed not later than the end of the next school day. If an expulsion
hearing is held pursuant to section 10-233d, a representative of the municipal police department or the
Division of State Police, as appropriate, may testify and provide reports and information on the arrest at
such hearing, provided such police participation is requested by any of the following: The local or regional
board of education, the impartial hearing board, the principal of the school or the student or his parent or
guardian. Such information with respect to a child under eighteen years of age shall be confidential in
accordance with sections 46b-124 and 54-76l, and shall only be disclosed as provided in this section and
shall not be further disclosed.
STATUTES
Sec. 10-233c. Suspension of pupils.
(g) On and after July 1, 2010, suspensions pursuant to this section shall be in-school suspensions, unless
during the hearing held pursuant to subsection (a) of this section,
(1) the administration determines that the pupil being suspended poses such a danger to persons or
property or such a disruption of the educational process that the pupil shall be excluded from school
during the period of suspension, or
Page 13
(2) the administration determines that an out-of-school suspension is appropriate for such pupil based
on evidence of
(A) previous disciplinary problems that have led to suspensions or expulsion of such pupil, and
(B) efforts by the administration to address such disciplinary problems through means other than outof-school suspension or expulsion, including positive behavioral support strategies. An in-school
suspension may be served in the school that the pupil attends, or in any school building under the
jurisdiction of the local or regional board of education, as determined by such board.
days of exclusion.

STATUTES
(j) An expelled pupil may apply for early readmission to school. Except as provided in this subsection,
such readmission shall be at the discretion of the local or regional board of education. The board of
education may delegate authority for readmission decisions to the superintendent of schools for the
school district. If the board delegates such authority, readmission shall be at the discretion of the
superintendent. Readmission decisions shall not be subject to appeal to Superior Court. The board or
superintendent, as appropriate, may condition such readmission on specified criteria.
(l) If a student who committed an expellable offense seeks to return to a school district after having been
in a juvenile detention center, the Connecticut Juvenile Training School or any other residential placement
for one year or more, the district to which the student is returning shall allow such student to return and
may not expel the student for additional time for such offense.
10-233i. Students placed on probation by a court.
A student placed on probation by a court may return to school on a conditional basis, within the limits
prescribed by the court, provided the court has requested, from the superintendent of schools of the
school district in which the student resides, and considered
(1) information on the students school attendance, adjustment and behavior and
(2) any recommendations for conditions for disposition or sentencing. Superintendents of schools shall
provide such information to the court in a timely manner.
Page 14
10-233k. Notification of school officials of potentially dangerous students. Provision of

educational records of children returning to school from detention centers.
(b) The Department of Children and Families and the Judicial Department or the local or regional board of
education shall provide to the superintendent of schools any educational records within their custody of a
child seeking to enter or return to a school district from a juvenile detention center, the Connecticut
Juvenile Training School, or any other residential placement, prior to the childs entry or return. The
agencies shall also require any contracting entity that holds custody of such records to provide them to
the superintendent of schools prior to the childs entry or return. Receipt of the educational records shall
not delay a child from enrolling in school. The superintendent of schools shall provide such information to
the principal at the school the child will be attending. The principal shall disclose such information to
appropriate staff as is necessary to the education or care of the child.

STATUTES
10-76b. State supervision of special education programs and services. Regulations. Coordinating
agency.
(a) The State Board of Education shall provide for the development and supervision of the educational
programs and services for children requiring special education and may regulate curriculum, conditions of
instruction, including the use of physical restraint and seclusion pursuant to chapter 814e, physical
facilities and equipment, class composition and size, admission of students, and the requirements
respecting necessary special services and instruction to be provided by local and regional boards of
education. The State Board of Education shall adopt regulations, in accordance with the provisions of
chapter 54, concerning the use of physical restraint and seclusion pursuant to chapter 814e. The
educational aspects of all programs and instructional facilities in any day or residential child-caring
agency or school which provides training for children requiring special education and which receives
funding from the state under the provisions of sections 10-76a to 10-76g, inclusive, shall be subject to the
approval and supervision of the commissioner in accordance with regulations adopted by the State Board
of Education concerning requirements for such programs and accommodations.
(b) The commissioner shall designate by regulation, subject to the approval of the State Board of
Education, the procedures which shall be used to identify exceptional children.
(c) Said board shall be the agency for cooperation and consultation with federal agencies, other state
agencies and private bodies on matters of public school education of children requiring special education,
provided the full responsibilities for other aspects of the care of such children shall be reserved to such
other agencies.
STATUTES
(d) Notwithstanding the provisions of subsection (a) of section 10-220, local and regional boards of
education shall only be required to offer an alternative educational opportunity in accordance with this
section. Any pupil under sixteen years of age who is expelled shall be offered an alternative educational
opportunity during the period of expulsion, provided any parent or guardian of such pupil who does not
choose to have his or her child enrolled in an alternative program shall not be subject to the provisions of
section 10-184. Any pupil expelled for the first time who is between the ages of sixteen and eighteen and
Page 15
who wishes to continue his or her education shall be offered an alternative educational opportunity if he or
she complies with conditions established by his or her local or regional board of education. Such
alternative may include, but shall not be limited to, the placement of a pupil who is at least sixteen years
of age in an adult education program pursuant to section 10-69. A local or regional board of education
shall count the expulsion of a pupil when he was under sixteen years of age for purposes of determining
whether an alternative educational opportunity is required for such pupil when he is between the ages of
sixteen and eighteen. A local or regional board of education may offer an alternative educational
opportunity to a pupil for whom such alternative educational opportunity is not required pursuant to this
section.
(e) Notwithstanding the provisions of subsection (d) of this section concerning the provision of an
alternative educational opportunity for pupils between the ages of sixteen and eighteen, local and regional
boards of education shall not be required to offer such alternative to any pupil between the ages of
sixteen and eighteen who is expelled because of conduct which endangers persons if it is determined at
the expulsion hearing that the conduct for which the pupil is expelled involved
(1) possession of a firearm, as defined in 18 USC 921, as amended from time to time, or deadly
weapon, dangerous instrument or martial arts weapon, as defined in section 53a-3, on school property
or at a school-sponsored activity, or
(2) offering for sale or distribution on school property or at a school-sponsored activity a controlled
substance, as defined in subdivision (9) of section 21a-240, whose manufacture, distribution, sale,
prescription, dispensing, transporting or possessing with the intent to sell or dispense, offering, or
administration is subject to criminal penalties under sections 21a-277 and 21a-278.
If a pupil is expelled pursuant to this section for possession of a firearm or deadly weapon the board of
education shall report the violation to the local police department or in the case of a student enrolled in a
regional vocational-technical school to the state police. If a pupil is expelled pursuant to this section for
the sale or distribution of such a controlled substance, the board of education shall refer the pupil to an
appropriate state or local agency for rehabilitation, intervention or job training, or any combination thereof,
and inform the agency of its action. Whenever a local or regional board of education notifies a pupil
between the ages of sixteen and eighteen or the parents or guardian of such pupil that an expulsion
hearing will be held, the notification shall include a statement that the board of education is not required to
offer an alternative educational opportunity to any pupil who is found to have engaged in the conduct
described in this subsection.
days of exclusion.
Page 16

Conditions
STATUTES
defined in section 29-38, and whether any injuries occurred
defined in section 29-38, and whether any injuries occurred;
Page 17
or at a school-sponsored activity, If a pupil is expelled pursuant to this section for possession of a
firearm or deadly weapon the board of education shall report the violation to the local police department
or in the case of a student enrolled in a technical high school to the state police.
Other weapons
STATUTES
defined in section 29-38, and whether any injuries occurred
Page 18

use such a firearm, instrument or weapon in the commission of a crime under chapter 952,

STATUTES
(a) As used in this section, sections 10-222g to 10-222i, inclusive, and section 10-222k:
(1) "Bullying" means
(A) the repeated use by one or more students of a written, oral or electronic communication, such as
cyberbullying, directed at or referring to another student attending school in the same school district,
or
(B) a physical act or gesture by one or more students repeatedly directed at another student attending
school in the same school district, that:
(i) Causes physical or emotional harm to such student or damage to such student's property,
(ii) places such student in reasonable fear of harm to himself or herself, or of damage to his or her
property,
(iii) creates a hostile environment at school for such student,
(iv) infringes on the rights of such student at school, or
(v) substantially disrupts the education process or the orderly operation of a school.
"Bullying" shall include, but not be limited to, a written, oral or electronic communication or physical act
or gesture based on any actual or perceived differentiating characteristic, such as race, color, religion,
ancestry, national origin, gender, sexual orientation, gender identity or expression, socioeconomic
status, academic status, physical appearance, or mental, physical, developmental or sensory disability,
or by association with an individual or group who has or is perceived to have one or more of such
characteristics;
(b) In determining the length of a suspension period, the administration may receive and consider
(c) (1) In determining the length of an expulsion and the nature of the alternative educational opportunity
to be offered under subsection (d) of this section, the local or regional board of education, or the
impartial hearing board established pursuant to subsection (b) of this section, may receive and consider
Page 19

STATUTES
(b) Not later than July 1, 1985, each local and regional board of education shall develop, adopt and
implement written policies concerning homework, attendance, promotion and retention. The Department
of Education shall make available model policies and guidelines to assist local and regional boards of
education in meeting the responsibilities enumerated in this subsection.
Substance use
STATUTES
(d) Not later than July 1, 1991, each local and regional board of education shall develop, adopt and
implement policies and procedures in conformity with section 10-154a for (1) dealing with the use, sale or
possession of alcohol or controlled drugs, as defined in subdivision (8) of section 21a-240, by public
school students on school property, including a process for coordination with, and referral of such
students to, appropriate agencies, and (2) cooperating with law enforcement officials.
(D) whether the conduct involved the use of alcohol.
Page 20
administration is subject to criminal penalties under sections 21a-277 and 21a-278. If a pupil is expelled
pursuant to this section for the sale or distribution of such a controlled substance, the board of
education shall refer the pupil to an appropriate state or local agency for rehabilitation, intervention or
job training, or any combination thereof, and inform the agency of its action

STATUTES
(a) As used in this section, sections 10-222g to 10-222i, inclusive, and section 10-222k:
(1) "Bullying" means
(A) the repeated use by one or more students of a written, oral or electronic communication, such as
cyberbullying, directed at or referring to another student attending school in the same school district,
or
(B) a physical act or gesture by one or more students repeatedly directed at another student attending
school in the same school district, that:
(i) Causes physical or emotional harm to such student or damage to such student's property,
(ii) places such student in reasonable fear of harm to himself or herself, or of damage to his or her
property,
(iii) creates a hostile environment at school for such student,
(iv) infringes on the rights of such student at school, or
(v) substantially disrupts the education process or the orderly operation of a school.
"Bullying" shall include, but not be limited to, a written, oral or electronic communication or physical act
or gesture based on any actual or perceived differentiating characteristic, such as race, color, religion,
ancestry, national origin, gender, sexual orientation, gender identity or expression, socioeconomic
status, academic status, physical appearance, or mental, physical, developmental or sensory disability,
or by association with an individual or group who has or is perceived to have one or more of such
characteristics;
Page 21
(2) "Cyberbullying" means any act of bullying through the use of the Internet, interactive and digital
technologies, cellular mobile telephone or other mobile electronic devices or any electronic
communications;
(3) "Mobile electronic device" means any hand-held or other portable electronic equipment capable of
providing data communication between two or more individuals, including, but not limited to, a text
messaging device, a paging device, a personal digital assistant, a laptop computer, equipment that is
capable of playing a video game or a digital video disk, or equipment on which digital images are taken
or transmitted;
(4) "Electronic communication" means any transfer of signs, signals, writing, images, sounds, data or
intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic,
photoelectronic or photo-optical system;
(5) "Hostile environment" means a situation in which bullying among students is sufficiently severe or
pervasive to alter the conditions of the school climate;
(6) "Outside of the school setting" means at a location, activity or program that is not school related, or
through the use of an electronic device or a mobile electronic device that is not owned, leased or used
by a local or regional board of education;
(7) "School employee" means
(A) a teacher, substitute teacher, school administrator, school superintendent, guidance counselor,
psychologist, social worker, nurse, physician, school paraprofessional or coach employed by a local
or regional board of education or working in a public elementary, middle or high school; or
(B) any other individual who, in the performance of his or her duties, has regular contact with students
and who provides services to or on behalf of students enrolled in a public elementary, middle or high
school, pursuant to a contract with the local or regional board of education; and
(8) "School climate" means the quality and character of school life with a particular focus on the quality
of the relationships within the school community between and among students and adults.
make such reports,
(7) provide for the inclusion of language in student codes of conduct concerning bullying,
Page 22
(13) direct the development of student safety support plans for students against whom an act of bullying
was directed that address safety measures the school will take to protect such students against further
acts of bullying,
(15) prohibit bullying
(A) on school grounds, at a school-sponsored or school-related activity, function or program whether
on or off school grounds, at a school bus stop, on a school bus or other vehicle
owned, leased or
used by a local or regional board of education, or through the use of an electronic device or an
electronic mobile device owned, leased or used by the local or regional board of education, and
(B) outside of the school setting if such bullying
(i) creates a hostile environment at school for the student against whom such bullying was directed,
(ii) infringes on the rights of the student against whom such bullying was directed at school, or
(iii) substantially disrupts the education process or the orderly operation of a school,
written or electronic copy of the school district's safe school climate plan, and
Page 23

STATUTES
(c) Boards of education may prescribe rules to impose sanctions against pupils who damage or fail to
return textbooks, library materials or other educational materials. Said boards may charge pupils for such
damaged or lost textbooks, library materials or other educational materials and may withhold grades,
transcripts or report cards until the pupil pays for or returns the textbook, library book or other educational
material.
involvement;
10-233g. Reports of principals to police authority concerning physical assaults upon school
employees by students.
(a) Where there is a physical assault made by a student upon a teacher or other school employee on
school property or in performance of school duties and such teacher or employee files a written report
with the school principal based upon such assault, the school building principal shall report such physical
assault to the local police authority.
Page 24
(b) No school administrator shall interfere with the right of a teacher or other employee of a board of
education to file a complaint with the local police authority in cases of threats of physical violence and in
cases of physical assaults by a student against such teacher or employee.
expulsion hearings.
10-233j. Student possession and use of telecommunication devices.
(a) No student in a public school in the state shall possess or use a remotely activated paging device
unless such student obtains the written permission of the school principal for such possession and use.
The principal shall grant such permission only if the student or his parent or guardian establishes to the
satisfaction of the principal that a reasonable basis exists for the possession and use of the device.
(b) A local or regional board of education may restrict the student possession or use of cellular mobile
telephones in the schools under its jurisdiction. In determining whether to restrict such possession or use,
the local or regional board of education shall consider the special needs of parents and students.
Page 25

Prevention
STATUTES
not limited to,
10-222k. District safe school climate coordinator. Safe school climate specialist. Safe school
climate committee.
(a) For the school year commencing July 1, 2012, and each school year thereafter, the superintendent of
each local or regional board of education shall appoint, from among existing school district staff, a district
safe school climate coordinator. The district safe school climate coordinator shall:
(1) Be responsible for implementing the districts safe school climate plan, developed pursuant to
section 10-222d,
(2) collaborate with the safe school climate specialists, described in subsection (b) of this section, the
board of education for the district and the superintendent of schools of the school district to prevent,
identify and respond to bullying in the schools of the district,
Page 26
(3) provide data and information, in collaboration with the superintendent of schools of the district, to the
Department of Education regarding bullying, in accordance with the provisions of subsection (b) of
section 10-222d and subsection (a) of section 10-222h, and
(4) meet with the safe school climate specialists at least twice during the school year to discuss issues
relating to bullying in the school district and to make recommendations concerning amendments to the
districts safe school climate plan.
(b) For the school year commencing July 1, 2012, and each school year thereafter, the principal of each
school, or the principals designee, shall serve as the safe school climate specialist and shall (1)
investigate or supervise the investigation of reported acts of bullying in the school in accordance with the
districts safe school climate plan, (2) collect and maintain records of reports and investigations of bullying
in the school, and (3) act as the primary school official responsible for preventing, identifying and
responding to reports of bullying in the school.
(c) (1) For the school year commencing July 1, 2012, and each school year thereafter, the principal of
each school shall establish a committee or designate at least one existing committee in the school to be
responsible for developing and fostering a safe school climate and addressing issues relating to
bullying in the school. Such committee shall include at least one parent or guardian of a student
enrolled in the school appointed by the school principal.
(2) Any such committee shall: (A) receive copies of completed reports following investigations of
bullying, (B) identify and address patterns of bullying among students in the school, (C) review and
amend school policies relating to bullying, (D) review and make recommendations to the district safe
school climate coordinator regarding the districts safe school climate plan based on issues and
experiences specific to the school, (E) educate students, school employees and parents and guardians
of students on issues relating to bullying, (F) collaborate with the district safe school climate coordinator
in the collection of data regarding bullying, in accordance with the provisions of subsection (b) of
section 10-222d and subsection (a) of section 10-222h, and (G) perform any other duties as determined
by the school principal that are related to the prevention, identification and response to school bullying
for the school.
(3) Any parent or guardian serving as a member of any such committee shall not participate in the
activities described in subparagraphs (A) and (B) of subdivision (2) of this subsection or any other
activity that may compromise the confidentiality of a student.

STATUTES
not limited to,
Page 27
(e) For any pupil who is suspended for the first time pursuant to this section and who has never been
expelled pursuant to section 10-233d, the administration may shorten the length of or waive the
suspension period if the pupil successfully completes an administration-specified program and meets any
other conditions required by the administration. Such administration-specified program shall not require
the pupil or the parent or guardian of the pupil to pay for participation in the program.
(c) (2) For any pupil expelled for the first time pursuant to this section and who has never been
suspended pursuant to section 10-233c, the local or regional board of education may shorten the length
of or waive the expulsion period if the pupil successfully completes a board-specified program and
meets any other conditions required by the board. Such board-specified program shall not require the
pupil or the parent or guardian of the pupil to pay for participation in the program.
(e) If a pupil is expelled pursuant to this section for the sale or distribution of such a controlled substance,
the board of education shall refer the pupil to an appropriate state or local agency for rehabilitation,
intervention or job training, or any combination thereof, and inform the agency of its action.
STATUTES
Page 28

not limited to,
10-222j. Training re prevention, identification and response to school bullying and youth suicide.
The Department of Education shall provide, within available appropriations, annual training to school
employees, as defined in section 10-222d, except those school employees who hold the initial educator,
provisional educator or professional educator certificate, on the prevention, identification and response to
school bullying, as defined in section 10-222d, and the prevention of and response to youth suicide. Such
training may include, but not be limited to,
(1) developmentally appropriate strategies to prevent bullying among students in school and outside of
the school setting,
(2) developmentally appropriate strategies for immediate and effective interventions to stop bullying,
(3) information regarding the interaction and relationship between students committing acts of bullying,
students against whom such acts of bullying are directed and witnesses of such acts of bullying,
(4) research findings on bullying, such as information about the types of students who have been shown
to be at-risk for bullying in the school setting,
(5) information on the incidence and nature of cyberbullying, as defined in section 10-222d,
(6) Internet safety issues as they relate to cyberbullying, or
(7) information on the incidence of youth suicide, methods of identifying youths at risk of suicide and
developmentally appropriate strategies for effective interventions to prevent youth suicide. Such training
may be presented in person by mentors, offered in state-wide workshops or through on-line courses.
Page 29

STATUTES
make such reports,
climate committee.
section 10-222d,
school, or the principals designee, shall serve as the safe school climate specialist and shall
(1) investigate or supervise the investigation of reported acts of bullying in the school in accordance
with the districts safe school climate plan,
Page 30
(2) collect and maintain records of reports and investigations of bullying in the school, and
(3) act as the primary school official responsible for preventing, identifying and responding to reports of
bullying in the school.
(2) Any such committee shall:
(A) receive copies of completed reports following investigations of bullying,
(B) identify and address patterns of bullying among students in the school,
(C) review and amend school policies relating to bullying,
(D) review and make recommendations to the district safe school climate coordinator regarding the
districts safe school climate plan based on issues and experiences specific to the school,
(E) educate students, school employees and parents and guardians of students on issues relating to
bullying,
(F) collaborate with the district safe school climate coordinator in the collection of data regarding
bullying, in accordance with the provisions of subsection (b) of section 10-222d and subsection (a) of
section 10-222h, and
(G) perform any other duties as determined by the school principal that are related to the prevention,
identification and response to school bullying for the school.
10-233b. Removal of pupils from class.
(b) Whenever any teacher removes a pupil from the classroom, such teacher shall send such pupil to a
designated area and shall immediately inform the building principal or such principals designee as to the
name of the pupil against whom such disciplinary action was taken and the reason therefor.
(c) Whenever any administration suspends a pupil, such administration shall not later than twenty-four
hours after the suspension notify the superintendent or such superintendents designee as to the name of
the pupil against whom such disciplinary action was taken and the reason therefor.
(f) Whenever a pupil is suspended pursuant to the provisions of this section, notice of the suspension and
the conduct for which the pupil was suspended shall be included on the pupils cumulative educational
record. Such notice shall be expunged from the cumulative educational record by the local or regional
board of education if a pupil graduates from high school, or in the case of a suspension of a pupil for
which the length of the suspension period is shortened or the suspension period is waived pursuant to
subsection (e) of this section, such notice shall be expunged from the cumulative educational record by
the local or regional board of education (1) if the pupil graduates from high school, or (2) if the
administration so chooses, at the time the pupil completes the administration-specified program and
meets any other conditions required by the administration pursuant to said subsection (e), whichever is
earlier.
Page 31

(f) (1) Whenever a pupil is expelled pursuant to the provisions of this section, notice of the expulsion and
the conduct for which the pupil was expelled shall be included on the pupils cumulative educational
record. Such notice, except for notice of an expulsion based on possession of a firearm or deadly
weapon as described in subsection (a) of this section, shall be expunged from the cumulative
educational record by the local or regional board of education if a pupil graduates from high school,
except as provided for in subdivision (2) of this subsection.
(k) Local and regional boards of education shall submit to the Commissioner of Education such
information on expulsions for the possession of weapons as required for purposes of the Gun-Free
Schools Act of 1994, 20 USC 8921 et seq., as amended from time to time.
STATUTES
make such reports,
not limited to,
Page 32

notice shall include information concerning legal services provided free of charge or at a reduced rate that
are available locally and how to access such services.
alternative educational opportunity for pupils between the ages of sixteen and eighteen, local and
regional boards of education shall not be required to offer such alternative to any pupil between the
ages of sixteen and eighteen who is expelled because of conduct which endangers persons if it is
determined at the expulsion hearing that the conduct for which the pupil is expelled involved
weapon, dangerous instrument or martial arts weapon, as defined in section 53a-3, on school
property or at a school-sponsored activity, or
administration is subject to criminal penalties under sections 21a-277 and 21a-278. If a pupil is
expelled pursuant to this section for possession of a firearm or deadly weapon the board of education
shall report the violation to the local police department or in the case of a student enrolled in a
technical high school to the state police. If a pupil is expelled pursuant to this section for the sale or
distribution of such a controlled substance, the board of education shall refer the pupil to an
appropriate state or local agency for rehabilitation, intervention or job training, or any combination
thereof, and inform the agency of its action. Whenever a local or regional board of education notifies
a pupil between the ages of sixteen and eighteen or the parents or guardian of such pupil that an
expulsion hearing will be held, the notification shall include a statement that the board of education is
not required to offer an alternative educational opportunity to any pupil who is found to have engaged
in the conduct described in this subsection.
10-233e. Notice as to disciplinary policies and action.
Each local or regional board of education shall inform all pupils within its jurisdiction and their parents,
guardians and surrogate parents, if appointed pursuant to section 10-94g, at least annually, of the board
policies governing student conduct and school discipline. Each board shall further provide an effective
means of notifying the parents, guardian or surrogate parent, if appointed, of any minor pupil against
whom the disciplinary action authorized by the provisions of this section and sections 10-233a to 10233d, inclusive, has been taken. Such notice shall be given within twenty-four hours of the time such pupil
has been excluded.

STATUTES
Page 33
or at a school-sponsored activity,
If a pupil is expelled pursuant to this section for possession of a firearm or deadly weapon the board of
education shall report the violation to the local police department or in the case of a student enrolled in a
technical high school to the state police.
10-233g. Reports of principals to police authority concerning physical assaults upon school
employees by students.
(a) Where there is a physical assault made by a student upon a teacher or other school employee on
school property or in performance of school duties and such teacher or employee files a written report
with the school principal based upon such assault, the school building principal shall report such physical
assault to the local police authority.
(b) No school administrator shall interfere with the right of a teacher or other employee of a board of
education to file a complaint with the local police authority in cases of threats of physical violence and in
cases of physical assaults by a student against such teacher or employee.
10-233i. Students placed on probation by a court.
A student placed on probation by a court may return to school on a conditional basis, within the limits
prescribed by the court, provided the court has requested, from the superintendent of schools of the
school district in which the student resides, and considered
(1) information on the students school attendance, adjustment and behavior and
(2) any recommendations for conditions for disposition or sentencing. Superintendents of schools shall
provide such information to the court in a timely manner.
(a) If the Department of Children and Families believes, in good faith, that there is a risk of imminent
personal injury to the person or other individuals from a child in its custody who has been adjudicated a
serious juvenile offender, the department shall notify the superintendent of schools for the school district
in which such child may be returning to attend school or was attending prior to the adjudication of such
determination, prior to the childs return. The superintendent of schools shall notify the principal at the
school the child will be attending that the child is potentially dangerous. The principal may disclose such
worker, for the purpose of assessing the risk of danger posed by such child to himself, other students,
school employees or school property and effectuating an appropriate modification of such childs
educational plan or placement and for disciplinary reasons.
Page 34

STATUTES
expulsion hearings.
(a) If the Department of Children and Families believes, in good faith, that there is a risk of imminent
personal injury to the person or other individuals from a child in its custody who has been adjudicated a
serious juvenile offender, the department shall notify the superintendent of schools for the school district
in which such child may be returning to attend school or was attending prior to the adjudication of such
determination, prior to the childs return. The superintendent of schools shall notify the principal at the
school the child will be attending that the child is potentially dangerous. The principal may disclose such
Page 35
worker, for the purpose of assessing the risk of danger posed by such child to himself, other students,
school employees or school property and effectuating an appropriate modification of such childs
educational plan or placement and for disciplinary reasons.

STATUTES
(d) On and after July 1, 2012, and biennially thereafter, each local and regional board of education shall
require each school in the district to complete an assessment using the school climate assessment
instruments, including surveys, approved and disseminated by the Department of Education pursuant to
section 10-222h. Each local and regional board of education shall collect the school climate assessments
for each school in the district and submit such school climate assessments to the department.
not limited to,
10-222h. Analysis of school districts efforts re prevention of and response to bullying in schools.
(a) The Department of Education shall, within available appropriations,
(1) document school districts articulated needs for technical assistance and training related to safe
learning and bullying,
(2) collect information on the prevention and intervention strategies used by schools to reduce the
incidence of bullying, improve school climate and improve reporting outcomes,
(3) develop or recommend a model safe school climate plan for grades kindergarten to twelve,
inclusive, and
Page 36
(4) in collaboration with the Connecticut Association of Schools, disseminate to all public schools gradelevel appropriate school climate assessment instruments approved by the department, including
surveys, to be used by local and regional boards of education for the purposes of collecting information
described in subdivision (2) of this subsection so that the department can monitor bullying prevention
efforts over time and compare each districts progress to state trends. On or before February 1, 2010,
and biennially thereafter, the department shall, in accordance with the provisions of section 11-4a,
submit a report on the status of its efforts pursuant to this section including, but not limited to, the
number of verified acts of bullying in the state, an analysis of the responsive action taken by school
districts and any recommendations it may have regarding additional activities or funding to prevent
bullying in schools and improve school climate to the joint standing committee of the General Assembly
having cognizance of matters relating to education and to the select committee of the General
Assembly having cognizance of matters relating to children.
(b) The department may accept private donations for the purposes of this section.
climate committee.
section 10-222d,
school, or the principals designee, shall serve as the safe school climate specialist and shall (1)
investigate or supervise the investigation of reported acts of bullying in the school in accordance with the
districts safe school climate plan, (2) collect and maintain records of reports and investigations of bullying
in the school, and (3) act as the primary school official responsible for preventing, identifying and
responding to reports of bullying in the school.
(2) Any such committee shall: (A) receive copies of completed reports following investigations of
bullying, (B) identify and address patterns of bullying among students in the school, (C) review and
amend school policies relating to bullying, (D) review and make recommendations to the district safe
school climate coordinator regarding the districts safe school climate plan based on issues and
experiences specific to the school, (E) educate students, school employees and parents and guardians
of students on issues relating to bullying, (F) collaborate with the district safe school climate coordinator
Page 37
in the collection of data regarding bullying, in accordance with the provisions of subsection (b) of
section 10-222d and subsection (a) of section 10-222h, and (G) perform any other duties as determined
by the school principal that are related to the prevention, identification and response to school bullying
for the school.
(k) Local and regional boards of education shall submit to the Commissioner of Education such
information on expulsions for the possession of weapons as required for purposes of the Gun-Free
Schools Act of 1994, 20 USC 8921 et seq., as amended from time to time.
Page 38

STATUTES

Page 39

STATUTES
inclusive, and
10-222i. State-wide safe school climate resource network.
(a) The Department of Education, in consultation with the State Education Resource Center, the
Governors Prevention Partnership and the Commission on Children, shall establish, within available
appropriations, a state-wide safe school climate resource network for the identification, prevention and
education of school bullying in the state. Such state-wide safe school climate resource network shall
make available to all schools information, training opportunities and resource materials to improve the
school climate to diminish bullying.
(b) The department may seek federal, state and municipal funding and may accept private donations for
the administration of the state-wide safe school climate resource network.
STATUTES
Page 40
inclusive, and
Page 41
Other/Uncategorized
STATUTES
10-222l. Immunity of school employees, students, parents or guardians, individuals and boards of
education from liability for certain actions relating to reporting, investigating and responding to
school bullying.
(a) No claim for damages shall be made against a school employee, as defined in section 10-222d, who
reports, investigates and responds to bullying, as defined in said section 10-222d, in accordance with the
provisions of the safe school climate plan, described in said section 10-222d, if such school employee
was acting in good faith in the discharge of his or her duties or within the scope of his or her employment.
The immunity provided in this subsection does not apply to acts or omissions constituting gross, reckless,
wilful or wanton misconduct.
(b) No claim for damages shall be made against a student, parent or guardian of a student or any other
individual who reports an act of bullying to a school employee, in accordance with the provisions of the
safe school climate plan described in said section 10-222d, if such individual was acting in good faith. The
immunity provided in this subsection does not apply to acts or omissions constituting gross, reckless,
wilful or wanton misconduct.
(c) No claim for damages shall be made against a local or regional board of education that implements
the safe school climate plan, described in section 10-222d, and reports, investigates and responds to
bullying, as defined in said section 10-222d, if such local or regional board of education was acting in
good faith in the discharge of its duties. The immunity provided in this subsection does not apply to acts
or omissions constituting gross, reckless, wilful or wanton misconduct.

Other/Uncategorized
Page 42

School Discipline
resources provided by Connecticut provide additional context to state policy and regulations and, in some
Title
Description
This guidance document is designed

to help schools make determinations
about whether suspensions should
be in-school or out-of-school.
http://www.sde.ct.gov/sde/lib/sde/pdf
/pressroom/In_School_Suspension_
Guidance.pdf
This website provides links to

Connecticut General Statutes and
other resources related to students
rights and school law.
http://www.jud.ct.gov/lawlib/law/scho
ol.htm
Website
No relevant resources
found
Documents
Connecticut Department
of Education, Guidelines
for In-school and Out-ofSchool suspension,
Revised 2010
Other Resources
Connecticut Judicial
Branch Law Libraries,
Connecticut Law, About
School Law
Page 43
Delaware
Discipline Laws and
Regulations
Introduction
document.
Notes & Disclaimers

Prepared by:
Child Trends
Suite 1200W
Suite 110
Table of Contents
Delaware State Codes Cited....................................................................................................................... 1
Delaware Revised Statutes ....................................................................................................................... 1
Delaware Administrative Code .................................................................................................................. 3
Scope ........................................................................................................................................................ 8
Communication of policy ......................................................................................................................... 10
In-School Discipline .................................................................................................................................. 13
Use of multi-tiered discipline approaches ............................................................................................... 13
Teacher authority to remove students from classrooms ......................................................................... 13
Alternatives to suspension ...................................................................................................................... 14
Other weapons ........................................................................................................................................ 32
Substance use......................................................................................................................................... 42
Prevention ............................................................................................................................................... 58

Delaware State Codes Cited

Delaware Revised Statutes
TITLE 11. Crimes and Criminal Procedure. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter VII. Offenses Against Public Health, Order and Decency
1457.
Possession of a weapon in a safe school and recreation zone; class D, E, or F: class A or

B misdemeanor
Title 14. Education. Free Public Schools

Chapter 1. Department of Education
Subchapter II. Powers and Duties
122.
Chapter 7. Lawful Authority of Teachers Over Pupils

701.
702.
Authority of teachers and administrators to control the disruptive behavior of students.

Corporal punishment
Chapter 10. Reorganization of School Districts

Subchapter III. School Boards of Reorganized School Districts
1049.
Policy making
Chapter 16. Comprehensive School Discipline Improvement Program

1601.
1602.
1603.
1604.
1604A.
1605.
1605A.
Purpose
Appropriation
Treatment of severe discipline problems component
Site selection for alternative educational facilities
School and district level component
Prevention component

Subchapter I. School Attendance Requirements
2702.
2705.
Compulsory attendance requirements; evaluation of readiness

Exemption of children from compulsory attendance requirements
Subchapter II. Truancy

2721.
2722.
2723.
2724.
2725.
Definitions
Absences and truancy
Responsibility of police officers
Notification to parents and students
Absences without excuse; truancy conferences
Delaware Compilation of School Discipline Laws and Regulations
Page 1
2726.
2727.
2728.
2729.
2730.
2731.
2732.
2733.
Procedure for truancy conferences

Notice of violation and compliance
Procedure for court adjudication
Failure to send; affirmative defense; penalties
Failure to attend; penalties
Enforcement of court order
Appeals
Jurisdiction; venue
Chapter 38. Controlled Substances

3801.
3802.
3803.
3804.
3805.
3806.
3807.
Declaration of purpose
Definitions
Division of substance abuse and mental health
State drug-free school advisory committee
Local drug-free school advisory committees
Utilization of funds
State board of education; Department of public safety
Chapter 41. General Regulatory Provisions

4111.
4112.
4112D.
4112E.
4112F.
4116.
4117.
4119.
4120.
4121.
4122.
4123A.
4130.
4131.
Disclosure of pupils' school records

Reporting school crimes
School bullying prevention
School teen dating violence and sexual assault act
Limitations on use of seclusion and restraint
Drug/alcohol educational programs
Substance abuse
Metal detectors
School dress codes and uniforms
Video cameras on public school property
Parent's failure to attend school conference with superintendent; subpoena to compel
attendance
School bullying prevention and criminal youth gang detection training
Expulsion of students; re-enrollment; loss of driver's license
Notification of provisions pertaining to school crimes
Chapter 81. Education Privacy Act

8104.
Academic institution; wrongful dismissal or refusal to admit
Chapter 93. Anti-Hazing Law

9301.
9302.
9303.
9304.
Short title
Definitions
Hazing prohibited
Enforcement by institution
Page 2
Delaware Administrative Code

Title 14. Education
Section 600. School Climate and Discipline
601.
603.
605.
609.
611.
612.
615.
624.
Schools and law enforcement agencies

Compliance with the gun free schools act
Student rights and responsibilities
District and school based intervention services
Consortium discipline alternative programs for treatment of severe discipline problems
Possession, use or distribution of drugs and alcohol
School attendance
School district/charter school policy prohibiting cyberbullying
Section 800. Health and Safety

851.
877.
K to 12 comprehensive health education program

Tobacco policy
Section 1100. Transportation

1105.
School transportation
Page 3
General Provisions
STATUTES
1049. Policy making.
(a) The school board of each reorganized school district, subject to this title and in accordance with the
policies, rules and regulations of the State, shall, in addition to other duties:
(2) Determine the educational policies of the reorganized school district and prescribe rules and
regulations for the conduct and management of the schools;
1105. School Transportation.
8.0 Pupil Conduct on School Buses
8.1 Districts shall have a policy concerning the behavior of pupils on school buses that shall, at a
minimum, contain the following rules which if not followed may result in the suspension or denial of bus
riding privileges:
8.1.14 Observe classroom conduct when on the bus.
1603. Rules and regulations.
The Department of Education shall, from time to time, adopt and promulgate such rules and regulations
as will be necessary for the implementation of the program authorized by this chapter.
4112D. School bullying prevention.
(b) Prohibition of bullying.
(2) Each school district and charter school shall establish a policy which, at a minimum, includes the
following components:
a. A statement prohibiting bullying of any person on school property or at school functions or by use of
data or computer software that is accessed through a computer, computer system, computer network
or other electronic technology of a school district or charter school from kindergarten through grade
12. For purposes of this section, "school property" and "school functions" have the same definition as
in 4112 of this title.
(c) Dissemination of policy and accountability.
(1) Each school district and charter school shall adopt the policy consistent with subsection (b) of this
section and submit a copy to the Delaware Department of Education by January 1, 2008, or by January
1 of a newly approved charter school's first year of operation.
(2) The policy shall appear in the student and staff handbook and if no handbook is available, or it is not
practical to reprint new handbooks, a copy of the policy will be distributed annually to all students,
parents, faculty and staff. The telephone number of the Department of Justice School Ombudsman
shall be provided in writing to parents, students, faculty and staff; and shall be on the website of each
school and school district. The contact information shall also be prominently displayed in each school.
(3) The policy shall be submitted to the Delaware Department of Education by January 1 of each
subsequent year. Access to the policy via the district or charter school's website will meet the criteria as
being submitted. Revision or revisions to an existing district or charter school policy shall be submitted
to the Department within 30 days of a district's school board or charter school's board of directors
Page 4
approval of the revision or revisions. The Department shall review such policy or revision or revisions to
policy for compliance with state and federal law and regulations promulgated by the Department of
Education.
(4) The Delaware Department of Education shall prepare an annual report, which shall include a
summary of all reported and all substantiated incidences of bullying, and shall include a summary of the
information gathered pursuant to paragraph (b)(2)f. of this section and the results of audits conducted
pursuant to paragraph (d)(4) of this section. This report shall be posted on the Delaware Department of
Education's website.
(h) Rules and regulations. Notwithstanding any provision to the contrary, the Delaware Department of
Education may promulgate rules and regulations necessary to implement this section.
4112E. School teen dating violence and sexual assault act.
(b) Teen dating violence and sexual assault policies. Each school district and charter school serving any
grades 7 through 12 shall establish a policy for responding to teen dating violence and sexual assault,
which at a minimum, shall include the following components:
(1) Definitions of teen dating violence and sexual assault, the behaviors which constitute each and the
consequences for committing offenses;
(2) Guidelines on mandatory reporting and confidentiality as required by statute, district policy, and
charter school policy;
(3) A protocol for responding to incidents of teen dating violence and sexual assault which shall include,
but is not limited to:
a. Procedures regarding initial response;
b. Procedures for reporting incidents of teen dating violence and sexual assault when a report is
required;
c. Procedures for the documentation of incidents;
d. Procedures for working with victims;
e. Procedures for working with perpetrators.
(e) Dissemination of policy and accountability.
(1) Each school district and charter school shall adopt a policy consistent with subsection (b) of this
section. Following review by the Domestic Violence Coordinating Council, each school district and
charter school shall submit a copy to the Delaware Department of Education by January 5, 2015.
practical to reprint new handbooks, a copy of the policy shall be distributed annually to all students,
parents, faculty and staff.
summary of reported incidences of teen dating violence and sexual assault. The report shall be
submitted to the Domestic Violence Coordinating Council by August 1 each year.
(i) Rules and regulations. Notwithstanding any provisions to the contrary, the Delaware Department of
4120. School dress codes and uniforms.
(a) The school board of each public school district shall have authority to establish and enforce a dress
code program, which may include school uniforms, for students within the district to promote an orderly,
disciplined school environment and to encourage uniformity of student dress. Any school board exercising
Page 5
its authority under this section shall promulgate rules and regulations governing the establishment and
enforcement of its dress code program.
9304. Enforcement by institution.
(a) Anti-hazing policy. Each institution shall adopt a written anti-hazing policy and, pursuant to that policy,
shall adopt rules prohibiting students or other persons associated with any organization operating under
the sanction of or recognized as an organization by the institution from engaging in any activity which can
be described as hazing.
(b) Enforcement and penalties.
(1) Each institution shall provide a program for the enforcement of such rules and shall adopt
appropriate penalties for violations of such rules to be administered by the person or agency at the
institution responsible for the sanctioning or recognition of such organizations.
ADMINISTRATIVE CODE
603. Compliance with the gun free schools act.
1.0 Written Policy Required
Each school district and charter school requesting assistance under the Elementary and Secondary
Education Act (ESEA) shall have a written policy implementing the Gun Free Schools Act [(20 USC 4141)
(20 USC 7151)] and 11 Del.C. 1457(j) or its successor statute. At a minimum, the policy must contain
the following elements:
1.1 A student who is determined to have brought a firearm to school, or to have possessed a firearm at
school, shall be expelled for not less than one year.
1.2 Modification to the expulsion requirement may be made on a case by case basis by the chief school
officer. Any modification to the expulsion requirement must be made in writing to the Department.
1.3 The definition of "Firearm" shall be the same as the meaning given to the term in the federal GunFree Schools Act.
2.0 Submission of the Policy to the State Department of Education
Each school district and charter school requesting assistance under the ESEA shall submit the following
to the Delaware Department of Education by June 1 each year, in such form as the Department requires:
2.1 An assurance that its policies comply with this regulation and with 11 Del.C. 1457(j) or its
successor statute.
2.2 Descriptions of the expulsions imposed under 11 Del.C. 1457(j) or its successor statute and under
the policy implemented in accord with this regulation.
3.0 Individuals with Disabilities Act
Nothing in this regulation shall alter a district or charter school's duties pursuant to the Individuals with
Disabilities Education Act.
4.0 Reporting Requirements and Timelines
4.1 Each public school district and charter school shall have an electronic copy of its policy
implementing the Gun-Free Schools Act [(20 USC 4141) (20 USC 7151)] and 11 Del.C. 1457(j) or its
successor statute on file with the Department of Education.
4.2 Each public school district and charter school shall provide an electronic copy of any policy
successor statute within ninety (90) days of such revision(s) regardless of whether said revisions were
made as a result of changes to Federal, state or local law, regulations, guidance or policies.
Page 6
605. Student rights and responsibilities.

1.0 Required Policy
1.1 All local school districts and charter schools shall have their own policies on student rights and
responsibilities. These policies shall be based on the most current version or reauthorization of
Delaware Code, Delaware Administrative Code, federal legislation such as, but not limited to,
Individuals with Disabilities Education Act (IDEA), Civil Rights Act, Elementary and Secondary
Education Act (ESEA), Section 504 of the Rehabilitation Act, Americans with Disabilities Act (ADA), and
the Patsy T. Mink Equal Opportunity in Education Act (Title IX).
2.0 Distribution of Student Rights and Responsibilities Policy
2.1 Each local school district and charter school shall distribute and explain these policies to every
student at the beginning of each school year.
2.2 Each district and charter school shall distribute and explain these policies to each student enrolling
or re enrolling during the school year.
2.3 Each district and charter school shall post the policies on student rights and responsibilities on its
website and notify a parent, guardian or Relative Caregiver of each student in writing where this
policy(s) can be accessed. A hard copy shall be provided to a parent, guardian or Relative Caregiver
upon request.
3.1 Each local school district and charter school shall have an electronic copy of its current student
rights and responsibilities policy(s) on file with the Department of Education.
3.2 Each local school district and charter school shall provide an electronic copy of any student rights
and responsibilities policy(s) to the Department within ninety (90) days of such revision(s) regardless of
whether said revisions were made as a result of changes to Federal, state or local law, regulations,
guidance or policies.
612. Possession, use or distribution of drugs and alcohol.
3.0 Requirement of Each School District and Charter School to have a Policy.
Each school district and charter school shall have a policy on file and update it periodically
4.1 Each local school district and charter school shall have an electronic copy of its current possession,
use and distribution of drugs and alcohol policy on file with the Department of Education.
4.2 When a local school district or charter school revises its possession, use, and distribution of drugs
and alcohol policy, it shall provide an electronic copy of the revised policy to the Department within
thirty (30] days of the revision, even if the revision was made because of changes in Federal, state or
local law, regulations, guidance or policies.
615. School attendance.
1.0 Required Attendance Policy
1.1 Each school district shall have an attendance policy that is in accordance with the requirements of
the Delaware Code and which defines and describes the district's rules concerning attendance for
students K to 12.
3.1 Each public school district shall have an electronic copy of its current attendance policy on file with
the Department of Education.
Page 7
3.2 Each public school district shall provide an electronic copy of any attendance policy within ninety
(90) days of such revision(s) regardless of whether said revisions were made as a result of changes to
Federal, state or local law, regulations, guidance or policies.
Scope
STATUTES
riding privileges:
1457. Possession of a weapon in a safe school and recreation zone; class D, E, or F: class A or B
misdemeanor.
(c) For the purpose of this section, "Safe School and Recreation Zone" shall mean:
(1) Any building, structure, athletic field, sports stadium or real property owned, operated, leased or
rented by any public or private school including, but not limited to, any kindergarten, elementary,
secondary or vocational-technical school or any college or university, within 1,000 feet thereof; or
(2) Any motor vehicle owned, operated, leased or rented by any public or private school including, but
not limited to, any kindergarten, elementary, secondary, or vocational-technical school or any college or
university; or
(3) Any building or structure owned, operated, leased or rented by any county or municipality, or by the
State, or by any board, agency, commission, department, corporation or other entity thereof, or by any
private organization, which is utilized as a recreation center, athletic field or sports stadium.
4112. Reporting school crimes.
(b) Criminal violation; mandatory reports.
(1) Whenever a school employee has reliable information that would lead a reasonable person to
believe that:
a. A student, school volunteer, or a school employee, has been the victim of:
1. A violent felony,
2. An assault III, or
3. An unlawful sexual contact III,
which occurred on school property or at a school function;
Page 8
g. A requirement that, to the extent that funding is available, each school develop a plan for a system
of supervision in nonclassroom areas. The plan shall provide for the review and exchange of
information regarding nonclassroom areas.
(f) Other defenses.
(1) The physical location or time of access of a technology-related incident is not a valid defense in any
disciplinary action by the school district or charter school initiated under this section provided there is
sufficient school nexus.
(2) This section does not apply to any person who uses data or computer software that is accessed
through a computer, computer system, computer network or other electronic technology when acting
within the scope of that person's lawful employment or investigation of a violation of this section in
accordance with school district or charter school policy.
(5) Rules adopted pursuant hereto shall apply to acts conducted on or off campus whenever such acts
are deemed to constitute hazing.
ADMINISTRATIVE CODE
1.0 The Following Policy on the Possession, Use, or Distribution of Drugs and Alcohol Shall Apply to All
Public School Districts and Charter Schools
1.1 The possession, use and/or distribution of alcohol, a drug, a drug like substance, a look alike
substance and drug paraphernalia are wrong and harmful to students and are prohibited within the
school environment.
1.2 Student lockers are the property of the school and may be subjected to search at any time with or
without reasonable suspicion.
1.3 Student motor vehicle use to and in the school environment is a privilege which may be extended by
school districts or charter schools to students in exchange for their cooperation in the maintenance of a
safe school atmosphere. Reasonable suspicion of a student's use, possession or distribution of alcohol,
a drug, a drug like substance, a look alike substance or drug paraphernalia in the school environment,
may result in the student being asked to open an automobile in the school environment to permit school
authorities to look for such items. Failure to open any part of the motor vehicle on the request of school
authorities may result in the police being called to conduct a search, and will result in loss of the
privilege to bring the vehicle on campus.
2.0 The Following Definitions Shall Apply to This Policy and Will be Used in All District and Charter
School Policies
"School Environment" shall mean within or on school property, and at school sanctioned or supervised
activities, including, for example, on school grounds, on school buses, at functions held on school
Page 9
grounds, at extra curricular activities held on and off school grounds, on field trips and at functions held at
the school in the evening.
877. Tobacco policy.
1.0 Required Policy
In order to improve the health of students and school personnel, each school district and charter school in
Delaware shall have a policy which at a minimum:
1.1 Prohibits the use of or distribution of tobacco products in school buildings, on school grounds, in
school leased or owned vehicles, even when they are not used for student purposes, and at all school
affiliated functions.
2.0 The Tobacco Policy Shall Apply to
2.1 Any building, property or vehicle leased, owned or operated by a school district, charter school or
assigned contractor.
2.1.1 School bus operators under contract shall be considered staff for the purpose of this policy.
2.2 Any private building or other property including automobiles or other vehicles used for school
activities when students and staff are present.
2.3 Any non educational groups utilizing school buildings or other educational assets.
2.4 Any individual or a volunteer who supervises students off school grounds.
STATUTES
701. Authority of teachers and administrators to control the disruptive behavior of students.
(g) Each local board of education shall establish, adopt, publish and distribute to students in the district
and their parents or guardians policy or standards that:
(1) Specify the general circumstances under which a student may be removed from a classroom or
school-sponsored activity, consistent with a teacher's ultimate authority to determine disruptive
behavior and to remove a student from a classroom or school-sponsored activity; and
(2) Further define and/or provide examples of "disruptive behavior" set forth in subsection (a) of this
section.
2724. Notification to parents and students.
At the beginning of a school year each school district or public school shall notify each student and the
parent of each student of the school attendance requirements of this Code, including the procedures and
penalties applicable to truancy. The school district or school may determine the form of the notification.
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4131. Notification of provisions pertaining to school crimes.
At the commencement of each school year, the school board of each school district shall ensure that
each student enrolled in the district and the parent of each student shall receive notice of the following:
(1) The provisions of 621 of title 11 which prohibit making a false statement which causes evacuation
of a school or other place of assembly and the penalties for such an offense;
(2) The provisions of 4110 of this title, which prohibit disturbing schools or destroying school property
and the penalties for such offenses;
(3) The provisions of 4112 of this title, which require the reporting of school crimes.
ADMINISTRATIVE CODE
2.0 Distribution of Student Rights and Responsibilities Policy
2.1 Each local school district and charter school shall distribute and explain these policies to every
student at the beginning of each school year.
2.2 Each district and charter school shall distribute and explain these policies to each student enrolling
or re enrolling during the school year.
2.3 Each district and charter school shall post the policies on student rights and responsibilities on its
website and notify a parent, guardian or Relative Caregiver of each student in writing where this
policy(s) can be accessed. A hard copy shall be provided to a parent, guardian or Relative Caregiver
upon request.
Each school district and charter school shall have a policy on file and update it periodically. The policy
shall Include, as a minimum the following:
3.1 A system of notification of each student and of his/her parent, guardian or Relative Caregiver at the
beginning of the school year, of the state and district policies and regulations. In addition a system for
the notification of each student and his/her parent, guardian or Relative Caregiver whenever a student
enrolls or re enrolls during the school year of the state and district policies and regulations.
2.0 Distribution of Attendance Policy
2.1 Each district shall distribute and explain these policies to every student at the beginning of each
school year.
2.2 Each district shall distribute and explain these policies to each student enrolling or re enrolling
during the school year.
Page 11
2.3 Each district shall post the attendance policy on its website and notify a parent, guardian or Relative
Caregiver of each student in writing where this policy can be accessed. A hard copy shall be provided
to a parent, guardian or Relative Caregiver upon request.
624. School district/charter school policy prohibiting cyberbullying.
1.0 Cyberbullying Forbidden
In addition to the policy prohibiting bullying put in place by school districts and charter schools pursuant to
14 Del.C. 4112D(b)(2), each school district and charter school shall also prohibit cyberbullying (as
defined herein) by students directed at other students. Incidents of cyberbullying shall be treated by each
school district and charter school in the same manner as incidents of bullying, and notice of each school
district's and charter school's policy against cyberbullying shall be provided to students, staff, and faculty
in the same manner as notice of the school district's and charter school's policy against bullying.
2.0 Definition of Cyberbullying
2.4 Upon implementation of this policy, and again at the beginning of each academic year, each school
district and charter school shall inform students in writing of mediums where posting of speech will be
presumed to be available to a broad audience within the school community, regardless of privacy
settings or other limitations on those postings. From implementation of this policy through the end of the
2013-2014 school year, postings on Facebook, Twitter, MySpace, YouTube, and Pinterest shall be
included in each district's and charter schools list of mediums where posting of speech will be
settings or other limitations on those postings.
1.0 Required Policy
1.2 Includes procedures for communicating the policy to students, school staff, parents, guardians or
Relative Caregivers, families, visitors and the community at large.
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STATUTES
h. An identification of an appropriate range of consequences for bullying.

STATUTES
(a) "Disruptive behavior" includes conduct that is so unruly, disruptive or abusive that it seriously
interferes with a school teacher's or school administrator's ability to communicate with the students in a
classroom, with a student's ability to learn, or with the operation of a school or a school-sponsored
activity.
(b) While a student is entrusted in their care or supervision, public school teachers and administrators
have the same authority to control the behavior of the student and to discipline or punish the student as a
parent, custodian, guardian or other person similarly responsible for the care and supervision of the
student except as provided in 702 of this title. The authority includes removing a student from a
classroom or school-sponsored activity.
(c) When a teacher removes a student from a classroom or school-sponsored activity in an effort to
control the student's disruptive behavior, an on-site school administrator may, upon a written showing of
good cause, override the teacher's decision to remove the student from the classroom or schoolsponsored activity. Before overriding a teacher's decision, the administrator shall strongly presume that
the teacher's decision to remove the student was reasonable and necessary under the circumstances.
(d) When a student is removed from a classroom or school-sponsored activity or is disciplined or
punished pursuant to this section, the principal or the principal's designee shall afford the student
appropriate due process as required by the federal and State constitutions.
(e) When a student is removed from a classroom or school-sponsored activity, the principal or the
principal's designee and the removing teacher shall determine if and when a student may be readmitted
to the classroom or school-sponsored activity. If the teacher and principal or principal's designee cannot
agree, the superintendent or the superintendent's designee shall make the determination.
(f) When a teacher or school administrator removes a student from a classroom or school-sponsored
activity or disciplines or punishes a student, a rebuttable presumption exists that the teacher or
administrator acted reasonably, in good faith, and in accordance with State or local board of education
policy. The burden of overcoming the presumption shall be upon the student.
Page 13
section.
(h) A district shall not establish or adopt a policy or standards that prohibit the removal of a student from a
(i) No teacher who purports to have acted pursuant to the teacher's rights established by this chapter
shall be found liable for civil damages arising from that action unless that teacher's conduct shocks the
conscience.

STATUTES
702. Corporal punishment.
(a) "Corporal punishment" means the intentional infliction of physical pain which is used as a means of
discipline. "Corporal punishment" includes, but is not limited to, paddling and slapping, when used as a
means of discipline.
(b) No public school teacher, administrator, official employee or agent of the School Board may subject a
student enrolled in the school district to corporal punishment.
(c) Subsection (b) of this section does not prohibit a public school teacher, administrator, official
employee or agent of a school board from:
(1) Using reasonable and necessary force to quell a disturbance or prevent an act that threatens
physical injury to any person;
(2) Using reasonable and necessary force to obtain possession of a weapon, or other dangerous object
within a pupil's control;
(3) Using reasonable and necessary force for the purpose of self-defense or the defense of others
under 464 and 465 of Title 11;
(4) Using reasonable and necessary force for the protection of property under 466 of Title 11;
(5) Using reasonable and necessary force to prevent a pupil from inflicting harm on that pupil's own self;
(6) Using reasonable and necessary force to protect the safety of others; or
(7) Using incidental, minor or reasonable physical contact designed to maintain order and control.
(d) In determining whether or not a person was acting within the exceptions in subsection (c) of this
section, deference shall be given to reasonable, good faith judgments made by the teacher, administrator,
official employee or agent.
(e) Nothing in this section shall prohibit, permit or otherwise affect any action taken by the teacher,
administrator, official employee or agent of the School Board with regard to a person who is not a pupil
enrolled in the school district.
Page 14

STATUTES
4119. Metal detectors.
The school board of each school district shall have authority to employ the use of metal detectors, or any
other similar security devices, to prevent pupils from bringing dangerous instruments, deadly weapons or
any other contraband into the schools. Any school board exercising its authority under this section shall
promulgate rules and regulations governing the implementation and use of such security devices.
4121. Video cameras on public school property.
The school board of each school district shall have authority to establish and implement programs to use
video cameras for surveillance on public school property, including, but not limited to, classrooms, halls,
auditoriums, cafeterias, gymnasiums and parking areas, for the purpose of monitoring student behavior to
help ensure the safety of students and teachers. However, no video camera shall be used for classroom
surveillance, pursuant to this section, unless the principal of the school and the teacher of the classroom
consent to the surveillance.
Before exercising its authority under this section, a school board shall promulgate rules and regulations
governing the implementation and use of video cameras in classrooms. However, in no event shall video
cameras be used at any time or at any location which would violate a student's reasonable expectation of
privacy including, but not limited to, locker rooms, areas where students may disrobe and lavatories.
ADMINISTRATIVE CODE
1.4 All alcohol, drugs, drug like substances, look alike substances and drug paraphernalia found in a
student's possession shall be turned over to the principal or designee, and be made available, in the
case of a medical emergency, for identification. All substances shall be sealed and documented, and, in
the case of substances covered by 16 Del.C. Ch. 47, turned over to police as potential evidence.
School Policies
"Possess" "Possessing" or "Possession" shall mean that a student has on the student's person, in the
student's belongings, or under the student's reasonable control by placement of and knowledge of the
whereabouts of, alcohol, a drug, a look alike substance, a drug like substance or drug paraphernalia.
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3.5 A written policy on search and seizure.

STATUTES
(2) Such penalties may include the imposition of fines, the withholding of diplomas or transcripts
pending compliance with the rules or pending payment of fines and the imposition of probation,
suspension or dismissal.
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ADMINISTRATIVE CODE
3.7 A discipline policy which contains, at a minimum, the following penalties for infractions of state,
district, and charter school drug policies.
3.7.1 Use/Impairment: For a first offense, if a student is found to be only impaired and not in violation
of any other policies, he/she shall be suspended for up to 10 days, or placed in an alternative setting
for up to 10 days, depending upon the degree of impairment, the nature of the substance used, and
other aggravating or mitigating factors. For a second or subsequent offense, a student may be
expelled or placed in an alternative setting for the rest of the school year.
3.7.2 Possession of alcohol, a drug, a drug like substance, and/or a look alike substance, in an
amount typical for personal use, and drug paraphernalia: For a first offense, the student shall be
suspended for 5 to 10 days. For a second or subsequent offense, a student may be expelled for the
rest of the school year or placed in an alternative setting for the rest of the school year.
3.7.3 Possession of a quantity of alcohol, a drug, a drug like substance, a look alike substance and
drug paraphernalia in an amount which exceeds an amount typical for personal use, or distribution of
the above named substances or paraphernalia: the student shall be suspended for 10 days, or placed
in an alternative setting for 10 days. Depending on the nature of the substance, the quantity of the
substance and/or other aggravating or mitigating factors, the student also may be expelled.

STATUTES
misdemeanor.
(j) The penalty for possession of a weapon in a Safe School and Recreation Zone shall be:
(5) In the event that an elementary or secondary school student possesses a firearm or other deadly
weapon in a Safe School and Recreation Zone in addition to any other penalties contained in this
section, the student shall be expelled by the local school board or charter school board of directors for a
period of not less than 180 days unless otherwise provided for in federal or state law. The local school
board or charter school board of directors may, on a case by case basis, modify the terms of the
expulsion.
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ADMINISTRATIVE CODE

STATUTES
8104. Academic institution; wrongful dismissal or refusal to admit.
An academic institution may not discipline, dismiss or otherwise penalize or threaten to discipline, dismiss
or otherwise penalize a student for refusing to disclose any information specified in 8103(a) or (b) of this
title. It shall also be unlawful for a public or nonpublic academic institution to fail or refuse to admit any
applicant as a result of the applicant's refusal to disclose any information specified in 8103(a) or (b) of
this title.
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ADMINISTRATIVE CODE
School Policies
"Expulsion" shall mean exclusion from school for a period determined by the local district or charter
school not to exceed the total number of student days. The process for readmission shall be determined
by the local district or charter school.

STATUTES
122. Rules and regulations.
(b) The Department shall prescribe rules and regulations:
(26) Establishing, for purposes of student discipline, uniform definitions for student conduct which may
result in alternative placement or expulsion, uniform due process procedures for alternative placement
meetings and expulsion hearings, and uniform procedures for processing Attorney General's reports.
Such regulations shall apply to all districts and charter schools. This paragraph shall not be interpreted
to restrict the ability of district and charter schools to determine which student conduct shall result in
expulsion or an alternative placement.
student except as provided in 702 of this title. The authority includes removing a student from a
Page 19
section.
conscience.
4122. Parent's failure to attend school conference with superintendent; subpoena to compel
attendance.
(a) "Parent" as used in this section means natural parent, adoptive parent, any person legally charged
with the care or custody of a student under 18 years of age, or any person who has assumed
responsibility for the care of a student under 18 years of age including any person acting as a caregiver
pursuant to the provisions of 202(f) of this title.
(b) When a parent fails to attend, participate or respond to a public school or charter school
superintendent's request for a conference to discuss matters involving alleged violations of school rules or
regulations by the parent's child, the public school or charter school superintendent or the
superintendent's designee may request that the Justice of the Peace Court issue a subpoena to compel
the presence of the parent at a conference with the superintendent.
(c) Prior to the issuance of a subpoena to compel the presence of a parent, the superintendent or a
designee must provide evidence that the superintendent or a designee has:
(1) Made a reasonable attempt to schedule the conference at a time that does not conflict with the
employment hours of the parent; and
(2) Sent written notice of the conference by regular United States mail to the address of record of the
parent, which notice shall include the reason for the conference and a statement that failure to schedule
or attend the conference may result in the issuance of a subpoena.
(d) After verifying that the superintendent or a designee has sent the required notice, the Justice of the
Peace Court may, in its discretion, issue a subpoena pursuant to Justice of the Peace Civil Rule 18 which
shall compel the presence of the parent at a conference with the superintendent.
(e) If a parent fails to obey a subpoena properly served under this section, the superintendent may file a
motion for an order holding the parent in contempt of court. The Justice of the Peace Court shall have
jurisdiction over this matter. A parent found guilty of contempt for failure to appear at a conference after
receiving a subpoena may be ordered by the Court to attend school with the student, attend family
counseling, and/or comply with such other conditions as the Court may order.
(f) Proceedings against a parent of a suspended or expelled child may also be filed pursuant to
subchapter II of Chapter 27 of this title for each day that the child is absent beyond the period of
suspension or expulsion without a valid excuse as a result of the parent's failure to attend or schedule a
conference after having received notification of the suspension or expulsion.
ADMINISTRATIVE CODE
Page 20
Disabilities Education Act.

STATUTES
4130. Expulsion of students; re-enrollment; loss of driver's license.
(a) In any case where a public school student is expelled from a school district or a charter school, the
expelled student shall not be permitted to reenroll in any other school district or charter school in this
State until after the full period of expulsion from the school district or charter school where the student
was expelled shall have expired.
(b) Prior to enrolling any student who attempts to transfer to a school district or charter school in this
State, the superintendent of that school district, or the superintendent's designee, the head of a charter
school or such head's designee shall first contact the last school district or charter school where the
student was last enrolled, if in this State, to determine if that student is under a current expulsion order in
that district or charter school. If it is determined that the student is under a current expulsion order, that
student shall not be permitted to enroll until the expulsion order has expired as set forth in subsection (a)
of this section.
(c) Any student who has been expelled from a public school in this State or in any other state shall, prior
to enrollment in any public school in this State, completely fulfill the terms of that expulsion.
ADMINISTRATIVE CODE
Page 21
3.10 A policy which sets out the conditions for return after expulsion for alcohol or drug infractions.

STATUTES
(a) "Disruptive behavior" includes conduct that is so unruly, disruptive or abusive that it seriously
interferes with a school teacher's or school administrator's ability to communicate with the students in a
classroom, with a student's ability to learn, or with the operation of a school or a school-sponsored
activity.
student except as provided in 702 and 4112F of this title. The authority includes removing a student
from a classroom or school-sponsored activity.
section.
conscience.
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4112F. Limitations on use of seclusion and restraint.

(a) Definitions. The following words, terms, and phrases when used in this section, shall have the
meaning ascribed to them except where the context clearly indicates a different meaning:
(1) "Chemical restraint" means a drug or medication used on a student to control behavior or restrict
freedom of movement that is either not medically prescribed for the standard treatment of a student's
medical or psychiatric condition or not administered as prescribed.
(2) "Mechanical restraint" means the application of any device or object that restricts a student's
freedom of movement or normal access to a portion of the body that the student cannot easily remove.
"Mechanical restraint" does not include devices or objects used by trained school personnel, or used by
a student, for the specific and approved therapeutic or safety purposes for which they were designed
and, if applicable, prescribed, including the following:
a. Restraints for medical immobilization;
b. Adaptive devices or mechanical supports used to allow greater freedom of movement stability than
would be possible without use of such devices or mechanical supports;
c. Vehicle safety restraints when used as intended during the transport of a student in a moving
vehicle;
d. Instruction and use of restraints as part of a criminal justice or other course; or
e. Notwithstanding their design for other purposes, adaptive use of benign devices or objects,
including mittens and caps, to deter self-injury.
(3) "Physical restraint" means a restriction imposed by a person that immobilizes or reduces the ability
of a student to freely move arms, legs, body, or head. "Physical restraint" does not include physical
contact that:
a. Helps a student respond or complete a task;
b. Is needed to administer an authorized health-related service or procedure; or
c. Is needed to physically escort a student when the student does not resist or the student's
resistance is minimal.
(4) "Public school personnel" means an employee or contractor of a public school district or charter
school. "Public school personnel" does not include the following:
a. A law-enforcement officer as defined in 9200(b) of Title 11; or
b. An employee or contractor providing educational services within a Department of Correction or
Division of Youth Rehabilitative Services facility.
(5) "Seclusion" means the involuntary confinement of a student alone in a room, enclosure, or space
that is either locked or, while unlocked, physically disallows egress. The use of a "timeout" procedure
during which a staff member remains accessible to the student shall not be considered "seclusion".
(6) "Timeout" means a behavior management technique in which, to provide a student with the
opportunity to reflect or regain self-control, a student is separated from others for a limited period in a
setting that is not locked and the exit is not physically blocked by furniture, closed door held shut from
outside, or other inanimate object.
(b) Prohibition and restriction on use.
(1) Public school personnel are prohibited from imposing on any student the following:
a. Chemical restraint; and
b. Subject to waiver authorized pursuant to paragraph (c)(4) of this section, mechanical restraint and
seclusion.
Page 23
(2) Public school personnel may impose physical restraint only in conformity with all of the following
standards:
a. The student's behavior presents a significant and imminent risk of bodily harm to self or others;
b. The physical restraint does not interfere with the student's ability to communicate in the student's
primary language or mode of communication;
c. The physical restraint does not interfere with the student's ability to breathe or place weight or
pressure on the student's head, throat, or neck;
d. The physical restraint does not recklessly exacerbate a medical or physical condition of the
student;
e. Less restrictive interventions have been ineffective in stopping the imminent risk of bodily harm to
the student or others, except in case of a rare and clearly unavoidable emergency circumstance
posing imminent risk of bodily harm, including, without limitation, intervening in a student initiated
physical assault or altercation;
f. For a student with a disability as defined in Chapter 31 of this title or 34 C.F.R. Part 104, the
physical restraint does not contravene provisions in an individualized education program (IEP),
behavior intervention plan, accommodation plan, or any other planning document for the individual
student;
g. Personnel use only the amount of force necessary to protect the student or others from the
threatened harm;
h. The physical restraint ends when a medical condition occurs putting the student at risk of harm or
the student's behavior no longer presents an imminent risk of bodily harm to the student or others;
i. The physical restraint is within the scope of force authorized by 468 of Title 11; and
j. The physical restraint conforms to applicable regulations promulgated by the Department of
Education.
(c) Department of Education role; regulations. -(1) The Department of Education shall promulgate regulations implementing this section. Such
regulations shall include, but not be limited to, the following:
a. Requirement of uniform public school data collection on each use of physical restraint, by school,
which includes demographic information on affected students such as age, gender, race, ethnicity,
and disability category, if any;
b. Requirement of timely parental notice in event of use of physical restraint;
c. Special procedures and safeguards applicable to use of physical restraint for students with
disabilities as defined in Chapter 31 of this title or 34 C.F.R. Part 104; and
d. Recommended or required training of public school personnel in implementing this section.
(2) To facilitate data collection and analysis, the Department of Education may adopt a uniform
reporting document and may require reporting of data in a standardized electronic or nonelectronic
format.
(3) The Department of Education shall issue an annual report on use of physical restraint which
includes rates of usage by school and by subcategories identified in paragraph (c)(1)a. of this section,
identifies trends, and analyzes significant results.
(4) Unless proscribed by federal law, the Secretary of Education may issue a waiver of the prohibition
on mechanical restraint and seclusion for an individual student based on compelling justification and
subject to specific conditions and safeguards which must include a requirement of continuous visual
staff monitoring and parental notice of each use of mechanical restraint or seclusion.
Page 24
(d) Effect on other laws. The limitations and prohibitions described in this section are in addition to, and
not in derogation of, any other constitutional, statutory, or regulatory rights otherwise conferred by federal
or state law or regulation.
STATUTES
1604. Treatment of severe discipline problems component.
The Department of Education shall establish a program component which will provide alternative
educational and related services for the more severe discipline problems in the public schools. This
component will serve primarily secondary school students, including but not limited to: youngsters who
have been expelled from regular schools, students who may be subject to expulsion, and others who
have serious violations of the local school district discipline code. The Department of Education shall
provide rules and regulations for the conduct of programs authorized under this section subject to the
following limitations:
(1) School districts shall make application to the Department of Education for funding to implement
programs authorized under this section. Preference shall be given to applications from consortia of
school districts. To the extent feasible, programs offered under this component should serve eligible
pupils within a county, however, multiple sites may be operated by a single consortia of school districts
within a county.
(2) Any application submitted under this section shall specify the types and level of services to be
provided and an estimate of the number of youngsters to be served. The application shall also include a
budget of proposed expenditures during a fiscal year. That budget shall indicate, at a minimum, the
funds being requested from appropriations authorized under this section and funds to be obtained from
all other sources.
(3) All applications submitted to the Department of Education under this section shall indicate an
agreement to fund at least 30 percent of the total cost of services provided from sources of funding
other than those authorized under this section.
(4) All projects funded under this section shall submit an annual evaluation report on the effectiveness
of the program to the Department of Education. Such report shall incorporate the data and information
specified by the Department.
(5) School districts shall be permitted to use funds collected in accordance with the provisions of
Chapter 6 of this title to make tuition payments for youngsters assigned to programs authorized under
this section.
(6) Nothing in this section shall prohibit a consortia of school districts from contracting for educational or
related services with public or private agencies when operating programs authorized under this section.
(7) The provisions of 4130 of this title shall not apply to youngsters enrolled in programs authorized
under this section.
(8) A student 16 years of age or less who is expelled or suspended pending expulsion by a local school
district or charter school shall be presumed appropriate for placement in a Consortium Discipline
Alternative Program site, provided the student is not otherwise ineligible by statute or regulation for
placement in such a program. The burden of establishing that a student is not appropriate for
placement in a Consortium Discipline Alternative Program shall be on the local school district or charter
school. Any student not shown by preponderance of evidence to be inappropriate for placement in a
Consortium Discipline Alternative Program shall be placed in such a program.
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ADMINISTRATIVE CODE
611. Consortium discipline alternative programs for treatment of severe discipline problems.
1.0 Eligible Students
1.1 Except as otherwise provided in this regulation, any student who is expelled by a local school
district, who is subject to expulsion or who otherwise seriously violates the district discipline code shall
be eligible for placement at a Consortium Discipline Alternative Program site.
1.2 Subject to Section 11.0, local school districts shall place a student at a Consortium Discipline
Alternative Program site if the district board:
1.2.1 Has expelled the student for a violation of the districts discipline code or, determined that the
student has been suspended for engaging in conduct that could result in expulsion and has not
required the student to participate in other options such as behavioural contracts or counseling or,
determined that the student has exhibited such severe discipline problems that expulsion is imminent;
and
1.2.2 Determined the student is not ineligible for placement at a Consortium Discipline Alternative
Placement pursuant to the conditions in 2.0.
1.3 School districts may place a student in a Consortium Discipline Alternative Program for classroom
or school environment disruptions only if:
1.3.1 Such disruptions are chronic and repetitive; and
1.3.2 The student has participated in all available School Based Intervention Programs pursuant to 14
DE Admin. Code 609 and continues to routinely and seriously disrupt the classroom and impede the
learning of other students.
2.0 Ineligible Students
2.1 Any student expelled or suspended pending expulsion for behavior equivalent to a violation of the
following is not eligible for, and may not be placed at a Consortium Discipline Alternative Program site.
2.1.1 11 Del.C. 613 Assault in the First Degree; class C felony; or
2.1.2 11 Del.C. 1457 Possession of a Weapon in a Safe School and Recreation Zone;class D, E, or
F: class A or B misdemeanor; or
2.1.3 11 Del.C. 802 Arson in the Second Degree affirmative defense; class D felony; or
2.1.4 11 Del.C. 803 Arson in the first degree; class C felony; or
2.1.5 11 Del.C. 770 Rape in the fourth degree; class C felony; or
2.1.6 11 Del.C. 771 Rape in the third degree; class B felony; or
2.1.7 11 Del.C. 772 Rape in the second degree class B felony; or
2.1.8 11 Del.C. 773 Rape in the first degree class A felony; or
2.1.9 16 Del.C. 4753A Trafficking in marijuana, cocaine, illegal drugs, methamphetamine, LSD, or
designed drugs or
2.1.10 Any behavior equivalent to or greater than the offenses in 2.1 through 2.9.
2.2 Provided further, any student expelled or suspended pending expulsion may not be placed at a
Consortium Discipline Alternative Program if the school district determines, by a preponderance of the
evidence, the student is inappropriate for such placement. When determining whether a student is
inappropriate for placement in a Consortium Discipline Alternative Program, the school district shall
consider the availability of space in the program to serve the student, and the student's age.
3.0 Written Decision Required
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When a school board expels a student but determines the student shall not be placed at a Consortium
Discipline Alternative Program, the school districts decision shall be in writing and address with specificity
the reason for non placement and the evidence in support thereof. Such decisions shall be submitted to
the Delaware Department of Educations Office of School Climate and Discipline within five working days
of such decision with a copy to the students parent, guardian, or Relative Caregiver.
4.0 Informing the Parents, Guardians, Relative Caregiver or Students (If the Student is Age 18 or Older)
Districts shall inform the parents, guardians, Relative Caregiver or students (if the student is age 18 or
older) of the alternative education options that are then currently available to them if the students have
been expelled or expulsion is being considered. These options may include, but are not be limited to, the
Consortium Discipline Alternative Program, a GED Program, James H. Groves High School and
continued special education and related services for children with disabilities as determined by the
students individual eligibility for participation in such programs. A students eligibility for such alternative
education options is determined by the requirements of such programs.
5.0 Grade Level to be Served
Eligible students in the Consortium Discipline Alternative Program shall be primarily those who are
enrolled in grades 6 through 12, however students in the lower grades may also be served through
Alternative Program funds.
6.0 Placement at Consortium Discipline Alternative Program Sites
6.1 Each district shall establish an Alternative Placement Team to review each case and prescribe the
appropriate placement for students. The Placement Team, in concert with the Consortium Discipline
Alternative Program staff, shall design an Individual Service Plan (ISP) for each student that will include
educational goals, behavioral goals, and services needed by both students and their families. The ISP
shall include a tentative transition plan.
6.1.1 The Alternative Placement Team shall be composed of a representative of the Consortium
Discipline Alternative Program staff; a district level coordinator who will be designated by the
superintendent; the building level principal, assistant principal or other person as appropriate; the
students custodial adult; guidance counselor or school social worker; and a representative from the
Department of Services for Children Youth and Their Families (DSCYF) with knowledge of the
students and familys needs as appropriate. Other individuals may be invited as determined by the
placement team.
6.1.1.1 Students who are being placed at a Consortium Discipline Alternative Program site as a
transition from DSCYF facilities shall have an ISP developed in concert with the DSCYF facility team,
the Alternative Placement Team, and the students custodial adult.
6.1.2 If students from either a school district or DSCYF facility are children with disabilities,
appropriate special education staff shall be included in placement considerations. The Alternative
Placement Team and the Individual Education Program (IEP) Team may be the same so long as the
membership of the IEP Team meets the requirements of 14 DE Admin. Code 925.
7.0 September 30 Enrollment Count
7.1 Students enrolled at a Consortium Discipline Alternative Programs site shall be counted in the
enrollment of the sending school.
7.2 Students shall be reported for the level of special education service as defined by the current IEP.
7.3 If a student was enrolled the previous year in a Career and Technical Program in the reporting
school, the students shall be reported as enrolled in the next Career and Technical course in the
program series.
8.0 Consortium Discipline Alternative Program Setting
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8.1 The Consortium Discipline Alternative Program setting shall be apart from the regular school setting,
however, a part of a school building may be used for these programs if the students do not interact with
the regular school population or use any school facility at the same time as the regular school
population.
8.1.1 Use of other agency facilities (Boys and Girls Club, YMCA, YWCA, etc.) is encouraged.
Consortium Discipline Alternative Program settings shall meet all applicable health and safety laws
and regulations for student occupancy.
9.0 Consortium Discipline Alternative Program Design
9.1 The Consortium Discipline Alternative Program shall include an educational program designed to
maintain and improve skills aligned to the Delaware State Content Standards that will allow students to
reenter the regular school program with a reasonable chance and expectation for success. Opportunities
for academic acceleration shall also be provided.
9.1.1 The academic program shall include applied learning activities that encourage students active
participation in the learning process as opposed to work sheets and other seat oriented drill
exercises. Study skills, test taking strategies for academic confidence building, and Character
Education shall be integrated with the Delaware State Content Standards.
9.1.1.1 Credit for work accomplished in the Consortium Discipline Alternative Program setting shall
be automatically transferred to the sending school.
9.1.2 All students enrolled in Consortium Discipline Alternative Programs shall participate in the
Delaware Student Testing Program (DSTP) or successor statewide student assessment program,
and Student Success Plans (SSP) as required by 14 DE Admin. Code 505.
10.0 Staffing
Instructional staff shall include educators who are licensed and certified in the content areas of English
language arts, mathematics, science and social studies.
11.0 Children With Disabilities
11.1 Nothing in this regulation shall alter a district's or charter school's duties under the Individual with
Disabilities Act (IDEA) or 14 DE Admin. Code 922 through 929. Nor shall this regulation prevent a
district or charter school from providing supportive instruction to children with disabilities in a manner
consistent with the Individuals with Disabilities Education Act (IDEA) and Department regulations.
11.2 Nothing in this regulation shall alter a district's or charter schools's duties under Section 504 of the
Rehabilitation Act of 1973 or the Americans with Disabilities Act to students who are qualified
individuals with disabilities. Nothing in this regulation shall prevent a district or charter school from
providing supportive instruction to such students.
12.0 Charter School Students
12.1 A charter school, subject to the limitations of 14 Del.C. 504A(8), shall pursue referral of any
student meeting the requirements of Section 1.2 into a Consortium Discipline Alternative Program
pursuant to the provisions of Chapter 16 of Title 14 of the Delaware Code.
12.2 To the extent applicable, a charter school placing a student in a Consortium Discipline Alternative
Program shall be subject to the provisions of this regulation.
13.0 Evaluation
The Department of Education shall annually evaluate the effectiveness of the Consortium Discipline
Alternative Programs using criteria that includes student demographic data, types of interventions
employed, and prior versus subsequent behavioral and academic patterns, parent involvement, agency
involvement and recidivism. In addition, the Department of Education shall annually review the decisions
acquired pursuant to Section 3.0 to assess the reasons for non-placement of students in the alternative
Page 28
programs, including lack of space and number, age, race and special education status of excluded
students by district and charter school. Grantees shall compile and submit data based on uniform
standards and format established by the Department.
Page 29

Conditions
STATUTES
misdemeanor.
(a) Any person who commits any of the offenses described in subsection (b) of this section, or any
juvenile who possesses a firearm or other deadly weapon, and does so while in or on a "Safe School and
Recreation Zone" shall be guilty of the crime of possession of a weapon in a Safe School and Recreation
Zone.
(b) The underlying offenses in Title 11 shall be:
(1) Section 1442. -- Carrying a concealed deadly weapon; class G felony; class D felony.
(2) Section 1444. -- Possessing a destructive weapon; class E felony.
(3) Section 1446. -- Unlawfully dealing with a switchblade knife; unclassified misdemeanor.
(4) Section 1448. -- Possession and purchase of deadly weapons by persons prohibited; class F felony.
(5) Section 1452. -- Unlawfully dealing with knuckles-combination knife; class B misdemeanor.
(6) Section 1453. -- Unlawfully dealing with martial arts throwing star; class B misdemeanor.
university; or
(d) Nothing in this section shall be construed to preclude or otherwise limit a prosecution of or conviction
for a violation of this chapter or any other provision of law. A person may be convicted both of the crime of
possession of a weapon in a Safe School and Recreation Zone and of the underlying offense as defined
elsewhere by the laws of the State.
(e) It shall not be a defense to a prosecution for a violation of this section that the person was unaware
that the prohibited conduct took place on or in a Safe School and Recreation Zone.
(f) It shall be an affirmative defense to a prosecution for a violation of this section that the weapon was
possessed pursuant to an authorized course of school instruction, or for the purpose of engaging in any
school-authorized sporting or recreational activity. The affirmative defense established in this section shall
be proved by a preponderance of the evidence. Nothing herein shall be construed to establish an
affirmative defense with respect to a prosecution for any offense defined in any other section of this
chapter.
Page 30
(g) It is an affirmative defense to prosecution for a violation of this section that the prohibited conduct took
place entirely within a private residence, and that no person under the age of 18 was present in such
private residence at any time during the commission of the offense. The affirmative defense established
in this section shall be proved by the defendant by a preponderance of the evidence. Nothing herein shall
be construed to establish an affirmative defense with respect to a prosecution for an offense defined in
any other section of this chapter.
(h) This section shall not apply to any law enforcement or police officer, or to any security officer as
defined in Chapter 13 of Title 24.
(i) For purposes of this section only, "deadly weapon" shall include any object described in 222(5) or
(12) of this title or BB guns.
(1) If the underlying offense is a class B misdemeanor, the crime shall be a class A misdemeanor;
(2) If the underlying offense is an unclassified misdemeanor, the crime shall be a class B misdemeanor;
(3) If the underlying offense is a class E, F, or G felony, the crime shall be one grade higher than the
underlying offense.
(4) If the underlying offense is a class D felony, the crime shall also be a class D felony.
expulsion.
(c) Student possession of weapons and unlawful drugs. Whenever a school employee has reliable
information that would lead a reasonable person to believe that a person on school property or at a
school function has on his or her person, concealed in that person's possessions, or placed elsewhere on
school property:
(2) Any deadly weapon, destructive weapon, dangerous instrument or incendiary or explosive device as
prohibited by Title 11,
The school employee shall immediately report the incident to the principal, who shall conduct a thorough
investigation. If the investigation verifies that good reason exists to believe that a crime has been
committed, the principal shall immediately notify the appropriate police agency of the incident. If the police
agency determines that probable cause exists to believe that a crime has been committed, then the
principal shall file a written report of the incident with the Department of Education within 5 working days.
ADMINISTRATIVE CODE
Page 31
1.3 The definition of "Firearm" shall be the same as the meaning given to the term in the federal GunFree Schools Act.
2.0 Submission of the Policy to the State Department of Education
Each school district and charter school requesting assistance under the ESEA shall submit the following
to the Delaware Department of Education by June 1 each year, in such form as the Department requires:
2.1 An assurance that its policies comply with this regulation and with 11 Del.C. 1457(j) or its successor
statute.
2.2 Descriptions of the expulsions imposed under 11 Del.C. 1457(j) or its successor statute and under
the policy implemented in accord with this regulation.
Disabilities Education Act. 1 DE Reg. 1976 (6/1/98) 7 DE Reg. 333 (9/1/03)
Other weapons
STATUTES
school property:
the school employee shall immediately report the incident to the principal, who shall conduct a thorough
misdemeanor.
(a) Any person who commits any of the offenses described in subsection (b) of this section, or any
juvenile who possesses a firearm or other deadly weapon, and does so while in or on a "Safe School and
Recreation Zone" shall be guilty of the crime of possession of a weapon in a Safe School and Recreation
Zone.
Page 32
(b) The underlying offenses in Title 11 shall be:

(1) Section 1442. -- Carrying a concealed deadly weapon; class G felony; class D felony.
(2) Section 1444. -- Possessing a destructive weapon; class E felony.
(3) Section 1446. -- Unlawfully dealing with a switchblade knife; unclassified misdemeanor.
(4) Section 1448. -- Possession and purchase of deadly weapons by persons prohibited; class F felony.
(5) Section 1452. -- Unlawfully dealing with knuckles-combination knife; class B misdemeanor.
(6) Section 1453. -- Unlawfully dealing with martial arts throwing star; class B misdemeanor.
university; or
(d) Nothing in this section shall be construed to preclude or otherwise limit a prosecution of or conviction
for a violation of this chapter or any other provision of law. A person may be convicted both of the crime of
possession of a weapon in a Safe School and Recreation Zone and of the underlying offense as defined
elsewhere by the laws of the State.
(e) It shall not be a defense to a prosecution for a violation of this section that the person was unaware
that the prohibited conduct took place on or in a Safe School and Recreation Zone.
(f) It shall be an affirmative defense to a prosecution for a violation of this section that the weapon was
possessed pursuant to an authorized course of school instruction, or for the purpose of engaging in any
school-authorized sporting or recreational activity. The affirmative defense established in this section shall
be proved by a preponderance of the evidence. Nothing herein shall be construed to establish an
affirmative defense with respect to a prosecution for any offense defined in any other section of this
chapter.
(g) It is an affirmative defense to prosecution for a violation of this section that the prohibited conduct took
place entirely within a private residence, and that no person under the age of 18 was present in such
private residence at any time during the commission of the offense. The affirmative defense established
in this section shall be proved by the defendant by a preponderance of the evidence. Nothing herein shall
be construed to establish an affirmative defense with respect to a prosecution for an offense defined in
any other section of this chapter.
(h) This section shall not apply to any law enforcement or police officer, or to any security officer as
defined in Chapter 13 of Title 24.
(i) For purposes of this section only, "deadly weapon" shall include any object described in 222(5) or
(12) of this title or BB guns.
(1) If the underlying offense is a class B misdemeanor, the crime shall be a class A misdemeanor;
(2) If the underlying offense is an unclassified misdemeanor, the crime shall be a class B misdemeanor;
(3) If the underlying offense is a class E, F, or G felony, the crime shall be one grade higher than the
underlying offense.
Page 33
(4) If the underlying offense is a class D felony, the crime shall also be a class D felony.
expulsion.

STATUTES
within a county.
all other sources.
this section.
under this section.
Page 34
ADMINISTRATIVE CODE
1.0 Eligible Students
1.3 School districts may place a student in a Consortium Discipline Alternative Program for classroom
or school environment disruptions only if:
1.3.1 Such disruptions are chronic and repetitive;

STATUTES
2702. Compulsory attendance requirements; evaluation of readiness.
(a) Except as otherwise provided, the following provisions are applicable to school attendance in this
State:
(1) Every person in this State who has legal custody, guardianship of the person, or legal control of a
child between 5 and 16 years of age, including any person acting as a caregiver pursuant to the
provisions of 202(f) of this title, shall enroll the child in a public school in the school district of the
person's residence.
(2) Every person who has legal custody, guardianship of the person, or legal control of a student,
including any person acting as a caregiver pursuant to the provisions of 202(f) of this title, who is
enrolled in a public school of this State shall send the student to the school each day of the minimum
school term and to any academic improvement activities required by 153 of this title.
(3) Every student who is enrolled in a public school of this State shall attend the school each day of the
minimum school term and any academic improvement activities required by 153 of this title. A student
who has been absent from school without a valid excuse for more than 3 school days in a school year is a
truant. A truant and the parent of a truant are subject to the administrative procedures and court
proceedings set out in subchapter II of this Chapter.
(b) For the purposes of this section, a child shall be considered 5 years of age if that child celebrates the
child's fifth birthday according to the following schedule:
1993-94 school year Fifth birthday on or before November 30, 1993.
1994-95 school year Fifth birthday on or before October 31, 1994.
1995-96 school year Fifth birthday on or before September 30, 1995.
1996-97 school year Fifth birthday on or before August 31, 1996.
Subsequent school years Fifth birthday on or before August 31 of the respective year.
Local school authorities may grant exceptions to the above schedule for entry into school if they
determine that such exception is in the best interest of the child.
(c) The following provisions shall be applicable to the administration of subsection (a) of this section in
regard to compulsory attendance in the kindergarten for a child age 5 years:
(1) If a child is a resident of the State at the time of that child's eligibility for admission to the
kindergarten at age 5, the parents, guardian or legal custodian of that child may request that school
authorities evaluate the child's readiness for attendance and may request a delay of 1 year in that
Page 35
attendance. However, admission to first grade will be authorized only after school authorities evaluate
the child's readiness for attendance.
(2) If a child was not a resident of the State at the time of that child's eligibility for admission to the
kindergarten at age 5, the parents, guardian or legal custodian of that child may request that school
authorities evaluate the child's readiness for attendance and on the basis of that evaluation authorize
admission to grade 1.
(3) The parent, guardian, legal custodian or relative care giver, as defined in 202(f)(2) of this title, of a
child who is eligible for admission to kindergarten at age 5 may opt for the child to attend kindergarten
for a half-day per day, totaling 440 hours in a school year.
(d) The following provisions shall be applicable in regard to statewide minimum mandatory attendance
requirements in each school year for children in grades K through 5.
(1) Following the 10th day of unexcused absence by a student, the school shall immediately notify the
parent or parents or guardian and a visiting teacher for the district shall visit the student's home;
(2) Following the 15th day of unexcused absence by a student, the student's parent or parents or
guardian shall be notified by certified mail to appear at the school within 10 days of notification for a
conference and counseling;
(3) Following the 30th day of unexcused absence by a student, the school shall refer the case for
prosecution;
(4) Following the completion of prosecution of the case and the subsequent failure of the student to
return to school within 5 school days thereof, the school shall immediately notify the Department of
Services for Children, Youth and Their Families requesting intervention services by the Department.
The Department shall contact the family within 10 business days.
(e) Following the tenth unexcused day of attendance by a student in grades 6 through 12 inclusive, the
building principal shall notify a visiting teacher of such unexcused days.
(f) If contacted by the school pursuant to paragraph (d)(2) of this section, each parent or guardian of a
student shall sign a contract with the district agreeing they will make every reasonable effort to:
(1) Have their child or children abide by the school code of conduct;
(2) Make certain their child attends school regularly; and
(3) Provide written documentation for the reasons for any absence.
(g) Any day of summer school, any session of after school or Saturday extra instruction, or any session of
mentoring which a child is required to attend as an academic improvement activity in conformity with
153 of this title shall be considered a school day for purposes of this chapter, and for purposes of 901 of
Title 10, 1103 of Title 11, and 301 of Title 31 of this Code, or wherever the term school day or its
equivalent is used in a provision of this Code designed to minimize or punish truancy.
2705. Exemption of children from compulsory attendance requirements.
(a) Other provisions of this title notwithstanding, a child may be exempted from 2702 of this title upon
request of the parent, guardian or other person legally having control of that child when the request is
supported by written documentation of a physician, psychiatrist, psychologist or neurologist, as the case
may require. The request and documentation shall be addressed to the superintendent of schools of the
district in which the child resides and, in the case of a child with a disability or disabilities, the child's
Individual Education Program (IEP) team, for the development of an educational program and
determination of whether a change of placement is necessary to ensure that the child receives a free and
appropriate public education.
Page 36
(b) Any disputed decision under this section shall be presented first to the board of education of the
school district of which the child is a resident and may thereafter be appealed to the State Board of
Education. The decision of the State Board of Education shall be final. In the case of a child with a
disability or disabilities, all of the federal regulatory due process procedures of Part B of the Individuals
with Disabilities Education Act [20 U.S.C. 1411 et seq.] shall apply.
2706. Contagious diseases.
Any child affected with diphtheria, measles, scarlet fever or smallpox shall be excluded from the schools
until permission of the proper school officer for the child to return is granted; and intercourse between
pupils of the schools and the family or house, when there is any case of 1 of these contagious diseases,
must be forbidden until the official permission is given to return to the school.
2721. Definitions.
In this chapter:
(1) "Court" means a Justice of the Peace Court.
(2) "Parent" means a biological or natural parent, an adoptive parent, a person legally charged with the
care or custody of a person under 18 years of age, a person who has assumed responsibility for the
care of a person under 18 years of age, or a person acting as a caregiver pursuant to the provisions of
202(f) of this title who has enrolled the pupil in grades kindergarten through 12 of a public school in
this State.
(3) "Principal" means the highest administrative official of a public school and includes a person or
group of persons designated by the principal to deal with school attendance.
(4) "Record" means written materials and exhibits forwarded to a court by the school with a referral
under this subchapter or admitted into evidence at a court hearing.
(5) "School year" means the period of attendance determined by a pupil's local school board pursuant
to 1049 of this title, or in the case of a charter school as determined by the board of directors of the
charter school consistent with the school's charter, and any additional academic improvement activities
identified in 2702(g) of this title that a pupil may be required to attend during or following such period
of attendance.
(6) "Student" means a person who is enrolled in kindergarten through grade 12 of a public school of this
State.
(7) "Truant" means a student who has been absent from school without valid excuse for more than 3
school days during a school year.
(8) "Valid excuse" means an excuse which is approved in the regulations of the district board of
education of the school district in which the pupil is or should be enrolled pursuant to the provisions of
this title, or in the case of a pupil enrolled in a charter school, by the board of directors of the charter
school.
2722. Absences and truancy.
(a) Subject to the rules and regulations of the local school board, pupils enrolled in the free public schools
may be excused by the superintendent of schools or persons authorized by the superintendent. Pupils
enrolled in charter schools may be excused by the principal of the school or persons authorized by the
principal, subject to rules and regulations promulgated by the board of directors of the charter school.
(b) No pupil who could otherwise legally fail to attend school pursuant to 2702(a) of this title may do so
without the written consent of such person or persons having legal control of that pupil.
Page 37
2723. Responsibility of police officers.

(a) Any pupil under the age of 16 identified by a police officer as being off school property without official
authorization may be returned to that pupil's home school.
(b) Any pupil under the age of 16 identified by a police officer as being off school property without official
authorization may be detained by the police for a period not to exceed 2 hours for the purpose of
notification of parent or guardian. This detention may be within the police station but not in a criminally
confined area.
2724. Notification to parents and students.
At the beginning of a school year each school district or public school shall notify each student and the
parent of each student of the school attendance requirements of this Code, including the procedures and
penalties applicable to truancy. The school district or school may determine the form of the notification.
2725. Absences without excuse; truancy conferences.
(a) If a student has been absent from school without a valid excuse 1 or more days, the principal of the
school may take such action as the principal considers appropriate.
(b) If a student is truant, the principal may schedule a truancy conference with the student, the student's
parent and the principal pursuant to 2726 of this title. The conference may be attended by other
persons as the principal may include.
(c) Following a truancy conference the school shall decide whether or not to file a charge against the
parent for a violation of 2702 of this title; provided, however, that the principal shall refer the case for
prosecution following the 30th day of unexcused absence by a student during the school year, in
compliance with 2702(d) of this title, and may refer the case before the 30th day of unexcused absence
if the principal determines it is appropriate to do so.
(d) The fact that a student or student's parent may attend or has attended a truancy conference does not
bar the principal filing a complaint with a court. The principal's failure to hold a truancy conference does
not bar the filing of a complaint with a court and adjudication by a court.
2726. Procedure for truancy conferences.
The provisions of 4122 of this title shall apply to truancy conferences. The principal shall determine the
date, time and place of the conference and shall give all participants notice at least 1 week prior to the
conference. In conducting a truancy conference, the principal may exclude any person, including a parent
or a student, from the conference or part of a conference.
2727. Notice of violation and compliance.
No person shall be prosecuted for violation of 2702 of this title if that person, within 3 days from the time
that the person is notified by the superintendent of schools or persons authorized by the superintendent,
presents an excuse in writing satisfactory to such superintendent of schools, and complies with the
requirements of such 2702 of this title. The mailing of a notice to the usual address of the offending
party shall be sufficient notification.
2728. Procedure for court adjudication.
(a) When the school charges a parent or a student with a violation of 2702 of this title, the school shall
file a written complaint in the court. The complaint shall be on such form(s) as the court may require. The
school shall be the complainant and the parent or the student shall be the defendant. The court must
determine whether probable cause exists to issue a warrant or summons against the person charged.
When there is probable cause to find that a student is truant, probable cause to issue a warrant or
Page 38
summons for a parent shall exist when the parent is named as the parent or guardian on the student's
school records and the parent resides in Delaware.
(b) The school shall attach to the complaint any record relevant to the allegations of the complaint.
(c) When a complaint is filed, all sanctions imposed by the principal shall remain in effect unless
suspended or terminated by the principal or stayed by the court.
(d) The school may request that the court postpone adjudication. The court in its discretion may postpone
the proceedings and may impose conditions on the student or parent.
2729. Failure to send; affirmative defense; penalties.
(a) If a charge is filed against a parent for a violation of 2702 of this title, the court shall determine
whether the evidence establishes beyond a reasonable doubt that the parent has violated the section.
(b) In the prosecution of a parent for a violation of 2702 of this title, it shall be an affirmative defense
that the parent has made substantial and reasonable efforts to comply with the compulsory attendance
requirements of 2702 but is unable to cause the child to attend school. It shall also be an affirmative
defense that the parent does not have legal custody of the student. Other affirmative defenses may be
permitted as required in the interests of justice. If the court determines the affirmative defense is valid it
shall dismiss the complaint against the parent and the school may file a complaint against the student
pursuant to 2730 of this title.
(c) This section shall not apply to a parent whose child is receiving instruction pursuant to 2703 of this
title, to children exempted from compulsory attendance requirements pursuant to 2705 of this title, or
whose children are in compliance with school attendance requirements.
(d) A parent who is determined to have violated 2702 of this title is guilty of an unclassified
misdemeanor and shall be sentenced as follows:
(1) For a first offense, a fine of not less than $25 nor more than $300, or imprisonment for not more than
10 days or both;
(2) For a second offense, a fine of not less than $50 nor more than $500, or imprisonment for not more
than 20 days or both;
(3) For a third or subsequent offense, a fine of not less than $230 nor more than $1,150, or
imprisonment for not more than 30 days or both.
(e) To the extent possible the fine shall be commensurate with the number of days the student was
absent from school without valid excuse.
(f) The court may order the parent to perform unpaid community service in lieu of a fine. The court may
require that all or part of the service may be performed for a public school district.
(g) The court may also order as conditions of release prior to judgment or as conditions of sentence upon
conviction such conditions as the court considers necessary to obtain compliance with school attendance
requirements. These conditions include but are not limited to the following:
(1) Verifying the child's attendance with the school;
(2) Meeting with school officials;
(3) Taking the child to school;
(4) Taking the child to the bus stop;
(5) Attending school with the child;
(6) Undergoing medical, psychological or psychiatric evaluations and following the evaluator's
recommendations;
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(7) Undergoing an evaluation for drug, alcohol, or other substance abuse and following the evaluator's
recommendations; and
(8) Taking the child for medical, psychological or psychiatric evaluation or for drug, alcohol or other
substance abuse evaluation and following the evaluator's recommendations.
(h) Upon conviction, the name and address of the parent and a summary of the disposition of any
offenses for which the parent was convicted shall be reported by the Court to the Division of Family
Services of the Department of Services for Children, Youth and Their Families and to the Division of
Social Services of the Department of Health and Social Services.
(i) The provisions of 4218 of Title 11 (probation before judgment) shall apply to a parent charged with
violation of 2702 of this title.
2730. Failure to attend; penalties.
(a) The school may file a civil charge of truancy against the student in the Justice of the Peace Court if:
(1) The student is age 12 or older; and/or
(2) The Court determines that a parent who is charged with violating 2702 of this title has a valid
affirmative defense under 2729(b) of this title.
(b) The court shall determine whether a preponderance of the evidence establishes that the student has
violated 2702 of this title.
(c) If the Court determines the student has violated 2702 of this title, it shall adjudicate the student a
truant and may order the following remedial dispositions:
(1) Community service;
(2) Counseling;
(3) Substance abuse evaluation and treatment;
(4) Mental health evaluation and treatment;
(5) A curfew with hours set by the court;
(6) Suspension or revocation of any permit held by the student, including a work permit or a driver's
permit;
(7) Suspension or revocation of any license held by the student, including a driver's license or a hunting
license;
(8) Prohibition of the student's participation in or attendance at any extra-curricular activity or social
event which is an official school event or is sponsored by the school or held on school property;
(9) A recommendation that the student enroll in the school in alternative educational and related
services in accordance with Chapter 16 of this title; and
(10) Such other action as is permitted by statute or by court rule.
The court shall not suspend or revoke a student's permit or license if the student demonstrates to the
court that suspension or revocation would impose an economic hardship on the parent or on the
student's family.
(d) Where the court has ordered the suspension or revocation of a student's permit or license, the student
is prohibited from applying for a new permit or license without permission of the court as long as the
student is under the jurisdiction of the court.
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2731. Enforcement of court order.

(a) The court shall retain jurisdiction of the matter until all terms of the court's order have been complied
with regardless of any change in the student's age, marital status or choice of educational source or
location.
(b) Notwithstanding any provision of this Code to the contrary, if the court determines a student has not
complied with the terms of the court's order, it may charge the noncompliant student with criminal
contempt pursuant to 1271 of Title 11, and fully adjudicate the matter in the Justice of the Peace Court.
2732. Appeals.
(a) A parent convicted of a violation of 2702 of this title may appeal to the Court of Common Pleas in
the county in which the judgment was given. The appeal shall be filed within 15 days from the date of
conviction. On appeal the Court shall make a de novo determination.
(b) No stay shall be granted pending an appeal pursuant to subsection (a) of this section unless the
person appealing shall, at the time the appeal is taken, gives bond in any amount with surety to be fixed
by the Court.
(c) A student who has been adjudicated truant pursuant to 2730 of this title, or has been adjudicated in
contempt pursuant to 2731 of this title, may appeal to the Family Court in the county in which the
adjudication occurred. The appeal shall be filed within 15 days of the date of the adjudication. On appeal
the Court shall make a de novo determination based on the record below.
(d) No appeal of the adjudication of truancy or truancy-related contempt pursuant to subsection (c) of this
section shall stay execution of the remedial disposition unless a judge of the Family Court orders a stay.
2733. Jurisdiction; venue.
(a) The Justice of the Peace Court shall have exclusive original jurisdiction of complaints filed pursuant to
this title.
(b) All complaints under this title shall be filed in a Justice of the Peace Court in the county where the
school the child is required to attend is located or in the county in which the office of the school district
which contains the child's school is located.
(c) In the event that a student withdraws from school for any reason other than age and does not re-enroll
in another public school, the court, in its discretion, may retain jurisdiction for the purpose of ensuring that
the student's alternative educational environment was not an attempt to avoid the compulsory attendance
requirements of 2702 of this title.
ADMINISTRATIVE CODE
1.0 Required Attendance Policy
1.1 Each school district shall have an attendance policy that is in accordance with the requirements of
the Delaware Code and which defines and describes the district's rules concerning attendance for
students K to 12.
2.0 Distribution of Attendance Policy
2.1 Each district shall distribute and explain these policies to every student at the beginning of each
school year.
2.2 Each district shall distribute and explain these policies to each student enrolling or re enrolling during
the school year.
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2.3 Each district shall post the attendance policy on its website and notify a parent, guardian or Relative
Caregiver of each student in writing where this policy can be accessed. A hard copy shall be provided to
a parent, guardian or Relative Caregiver upon request.
3.1 Each public school district shall have an electronic copy of its current attendance policy on file with
the Department of Education.
3.2 Each public school district shall provide an electronic copy of any attendance policy within ninety
(90) days of such revision(s) regardless of whether said revisions were made as a result of changes to
Federal, state or local law, regulations, guidance or policies.
Substance use
STATUTES
3801. Declaration of purpose.
The General Assembly finds and declares that a substantial drug and alcohol trafficking and abuse
problem exists in this State among school age children, in schools and on school campuses, parks and
playgrounds. It is the purpose of this chapter to support increased efforts by local law enforcement
agencies, working in conjunction with school districts and with state and local drug and alcohol prevention
agencies, to suppress trafficking, and to prevent drug and alcohol abuse among school-age children in
schools and on school campuses, through the development of innovative and model programs jointly
undertaken by local law enforcement agencies and school districts. Further, it is the intent of the General
Assembly to establish a program of financial and technical assistance for local law enforcement and
school districts, and to formulate a joint policy of pursuing both demand reduction (through education and
prevention programs), and supply reduction (through law enforcement).
3802. Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to
them in this section, except where the context clearly indicates a different meaning:
(1) "Division" shall mean the Division of Substance Abuse and Mental Health.
(2) "Enhanced apprehension, prevention and education efforts" shall mean projects and programs
which do not compete with, but which supplement and improve currently existing substance abuse
prevention and education programs.
(3) "Entity" shall mean any committee, agency or group approved by the Division; any law enforcement
committee, agency or group approved by the Department of Safety and Homeland Security; or any
committee, agency or group composed of public school teachers and/or administrators.
3803. Division of Substance Abuse and Mental Health.
(a) The Division of Substance Abuse and Mental Health shall allocate and award all funds appropriated
for any purposes set forth in 3801 and elsewhere in this chapter. Such funds shall be awarded only to
programs or projects, undertaken jointly by a law enforcement entity and a local school district or other
public school entity, to prevent and/or suppress substance abuse and the trafficking of prohibited or
controlled substances in the public schools. All applications for such funds shall be applications made
jointly by the school and law enforcement entities involved in the proposed project.
(b) In the allocation and awarding of funds to joint law enforcement and public school recipients, the
Division shall obtain the comments and recommendations of the State Drug-free School Advisory
Committee. All allocation and awarding of funds by the Division shall be in accordance with the
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Administrative Procedures Act, and with those guidelines promulgated by the State Drug-free School
Advisory Committee which do not conflict with existing state laws.
(c) Each application shall be accompanied by a fiscal note, prepared by the joint applicants, which sets
forth all anticipated first-year costs and the anticipated total costs of the project or program. The Division
may return any application to the applicant with a request that any or all expenses be more fully set out,
together with the applicant's explanations or reasons for each projected cost or expense.
3804. State Drug-free School Advisory Committee.
(a) All criteria for the rating of applications for funds under this chapter shall be developed by the State
Drug-free School Advisory Committee. The State Drug-free School Advisory Committee shall be
composed of 16 members appointed by the Governor: 1 police chief; 1 sheriff; 1 prosecutor from the
State Department of Justice who specializes in drug and/or alcohol cases; 1 attorney primarily engaged in
criminal defense; 1 person from each county appointed by an active parent group or community-based
group concerned primarily with drug and/or alcohol problems; 1 representative of the Division of
Substance Abuse and Mental Health; 1 county drug and/or alcohol program administrator; and a
permanent, full-time member of a drug treatment clinic or office, public or private. In addition, membership
shall include the Attorney General or the Attorney General's designee; 4 members who are professional
employees of the Department of Education, 1 of whom shall be the Secretary of Education; and a drug
and/or alcohol prevention professional employed by the Department of Education. The Committee shall
review applications made to the Division for those funds which are awarded pursuant to this chapter, and
shall recommend approval for those applications which the Committee deems appropriate, and which it
deems are consistent with the guidelines and procedures established pursuant to this chapter. The
Division shall not approve nor release any funds until approval under 3805(b) of this title is first
obtained.
(b) The State Drug-free School Advisory Committee shall develop specific guidelines and procedures
which shall set forth the terms and conditions upon which grants of funds are made. Funds disbursed
under this chapter shall not be used for the acquisition of equipment.
(c) Funds disbursed under this chapter shall not be used to pay informants for information on drug and/or
alcohol offenders. Not more than 10 percent of the total amount of funds disbursed under this chapter
shall be used for administrative costs.
3805. Local drug-free school advisory committees.
(a) A local drug-free school advisory committee may be established and appointed by each local board of
education. Such committee may be either a newly created committee, or an existing local drug and
alcohol abuse committee formerly established by the county, municipality or school district. Although the
committee may have additional members, its basic membership shall be composed of the following
residents of the district or area affected:
(1) One local law enforcement officer;
(2) An administrator or teacher, employed by the local school district, who has expertise in drug and
alcohol programs;
(3) One administrator and 1 teacher from the school or school district which has direct involvement in
the program;
(4) One parent who has a son or daughter enrolled in the school;
(5) Three high school students;
(6) One person who is a permanent full-time employee of the state, county or municipality, and whose
duties primarily involve drug education or treatment;
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(7) Any other person who is involved, by employment or as a volunteer, in any drug and/or alcohol
prevention program.
(b) No project or program, financed in whole or in part with funds under this chapter, shall begin in any
school until such project or program has first received the approval of the local drug-free school advisory
committee.
3806. Utilization of funds.
(a) Funds shall be awarded primarily for projects undertaken jointly by the school district or other public
school entity, and a law enforcement entity. In participating in any joint application for the funds, the public
school entity shall consult with the superintendent of each affected school. Any funds disbursed under
this chapter are supplemental to and shall not supplant local funds which would, in the absence of this
chapter, be otherwise available to suppress and prevent drug and alcohol abuse among school age
children, or which otherwise would be used to curtail drug and alcohol trafficking in and around schools,
parks and playgrounds.
(b) When applying for funds under this chapter, the local law enforcement entity and the public school
entity may jointly enter into those agreements between themselves which would allow and facilitate the
administrative, fiscal and operational responsibilities created by their joint project or program.
(c) Funds disbursed under the provisions of this chapter shall be utilized primarily for enhanced
apprehension, prevention, and education efforts, and for obtaining material and information resources
relating to drug and alcohol abuse and drug trafficking in and around schools, parks and playgrounds.
Enhanced apprehension, prevention and education efforts shall include, but are not limited to:
(1) Drug and alcohol trafficking intervention programs;
(2) School and classroom oriented programs, each of which shall utilize a tested drug and alcohol
education curriculum that provides in-depth and accurate information on drugs and alcohol. Such
programs may include the participation of local law enforcement agencies and/or qualified drug and
alcohol use prevention specialists. Each such program shall be designed to increase, in both teachers
and students, an awareness of the dangers of drugs and alcohol;
(3) Family-oriented programs aimed at preventing drug and alcohol abuse, which programs may include
the participation of any community-based organization which is experienced in the successful operation
of a family-oriented program;
(4) Development and distribution of appropriate written and audio-visual aids for the training of persons
not otherwise trained or experienced in the handling of drug and alcohol-related problems and offenses
within the public schools;
(5) Development of prevention and intervention programs for elementary school teachers and students,
including utilization of existing prevention and intervention programs, where appropriate;
(6) Development of a coordinated intervention system that identifies "at-risk" students, and students
with chronic drug and alcohol abuse problems.
3807. State Board of Education; Department of Public Safety.
The Department of Safety and Homeland Security and the Department of Education shall both have the
power to monitor and evaluate the projects and programs under this chapter, and to make comments and
suggestions to the Division.
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school property:
(1) Any controlled substance prohibited by Title 16
The school employee shall immediately report the incident to the principal, who shall conduct a thorough
committed, the principal shall immediately notify the appropriate police agency of the incident. If the
police agency determines that probable cause exists to believe that a crime has been committed, then
the principal shall file a written report of the incident with the Department of Education within 5 working
days.
4116. Drug/alcohol educational programs.
(a) The Department of Education with approval of the State Board of Education shall establish and
implement statewide alcohol/substance abuse educational programs to be provided in each grade,
kindergarten through grade 12, in each public school in this State. The programs required by this section
shall consist of no fewer than 10 hours per school year in grades kindergarten through 4 and 15 hours per
school year in grades 5 through 12. Each program shall be taught by appropriately trained certified
teachers and the instruction shall be comprehensive, age-appropriate and sequential in nature.
(b) Any in-service training required by this section shall be provided within the contracted school year as
provided in 1305 of this title.
4117. Substance abuse.
(a) Each school district shall designate an administrator in every school as the person responsible for
reporting, to parents and/or law enforcement agencies, any violation and/or problems relating to the
abuse of controlled substances. Such administrator shall not be liable under the laws of this State for any
act or omission committed by the administrator in the performance of that administrator's duties and
responsibilities under this section.
(b) No administrator having reporting responsibilities under this section shall be required to report any
substance abuse violation and/or problem to a parent if such person, being the principal of the school,
reasonably believes that a parent or parents are a cause of or are involved in the violation and/or
problem; nor shall any other administrator, having reporting responsibilities under this section, be required
to report any substance abuse violation and/or problem to a parent, if such administrator and the principal
of the school both believe that a parent or parents are a cause of or are involved in the violation or
problem.
ADMINISTRATIVE CODE
1.1 The possession, use and/or distribution of alcohol, a drug, a drug like substance, a look alike
substance and drug paraphernalia are wrong and harmful to students and are prohibited within the
school environment.
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1.4 All alcohol, drugs, drug like substances, look alike substances and drug paraphernalia found in a
student's possession shall be turned over to the principal or designee, and be made available, in the
case of a medical emergency, for identification. All substances shall be sealed and documented, and, in
the case of substances covered by 16 Del.C. Ch. 47, turned over to police as potential evidence.
School Policies
"Alcohol" shall mean alcohol or any alcoholic liquor capable of being consumed by a human being, as
defined in 4 Del.C. 101 including alcohol, spirits, wine and beer.
"Distribute" "Distributing" or "Distribution" shall mean the transfer or attempted transfer of alcohol, a
drug, a look alike substance, a drug like substance, or drug paraphernalia to any other person with or
without the exchange of money or other valuable consideration.
"Drug" shall mean any controlled substance or counterfeit substance as defined in 16 Del.C. 4701
including, for example, narcotic drugs such as heroin or cocaine, amphetamines, anabolic steroids, and
marijuana, and shall include any prescription substance which has been given to or prescribed for a
person other than the student in whose possession it is found.
"Drug Like Substance" shall mean any noncontrolled and nonprescription substance capable of
producing a change in behavior or altering a state of mind or feeling, including, for example, some over
the counter cough medicines, certain types of glue, caffeine pills and diet pills. The definition of drug
like substance does not include tobacco or tobacco products which are governed by 14 DE Admin.
Code 877 Tobacco Policy.
"Drug Paraphernalia" shall mean all equipment, products and materials as defined in 16 Del.C. 4701
including, for example, roach clips, miniature cocaine spoons and containers for packaging drugs.
"Expulsion" shall mean exclusion from school for a period determined by the local district or charter
school not to exceed the total number of student days. The process for readmission shall be
determined by the local district or charter school.
"Look Alike Substance" shall mean any noncontrolled substance which is packaged so as to appear to
be, or about which a student makes an express or implied representation that the substance is, a drug
or a noncontrolled substance capable of producing a change in behavior or altering a state of mind or
feeling.
"Nonprescription Medication" shall mean any over the counter medication; some of these medications
may be a "drug like substance."
"Possess" "Possessing" or "Possession" shall mean that a student has on the student's person, in the
student's belongings, or under the student's reasonable control by placement of and knowledge of the
whereabouts of, alcohol, a drug, a look alike substance, a drug like substance or drug paraphernalia.
"Prescription Drugs" shall mean any substance obtained directly from or pursuant to a valid prescription
or order of a practitioner, as defined in 16 Del.C. 4701(24), while acting in the course of his or her
professional practice, and which is specifically intended for the student in whose possession it is found.
"School Environment" shall mean within or on school property, and at school sanctioned or supervised
activities, including, for example, on school grounds, on school buses, at functions held on school
grounds, at extra curricular activities held on and off school grounds, on field trips and at functions held
at the school in the evening.
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"Use" shall mean that a student is reasonably known to have ingested, smoked or otherwise assimilated
alcohol, a drug or a drug like substance, or is reasonably found to be under the influence of such a
substance.
3.1 A system of notification of each student and of his/her parent, guardian or Relative Caregiver at the
beginning of the school year, of the state and district policies and regulations. In addition a system for
the notification of each student and his/her parent, guardian or Relative Caregiver whenever a student
enrolls or re enrolls during the school year of the state and district policies and regulations.
3.2 A statement that state and district or charter school policies shall apply to all students, except that
with respect to children with disabilities, applicable federal and state laws will be followed.
3.3 A written policy which sets out procedures for reporting incidents to police authorities, parents,
guardians or Relative Caregivers and to the Department of Education, while maintaining confidentiality.
3.4 A written policy on how evidence is to be kept, stored and documented, so that the chain of custody
is clearly established prior to giving such evidence over to the police.
3.5 A written policy on search and seizure.
3.6 A program of assistance for students with counseling and referral to services as needed.
3.8 A policy in cases involving a drug like substance or a look alike substance for establishing that the
student intended to use, possess or distribute the substance as a drug.
3.9 A policy which establishes how prescription and nonprescription drugs shall be handled in the
school environment and when they will be considered unauthorized and subject to these state and local
policies.
3.10 A policy which sets out the conditions for return after expulsion for alcohol or drug infractions.
3.11 Notwithstanding any of the foregoing to the contrary, all policies adopted by public school districts
or charter schools relating to the possession or use of drugs shall permit a student's discretionary use
and possession of an asthmatic quick relief inhaler ("Inhaler") or autoinjectable epinephrine with
individual prescription label; provided, nevertheless, that the student uses the inhaler or autoinjectable
epinephrine pursuant to prescription or written direction from a state licensed health care practitioner; a
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copy of which shall be provided to the school district or charter school; and further provided that the
parent(s) or legal custodian(s) of such student provide the school district or charter school with written
authorization for the student to possess and use the inhaler or autoinjectable epinephrine at such
student's discretion, together with a form of release satisfactory to the school district or charter school
releasing the school district or charter school and its employees from any and all liability resulting or
arising from the student's discretionary use and possession of the inhaler or autoinjectable epinephrine
and further provided that the school nurse may impose reasonable limitations or restrictions upon the
student's use and possession of the inhaler or autoinjectable epinephrine based upon the student's
age, level of maturity, behavior, or other relevant considerations.
3.11.1 Parents or legal custodians shall not be required to provide or sign a form of release where the
student's use and possession of an asthmatic quick relief inhaler or autoinjectable epinephrine is
determined by the student's IEP or Section 504 Team to be necessary for the student's educational
placement.
3.11.2 Except as provided for in a student's Section 504 Plan or IEP, the school nurse may not
unilaterally impose limitations or restrictions on a student's use and possession of an asthmatic quick
relief inhaler or autoinjectable epinephrine if a Section 504 or IEP Team has determined the use of
the medication is necessary for the student's educational placement.
(For students who use prescribed asthmatic quick relief inhalers or autoinjectable epinephrine, see 14 DE
Admin. Code 817, Administration of Medications and Treatments)
851. K to 12 comprehensive health education program.
1.1 Each school district and charter school shall have a sequential, skill-based K to 12 Comprehensive
Health Education Program based on the Delaware Health Education Standards that establishes a
foundation of understanding the relationship between personal behavior and health and shall include at a
minimum the following:
1.1.3 The use of the state content standards for health education for grades K to 12 to address the core
concepts: tobacco, alcohol and other drugs, injury prevention and safety, nutrition and, physical activity,
family life and sexuality, personal health and wellness, mental health and community and environmental
health with minimum hours of instruction as follows:
1.1.3.1 In grades K to 4, a minimum of thirty (30) hours in each grade of comprehensive health
education and family life education of which ten (10) hours, in each grade, must address drug and
alcohol education.
1.1.3.2 In grades 5 and 6, a minimum of thirty five (35) hours in each grade of comprehensive health
education and family life education of which fifteen (15) hours, in each grade, must address drug and
alcohol education.
1.1.3.3 In grades 7 and 8, separate from other subject areas, a minimum of sixty (60) hours of
comprehensive health education and family life education of which fifteen (15) hours, in each grade,
must address drug and alcohol education. If all of the 60 hours are provided in one year at grade 7 or
8, an additional fifteen hours of drug and alcohol education must be provided in the other grade.
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1.1.3.4 In grades 9 to 12, one half (1/2) credit of comprehensive health education is required for
graduation of which fifteen (15) hours of this 1/2 credit course must address drug and alcohol
education. This 1/2 credit course may be provided in the 9th, 10th, 11th or 12th grade. In each of the
remaining three grades, fifteen (15) hours of drug and alcohol education must be provided for all
students.
1.1.7 Inclusion of an evidence-based tobacco, alcohol, drug and interpersonal violence prevention
program.
1.0 Required Policy
1.1 Prohibits the use of or distribution of tobacco products in school buildings, on school grounds, in
school leased or owned vehicles, even when they are not used for student purposes, and at all school
affiliated functions.
1.2 Includes procedures for communicating the policy to students, school staff, parents, guardians or
Relative Caregivers, families, visitors and the community at large.
1.3 Makes provisions for or refers individuals to voluntary cessation education and support programs
that address the physical and social issues associated with nicotine addiction.
2.0 The Tobacco Policy Shall Apply to
2.1 Any building, property or vehicle leased, owned or operated by a school district, charter school or
assigned contractor.
2.1.1 School bus operators under contract shall be considered staff for the purpose of this policy.
2.2 Any private building or other property including automobiles or other vehicles used for school
activities when students and staff are present.
2.3 Any non educational groups utilizing school buildings or other educational assets.
2.4 Any individual or a volunteer who supervises students off school grounds.
3.0 No School or School District Property May Be Used for the Advertising of any Tobacco Product
4.1 Each public school district and charter school shall have an electronic copy of its current tobacco
policy on file with the Department of Education.
4.2 Each public school district and charter school shall provide an electronic copy of any tobacco policy
within ninety (90) days of such revision(s) regardless of whether said revisions were made as a result of
changes to Federal, state or local law, regulations, guidance or policies.
riding privileges:
8.1.18 Do not smoke, use profanity, eat or drink on the bus.
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STATUTES
(a) Definition of bullying. As used in this section, "bullying" means any intentional written, electronic,
verbal or physical act or actions against another student, school volunteer or school employee that a
reasonable person under the circumstances should know will have the effect of:
(1) Placing a student, school volunteer or school employee in reasonable fear of substantial harm to his
or her emotional or physical well-being or substantial damages to his or her property; or
(2) Creating a hostile, threatening, humiliating or abusive educational environment due to the
pervasiveness or persistence of actions or due to a power differential between the bully and the target;
or
(3) Interfering with a student having a safe school environment that is necessary to facilitate educational
performance, opportunities or benefits; or
(4) Perpetuating bullying by inciting, soliciting or coercing an individual or group to demean,
dehumanize, embarrass or cause emotional, psychological or physical harm to another student, school
volunteer or school employee.
(1) Each school district and charter school shall prohibit bullying and reprisal, retaliation or false
accusation against a target, witness or one with reliable information about an act of bullying.
b. A definition of bullying no less inclusive than that in subsection (a) of this section.
c. Direction to develop a school-wide bullying prevention program.
d. A requirement that each school establish a site-based committee that is responsible for
coordinating the school's bully prevention program including the design, approval and monitoring of
the program. A majority of the members of the site-based committee shall be members of the school
professional staff, of which a majority shall be instructional staff. The committee also shall contain
representatives of the administrative staff, support staff, student body (for school enrolling students in
grades 7 through 12), parents and staff from the before- or after-school program or programs. These
representatives shall be chosen by members of each respective group except that representatives of
the nonemployee groups shall be appointed by the school principal. The committee shall operate on a
1-person, 1-vote principle. In the event a site-based school discipline committee has been established
pursuant to 1605(7)a. and b. of this title, that committee shall vote whether or not to accept the
aforementioned responsibilities.
e. A requirement that any school employee that has reliable information that would lead a reasonable
person to suspect that a person is a target of bullying shall immediately report it to the administration.
f. A requirement that each school have a procedure for the administration to promptly investigate in a
timely manner and determine whether bullying has occurred, and that such procedure include
investigation of such instances, including a determination of whether the target of the bullying was
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targeted or reports being targeted wholly or in part due to the target's race, age, marital status, creed,
religion, color, sex, disability, sexual orientation, gender identity or expression, or national origin. This
subsection does not preclude schools from identifying other reasons or criteria why a person is a
target of bullying.
g. A requirement that, to the extent that funding is available, each school develop a plan for a system
of supervision in nonclassroom areas. The plan shall provide for the review and exchange of
information regarding nonclassroom areas.
h. An identification of an appropriate range of consequences for bullying.
i. A procedure for a student and parent, guardian or relative caregiver pursuant to 202(f) of this title
or legal guardian to provide information on bullying activity. However, this paragraph does not permit
formal disciplinary action solely based on an anonymous report.
j. A requirement that a parent, guardian or relative caregiver pursuant to 202(f) of this title or legal
guardian of any target of bullying or person who bullies another as defined herein, be notified.
k. A requirement that all reported incidents of bullying, regardless of whether the school could
substantiate the incident be reported to the Department of Education within 5 working days pursuant
to Department of Education regulations.
l. A statement prohibiting retaliation following a report of bullying.
m. A procedure for communication between school staff members and medical professionals who are
involved in treating students for bullying issues.
n. A requirement that the school bullying prevention program be implemented throughout the year,
and integrated with the school's discipline policies and 4112 of this title.
Education.
(d) Duties of the Department of Education.
(1) The Delaware Department of Education shall collaborate with the Delaware Department of Justice to
develop a model policy, that may change from time to time, that is applicable to kindergarten through
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grade 12, and post this policy, along with the contact information for the School Ombudsman, on their
websites in order to assist the school districts and charter schools. In addition, the Department of
Education shall promulgate a uniform cyberbullying policy, which shall be based upon a model
prepared by the Department of Justice and public comment upon that model. This uniform cyberbullying
policy shall be formally adopted as written by each charter school and school district within 90 days of
becoming final.
(2) Distribution of the Comprehensive School Discipline Improvement Program funds to a school district
and charter school provided in the General Appropriations Act starting in fiscal year 2009 and thereafter
is contingent upon Department of Education approval of the school district's or charter school's bullying
prevention policy.
(3) To the extent that funding is available the State Department of Education will provide for an award
system for schools with exemplary programs based on criteria promulgated by the Delaware
(4) The Department of Education shall conduct random audits of schools to insure compliance with
paragraphs (b)(2)i. and (b)(2)k. of this section. The Department shall report the results of these audits
annually.
(e) Immunity. -- A school employee, school volunteer or student is individually immune from a cause of
action for damages arising from reporting bullying in good faith and to the appropriate person or persons
using the procedures specified in the school district and charter school's bullying prevention policy, but
there shall be no such immunity if the act of reporting constituted gross negligence and/or reckless, wilful
or intentional conduct.
(f) Other defenses.
(1) The physical location or time of access of a technology-related incident is not a valid defense in any
disciplinary action by the school district or charter school initiated under this section provided there is
sufficient school nexus.
(2) This section does not apply to any person who uses data or computer software that is accessed
through a computer, computer system, computer network or other electronic technology when acting
within the scope of that person's lawful employment or investigation of a violation of this section in
accordance with school district or charter school policy.
(g) Relationship to school crime reporting law. An incident may meet the definition of bullying and also the
definition of a particular crime under state or federal law. Nothing in this section or in the policies
promulgated as a result thereof shall prevent school officials from fulfilling all of the reporting
requirements of 4112 of this title, or from reporting probable crimes that occur on school property or at a
school function which are not required to be reported under that section. Nothing in this section shall
abrogate the reporting requirements for child abuse or sexual abuse set forth in Chapter 9 of Title 16, or
any other reporting requirement under state or federal law.
(h) Rules and regulations. Notwithstanding any provision to the contrary, the Delaware Department of
9301. Short title.
This chapter shall be known and may be cited as the "Anti-Hazing Law."
9302. Definitions.
The following words and phrases when used in this chapter shall have the meanings given to them in this
section unless the context clearly indicates otherwise:
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"Hazing" means any action or situation which recklessly or intentionally endangers the mental or physical
health or safety of a student or which wilfully destroys or removes public or private property for the
purpose of initiation or admission into or affiliation with, or as a condition for continued membership in,
any organization operating under the sanction of or recognized as an organization by an institution of
higher learning. The term shall include, but not be limited to, any brutality of a physical nature, such as
whipping, beating, branding, forced calisthenics, exposure to the elements, forced consumption of any
food, liquor, drug or other substance, or any other forced physical activity which could adversely affect the
physical health and safety of the individual, and shall include any activity which would subject the
individual to extreme mental stress, such as sleep deprivation, forced exclusion from social contact,
forced conduct which could result in embarrassment, or any other forced activity which could adversely
affect the mental health or dignity of the individual, or any wilful destruction or removal of public or private
property. For purposes of this definition, any activity as described in this definition upon which the
admission or initiation into or affiliation with or continued membership in an organization is directly or
indirectly conditioned shall be presumed to be "forced" activity, the willingness of an individual to
participate in such activity notwithstanding.
9303. Hazing prohibited.
Any person who causes or participates in hazing commits a class B misdemeanor.
(1) Each institution shall provide a program for the enforcement of such rules and shall adopt
appropriate penalties for violations of such rules to be administered by the person or agency at the
institution responsible for the sanctioning or recognition of such organizations.
(2) Such penalties may include the imposition of fines, the withholding of diplomas or transcripts
pending compliance with the rules or pending payment of fines and the imposition of probation,
suspension or dismissal.
(3) In the case of an organization which authorizes hazing in blatant disregard of such rules, penalties
may also include decision of permission for that organization to operate on campus property or to
otherwise operate under the sanction or recognition of the institution.
(4) All penalties imposed under the authority of this section shall be in addition to any penalty imposed
for violation of paragraph (3) of this subsection or any of the criminal laws of this State or for violation of
any other institutional rule to which the violator may be subject.
(5) Rules adopted pursuant hereto shall apply to acts conducted on or off campus whenever such acts
are deemed to constitute hazing.
ADMINISTRATIVE CODE
624. School district/charter school policy prohibiting cyberbullying.
1.0 Cyberbullying Forbidden
In addition to the policy prohibiting bullying put in place by school districts and charter schools pursuant to
14 Del.C. 4112D(b)(2), each school district and charter school shall also prohibit cyberbullying (as
defined herein) by students directed at other students. Incidents of cyberbullying shall be treated by each
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school district and charter school in the same manner as incidents of bullying, and notice of each school
district's and charter school's policy against cyberbullying shall be provided to students, staff, and faculty
in the same manner as notice of the school district's and charter school's policy against bullying.
2.0 Definition of Cyberbullying
2.1 Cyberbullying means the use of uninvited and unwelcome electronic communication directed at an
identifiable student or group of students, through means other than face-to-face interaction, which (1)
interferes with a student's physical well-being; or (2) is threatening or intimidating; or (3) is so severe,
persistent, or pervasive that it is reasonably likely to limit a student's ability to participate in or benefit
from the educational programs of the school district or charter school. Communication shall be
considered to be directed at an identifiable student or group of students if it is sent directly to that
student or group, or posted in a medium that the speaker knows is likely to be available to a broad
audience within the school community.
2.2 Whether speech constitutes cyberbullying will be determined from the standpoint of a reasonable
student of the same grade and other circumstances as the victim.
2.3 The place of origin of speech otherwise constituting cyberbullying is not material to whether it is
considered cyberbullying under this policy, nor is the use of school district or charter school materials.
2.4 Upon implementation of this policy, and again at the beginning of each academic year, each school
district and charter school shall inform students in writing of mediums where posting of speech will be
settings or other limitations on those postings. From implementation of this policy through the end of the
2013-2014 school year, postings on Facebook, Twitter, MySpace, YouTube, and Pinterest shall be
included in each district's and charter schools list of mediums where posting of speech will be
settings or other limitations on those postings.
2.5 Nothing in this policy shall limit in any way a school district's or charter school's ability to regulate
student conduct, including bullying, in any manner provided for by existing law, regulation, or policy.
1105. School transportation.
riding privileges:
8.1.20 Other forms of misconduct that shall not be tolerated on the bus and at bus stops are acts such
as, but not limited to, bullying, indecent exposure, obscene gestures, spitting, and other actions that
may be addressed in the district code of conduct.

STATUTES
(a) Definitions. The following words, terms and phrases when used in this section shall have the meaning
ascribed to them except where the context clearly indicates a different meaning;
(1) "Sexual assault". As used in this section, "sexual assault" means any unwanted sexual behavior
committed by a perpetrator who is a stranger to the victim or by a perpetrator who is known by the
victim or related to the victim by blood, marriage or civil union. Behaviors that fall under this definition
include but are not limited to: sexual harassment as defined in 763 of Title 11; sexual contact as
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defined in 761 Title 11; sexual intercourse as defined in 761 of Title 11; sexual penetration as
defined in 761 of Title 11; and child sexual abuse as defined in 901 of Title 10.
(2) "Teen dating violence". As used in this section, "teen dating violence" means assaultive, threatening
or controlling behavior, including stalking as defined in 1312 of Title 11, that 1 person uses against
another person in order to gain or maintain power or control in a current or past relationship. The
behavior can occur in both heterosexual and same sex relationships, and in serious or casual
relationships.
(b) Teen dating violence and sexual assault policies. Each school district and charter school serving any
grades 7 through 12 shall establish a policy for responding to teen dating violence and sexual assault,
which at a minimum, shall include the following components:
(1) Definitions of teen dating violence and sexual assault, the behaviors which constitute each and the
consequences for committing offenses;
(2) Guidelines on mandatory reporting and confidentiality as required by statute, district policy, and
charter school policy;
(3) A protocol for responding to incidents of teen dating violence and sexual assault which shall include,
but is not limited to:
a. Procedures regarding initial response;
b. Procedures for reporting incidents of teen dating violence and sexual assault when a report is
required;
c. Procedures for the documentation of incidents;
d. Procedures for working with victims;
e. Procedures for working with perpetrators.
(c) Each school district and charter school shall ensure that its administrator(s), school nurses(s) and
school counselor(s) in schools serving any grade 7 through 12 receive teen dating violence and sexual
assault policies and protocol training during their first year of assignment as an administrator, school
nurse or school counselor in 1 of those schools and at least once in every 3-year period thereafter. The
training materials and trainings shall be developed and provided by the Delaware Domestic Violence
Coordinating Council. Any in-service training required by this section shall be provided within the
contracted school year as provided in 1305(e) of this title.
(d) Each school district and charter school shall ensure existing health standard programming related to
comprehensive healthy relationships, based on the Health Standards adopted by the Delaware
Department of Education as approved by the State Board of Education, is provided in health education
programs or related classes. The Domestic Violence Coordinating Council shall have the authority to
review and advise on the implementation of school district policies and charter school policies related to
teen dating violence and sexual assault.
summary of reported incidences of teen dating violence and sexual assault. The report shall be
submitted to the Domestic Violence Coordinating Council by August 1 each year.
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(f) Immunity. A school employee, school volunteer or student is individually immune from a cause of
action for damages arising from reporting teen dating violence and/or sexual assault in good faith and to
the appropriate person or persons using the procedures specified in the school district or charter school's
teen dating violence and sexual assault policy, but there shall be no such immunity if the act of reporting
constituted gross negligence and/or reckless, wilful or intentional conduct.
(g) Relationship to school crime reporting. Nothing in this section or in the policies promulgated as a
result thereof shall prevent school officials from fulfilling all of the reporting requirements of 4112 of this
title, or from reporting probable crimes that occur on school property or at a school function which are not
required to be reported under that section.
(h) Nothing in this section shall abrogate the reporting requirements for child abuse or sexual abuse set
forth in Chapter 9 of Title 16, or any other reporting requirement under state or federal law.
(i) Rules and regulations. Notwithstanding any provisions to the contrary, the Delaware Department of
(j) Short title. This section shall be known and may be cited as the "Liane Sorenson Act".
4120. School dress codes and uniforms.
(a) The school board of each public school district shall have authority to establish and enforce a dress
code program, which may include school uniforms, for students within the district to promote an orderly,
disciplined school environment and to encourage uniformity of student dress. Any school board exercising
its authority under this section shall promulgate rules and regulations governing the establishment and
enforcement of its dress code program.
ADMINISTRATIVE CODE
riding privileges:
8.1.1 Obey the driver promptly, and be courteous to the driver and to fellow pupils. Pupils are to
conduct themselves while on the bus in such a way that they shall not distract the driver from driving
tasks.
8.1.2 Be at their bus stop on time or as required by their District for pickup.
8.1.3 Wait in a safe manner for the bus on the sidewalk or shoulder, not the roadway.
8.1.4 Keep a safe distance from the bus while it is in motion.
8.1.5 Enter the bus when directed to by the bus driver or aide without crowding or disturbing others
and occupy their seats immediately.
8.1.6 Get on or off the bus only when it is stopped.
8.1.7 Remain seated and facing forward.
8.1.8 No student shall occupy a position in the driver area in front of a barrier or white floor line that
may distract the driver's attention or interfere with the driver's vision.
8.1.9 Stay out of the drivers seat. Also, unnecessary conversation with the driver is prohibited while
the bus is in motion.
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8.1.10 Follow highway safety practices in accordance with the Motor Vehicle Laws of the State of
Delaware by walking on the side of the road facing traffic when going to or from the bus or bus stop
along the highway.
8.1.11 Before crossing the road to board the bus cross only upon an audible clearance signal from the
driver/aide.
8.1.12 Do not cross the road until it is clear of all traffic or when all traffic has come to a complete stop
and then walk in front of the bus beyond the crossing control arm and far enough to be seen by the
driver at all times.
8.1.13 For unloading, walk at least 10 feet away from the side of the bus and remain in view of the
driver. For those crossing the road, walk to a position at least 10 feet in front of the right corner of the
bumper and away from the bus. After looking in all directions and being told to begin crossing by the
driver or aide, walk to the left edge of the school bus, look for traffic again in all directions, and wait to
be told to cross by the driver/aide.
8.1.15 Do not open the bus windows without permission from the driver, extend any body part out of
the windows or call out to passers-by.
8.1.16 Do not leave the bus without the drivers consent, except on arrival at their regular bus stop or
at school.
8.1.17 Keep the bus clean, sanitary, and orderly and do not damage or abuse the equipment.
8.1.18 Do not smoke, use profanity, eat or drink on the bus.
8.1.19 Do not throw articles of any kind inside, around the bus or out of the bus windows.
8.1.20 Other forms of misconduct that shall not be tolerated on the bus and at bus stops are acts such
as, but not limited to, bullying, indecent exposure, obscene gestures, spitting, and other actions that
may be addressed in the district code of conduct.
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Prevention
STATUTES
1601. Purpose.
It is the purpose of this chapter to provide for the establishment of a statewide comprehensive program to
improve student discipline in the public elementary and secondary schools of the State. The program
shall provide for the treatment of pupils who are exhibiting discipline problems and for the establishment
of services to school pupils which will reduce the rate and severity of discipline problems in the future.
The program shall operate under the supervision and direction of the Department of Education.
1605A. Prevention component.
The Family Services Cabinet Council (Council), with the Department of Education and the Department of
Services for Children, Youth and Their Families acting as lead agencies, shall administer a program to
offer prevention-related student support services (prevention services) to students to prevent them from
becoming discipline problems and from failing academically in our schools.
c. Direction to develop a school-wide bullying prevention program.
n. A requirement that the school bullying prevention program be implemented throughout the year,
and integrated with the school's discipline policies and 4112 of this title.
(a) The Department of Education with approval of the State Board of Education shall establish and
implement statewide alcohol/substance abuse educational programs to be provided in each grade,
kindergarten through grade 12, in each public school in this State. The programs required by this section
shall consist of no fewer than 10 hours per school year in grades kindergarten through 4 and 15 hours per
school year in grades 5 through 12. Each program shall be taught by appropriately trained certified
teachers and the instruction shall be comprehensive, age-appropriate and sequential in nature.
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ADMINISTRATIVE CODE
851. K to 12 comprehensive health education program.
1.1 Each school district and charter school shall have a sequential, skill-based K to 12 Comprehensive
Health Education Program based on the Delaware Health Education Standards that establishes a
foundation of understanding the relationship between personal behavior and health and shall include at a
minimum the following:
1.1.3 The use of the state content standards for health education for grades K to 12 to address the core
concepts: tobacco, alcohol and other drugs, injury prevention and safety, nutrition and, physical activity,
family life and sexuality, personal health and wellness, mental health and community and environmental
health with minimum hours of instruction as follows:
1.1.3.1 In grades K to 4, a minimum of thirty (30) hours in each grade of comprehensive health
education and family life education of which ten (10) hours, in each grade, must address drug and
alcohol education.
1.1.3.2 In grades 5 and 6, a minimum of thirty five (35) hours in each grade of comprehensive health
education and family life education of which fifteen (15) hours, in each grade, must address drug and
alcohol education.
1.1.3.3 In grades 7 and 8, separate from other subject areas, a minimum of sixty (60) hours of
comprehensive health education and family life education of which fifteen (15) hours, in each grade,
must address drug and alcohol education. If all of the 60 hours are provided in one year at grade 7 or
8, an additional fifteen hours of drug and alcohol education must be provided in the other grade.
1.1.3.4 In grades 9 to 12, one half (1/2) credit of comprehensive health education is required for
graduation of which fifteen (15) hours of this 1/2 credit course must address drug and alcohol
education. This 1/2 credit course may be provided in the 9th, 10th, 11th or 12th grade. In each of the
remaining three grades, fifteen (15) hours of drug and alcohol education must be provided for all
students.
1.1.7 Inclusion of an evidence-based tobacco, alcohol, drug and interpersonal violence prevention
program.

STATUTES
2729. Failure to send; affirmative defense; penalties.
(g) The court may also order as conditions of release prior to judgment or as conditions of sentence upon
conviction such conditions as the court considers necessary to obtain compliance with school attendance
requirements. These conditions include but are not limited to the following:
(1) Verifying the child's attendance with the school;
(2) Meeting with school officials;
(3) Taking the child to school;
(4) Taking the child to the bus stop;
(5) Attending school with the child;
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(6) Undergoing medical, psychological or psychiatric evaluations and following the evaluator's
recommendations;
(7) Undergoing an evaluation for drug, alcohol, or other substance abuse and following the evaluator's
recommendations; and
(8) Taking the child for medical, psychological or psychiatric evaluation or for drug, alcohol or other
substance abuse evaluation and following the evaluator's recommendations.
2730. Failure to attend; penalties.
(c) If the Court determines the student has violated 2702 of this title, it shall adjudicate the student a
truant and may order the following remedial dispositions:
(1) Community service;
(2) Counseling;
(3) Substance abuse evaluation and treatment;
(4) Mental health evaluation and treatment;
(5) A curfew with hours set by the court;
(6) Suspension or revocation of any permit held by the student, including a work permit or a driver's
permit;
(7) Suspension or revocation of any license held by the student, including a driver's license or a hunting
license;
(8) Prohibition of the student's participation in or attendance at any extra-curricular activity or social
event which is an official school event or is sponsored by the school or held on school property;
(9) A recommendation that the student enroll in the school in alternative educational and related
services in accordance with Chapter 16 of this title; and
(10) Such other action as is permitted by statute or by court rule.
The court shall not suspend or revoke a student's permit or license if the student demonstrates to the
court that suspension or revocation would impose an economic hardship on the parent or on the student's
family.
ADMINISTRATIVE CODE
609. District and school based intervention services.
1.0 Provision of Services
Each school district shall provide services for students whose behavior disrupts the classroom setting and
creates distractions that impede the learning process, but who are not eligible for placement in an
alternative program pursuant to 14 DE Admin. Code 611. School districts may offer such services based
on the identified needs of the district and its individual schools, subject to the requirements of this
regulation.
2.0 Application for Funding
2.1 Any school district requesting an incentive or supplemental grant to provide intervention services
shall apply for such funds using the LEA Consolidated Application process provided by the Department
of Education.
2.2 Any incentive or supplemental grant approved as part of the LEA Consolidated Application process
shall be in the amount appropriated for that purpose by law.
3.0 Student Population to be Served
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Services funded under this regulation may be provided to any student in grades K to 12, subject to the
terms of the districts approved LEA Consolidated Application. Notwithstanding any of the provisions to
the contrary, IDEA-identified students with disabilities shall be served pursuant to the provisions in 14 DE
Admin. Code 925 and students with disabilities identified under Section 504 of the Rehabilitation Act shall
be served in conformity with 34 C.F.R. Part 104.
4.0 School Based Intervention Programs
4.1 If a district, through its LEA Consolidated Application, provides a School Based Intervention
Program as part of the services provided to disruptive students, such Program shall meet the following
requirements:
4.2 A School Based Intervention Program shall include both short term and long term intervention
strategies. Such strategies may include character education, short or long term counseling to improve
behavior which impacts educational performance, and methods to identify the need to refer students for
additional services either within the district or to other agencies. The Program shall also include support
services to provide a smooth transition for students who are returning to their regular school from a
Consortium Discipline Alternative Program or from a Department of Services to Children, Youth and
their Families (DSCYF) setting.
4.3 The decision to place a student in the School Based Intervention Program shall be made by the
students Intervention Team. The Intervention Team shall include the building principal or assistant
principal, school nurse, counselor, social worker (if the student receives social work services), and a
teacher familiar with the student. Other individuals, including parents, guardians or Relative Caregivers,
may be invited as appropriate.
4.4 When placing an IDEA-identified student with a disability in a School Based Intervention Program,
the Intervention Team and a students IEP team may be the same as long as the membership of the
Intervention Team also meets the requirements of 14 DE Admin. Code 925. When placing a student
with a disability identified under Section 504 of the Rehabilitation Act, the Intervention Team may be the
same as a multidisciplinary team authorized to make placement decisions as long the Intervention
Team also meets the requirements of 34 C.F.R. 104.35
5.0 Evaluation of Services
Any local school district receiving a grant pursuant to this regulation shall submit an annual evaluation
report on the effectiveness of its District and School Based Intervention Services. Such report shall be
submitted as part of the LEA Consolidated Application process and shall conform to content and format
standards.
3.6 A program of assistance for students with counseling and referral to services as needed.
STATUTES
(c) Each school district and charter school shall ensure that its administrator(s), school nurses(s) and
school counselor(s) in schools serving any grade 7 through 12 receive teen dating violence and sexual
assault policies and protocol training during their first year of assignment as an administrator, school
Page 61
nurse or school counselor in 1 of those schools and at least once in every 3-year period thereafter. The
training materials and trainings shall be developed and provided by the Delaware Domestic Violence
Coordinating Council. Any in-service training required by this section shall be provided within the
contracted school year as provided in 1305(e) of this title.
(c) Department of Education role; regulations.
(1) The Department of Education shall promulgate regulations implementing this section. Such
d. Recommended or required training of public school personnel in implementing this section.
ADMINISTRATIVE CODE
601. Schools and law enforcement agencies.
4.0 Training Component
4.1 Any school administrator responsible for reporting school crimes or reporting school conduct
incidents to law enforcement and to the Department of Education; or any school administrator
responsible for reporting suspension and expulsion data to the Department; or any school administrator
responsible for any disciplinary process involving staff or students shall complete Department of
Education approved training and any such additional training the Department of Education may
prescribe from time to time.
4.2 The approved training shall be primarily provided by staff at the Department of Education. The
training may be provided by a school administrator at the district, charter school, or Alternative Program
who is qualified to provide such training by having completed the Department of Education approved
training within the last twenty-four (24) months. The district, charter school, or Alternative Program shall
provide the name(s) of the trainer(s) conducting the training and the name(s) of those school
administrator(s) attending the training if such training was provided by the district, charter school, or
Alternative Program.
4.3 Each school district, charter school, and Alternative Program shall, at the time of hiring and at the
beginning of each school year thereafter, advise each School Employee of his/her duty to report school
crimes and the penalty for failure to so report as prescribed in 14 Del.C. 4112 (e).
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STATUTES
believe that:
which occurred on school property or at a school function; or
b. A student has been the victim of:
1. A violent felony
3. Any sexual offense, as defined in 761(h) of Title 11,
and the offense was committed by another school employee regardless of whether the offense
occurred on school property or at a school function; then the school employee who has reliable
information that would lead a reasonable person to believe that a crime has been committed shall
immediately report the incident to the principal.
(2) The principal must immediately make reasonable efforts to notify the parents of any juvenile victim
and must send written notification of the incident to the parents within 3 business days. This paragraph
does not apply if the parent is alleged to be the offender.
(3) The principal shall immediately report the incident to the appropriate police agency. The report shall
be made by telephone or in person immediately and shall be followed by a written report of the school's
investigation within 3 business days.
(4) If the police agency determines that probable cause exists to believe that a crime has been
committed, or if the principal later learns that a suspect has been arrested for the offense, then the
principal must file a written report of the incident to the Department of Education within 5 days.
(5) Nothing in this section shall preclude a school employee who has reliable information that would
lead a reasonable person to believe a crime has been committed from reporting the incident to the
principal within a reasonable amount of time. In such instances where a report is made, the school
officials shall follow the procedure set forth in paragraphs (b)(2) through (6) of this section. Nothing in
this section shall abrogate the reporting requirements for child abuse or sexual abuse set forth in 903
et seq. of Title 16.
(6) Offenders under the age of 12. When a misdemeanor offense listed in this subsection has allegedly
been committed by a child under the age of 12, the principal is not required to notify the appropriate
police agency but must file a written report of the incident with the Department of Education within 5
working days. When the alleged offense is a violent felony, the appropriate police agency must be
notified by the principal of the incident even when the suspect is under the age of 12.
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(7) Sexual harassment. Whenever a school employee has reliable information that would lead a
reasonable person to believe that a student has been the victim of sexual harassment, as defined in
Title 11, which occurred on school property or at a school function, the harassment must be reported to
the principal, who, immediately after conducting a preliminary investigation to determine if good reason
exists to believe that harassment has occurred, must notify the victim's parent of that determination, if
the parent is not alleged to be the offender. The principal is not required to notify the appropriate police
agency, but must file a written report with the Department of Education.
(8) Under no circumstances shall any person who has supervisory authority over the principal or any
school board member exercise any control of, hinder or delay the lodging of any oral or written report
required to be made pursuant to this subsection or the forwarding of such report to the Department of
Education or the police. A principal (or acting principal if the principal is absent) may not delegate to or
rely upon any other person except an assistant principal to make the immediate report to the police. A
person with supervisory authority over the principal or any school board member who has knowledge of
an incident which is required to be reported under this section, and who has information that would lead
a reasonable person to believe that it has not been reported to the police, has an affirmative duty to
report the incident to the police immediately. This includes, but is not limited to, incidents in which a
school employee is a possible suspect and when an administrative review is ongoing.
e. A requirement that any school employee that has reliable information that would lead a reasonable
person to suspect that a person is a target of bullying shall immediately report it to the administration.
i. A procedure for a student and parent, guardian or relative caregiver pursuant to 202(f) of this title
or legal guardian to provide information on bullying activity. However, this paragraph does not permit
formal disciplinary action solely based on an anonymous report.
k. A requirement that all reported incidents of bullying, regardless of whether the school could
substantiate the incident be reported to the Department of Education within 5 working days pursuant
to Department of Education regulations.
STATUTES
2702. Compulsory attendance requirements; evaluation of readiness.
(d) The following provisions shall be applicable in regard to statewide minimum mandatory attendance
requirements in each school year for children in grades K through 5.
(1) Following the 10th day of unexcused absence by a student, the school shall immediately notify the
parent or parents or guardian and a visiting teacher for the district shall visit the student's home;
(2) Following the 15th day of unexcused absence by a student, the student's parent or parents or
guardian shall be notified by certified mail to appear at the school within 10 days of notification for a
conference and counseling;
(3) Following the 30th day of unexcused absence by a student, the school shall refer the case for
prosecution;
(4) Following the completion of prosecution of the case and the subsequent failure of the student to
return to school within 5 school days thereof, the school shall immediately notify the Department of
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Services for Children, Youth and Their Families requesting intervention services by the Department.
The Department shall contact the family within 10 business days.
(e) Following the tenth unexcused day of attendance by a student in grades 6 through 12 inclusive, the
building principal shall notify a visiting teacher of such unexcused days.
(f) If contacted by the school pursuant to paragraph (d)(2) of this section, each parent or guardian of a
student shall sign a contract with the district agreeing they will make every reasonable effort to:
(1) Have their child or children abide by the school code of conduct;
(2) Make certain their child attends school regularly; and
(3) Provide written documentation for the reasons for any absence.
(2) The principal must immediately make reasonable efforts to notify the parents of any juvenile victim and
must send written notification of the incident to the parents within 3 business days. This paragraph does
not apply if the parent is alleged to be the offender.
j. A requirement that a parent, guardian or relative caregiver pursuant to 202(f) of this title or legal
guardian of any target of bullying or person who bullies another as defined herein, be notified.
b. Requirement of timely parental notice in event of use of physical restraint;
problem.
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4122. Parent's failure to attend school conference with superintendent; subpoena to compel
attendance.
(a) "Parent" as used in this section means natural parent, adoptive parent, any person legally charged
with the care or custody of a student under 18 years of age, or any person who has assumed
responsibility for the care of a student under 18 years of age including any person acting as a caregiver
pursuant to the provisions of 202(f) of this title.
(b) When a parent fails to attend, participate or respond to a public school or charter school
superintendent's request for a conference to discuss matters involving alleged violations of school rules or
regulations by the parent's child, the public school or charter school superintendent or the
superintendent's designee may request that the Justice of the Peace Court issue a subpoena to compel
the presence of the parent at a conference with the superintendent.
(c) Prior to the issuance of a subpoena to compel the presence of a parent, the superintendent or a
designee must provide evidence that the superintendent or a designee has:
(1) Made a reasonable attempt to schedule the conference at a time that does not conflict with the
employment hours of the parent; and
(2) Sent written notice of the conference by regular United States mail to the address of record of the
parent, which notice shall include the reason for the conference and a statement that failure to schedule
or attend the conference may result in the issuance of a subpoena.
(d) After verifying that the superintendent or a designee has sent the required notice, the Justice of the
Peace Court may, in its discretion, issue a subpoena pursuant to Justice of the Peace Civil Rule 18 which
shall compel the presence of the parent at a conference with the superintendent.
(e) If a parent fails to obey a subpoena properly served under this section, the superintendent may file a
motion for an order holding the parent in contempt of court. The Justice of the Peace Court shall have
jurisdiction over this matter. A parent found guilty of contempt for failure to appear at a conference after
receiving a subpoena may be ordered by the Court to attend school with the student, attend family
counseling, and/or comply with such other conditions as the Court may order.
(f) Proceedings against a parent of a suspended or expelled child may also be filed pursuant to
subchapter II of Chapter 27 of this title for each day that the child is absent beyond the period of
suspension or expulsion without a valid excuse as a result of the parent's failure to attend or schedule a
conference after having received notification of the suspension or expulsion.
ADMINISTRATIVE CODE
3.0 Written Decision Required
When a school board expels a student but determines the student shall not be placed at a Consortium
Discipline Alternative Program, the school districts decision shall be in writing and address with specificity
the reason for non placement and the evidence in support thereof. Such decisions shall be submitted to
the Delaware Department of Educations Office of School Climate and Discipline within five working days
of such decision with a copy to the students parent, guardian, or Relative Caregiver.
4.0 Informing the Parents, Guardians, Relative Caregiver or Students (If the Student is Age 18 or Older)
Districts shall inform the parents, guardians, Relative Caregiver or students (if the student is age 18 or
older) of the alternative education options that are then currently available to them if the students have
been expelled or expulsion is being considered. These options may include, but are not be limited to, the
Consortium Discipline Alternative Program, a GED Program, James H. Groves High School and
continued special education and related services for children with disabilities as determined by the
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students individual eligibility for participation in such programs. A students eligibility for such alternative
education options is determined by the requirements of such programs.

STATUTES
(a) Definitions. The following words, terms and phrases, when used in this section, shall have the
meaning ascribed to them except where the context clearly indicates a different meaning:
(1) "Crime" includes a felony, misdemeanor or violation defined in the Delaware Code, as well as
behavior by a person under 18 years of age which would be considered a felony, misdemeanor or
violation if it had been committed by an adult.
(2) "Non-instructional designee" means a school employee whose primary job duty does not include
teaching students.
(3) "Notification" means direct contact by telephone, facsimile, electronic mail, Department of Education
electronic filings, in person, or by certified mail, unless otherwise designated.
(4) "Parent" includes natural parent, adoptive parent, or any person, agency, or institution that has
temporary or permanent custody or guardianship over a student.
(5) "Parent conference" includes a meeting by telephone or in person, unless otherwise designated.
(6) "Principal" means the building principal, or the equivalent of the building principal, of any public
school or charter school, or the building principal's designee.
(7) "School employee" includes all persons by a school district, attendance zone or charter school;
subcontractors such as bus drivers or security guards; substitute employees; and persons hired by or
subcontracted by other state agencies to work on school property.
(8) "School function" includes any field trip or any officially sponsored public or charter school event.
(9) "School property" means any building, structure, athletic field, sports stadium or real property that is
owned, operated, leased or rented by any public school district or charter school including, but not limited
to, any kindergarten, elementary, secondary, or vocational-technical school or charter school, or any
motor vehicle owned, operated, leased, rented or subcontracted by any public school or charter school.
(10) "School volunteer" means a person 18 years of age or older who, without compensation, renders
service to a public or charter school. "School volunteer" includes parents who assist in school activities or
chaperone school functions.
(11) "Superintendent" means the superintendent of any public school district or charter school, or the
equivalent of a superintendent, or the superintendent's designee.
(12) "Suspension" means either an external or an internal removal of a student from the general school
population.
(13) "Violent felony" means a crime designated in 4201(c) of Title 11.
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(14) "Written report" includes printed paper filings and electronic filings that can be printed.
believe that:
which occurred on school property or at a school function; or
b. A student has been the victim of:
1. A violent felony
3. Any sexual offense, as defined in 761(h) of Title 11,
and the offense was committed by another school employee regardless of whether the offense
occurred on school property or at a school function; then the school employee who has reliable
information that would lead a reasonable person to believe that a crime has been committed shall
immediately report the incident to the principal.
(2) The principal must immediately make reasonable efforts to notify the parents of any juvenile victim
and must send written notification of the incident to the parents within 3 business days. This paragraph
does not apply if the parent is alleged to be the offender.
(3) The principal shall immediately report the incident to the appropriate police agency. The report shall
be made by telephone or in person immediately and shall be followed by a written report of the school's
investigation within 3 business days.
(4) If the police agency determines that probable cause exists to believe that a crime has been
committed, or if the principal later learns that a suspect has been arrested for the offense, then the
principal must file a written report of the incident to the Department of Education within 5 days.
(5) Nothing in this section shall preclude a school employee who has reliable information that would
lead a reasonable person to believe a crime has been committed from reporting the incident to the
principal within a reasonable amount of time. In such instances where a report is made, the school
officials shall follow the procedure set forth in paragraphs (b)(2) through (6) of this section. Nothing in
this section shall abrogate the reporting requirements for child abuse or sexual abuse set forth in 903
et seq. of Title 16.
(6) Offenders under the age of 12. When a misdemeanor offense listed in this subsection has allegedly
been committed by a child under the age of 12, the principal is not required to notify the appropriate
police agency but must file a written report of the incident with the Department of Education within 5
working days. When the alleged offense is a violent felony, the appropriate police agency must be
notified by the principal of the incident even when the suspect is under the age of 12.
(7) Sexual harassment. Whenever a school employee has reliable information that would lead a
reasonable person to believe that a student has been the victim of sexual harassment, as defined in
Title 11, which occurred on school property or at a school function, the harassment must be reported to
the principal, who, immediately after conducting a preliminary investigation to determine if good reason
exists to believe that harassment has occurred, must notify the victim's parent of that determination, if
the parent is not alleged to be the offender. The principal is not required to notify the appropriate police
agency, but must file a written report with the Department of Education.
Page 68
(8) Under no circumstances shall any person who has supervisory authority over the principal or any
school board member exercise any control of, hinder or delay the lodging of any oral or written report
required to be made pursuant to this subsection or the forwarding of such report to the Department of
Education or the police. A principal (or acting principal if the principal is absent) may not delegate to or
rely upon any other person except an assistant principal to make the immediate report to the police. A
person with supervisory authority over the principal or any school board member who has knowledge of
an incident which is required to be reported under this section, and who has information that would lead
a reasonable person to believe that it has not been reported to the police, has an affirmative duty to
report the incident to the police immediately. This includes, but is not limited to, incidents in which a
school employee is a possible suspect and when an administrative review is ongoing.
school property:
(1) Any controlled substance prohibited by Title 16, or
the school employee shall immediately report the incident to the principal, who shall conduct a thorough
(d) School officials who report a crime committed by a child with a disability, as defined by 3101(2) of
this title, shall comply with 20 U.S.C. 1415(k)(6)(B) by ensuring that copies of the special education and
disciplinary records of the child are transmitted for consideration by the appropriate authorities to whom
the crime is reported. An agency reporting a crime under this section may transmit copies of the child's
special education and disciplinary records only to the extent that the transmission is permitted by the
Family Educational Rights and Privacy Act [20 U.S.C. 1232g].
(e) Penalties. Any school employee who fails to report an incident as required by subsection (b) or
subsection (c) of this section shall be guilty of a violation and shall be fined not more than $250 for a first
offense and not more than $500 for a subsequent offense. Any person with supervisory authority over the
principal or any school board member who exercises any control of, hinders or delays the lodging of any
report required to be made pursuant to this subsection or the forwarding of such report to the Department
of Education or the police shall be guilty of a class B misdemeanor.
(f) Immunity from civil liability; review of criminal complaint.
(1) Any school employee who in good faith provides information to a police agency, a principal, a
superintendent, or to the Department of Education under subsection (b) or subsection (c) of this section
shall not be held civilly liable for providing such information.
(2) Prior to lodging any criminal charge against a school employee for providing information pursuant to
subsection (b) or subsection (c) of this section to a police agency, a principal, a superintendent, or to
the Department of Education, the Attorney General's office shall be consulted to determine the
appropriateness of the charge.
(3) Any report of an actual or suspected crime made by a school employee or principal pursuant to
subsection (b) of this section shall be exempt from public disclosure pursuant to the Freedom of
Information Act as set forth in Chapter 100 of Title 29.
Page 69
(g) Confidential list of young student offenders. Following the start of each school year, the Department of
Education shall, upon request, provide to the principal of any school a list of the students enrolled in that
school for the coming year who committed offenses during the previous year which were reported to the
Department of Education pursuant to this section. The list shall remain confidential and shall be used by
the principal only for the purpose of identifying students who may be in need of beneficial programs such
as mentoring.
(h) A copy of any report required by this section to go to a principal shall be immediately submitted to the
superintendent by the principal.
(i) If any report required by this section alleges any wrongdoing involving the principal, the report shall be
given to the superintendent and the duties required of the principal by this section shall be the duties of
the superintendent.
(g) Relationship to school crime reporting law. An incident may meet the definition of bullying and also the
definition of a particular crime under state or federal law. Nothing in this section or in the policies
promulgated as a result thereof shall prevent school officials from fulfilling all of the reporting
requirements of 4112 of this title, or from reporting probable crimes that occur on school property or at a
school function which are not required to be reported under that section. Nothing in this section shall
abrogate the reporting requirements for child abuse or sexual abuse set forth in Chapter 9 of Title 16, or
any other reporting requirement under state or federal law.
problem.
ADMINISTRATIVE CODE
3.4 A written policy on how evidence is to be kept, stored and documented, so that the chain of custody
is clearly established prior to giving such evidence over to the police.
Page 70

STATUTES
4111. Disclosure of pupils' school records.
(a) Educational records of students in all public and private schools in this State are deemed to be
confidential. Educational records may be released, and personally identifiable information contained
therein disclosed, only in accordance with rules and regulations of the Department of Education. Such
rules and regulations shall authorize the release of educational records upon written consent and shall
establish the other terms and conditions on which educational records may and must be released.
(b) The provisions of subsection (a) of this section notwithstanding, educational institutions and programs
operating in this State, including postsecondary institutions and programs regulated by a state agency,
shall disclose to the Department such education records, and personally identifiable information
contained therein, necessary for the audit or evaluation of state and federal education programs in
accordance with the terms and conditions of a written agreement negotiated between the Department and
each educational institution or program from which education records are sought. Such agreements shall:
(1) State the term of the agreement;
(2) Comply with the requirements of the Family Educational Rights and Privacy Act Regulations set
forth in 34 CFR Part 99 regarding the Department's use, compilation, maintenance, protection,
distribution, re-disclosure and return/destruction of education records obtained hereunder;
(3) Specify the data elements to be disclosed by the educational institution or program;
(4) State the purpose for which the information will be used;
(5) Prohibit any disclosure of education records or personally identifiable information contained therein
by an educational institution or program in violation of applicable state or federal privacy laws;
(6) Prohibit any modification or amendment except by written agreement duly executed by the parties;
and
(7) Contain such additional provisions as agreed upon.
All disclosures required by this section shall be for the purpose of ensuring the effectiveness of publiclyfunded programs by connecting pre-kindergarten through grade 12 and post-secondary data, and sharing
information to improve early childhood and workforce programs as set forth in Delaware's State Fiscal
Stabilization Plan and Delaware's Race to the Top Plan, or as otherwise approved by the P-20 Council.
(c) All public and private schools in this State shall allow parents and eligible students to inspect and
review the education records of their children or themselves who are, or have been, in attendance at the
school. The right to inspect and review educational records shall be in accordance with rules and
regulations of the Department of Education.
(d) No cause of action or claim for relief, civil or criminal, shall lie or damages be recoverable against any
school officer or employee by reason of such officer's or employee's participation in the formulation of
such records or any statements made or of judgments expressed therein concerning a student's
academic performance, personal conduct, health, habits, school related activities or potential; nor by
reason of the disclosure of the records or personally identifiable information from the records, nor lack of
access thereto, in accordance with subsections (a) through (c) of this section.
Page 71

STATUTES
3807. State Board of Education; Department of Public Safety.
The Department of Safety and Homeland Security and the Department of Education shall both have the
power to monitor and evaluate the projects and programs under this chapter, and to make comments and
suggestions to the Division.
Education.
a. Requirement of uniform public school data collection on each use of physical restraint, by school,
which includes demographic information on affected students such as age, gender, race, ethnicity,
and disability category, if any;
Page 72
(2) To facilitate data collection and analysis, the Department of Education may adopt a uniform
reporting document and may require reporting of data in a standardized electronic or nonelectronic
format.
(3) The Department of Education shall issue an annual report on use of physical restraint which
includes rates of usage by school and by subcategories identified in paragraph (c)(1)a. of this section,
identifies trends, and analyzes significant results.
ADMINISTRATIVE CODE
3.1 Each local school district and charter school shall have an electronic copy of its current student
rights and responsibilities policy(s) on file with the Department of Education.
3.2 Each local school district and charter school shall provide an electronic copy of any student rights
and responsibilities policy(s) to the Department within ninety (90) days of such revision(s) regardless of
whether said revisions were made as a result of changes to Federal, state or local law, regulations,
guidance or policies.
6.1 Each district shall establish an Alternative Placement Team to review each case and prescribe the
appropriate placement for students. The Placement Team, in concert with the Consortium Discipline
Alternative Program staff, shall design an Individual Service Plan (ISP) for each student that will include
educational goals, behavioral goals, and services needed by both students and their families. The ISP
shall include a tentative transition plan.
13.0 Evaluation
The Department of Education shall annually evaluate the effectiveness of the Consortium Discipline
Alternative Programs using criteria that includes student demographic data, types of interventions
employed, and prior versus subsequent behavioral and academic patterns, parent involvement, agency
involvement and recidivism. In addition, the Department of Education shall annually review the decisions
acquired pursuant to Section 3.0 to assess the reasons for non-placement of students in the alternative
programs, including lack of space and number, age, race and special education status of excluded
students by district and charter school. Grantees shall compile and submit data based on uniform
standards and format established by the Department.
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Each school district and charter school shall have a policy on file and update it periodically
Page 74


ADMINISTRATIVE CODE
3.0 Written Policy and Memorandum of Agreement (MOA)
3.1 All local school districts, charter schools, and Alternative Programs shall establish a written policy on
effectively communicating and working with law enforcement agencies. Each school district, charter
school and Alternative Program shall develop a Memorandum of Agreement (MOA) with each law
enforcement agency which provides services to it. Each MOA shall be in a form substantially similar to
a Model MOA as developed, approved and from time to time revised by the Department of Education.
3.2 The Department shall review the Model MOA and each school district, charter school, or Alternative
Program shall review its current MOA at least once every three years.
Page 75

STATUTES
(1) The Delaware Department of Education shall collaborate with the Delaware Department of Justice to
develop a model policy, that may change from time to time, that is applicable to kindergarten through
grade 12, and post this policy, along with the contact information for the School Ombudsman, on their
websites in order to assist the school districts and charter schools. In addition, the Department of
Education shall promulgate a uniform cyberbullying policy, which shall be based upon a model
prepared by the Department of Justice and public comment upon that model. This uniform cyberbullying
policy shall be formally adopted as written by each charter school and school district within 90 days of
becoming final.
(4) The Department of Education shall conduct random audits of schools to insure compliance with
paragraphs (b)(2)i. and (b)(2)k. of this section. The Department shall report the results of these audits
annually.
4123A. School bullying prevention and criminal youth gang detection training.
(a) Each school district and charter school shall ensure that its public school employees receive
combined training each year totaling 1 hour in the identification and reporting of criminal youth gang
activity pursuant to 617 of Title 11 and bullying prevention pursuant to 4112D of this title. The training
materials shall be prepared by the Department of Justice and the Department of Education in
collaboration with law enforcement agencies, the Delaware State Education Association, the Delaware
School Boards Association and the Delaware Association of School Administrators.
ADMINISTRATIVE CODE
4.0 Training Component
4.1 Any school administrator responsible for reporting school crimes or reporting school conduct
incidents to law enforcement and to the Department of Education; or any school administrator
responsible for reporting suspension and expulsion data to the Department; or any school administrator
responsible for any disciplinary process involving staff or students shall complete Department of
Education approved training and any such additional training the Department of Education may
prescribe from time to time.
4.2 The approved training shall be primarily provided by staff at the Department of Education. The
training may be provided by a school administrator at the district, charter school, or Alternative Program
who is qualified to provide such training by having completed the Department of Education approved
training within the last twenty-four (24) months. The district, charter school, or Alternative Program shall
provide the name(s) of the trainer(s) conducting the training and the name(s) of those school
administrator(s) attending the training if such training was provided by the district, charter school, or
Alternative Program.
Page 76
4.3 Each school district, charter school, and Alternative Program shall, at the time of hiring and at the
beginning of each school year thereafter, advise each School Employee of his/her duty to report school
crimes and the penalty for failure to so report as prescribed in 14 Del.C. 4112 (e).
STATUTES
1602. Appropriation.
The General Assembly shall annually provide an appropriation for the operation of the Comprehensive
School Discipline Improvement Program in the budget appropriation bill. From the funds appropriated, the
Department may allocate funds to the public school districts for the financial support of various
components of the program.
(1) The Council shall issue prevention funding to local school districts proposing to establish an integrated
plan to deliver prevention services including, but not limited to, academic tutoring and student mentoring
programs to provide at-risk students with the extra help they may need to succeed academically and with
positive adult role models; outreach programs to promote parental, family and community involvement in
students' academic studies and in reducing and resolving school discipline problems; school-linked
support services to help students with family or health problems that may be adversely affecting their
academic performance and their conduct at school; training to help students and school personnel
resolve conflicts peacefully and non-disruptively; and assistance to help teachers better manage the
behavior of students in their classrooms.
(3) The Council shall provide technical assistance to districts preparing applications and ongoing
assistance to districts awarded funding pursuant to this section.
3803. Division of Substance Abuse and Mental Health.
(a) The Division of Substance Abuse and Mental Health shall allocate and award all funds appropriated
for any purposes set forth in 3801 and elsewhere in this chapter. Such funds shall be awarded only to
programs or projects, undertaken jointly by a law enforcement entity and a local school district or other
public school entity, to prevent and/or suppress substance abuse and the trafficking of prohibited or
controlled substances in the public schools. All applications for such funds shall be applications made
jointly by the school and law enforcement entities involved in the proposed project.
(b) In the allocation and awarding of funds to joint law enforcement and public school recipients, the
Division shall obtain the comments and recommendations of the State Drug-free School Advisory
Committee. All allocation and awarding of funds by the Division shall be in accordance with the
Administrative Procedures Act, and with those guidelines promulgated by the State Drug-free School
Advisory Committee which do not conflict with existing state laws.
(c) Each application shall be accompanied by a fiscal note, prepared by the joint applicants, which sets
forth all anticipated first-year costs and the anticipated total costs of the project or program. The Division
may return any application to the applicant with a request that any or all expenses be more fully set out,
together with the applicant's explanations or reasons for each projected cost or expense.
Page 77
obtained.
alcohol programs;
the program;
prevention program.
committee.
3806. Utilization of funds.
(a) Funds shall be awarded primarily for projects undertaken jointly by the school district or other public
school entity, and a law enforcement entity. In participating in any joint application for the funds, the public
school entity shall consult with the superintendent of each affected school. Any funds disbursed under
this chapter are supplemental to and shall not supplant local funds which would, in the absence of this
Page 78
chapter, be otherwise available to suppress and prevent drug and alcohol abuse among school age
children, or which otherwise would be used to curtail drug and alcohol trafficking in and around schools,
parks and playgrounds.
(b) When applying for funds under this chapter, the local law enforcement entity and the public school
entity may jointly enter into those agreements between themselves which would allow and facilitate the
administrative, fiscal and operational responsibilities created by their joint project or program.
(c) Funds disbursed under the provisions of this chapter shall be utilized primarily for enhanced
apprehension, prevention, and education efforts, and for obtaining material and information resources
relating to drug and alcohol abuse and drug trafficking in and around schools, parks and playgrounds.
Enhanced apprehension, prevention and education efforts shall include, but are not limited to:
(1) Drug and alcohol trafficking intervention programs;
(2) School and classroom oriented programs, each of which shall utilize a tested drug and alcohol
education curriculum that provides in-depth and accurate information on drugs and alcohol. Such
programs may include the participation of local law enforcement agencies and/or qualified drug and
alcohol use prevention specialists. Each such program shall be designed to increase, in both teachers
and students, an awareness of the dangers of drugs and alcohol;
(3) Family-oriented programs aimed at preventing drug and alcohol abuse, which programs may include
the participation of any community-based organization which is experienced in the successful operation
of a family-oriented program;
(4) Development and distribution of appropriate written and audio-visual aids for the training of persons
not otherwise trained or experienced in the handling of drug and alcohol-related problems and offenses
within the public schools;
(5) Development of prevention and intervention programs for elementary school teachers and students,
including utilization of existing prevention and intervention programs, where appropriate;
(6) Development of a coordinated intervention system that identifies "at-risk" students, and students
with chronic drug and alcohol abuse problems.
(2) Distribution of the Comprehensive School Discipline Improvement Program funds to a school district
and charter school provided in the General Appropriations Act starting in fiscal year 2009 and thereafter
is contingent upon Department of Education approval of the school district's or charter school's bullying
prevention policy.
(3) To the extent that funding is available the State Department of Education will provide for an award
system for schools with exemplary programs based on criteria promulgated by the Delaware
ADMINISTRATIVE CODE
609 District and school based intervention services
2.0 Application for Funding
2.1 Any school district requesting an incentive or supplemental grant to provide intervention services
shall apply for such funds using the LEA Consolidated Application process provided by the Department
of Education.
2.2 Any incentive or supplemental grant approved as part of the LEA Consolidated Application process
shall be in the amount appropriated for that purpose by law.
Page 79
Other/Uncategorized
STATUTES
conscience.
(f) Immunity from civil liability; review of criminal complaint. (1) Any school employee who in good faith
provides information to a police agency, a principal, a superintendent, or to the Department of Education
under subsection (b) or subsection (c) of this section shall not be held civilly liable for providing such
information.
(e) Immunity. A school employee, school volunteer or student is individually immune from a cause of
action for damages arising from reporting bullying in good faith and to the appropriate person or persons
using the procedures specified in the school district and charter school's bullying prevention policy, but
there shall be no such immunity if the act of reporting constituted gross negligence and/or reckless, wilful
or intentional conduct.
4112E. School Teen Dating Violence and Sexual Assault Act.
(f) Immunity. A school employee, school volunteer or student is individually immune from a cause of
action for damages arising from reporting teen dating violence and/or sexual assault in good faith and to
the appropriate person or persons using the procedures specified in the school district or charter school's
teen dating violence and sexual assault policy, but there shall be no such immunity if the act of reporting
constituted gross negligence and/or reckless, wilful or intentional conduct.

STATUTES
Page 80
within a county.
all other sources.
this section.
under this section.
1604A. Site selection for alternative educational facilities.
(a) New alternative school programs funded on or after July 1, 2002, or alternative school programs
except for those located on school property currently funded pursuant to 1604 of this title that change
locations on or after July 1, 2002, shall be subject to the following process:
(1) The school district or consortium of school districts shall notify by mail the Secretary of Education
and every property owner located within 200 feet of the site's boundary lines that there is a plan to
establish an alternative educational facility for children exhibiting discipline problems on the site. The
notice must include the date, time and location of an informational meeting that will explain the details
of the site, facility and program plans.
(2) The school district or consortium of school districts shall notify city council members and state
legislators who represent residents of the school district in which the proposed site is located and the
chief elected official of the county and town or city in which the proposed site is located of the time, date
and location of the informational meeting. Further, the school district or consortium of school districts
shall publish public notice of the time, date and location of the informational meeting once a week for 2
weeks in a newspaper in general circulation in the school district of the proposed site selection.
(3) Written comments shall be directed to the superintendent of the district in which the facility is to be
located within 10 business days of the informational meeting.
Page 81
a. If there are objections to the proposed site by at least 5 citizens who reside within 200 feet of the
site or by at least 25 citizens who reside within the school district in which the site is located, the local
school board shall hold a special public meeting to consider the concerns of the community and the
responses of the school district or consortium of school districts proposing the facility site.
b. The local school board shall take action on the proposed site at its next regularly scheduled
meeting after the informational meeting or special public meeting, whichever occurs last. The decision
by the local school board is final and not subject to appeal.
(b) This section does not apply to a facility site that is located in a public school building or on the grounds
of a public school building or on land owned by a reorganized school district, vocational-technical school
district or charter school.
1605. School and district level component.
The Department of Education shall be authorized to approve and provide financial support for programs
to provide alternative educational and related services to disruptive students in the public schools. This
component will serve students, in schools enrolling pupils in grades K through 12, who are causing
repeated disruptions in the regular classes to which they are assigned. Services may be delivered in a
variety of modes with students assigned to the specific programs for short- or long-term assistance.
Programs authorized under this section could also serve as a transition for youngsters returning from
programs operated under the provisions of 1604 of this title. The Department of Education shall provide
rules and regulations for the conduct of programs authorized under this section subject to the following
limitations:
(1) School districts shall be permitted to use personnel authorized by any of the provisions of this title to
establish alternative educational and related service programs for disruptive students. Such personnel
shall continue to be paid in accordance with salary schedules specified in Chapter 13 of this title.
(2) In the event that a school district uses personnel authorized under various sections of this title to
establish and operate a program for disruptive students, the district may elect to employ 2 service aides
or 2 instructional aides, paid in accordance with 1324 of this title, in lieu of 1 staff member paid in
accordance with 1305 of this title.
(3) Any school which either enrolls pupils in at least 2 of the grades 3 through 12 or enrolls pupils solely
in 1 or more of grades K through 3, and which establishes a program for disruptive students in
accordance with the provisions of this section and the rules and regulations of the Department of
Education may make application to the Department for an incentive grant to help defray the cost of
operating such program. No school may qualify for more than 1 incentive grant per fiscal year, and all
applications for such grants must have the prior approval of the board of education of the school district
in which the applicant school is located. The maximum dollar value of an incentive grant shall be
specified in the annual budget appropriation bill. Funds available to the Department of Education shall
be allocated on a competitive basis if in any fiscal year more schools are eligible for funding than there
are funds appropriated for the incentive grants.
(4) Funds provided to a school under an incentive grant provided under paragraph (3) of this section
may be used for any purpose that Division I or II funds may be used, provided, however, that such
funds shall not be used to pay salaries to employees beyond the state-supported salaries specified in
Chapter 13 of this title.
(5) To achieve the most cost-effective impact from the incentive funds authorized by this section and to
increase the coordination of services by schools and other governmental and nongovernmental social
service agencies consistent with 1607 of this title, schools and school districts shall consider
contracting for educational or related goods and services with the State Departments of Services for
Children, Youth and Their Families and Health and Social Services, and other governmental and
Page 82
nongovernmental social service agencies using funds authorized by this section. Each school filing a
report pursuant to paragraph (6) of this section shall include information regarding the provisions of this
paragraph (5).
(6) All schools receiving an incentive grant pursuant to paragraph (3) of this section shall submit an
annual evaluation report on the effectiveness of the program to the Department of Education. The
report shall be in a format and shall include the data and information specified by the Department.
(7) To receive a supplemental grant greater than the dollar amount for base grants funded in support of
programs defined in this section by the annual budget act, schools shall establish a site-based
committee in the school to govern discipline matters and shall meet the criteria set forth in this
subdivision. Supplemental grants shall be available for grades 7, 8, 9 and 10 only. The annual budget
act shall establish the dollar amount of such supplemental grants. Before issuing funding pursuant to
this subdivision, the Department shall determine that the school's application meets the following
criteria:
a. The grant application must certify that the majority of the members of the school level committee
are members of the school professional staff, of which a majority shall be instructional staff; that the
committee contains representatives of the support staff, student body (for schools enrolling students,
grades 7 through 12), parents and the community; that representatives of the employee groups are
chosen by members of each respective group and representatives of the nonemployee groups are
appointed by the local board of education; and that the committee operates on the 1-person, 1-vote
principle for reaching all decisions.
b. The grant application must certify that the committee has the authority, within established local
district budgetary guidelines and at its sole discretion, to:
1. Establish a school code of conduct which defines the roles and responsibilities of all members of
the school community (administrators, teachers, support staff, contracted service personnel,
students, families and child/family advocates) and which is consistent with the established state and
federal laws, state and federal regulations, local board policies, local district codes of conduct and
local district budgetary guidelines, unless relevant waivers have been granted.
2. Hear concerns from a staff member dissatisfied with the disposition of any disciplinary matter by
the school administration;
3. Refer students to programs defined in 1604 of this title; provided, however, that any child with
disabilities be referred to such programs through the child's Individualized Education Plan;
4. Design, approve and oversee the implementation of programs established in the school as
defined in this chapter;
5. Establish and enforce the school's attendance policy, including mandating attendance in
programs established in paragraph 7. of this subdivision;
6. Establish extended day, week or year programs, for students with discipline or attendance
problems, or at risk of academic failure, that provide for the assessment of penalties for violations of
school discipline or attendance policies and for academic acceleration and tutoring, mentoring and
counseling services for such students and their families as an integral program component;
7. Establish staff development programs for conflict resolution for all school staff, and establish
programs in classroom and behavioral management for schools staff identified as needing
improvement;
8. Design student mentoring, conflict resolution and/or peer counseling programs for all students,
especially for those who are identified as having chronic discipline, academic or attendance
problems.
Page 83

The Family Services Cabinet Council (Council), with the Department of Education and the Department of
Services for Children, Youth and Their Families acting as lead agencies, shall administer a program to
offer prevention-related student support services (prevention services) to students to prevent them from
becoming discipline problems and from failing academically in our schools. Within the limits of
appropriations made for this purpose, the Council shall provide rules and regulations for the award of
prevention grants and the conduct of prevention programs authorized under this section, subject to the
(1) The Council shall issue prevention funding to local school districts proposing to establish an
integrated plan to deliver prevention services including, but not limited to, academic tutoring and
student mentoring programs to provide at-risk students with the extra help they may need to succeed
academically and with positive adult role models; outreach programs to promote parental, family and
community involvement in students' academic studies and in reducing and resolving school discipline
problems; school-linked support services to help students with family or health problems that may be
adversely affecting their academic performance and their conduct at school; training to help students
and school personnel resolve conflicts peacefully and non-disruptively; and assistance to help teachers
better manage the behavior of students in their classrooms.
(2) Applications for funding pursuant to this section shall be made by school districts in accordance with
procedures and standards established by the Council. Each applicant shall set forth an integrated plan
to provide prevention services consistent with paragraph (1) of this section. To avoid duplication of
effort, maximize the impact of limited resources, and increase the effect of efforts by state, local,
community and private, nonprofit agencies through increased coordination and cooperation, the Council
shall give preference to applications which:
a. Are submitted by 2 or more school districts working in concert, where appropriate;
b. Include private, nonprofit agencies and community organizations as partners in the application, and
identify the roles those agencies and organizations are to play in delivering prevention services in the
community;
c. Indicate how grants from the federal government and foundations will be used or sought to help
deliver prevention services in the community; and
d. Identify the roles state and local agencies are to play in delivering prevention services in the
community.
(3) The Council shall provide technical assistance to districts preparing applications and ongoing
assistance to districts awarded funding pursuant to this section.
(4) The Council shall establish a timetable for the award of grants pursuant to this section which shall
provide, at minimum, for a period of 1 month for joint planning between the Council and the applicants
that the Counsel selects as finalists eligible for a funding award. During such joint planning, the Council
and the applicant shall refine the applicant's prevention plan, ensure that the plan makes cost-effective
use of the resources and services of state, local, community and private, nonprofit agencies, and
consider the incorporation of successful elements of other districts' prevention programs into the
applicant's plans. Final awards shall be made by the Council on or before January 15 of each year for
the subsequent school year, contingent upon the appropriation of funds for such purpose in the annual
appropriations act.
Page 84
obtained.
alcohol programs;
the program;
prevention program.
committee.
Page 85
Other/Uncategorized
Page 86

School Discipline
resources provided by Delaware provide additional context to state policy and regulations and, in some
Title
Description
School Climate & Discipline
http://www.doe.k12.de.us/infosuites/student
s_family/climate/default.shtml
Mandatory School Crime

Reporting Training
Power Point
s_family/climate/files/School_Conduct_Rep
orting_2012.pdf
Bullying Prevention
Training
Power Point
s_family/climate/files/BullyingPreventionTrai
ning_2012_VO_Final2.pps
Gang ID Training
Power Point
s_family/climate/files/Gang_Training_for_W
eb2Final.pps
Website
Delaware Department of
Education
Documents
found
Other Resources
Page 87
Florida
Discipline Laws and
Regulations
Introduction
document.
Notes & Disclaimers

Prepared by:
Child Trends
Suite 1200W
Suite 110
Table of Contents
Florida State Codes Cited .......................................................................................................................... 1
Scope ........................................................................................................................................................ 5
Other weapons ........................................................................................................................................ 29
Substance use......................................................................................................................................... 33
Prevention ............................................................................................................................................... 39
Florida State Codes Cited

Florida Revised Statutes
Title XLVI. Crimes
Chapter 790. Weapons and Firearms
790.115.
Possessing or discharging weapons or firearms at a school-sponsored event or on school

property prohibited; penalties; exceptions
Title XLVIII. K-20 Education Code

Chapter 1002. Student and Parental Rights and Educational Choices
Part II. Student and Parental Rights
1002.22.
1002.221.
Education records and reports of K-12 students; rights of parents and students;
notification; penalty
K-12 education records
Chapter 1003. Public K-12 Education

Part I. General Provisions
1003.02.
1003.04.
District school board operation and control of public K-12 education within the school
district
Student conduct and parental involvement
Part II. School Attendance

1003.26.
1003.29.
Enforcement of school attendance

Notice to schools of court action
Part III. Control of Students

1003.31.
1003.32.
Students subject to control of school

Authority of teacher; responsibility for control of students; district school board and
principal duties
Part V. Specialized Instruction for Certain K-12 Students

1003.53.
1003.54.
1003.573.
Dropout prevention and academic intervention

Teenage parent programs
Use of restraint and seclusion on students with disabilities
Chapter 1006. Support for Learning

Part I. Public K-12 Education Support for Learning and Student Services
Subpart C. Student Discipline and School Safety
1006.07.
1006.08.
1006.09.
1006.10.
District school board duties relating to student discipline and school safety
District school superintendent duties relating to student discipline and school safety
Duties of school principal relating to student discipline and school safety
Authority of school bus drivers and district school boards relating to student discipline and
student safety on school buses
Florida Compilation of School Discipline Laws and Regulations
Page 1
1006.11.
1006.12.
1006.13.
1006.135.
1006.14.
1006.147.
1006.148.
Standards for use of reasonable force

School resource officers and school safety officers
Policy of zero tolerance for crime and victimization
Hazing at high schools with grades 9-12 prohibited
Secret societies prohibited in public K-12 schools
Bullying and harassment prohibited
Dating violence and abuse prohibited
Florida Administrative Code

Page 2
General Provisions
STATUTES
1003.02. District school board operation and control of public K-12 education within the school
district.
As provided in part II of chapter 1001, district school boards are constitutionally and statutorily charged
with the operation and control of public K-12 education within their school district. The district school
boards must establish, organize, and operate their public K-12 schools and educational programs,
employees, and facilities. Their responsibilities include staff development, public K-12 school student
education including education for exceptional students and students in juvenile justice programs, special
programs, adult education programs, and career education programs. Additionally, district school boards
must:
(1) Provide for the proper accounting for all students of school age, for the attendance and control of
students at school, and for proper attention to health, safety, and other matters relating to the welfare of
students in the following fields:
(a) Admission, classification, promotion, and graduation of students. Adopt rules for admitting,
classifying, promoting, and graduating students to or from the various schools of the district.
(b) Enforcement of attendance laws. Provide for the enforcement of all laws and rules relating to the
attendance of students at school. District school boards are authorized to establish policies that allow
accumulated unexcused tardies, regardless of when they occur during the school day, and early
departures from school to be recorded as unexcused absences. District school boards are also
authorized to establish policies that require referral to a schools child study team for students who
have fewer absences than the number required by s. 1003.26(1)(b).
(c) Control of students.
1. Adopt rules for the control, attendance, discipline, in-school suspension, suspension, and
expulsion of students and decide all cases recommended for expulsion.
2. Maintain a code of student conduct as provided in chapter 1006.
1003.31. Students subject to control of school.
(1) Subject to law and rules of the State Board of Education and of the district school board, each student
enrolled in a school shall:
(d) During a reasonable time before and after the student is on the premises for attendance at school or
for authorized participation in a school-sponsored activity, and only when on the premises, be under the
control and direction of the principal or teacher in charge of the school, and under the immediate control
and direction of the teacher or other member of the instructional staff or of the bus driver to whom such
responsibility may be assigned by the principal. However, the State Board of Education or the district
school board may, by rules, subject each student to the control and direction of the principal or teacher
in charge of the school during the time she or he is otherwise en route to or from school or is presumed
by law to be attending school. Each district school board, each district school superintendent, and each
school principal shall fully support the authority of teachers, according to s. 1003.32, and school bus
drivers to remove disobedient, disrespectful, violent, abusive, uncontrollable, or disruptive students from
Page 3
the classroom and the school bus and, when appropriate and available, place such students in an
alternative educational setting.
1003.573. Use of restraint and seclusion on students with disabilities.
(3) School district policies and procedures.
(a) Each school district shall develop policies and procedures that are consistent with this section and
that govern the following:
1. Incident-reporting procedures.
2. Data collection and monitoring, including when, where, and why students are restrained or
secluded; the frequency of occurrences of such restraint or seclusion; and the prone or mechanical
restraint that is most used.
3. Monitoring and reporting of data collected.
4. Training programs relating to manual or physical restraint and seclusion.
5. The districts plan for selecting personnel to be trained.
6. The districts plan for reducing the use of restraint and seclusion particularly in settings in which it
occurs frequently or with students who are restrained repeatedly, and for reducing the use of prone
restraint and mechanical restraint. The plan must include a goal for reducing the use of restraint and
seclusion and must include activities, skills, and resources needed to achieve that goal. Activities may
include, but are not limited to:
a. Additional training in positive behavioral support and crisis management;
b. Parental involvement;
c. Data review;
d. Updates of students functional behavioral analysis and positive behavior intervention plans;
e. Additional student evaluations;
f. Debriefing with staff;
g. Use of schoolwide positive behavior support; and
h. Changes to the school environment.
(b) Any revisions to the districts policies and procedures, which must be prepared as part of its special
policies and procedures, must be filed with the bureau chief of the Bureau of Exceptional Education and
Student Services no later than January 31, 2012.
1006.07. District school board duties relating to student discipline and school safety.
The district school board shall provide for the proper accounting for all students, for the attendance and
control of students at school, and for proper attention to health, safety, and other matters relating to the
welfare of students.
1006.13. Policy of zero tolerance for crime and victimization.
(2) Each district school board shall adopt a policy of zero tolerance that:
(a) Defines criteria for reporting to a law enforcement agency any act that occurs whenever or wherever
students are within the jurisdiction of the district school board.
(b) Defines acts that pose a serious threat to school safety.
(c) Defines petty acts of misconduct.
(d) Minimizes the victimization of students, staff, or volunteers, including taking all steps necessary to
protect the victim of any violent crime from any further victimization.
Page 4
(e) Establishes a procedure that provides each student with the opportunity for a review of the
disciplinary action imposed pursuant to s. 1006.07.
1006.147. Bullying and harassment prohibited.
(4) By December 1, 2008, each school district shall adopt a policy prohibiting bullying and harassment of
any student or employee of a public K-12 educational institution. Each school districts policy shall be in
substantial conformity with the Department of Educations model policy mandated in subsection (5). The
school district bullying and harassment policy shall afford all students the same protection regardless of
their status under the law. The school district may establish separate discrimination policies that include
categories of students.
1006.148. Dating violence and abuse prohibited.
(1) Each district school board shall adopt and implement a dating violence and abuse policy. The policy
shall:
(a) Prohibit dating violence and abuse by any student on school property, during a school-sponsored
activity, or during school-sponsored transportation.
(b) Provide procedures for responding to such incidents of dating violence or abuse, including
accommodations for students experiencing dating violence or abuse.
(c) Define dating violence and abuse and provide for a teen dating violence and abuse component in
the health education curriculum, according to s. 1003.42(2)(n), with emphasis on prevention education.
(d) Be implemented in a manner that is integrated with a school districts discipline policies.
Scope
STATUTES
(1) Subject to law and rules of the State Board of Education and of the district school board, each student
enrolled in a school shall:
(a) During the time she or he is being transported to or from school at public expense;
(b) During the time she or he is attending school;
(c) During the time she or he is on the school premises participating with authorization in a schoolsponsored activity; and
(d) During a reasonable time before and after the student is on the premises for attendance at school or
for authorized participation in a school-sponsored activity, and only when on the premises, be under the
control and direction of the principal or teacher in charge of the school, and under the immediate control
and direction of the teacher or other member of the instructional staff or of the bus driver to whom such
responsibility may be assigned by the principal. However, the State Board of Education or the district
school board may, by rules, subject each student to the control and direction of the principal or teacher
in charge of the school during the time she or he is otherwise en route to or from school or is presumed
by law to be attending school.
(2) There is a rebuttable presumption that the term reasonable time means 30 minutes before or after
the activity is scheduled or actually begins or ends, whichever period is longer. A school or district school
board may, by policy or other formal action, assume a longer period of supervision. Casual or incidental
contact between school district personnel and students on school property shall not result in a legal duty
to supervise outside of the reasonable times set forth in this section, provided that parents shall be
advised in writing twice per year or by posted signs of the schools formal supervisory responsibility and
Page 5
that parents should not rely on additional supervision. The duty of supervision shall not extend to anyone
other than students attending school and students authorized to participate in school-sponsored activities.
(2) Bullying or harassment of any student or employee of a public K-12 educational institution is
prohibited:
(a) During any education program or activity conducted by a public K-12 educational institution;
(b) During any school-related or school-sponsored program or activity or on a school bus of a public K12 educational institution; or
(c) Through the use of data or computer software that is accessed through a computer, computer
system, or computer network of a public K-12 educational institution.
(7) (a) The physical location or time of access of a computer-related incident cannot be raised as a
defense in any disciplinary action initiated under this section.
shall:
(d) Be implemented in a manner that is integrated with a school districts discipline policies.
STATUTES
(2) Code of Student Conduct. Adopt a code of student conduct for elementary schools and a code of
student conduct for middle and high schools and distribute the appropriate code to all teachers, school
personnel, students, and parents, at the beginning of every school year. Each code shall be organized
and written in language that is understandable to students and parents and shall be discussed at the
beginning of every school year in student classes, school advisory council meetings, and parent and
teacher association or organization meetings. Each code shall be based on the rules governing student
conduct and discipline adopted by the district school board and shall be made available in the student
handbook or similar publication.
Page 6
STATUTES
1003.32. Authority of teacher; responsibility for control of students; district school board and
principal duties.
(3) A teacher may send a student to the principals office to maintain effective discipline in the classroom
and may recommend an appropriate consequence consistent with the student code of conduct under s.
1006.07. The principal shall respond by employing the teachers recommended consequence or a more
serious disciplinary action if the students history of disruptive behavior warrants it. If the principal
determines that a lesser disciplinary action is appropriate, the principal should consult with the teacher
prior to taking disciplinary action.
(5) If a teacher removes a student from class under subsection (4), the principal may place the student in
another appropriate classroom, in in-school suspension, or in a dropout prevention and academic
intervention program as provided by s. 1003.53; or the principal may recommend the student for out-ofschool suspension or expulsion, as appropriate. The student may be prohibited from attending or
participating in school-sponsored or school-related activities. The principal may not return the student to
that teachers class without the teachers consent unless the committee established under subsection (6)
determines that such placement is the best or only available alternative. The teacher and the placement
review committee must render decisions within 5 days of the removal of the student from the classroom.
1003.53. Dropout prevention and academic intervention.
(d) 6. Prior to assignment of students to second chance schools, district school boards are encouraged to
use alternative programs, such as in-school suspension, which provide instruction and counseling leading
to improved student behavior, a reduction in the incidence of truancy, and the development of more
effective interpersonal skills.
(2)(d)2. Any student who violates the dress policy described in subparagraph 1. is subject to the following
disciplinary actions:
a. For a first offense, a student shall be given a verbal warning and the school principal shall call the
students parent or guardian.
b. For a second offense, the student is ineligible to participate in any extracurricular activity for a period
of time not to exceed 5 days and the school principal shall meet with the students parent or guardian.
c. For a third or subsequent offense, a student shall receive an in-school suspension pursuant to s.
1003.01(5) for a period not to exceed 3 days, the student is ineligible to participate in any
extracurricular activity for a period not to exceed 30 days, and the school principal shall call the
students parent or guardian and send the parent or guardian a written letter regarding the students inschool suspension and ineligibility to participate in extracurricular activities.
1006.10. Authority of school bus drivers and district school boards relating to student discipline
and student safety on school buses.
(2) The district school board shall require a system of progressive discipline of transported students for
actions which are prohibited by the code of student conduct. Disciplinary actions, including suspension of
Page 7
students from riding on district school board owned or contracted school buses, shall be subject to district
school board policies and procedures and may be imposed by the principal or the principals designee.
The principal or the principals designee may delegate any disciplinary authority to school bus drivers
except for suspension of students from riding the bus.

STATUTES
1003.04. Student conduct and parental involvement.
(2) The parent of each public K-12 student must cooperate with the authority of the students district
school board, superintendent, principal, teachers, and school bus drivers, according to ss.1003.31 and
1003.32, to remove the student from the classroom and the school bus and, when appropriate and
available, to place the student in an alternative educational setting, if the student is disobedient,
disrespectful, violent, abusive, uncontrollable, or disruptive.
(1) Each district school board, each district school superintendent, and each school principal shall fully
support the authority of teachers, according to s. 1003.32, and school bus drivers to remove disobedient,
disrespectful, violent, abusive, uncontrollable, or disruptive students from the classroom and the school
bus and, when appropriate and available, place such students in an alternative educational setting.
principal duties.
Subject to law and to the rules of the district school board, each teacher or other member of the staff of
any school shall have such authority for the control and discipline of students as may be assigned to him
or her by the principal or the principals designated representative and shall keep good order in the
classroom and in other places in which he or she is assigned to be in charge of students.
(1) In accordance with this section and within the framework of the district school boards code of
student conduct, teachers and other instructional personnel shall have the authority to undertake any of
the following actions in managing student behavior and ensuring the safety of all students in their
classes and school and their opportunity to learn in an orderly and disciplined classroom:
(a) Establish classroom rules of conduct.
(b) Establish and implement consequences, designed to change behavior, for infractions of classroom
rules.
(c) Have disobedient, disrespectful, violent, abusive, uncontrollable, or disruptive students removed
from the classroom for behavior management intervention.
(d) Have violent, abusive, uncontrollable, or disruptive students directed for information or assistance
from appropriate school or district school board personnel.
(e) Assist in enforcing school rules on school property, during school-sponsored transportation, and
during school-sponsored activities.
(f) Request and receive information as to the disposition of any referrals to the administration for
violation of classroom or school rules.
(g) Request and receive immediate assistance in classroom management if a student becomes
uncontrollable or in case of emergency.
(h) Request and receive training and other assistance to improve skills in classroom management,
violence prevention, conflict resolution, and related areas.
Page 8
(i) Press charges if there is a reason to believe that a crime has been committed on school property,
during school-sponsored transportation, or during school-sponsored activities.
(j) Use reasonable force, according to standards adopted by the State Board of Education, to protect
himself or herself or others from injury.
(3) A teacher may send a student to the principals office to maintain effective discipline in the
classroom and may recommend an appropriate consequence consistent with the student code of
conduct under s. 1006.07.
(4) A teacher may remove from class a student whose behavior the teacher determines interferes with
the teachers ability to communicate effectively with the students in the class or with the ability of the
students classmates to learn. Each district school board, each district school superintendent, and each
school principal shall support the authority of teachers to remove disobedient, violent, abusive,
uncontrollable, or disruptive students from the classroom.
1006.08. District school superintendent duties relating to student discipline and school safety.
(1) Each district school superintendent shall fully support the authority of his or her principals, teachers,
and school bus drivers to remove disobedient, disrespectful, violent, abusive, uncontrollable, or disruptive
students from the classroom and the school bus and, when appropriate and available, to place such
students in an alternative educational setting.
1006.09. Duties of school principal relating to student discipline and school safety.
(1) (a) Subject to law and to the rules of the State Board of Education and the district school board, the
principal in charge of the school or the principals designee shall develop policies for delegating to any
teacher or other member of the instructional staff or to any bus driver transporting students of the
school responsibility for the control and direction of students. Each school principal shall fully support
the authority of his or her teachers and school bus drivers to remove disobedient, disrespectful, violent,
abusive, uncontrollable, or disruptive students from the classroom and the school bus and, when
appropriate and available, place such students in an alternative educational setting. The principal or the
principals designee must give full consideration to the recommendation for discipline made by a
teacher, other member of the instructional staff, or a bus driver when making a decision regarding
student referral for discipline.
STATUTES
principal duties.
(5) If a teacher removes a student from class under subsection (4), the principal may place the student in
another appropriate classroom, in in-school suspension, or in a dropout prevention and academic
that teachers class without the teachers consent unless the committee established under subsection (6)
determines that such placement is the best or only available alternative. The teacher and the placement
review committee must render decisions within 5 days of the removal of the student from the classroom.
Page 9

use alternative programs, such as in-school suspension, which provide instruction and counseling
leading to improved student behavior, a reduction in the incidence of truancy, and the development of
more effective interpersonal skills.
(1) (b) A good faith effort shall be made by the principal or the principals designee to employ parental
assistance or other alternative measures prior to suspension, except in the case of emergency or
disruptive conditions which require immediate suspension or in the case of a serious breach of conduct
as defined by rules of the district school board.
(1) It is the intent of the Legislature to promote a safe and supportive learning environment in schools, to
protect students and staff from conduct that poses a serious threat to school safety, and to encourage
schools to use alternatives to expulsion or referral to law enforcement agencies by addressing disruptive
behavior through restitution, civil citation, teen court, neighborhood restorative justice, or similar
programs. The Legislature finds that zero-tolerance policies are not intended to be rigorously applied to
petty acts of misconduct and misdemeanors, including, but not limited to, minor fights or disturbances.
(8) School districts are encouraged to use alternatives to expulsion or referral to law enforcement
agencies unless the use of such alternatives will pose a threat to school safety.

STATUTES
principal duties.
(1) In accordance with this section and within the framework of the district school boards code of student
conduct, teachers and other instructional personnel shall have the authority to undertake any of the
following actions in managing student behavior and ensuring the safety of all students in their classes and
school and their opportunity to learn in an orderly and disciplined classroom:
(j) Use reasonable force, according to standards adopted by the State Board of Education, to protect
himself or herself or others from injury.
(k) Use corporal punishment according to school board policy and at least the following procedures, if a
teacher feels that corporal punishment is necessary:
1. The use of corporal punishment shall be approved in principle by the principal before it is used, but
approval is not necessary for each specific instance in which it is used. The principal shall prepare
guidelines for administering such punishment which identify the types of punishable offenses, the
conditions under which the punishment shall be administered, and the specific personnel on the
school staff authorized to administer the punishment.
2. A teacher or principal may administer corporal punishment only in the presence of another adult
who is informed beforehand, and in the students presence, of the reason for the punishment.
3. A teacher or principal who has administered punishment shall, upon request, provide the students
parent with a written explanation of the reason for the punishment and the name of the other adult
who was present.
Page 10
(2) Code of student conduct. Each code shall include, but is not limited to:
(b) Procedures to be followed for acts requiring discipline, including corporal punishment.
1006.11. Standards for use of reasonable force.
(1) The State Board of Education shall adopt standards for the use of reasonable force by district school
board personnel to maintain a safe and orderly learning environment. Such standards shall be distributed
to each school in the state and shall provide guidance to district school board personnel in receiving the
limitations on liability specified in subsection (2).
(2) Except in the case of excessive force or cruel and unusual punishment, a teacher or other member of
the instructional staff, a principal or the principals designated representative, or a school bus driver shall
not be civilly or criminally liable for any action carried out in conformity with the State Board of Education
and district school board rules regarding the control, discipline, suspension, and expulsion of students,
including, but not limited to, any exercise of authority under s. 1003.32 or s. 1006.09.

STATUTES
(9) A school principal or a school employee designated by the principal, if she or he has reasonable
suspicion that a prohibited or illegally possessed substance or object is contained within a students
locker or other storage area, may search the locker or storage area. The district school board shall
require and each school principal shall cause to be posted in each public K-12 school, in a place readily
seen by students, a notice stating that a students locker or other storage area is subject to search, upon
reasonable suspicion, for prohibited or illegally possessed substances or objects. This subsection does
not prohibit the use of metal detectors or specially trained animals in the course of a search for illegally
possessed substances or objects.

STATUTES
(2)(a)2. Any student who violates the dress policy described in subparagraph 1. is subject to the following
Page 11
Page 12

STATUTES
(3) Nothing shall prohibit a district school board from having the right to expel, or to take disciplinary
action against, a student who is found to have committed an offense on school property at any time if:
(a) The student is found to have committed a delinquent act which would be a felony if committed by an
adult;
(b) The student has had adjudication withheld for a delinquent act which, if committed by an adult,
would be a felony; or
(c) The student has been found guilty of a felony.
However, if the student is a student with a disability, the disciplinary action must comply with the
procedures set forth in State Board of Education rule.
(e) Notice that illegal use, possession, or sale of controlled substances, as defined in chapter 893, by
any student while the student is upon school property or in attendance at a school function is grounds
for disciplinary action by the school and may also result in criminal penalties being imposed.
(f) Notice that use of a wireless communications device includes the possibility of the imposition of
disciplinary action by the school or criminal penalties if the device is used in a criminal act. A student
may possess a wireless communications device while the student is on school property or in
attendance at a school function. Each district school board shall adopt rules governing the use of a
wireless communications device by a student while the student is on school property or in attendance at
a school function.
(g) Notice that the possession of a firearm or weapon as defined in chapter 790 by any student while
the student is on school property or in attendance at a school function is grounds for disciplinary action
and may also result in criminal prosecution.
(h) Notice that violence against any district school board personnel by a student is grounds for in-school
suspension, out-of-school suspension, expulsion, or imposition of other disciplinary action by the school
and may also result in criminal penalties being imposed.
(i) Notice that violation of district school board transportation policies, including disruptive behavior on a
school bus or at a school bus stop, by a student is grounds for suspension of the students privilege of
riding on a school bus and may be grounds for disciplinary action by the school and may also result in
criminal penalties being imposed.
(j) Notice that violation of the district school boards sexual harassment policy by a student is grounds
for in-school suspension, out-of-school suspension, expulsion, or imposition of other disciplinary action
by the school and may also result in criminal penalties being imposed.
Page 13
1006.09. Duties of school principal relating to student discipline and school safety
(1) (b) The principal or the principals designee may suspend any student transported to or from school at
public expense from the privilege of riding on a school bus for violation of district school board
transportation policies, which shall include a policy regarding behavior at school bus stops, and the
principal or the principals designee shall give notice in writing to the students parent and to the district
school superintendent within 24 hours.
(c) The principal or the principals designee may recommend to the district school superintendent the
expulsion of any student who has committed a serious breach of conduct, including, but not limited to,
willful disobedience, open defiance of authority of a member of his or her staff, violence against persons
or property, or any other act which substantially disrupts the orderly conduct of the school. A
recommendation of expulsion or assignment to a second chance school may also be made for any
student found to have intentionally made false accusations that jeopardize the professional reputation,
employment, or professional certification of a teacher or other member of the school staff, according to
the district school board code of student conduct.
(2) If the court determines that the student did commit the felony or delinquent act which would have been
a felony if committed by an adult, the district school board may expel the student, provided that expulsion
under this subsection shall not affect the delivery of educational services to the student in any residential,
nonresidential, alternative, daytime, or evening program outside of the regular school setting.
Any student who is subject to discipline or expulsion for unlawful possession or use of any substance
controlled under chapter 893 may be entitled to a waiver of the discipline or expulsion:
(a) If the student divulges information leading to the arrest and conviction of the person who supplied
the controlled substance to him or her, or if the student voluntarily discloses his or her unlawful
possession of the controlled substance prior to his or her arrest. Any information divulged which leads
to arrest and conviction is not admissible in evidence in a subsequent criminal trial against the student
divulging the information.
(b) If the student commits himself or herself, or is referred by the court in lieu of sentence, to a statelicensed drug abuse program and successfully completes the program.

STATUTES
(i) Notice that violation of district school board transportation policies, including disruptive behavior on a
school bus or at a school bus stop, by a student is grounds for suspension of the students privilege of
riding on a school bus and may be grounds for disciplinary action by the school and may also result in
criminal penalties being imposed.
for in-school suspension, out-of-school suspension, expulsion, or imposition of other disciplinary action
by the school and may also result in criminal penalties being imposed.
(l) Notice that any student who is determined to have brought a firearm or weapon, as defined in
chapter 790, to school, to any school function, or onto any school-sponsored transportation, or to have
Page 14
possessed a firearm at school, will be expelled, with or without continuing educational services, from
the students regular school for a period of not less than 1 full year and referred to the criminal justice or
juvenile justice system. District school boards may assign the student to a disciplinary program or
second chance school for the purpose of continuing educational services during the period of expulsion.
District school superintendents may consider the 1-year expulsion requirement on a case-by-case basis
and request the district school board to modify the requirement by assigning the student to a
disciplinary program or second chance school if the request for modification is in writing and it is
determined to be in the best interest of the student and the school system.
(m) Notice that any student who is determined to have made a threat or false report, as defined by ss.
790.162 and 790.163, respectively, involving school or school personnels property, school
transportation, or a school-sponsored activity will be expelled, with or without continuing educational
services, from the students regular school for a period of not less than 1 full year and referred for
criminal prosecution. District school boards may assign the student to a disciplinary program or second
chance school for the purpose of continuing educational services during the period of expulsion. District
school superintendents may consider the 1-year expulsion requirement on a case-by-case basis and
request the district school board to modify the requirement by assigning the student to a disciplinary
program or second chance school if it is determined to be in the best interest of the student and the
school system.
The Legislature finds that zero-tolerance policies must apply equally to all students regardless of their
economic status, race, or disability.
(b) Defines acts that pose a serious threat to school safety.
(c) Defines petty acts of misconduct.
(d) Minimizes the victimization of students, staff, or volunteers, including taking all steps necessary to
protect the victim of any violent crime from any further victimization.
(e) Establishes a procedure that provides each student with the opportunity for a review of the
disciplinary action imposed pursuant to s. 1006.07.
(3) Zero-tolerance policies must require students found to have committed one of the following offenses
to be expelled, with or without continuing educational services, from the students regular school for a
period of not less than 1 full year, and to be referred to the criminal justice or juvenile justice system.
(a) Bringing a firearm or weapon, as defined in chapter 790, to school, to any school function, or onto
any school-sponsored transportation or possessing a firearm at school.
(b) Making a threat or false report, as defined by ss. 790.162 and 790.163, respectively, involving
school or school personnels property, school transportation, or a school-sponsored activity.
District school boards may assign the student to a disciplinary program for the purpose of continuing
educational services during the period of expulsion. District school superintendents may consider the 1-
Page 15
year expulsion requirement on a case-by-case basis and request the district school board to modify the
requirement by assigning the student to a disciplinary program or second chance school if the request for
modification is in writing and it is determined to be in the best interest of the student and the school
system. If a student committing any of the offenses in this subsection is a student who has a disability, the
district school board shall comply with applicable State Board of Education rules.
(5) Notwithstanding any other provision of law, each district school board shall adopt rules providing that
any student found to have committed any offense in s. 784.081(1), (2), or (3) [assault on a school
employee] shall be expelled or placed in an alternative school setting or other program, as appropriate.
Upon being charged with the offense, the student shall be removed from the classroom immediately and
placed in an alternative school setting pending disposition.

STATUTES
1003.31. Students subject to control of school
(3) However, if the student is a student with a disability, the disciplinary action must comply with the
procedures set forth in State Board of Education rule.
(1) (b) No student shall be suspended for unexcused tardiness, lateness, absence, or truancy.
(2) Any student who is subject to discipline or expulsion for unlawful possession or use of any substance
controlled under chapter 893 may be entitled to a waiver of the discipline or expulsion:
(5) Any recommendation for the suspension or expulsion of a student with a disability must be made in
accordance with rules adopted by the State Board of Education.

STATUTES
1003.32 Authority of teacher; responsibility for control of students; district school board and
principal duties
(6) (d) The teacher who withheld consent to readmitting the student may not serve on the committee. The
teacher and the placement review committee must render decisions within 5 days after the removal of
the student from the classroom. If the placement review committees decision is contrary to the decision
of the teacher to withhold consent to the return of the removed student to the teachers class, the
teacher may appeal the committees decision to the district school superintendent.
Page 16
The district school board shall provide for the proper accounting for all students, for the attendance and
control of students at school, and for proper attention to health, safety, and other matters relating to the
welfare of students, including:
(1) Control of students.
(a) Adopt rules for the control, discipline, in-school suspension, suspension, and expulsion of students
and decide all cases recommended for expulsion. Suspension hearings are exempted from the
provisions of chapter 120. Expulsion hearings shall be governed by ss. 120.569 and 120.57(2) and
are exempt from s. 286.011. However, the students parent must be given notice of the provisions of
s. 286.011 and may elect to have the hearing held in compliance with that section. The district school
board may prohibit the use of corporal punishment, if the district school board adopts or has adopted
a written program of alternative control or discipline.
(b) Require each student at the time of initial registration for school in the school district to note
previous school expulsions, arrests resulting in a charge, and juvenile justice actions the student has
had, and have the authority as the district school board of a receiving school district to honor the final
order of expulsion or dismissal of a student by any in-state or out-of-state public district school board
or private school, or lab school, for an act which would have been grounds for expulsion according to
the receiving district school boards code of student conduct, in accordance with the following
procedures:
1. A final order of expulsion shall be recorded in the records of the receiving school district.
2. The expelled student applying for admission to the receiving school district shall be advised of the
final order of expulsion.
3. The district school superintendent of the receiving school district may recommend to the district
school board that the final order of expulsion be waived and the student be admitted to the school
district, or that the final order of expulsion be honored and the student not be admitted to the school
district. If the student is admitted by the district school board, with or without the recommendation of
the district school superintendent, the student may be placed in an appropriate educational program
at the direction of the district school board.
(2) Code of student conduct. Adopt a code of student conduct for elementary schools and a code of
handbook or similar publication. Each code shall include, but is not limited to:
(a) Consistent policies and specific grounds for disciplinary action, including in-school suspension,
out-of-school suspension, expulsion, and any disciplinary action that may be imposed for the
possession or use of alcohol on school property or while attending a school function or for the illegal
use, sale, or possession of controlled substances as defined in chapter 893.
(b) Procedures to be followed for acts requiring discipline, including corporal punishment.
(c) An explanation of the responsibilities and rights of students with regard to attendance, respect for
(d)1. An explanation of the responsibilities of each student with regard to appropriate dress, respect
for self and others, and the role that appropriate dress and respect for self and others has on an
Page 17
orderly learning environment. Each district school board shall adopt a dress code policy that prohibits
a student, while on the grounds of a public school during the regular school day, from wearing
clothing that exposes underwear or body parts in an indecent or vulgar manner or that disrupts the
orderly learning environment.
2. Any student who violates the dress policy described in subparagraph 1. is subject to the following
a. For a first offense, a student shall be given a verbal warning and the school principal shall call
the students parent or guardian.
b. For a second offense, the student is ineligible to participate in any extracurricular activity for a
period of time not to exceed 5 days and the school principal shall meet with the students parent
or guardian.
c. For a third or subsequent offense, a student shall receive an in-school suspension pursuant to
s. 1003.01(5) for a period not to exceed 3 days, the student is ineligible to participate in any
students parent or guardian and send the parent or guardian a written letter regarding the
students in-school suspension and ineligibility to participate in extracurricular activities.
(e) Notice that illegal use, possession, or sale of controlled substances, as defined in chapter 893, by
any student while the student is upon school property or in attendance at a school function is grounds
for disciplinary action by the school and may also result in criminal penalties being imposed.
(f) Notice that use of a wireless communications device includes the possibility of the imposition of
disciplinary action by the school or criminal penalties if the device is used in a criminal act. A student
may possess a wireless communications device while the student is on school property or in
attendance at a school function. Each district school board shall adopt rules governing the use of a
wireless communications device by a student while the student is on school property or in attendance
at a school function.
the student is on school property or in attendance at a school function is grounds for disciplinary
action and may also result in criminal prosecution.
(h) Notice that violence against any district school board personnel by a student is grounds for inschool suspension, out-of-school suspension, expulsion, or imposition of other disciplinary action by
the school and may also result in criminal penalties being imposed.
(i) Notice that violation of district school board transportation policies, including disruptive behavior on
a school bus or at a school bus stop, by a student is grounds for suspension of the students privilege
of riding on a school bus and may be grounds for disciplinary action by the school and may also result
in criminal penalties being imposed.
for in-school suspension, out-of-school suspension, expulsion, or imposition of other disciplinary
action by the school and may also result in criminal penalties being imposed.
(k) Policies to be followed for the assignment of violent or disruptive students to an alternative
educational program.
chapter 790, to school, to any school function, or onto any school-sponsored transportation, or to
have possessed a firearm at school, will be expelled, with or without continuing educational services,
from the students regular school for a period of not less than 1 full year and referred to the criminal
justice or juvenile justice system. District school boards may assign the student to a disciplinary
program or second chance school for the purpose of continuing educational services during the
Page 18
period of expulsion. District school superintendents may consider the 1-year expulsion requirement
on a case-by-case basis and request the district school board to modify the requirement by assigning
the student to a disciplinary program or second chance school if the request for modification is in
writing and it is determined to be in the best interest of the student and the school system.
(m) Notice that any student who is determined to have made a threat or false report, as defined by ss.
790.162 and 790.163, respectively, involving school or school personnels property, school
transportation, or a school-sponsored activity will be expelled, with or without continuing educational
services, from the students regular school for a period of not less than 1 full year and referred for
criminal prosecution. District school boards may assign the student to a disciplinary program or
second chance school for the purpose of continuing educational services during the period of
expulsion. District school superintendents may consider the 1-year expulsion requirement on a caseby-case basis and request the district school board to modify the requirement by assigning the
student to a disciplinary program or second chance school if it is determined to be in the best interest
of the student and the school system.
(3) Student crime watch program. By resolution of the district school board, implement a student crime
watch program to promote responsibility among students and to assist in the control of criminal
behavior within the schools.
1006.08. District school superintendent duties relating to student discipline and school safety
(1) When the district school superintendent makes a recommendation for expulsion to the district school
board, he or she shall give written notice to the student and the students parent of the recommendation,
setting forth the charges against the student and advising the student and his or her parent of the
students right to due process as prescribed by ss. 120.569 and 120.57(2).
1006.09 Duties of school principal relating to student discipline and school safety
(1) (b) Such rules shall require oral and written notice to the student of the charges and an explanation of
the evidence against him or her prior to the suspension. Each student shall be given an opportunity to
present his or her side of the story.
(2) Suspension proceedings, pursuant to rules of the State Board of Education, may be initiated against
any enrolled student who is formally charged with a felony, or with a delinquent act which would be a
felony if committed by an adult, by a proper prosecuting attorney for an incident which allegedly occurred
on property other than public school property, if that incident is shown, in an administrative hearing with
notice provided to the parents of the student by the principal of the school pursuant to rules adopted by
the State Board of Education and to rules developed pursuant to s. 1001.54, to have an adverse impact
on the educational program, discipline, or welfare in the school in which the student is enrolled.
Page 19
(b) The principal or the principals designee may suspend a student only in accordance with the rules of
the district school board. The principal or the principals designee shall make a good faith effort to
immediately inform a students parent by telephone of a students suspension and the reasons for the
suspension. Each suspension and the reasons for the suspension shall be reported in writing within 24
hours to the students parent by United States mail. Each suspension and the reasons for the
suspension shall also be reported in writing within 24 hours to the district school superintendent. A good
faith effort shall be made by the principal or the principals designee to employ parental assistance or
other alternative measures prior to suspension, except in the case of emergency or disruptive
conditions which require immediate suspension or in the case of a serious breach of conduct as defined
by rules of the district school board. Such rules shall require oral and written notice to the student of the
charges and an explanation of the evidence against him or her prior to the suspension. Each student
shall be given an opportunity to present his or her side of the story. No student shall be suspended for
unexcused tardiness, lateness, absence, or truancy. The principal or the principals designee may
suspend any student transported to or from school at public expense from the privilege of riding on a
school bus for violation of district school board transportation policies, which shall include a policy
regarding behavior at school bus stops, and the principal or the principals designee shall give notice in
writing to the students parent and to the district school superintendent within 24 hours. School
personnel shall not be held legally responsible for suspensions of students made in good faith.
(c) The principal or the principals designee may recommend to the district school superintendent the
expulsion of any student who has committed a serious breach of conduct, including, but not limited to,
willful disobedience, open defiance of authority of a member of his or her staff, violence against persons
or property, or any other act which substantially disrupts the orderly conduct of the school. A
recommendation of expulsion or assignment to a second chance school may also be made for any
student found to have intentionally made false accusations that jeopardize the professional reputation,
employment, or professional certification of a teacher or other member of the school staff, according to
the district school board code of student conduct. Any recommendation of expulsion shall include a
detailed report by the principal or the principals designated representative on the alternative measures
taken prior to the recommendation of expulsion.
(d) The principal or the principals designee shall include an analysis of suspensions and expulsions in
the annual report of school progress.
(2) Suspension proceedings, pursuant to rules of the State Board of Education, may be initiated against
any enrolled student who is formally charged with a felony, or with a delinquent act which would be a
felony if committed by an adult, by a proper prosecuting attorney for an incident which allegedly occurred
on property other than public school property, if that incident is shown, in an administrative hearing with
notice provided to the parents of the student by the principal of the school pursuant to rules adopted by
the State Board of Education and to rules developed pursuant to s. 1001.54, to have an adverse impact
on the educational program, discipline, or welfare in the school in which the student is enrolled. Any
student who is suspended as the result of such proceedings may be suspended from all classes of
instruction on public school grounds during regular classroom hours for a period of time, which may
exceed 10 days, as determined by the district school superintendent. The suspension shall not affect the
delivery of educational services to the student, and the student shall be immediately enrolled in a daytime
alternative education program, or an evening alternative education program, where appropriate. If the
court determines that the student did commit the felony or delinquent act which would have been a felony
if committed by an adult, the district school board may expel the student, provided that expulsion under
this subsection shall not affect the delivery of educational services to the student in any residential,
nonresidential, alternative, daytime, or evening program outside of the regular school setting. Any student
who is subject to discipline or expulsion for unlawful possession or use of any substance controlled under
chapter 893 may be entitled to a waiver of the discipline or expulsion:
Page 20
(3) A student may be disciplined or expelled for unlawful possession or use of any substance controlled
under chapter 893 upon the third violation of this provision.
(4) When a student has been the victim of a violent crime perpetrated by another student who attends the
same school, the school principal shall make full and effective use of the provisions of subsection (2) and
s. 1006.13(6). A school principal who fails to comply with this subsection shall be ineligible for any portion
of the performance pay or the differentiated pay under s. 1012.22. However, if any party responsible for
notification fails to properly notify the school, the school principal shall be eligible for the performance pay
or differentiated pay.
(5) Any recommendation for the suspension or expulsion of a student with a disability must be made in
accordance with rules adopted by the State Board of Education.
(6) Each school principal must ensure that standardized forms prescribed by rule of the State Board of
Education are used to report data concerning school safety and discipline to the department. The school
principal must develop a plan to verify the accuracy of reported incidents.
(7) The State Board of Education shall adopt by rule a standardized form to be used by each school
principal to report data concerning school safety and discipline.
(8) The school principal shall require all school personnel to report to the principal or principals designee
any suspected unlawful use, possession, or sale by a student of any controlled substance, as defined in
s. 893.02; any counterfeit controlled substance, as defined in s. 831.31; any alcoholic beverage, as
defined in s. 561.01(4); or model glue. School personnel are exempt from civil liability when reporting in
good faith to the proper school authority such suspected unlawful use, possession, or sale by a student.
Only a principal or principals designee is authorized to contact a parent or legal guardian of a student
regarding this situation. Reports made and verified under this subsection shall be forwarded to an
appropriate agency. The principal or principals designee shall timely notify the students parent that a
verified report made under this subsection with respect to the student has been made and forwarded.
STATUTES
Page 21
(a) Consistent policies and specific grounds for disciplinary action, including in-school suspension, out-ofschool suspension, expulsion, and any disciplinary action that may be imposed for the possession or use
of alcohol on school property or while attending a school function or for the illegal use, sale, or
possession of controlled substances as defined in chapter 893.
(d) 2. Any student who violates the dress policy described in subparagraph 1. is subject to the following
b. For a second offense, the student is ineligible to participate in any extracurricular activity for a period of
time not to exceed 5 days and the school principal shall meet with the students parent or guardian.
1003.01(5) for a period not to exceed 3 days, the student is ineligible to participate in any extracurricular
activity for a period not to exceed 30 days, and the school principal shall call the students parent or
guardian and send the parent or guardian a written letter regarding the students in-school suspension
and ineligibility to participate in extracurricular activities.
(j) Notice that violation of the district school boards sexual harassment policy by a student is grounds for
in-school suspension, out-of-school suspension, expulsion, or imposition of other disciplinary action by
the school and may also result in criminal penalties being imposed.
1006.13 Policy of zero tolerance for crime and victimization
(3) District school boards may assign the student to a disciplinary program for the purpose of continuing
educational services during the period of expulsion.

STATUTES
principal duties.
Subject to law and to the rules of the district school board, each teacher or other member of the staff of
any school shall have such authority for the control and discipline of students as may be assigned to him
or her by the principal or the principals designated representative and shall keep good order in the
classroom and in other places in which he or she is assigned to be in charge of students.
(5) If a teacher removes a student from class under subsection (4), the principal may place the student
in another appropriate classroom, in in-school suspension, or in a dropout prevention and academic
that teachers class without the teachers consent unless the committee established under subsection
Page 22
(6) determines that such placement is the best or only available alternative. The teacher and the
placement review committee must render decisions within 5 days of the removal of the student from the
classroom.
(6) (a) Each school shall establish a placement review committee to determine placement of a student
when a teacher withholds consent to the return of a student to the teachers class. A school principal
must notify each teacher in that school about the availability, the procedures, and the criteria for the
placement review committee as outlined in this section.
(b) The principal must report on a quarterly basis to the district school superintendent and district
school board each incidence of a teachers withholding consent for a removed student to return to the
teachers class and the disposition of the incident, and the superintendent must annually report these
data to the department.
(c) The Commissioner of Education shall annually review each school districts compliance with this
section, and success in achieving orderly classrooms, and shall use all appropriate enforcement
actions up to and including the withholding of disbursements from the Educational Enhancement
Trust Fund until full compliance is verified.
(d) Placement review committee membership must include at least the following:
1. Two teachers, one selected by the schools faculty and one selected by the teacher who has
removed the student.
2. One member from the schools staff who is selected by the principal.
The teacher who withheld consent to readmitting the student may not serve on the committee. The
teacher and the placement review committee must render decisions within 5 days after the removal of
the student from the classroom. If the placement review committees decision is contrary to the
decision of the teacher to withhold consent to the return of the removed student to the teachers
class, the teacher may appeal the committees decision to the district school superintendent.

STATUTES
(1) Documentation and reporting.
(a) A school shall prepare an incident report within 24 hours after a student is released from restraint or
seclusion. If the students release occurs on a day before the school closes for the weekend, a holiday,
or another reason, the incident report must be completed by the end of the school day on the day the
school reopens.
(b) The following must be included in the incident report:
1. The name of the student restrained or secluded.
2. The age, grade, ethnicity, and disability of the student restrained or secluded.
3. The date and time of the event and the duration of the restraint or seclusion.
4. The location at which the restraint or seclusion occurred.
5. A description of the type of restraint used in terms established by the Department of Education.
6. The name of the person using or assisting in the restraint or seclusion of the student.
7. The name of any nonstudent who was present to witness the restraint or seclusion.
8. A description of the incident, including:
a. The context in which the restraint or seclusion occurred.
Page 23
b. The students behavior leading up to and precipitating the decision to use manual or physical
restraint or seclusion, including an indication as to why there was an imminent risk of serious injury
or death to the student or others.
c. The specific positive behavioral strategies used to prevent and deescalate the behavior.
d. What occurred with the student immediately after the termination of the restraint or seclusion.
e. Any injuries, visible marks, or possible medical emergencies that may have occurred during the
restraint or seclusion, documented according to district policies.
f. Evidence of steps taken to notify the students parent or guardian.
(c) A school shall notify the parent or guardian of a student each time manual or physical restraint or
seclusion is used. Such notification must be in writing and provided before the end of the school day on
which the restraint or seclusion occurs. Reasonable efforts must also be taken to notify the parent or
guardian by telephone or computer e-mail, or both, and these efforts must be documented. The school
shall obtain, and keep in its records, the parents or guardians signed acknowledgment that he or she
was notified of his or her childs restraint or seclusion.
(d) A school shall also provide the parent or guardian with the completed incident report in writing by
mail within 3 school days after a student was manually or physically restrained or secluded. The school
received a copy of the incident report.
(2) Monitoring.
(a) Monitoring of the use of manual or physical restraint or seclusion on students shall occur at the
classroom, building, district, and state levels.
(b) Documentation prepared as required in subsection (1) shall be provided to the school principal, the
district director of Exceptional Student Education, and the bureau chief of the Bureau of Exceptional
Education and Student Services electronically each month that the school is in session.
(c) The department shall maintain aggregate data of incidents of manual or physical restraint and
seclusion and disaggregate the data for analysis by county, school, student exceptionality, and other
variables, including the type and method of restraint or seclusion used. This information shall be
updated monthly.
(d) The department shall establish standards for documenting, reporting, and monitoring the use of
manual or physical restraint or mechanical restraint, and occurrences of seclusion. These standards
shall be provided to school districts by October 1, 2011.
Page 24
c. Data review;
(4) Prohibited restraint. School personnel may not use a mechanical restraint or a manual or physical
restraint that restricts a students breathing.
(5) Seclusion. School personnel may not close, lock, or physically block a student in a room that is unlit
and does not meet the rules of the State Fire Marshal for seclusion time-out rooms.
STATUTES
1003.04. Student conduct and parental involvement.
(2) The parent of each public K-12 student must cooperate with the authority of the students district
school board, superintendent, principal, teachers, and school bus drivers, according to ss.1003.31 and
1003.32, to remove the student from the classroom and the school bus and, when appropriate and
available, to place the student in an alternative educational setting, if the student is disobedient,
disrespectful, violent, abusive, uncontrollable, or disruptive.
(1) Each district school board, each district school superintendent, and each school principal shall fully
support the authority of teachers, according to s. 1003.32, and school bus drivers to remove disobedient,
disrespectful, violent, abusive, uncontrollable, or disruptive students from the classroom and the school
bus and, when appropriate and available, place such students in an alternative educational setting.
(k) Policies to be followed for the assignment of violent or disruptive students to an alternative
educational program.
(5) Educational services in detention facilities. Offer educational services to minors who have not
graduated from high school and eligible students with disabilities under the age of 22 who have not
graduated with a standard diploma or its equivalent who are detained in a county or municipal detention
facility as defined in s. 951.23. These educational services shall be based upon the estimated length of
time the student will be in the facility and the students current level of functioning. District school
superintendents or their designees shall be notified by the county sheriff or chief correctional officer, or
his or her designee, upon the assignment of a student under the age of 21 to the facility. A cooperative
Page 25
agreement with the district school board and applicable law enforcement units shall be developed to
address the notification requirement and the provision of educational services to these students.
(1) Each district school superintendent shall fully support the authority of his or her principals, teachers,
and school bus drivers to remove disobedient, disrespectful, violent, abusive, uncontrollable, or disruptive
students from the classroom and the school bus and, when appropriate and available, to place such
students in an alternative educational setting.
(2) The suspension shall not affect the delivery of educational services to the student, and the student
shall be immediately enrolled in a daytime alternative education program, or an evening alternative
education program, where appropriate.
1006.13. Policy of zero tolerance for crime and victimization
(3) District school boards may assign the student to a disciplinary program for the purpose of continuing
educational services during the period of expulsion.
Page 26

Conditions
STATUTES
790.115. Possessing or discharging weapons or firearms at a school-sponsored event or on
school property prohibited; penalties; exceptions.
(1) A person who exhibits any sword, sword cane, firearm, electric weapon or device, destructive device,
or other weapon as defined in s. 790.001(13), including a razor blade, box cutter, or common pocketknife,
except as authorized in support of school-sanctioned activities, in the presence of one or more persons in
a rude, careless, angry, or threatening manner and not in lawful self-defense, at a school-sponsored
event or on the grounds or facilities of any school, school bus, or school bus stop, or within 1,000 feet of
the real property that comprises a public or private elementary school, middle school, or secondary
school, during school hours or during the time of a sanctioned school activity, commits a felony of the
third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. This subsection does not
apply to the exhibition of a firearm or weapon on private real property within 1,000 feet of a school by the
owner of such property or by a person whose presence on such property has been authorized, licensed,
or invited by the owner.
(2) (a) A person shall not possess any firearm, electric weapon or device, destructive device, or other
weapon as defined in s. 790.001(13), including a razor blade or box cutter, except as authorized in
support of school-sanctioned activities, at a school-sponsored event or on the property of any school,
school bus, or school bus stop; however, a person may carry a firearm:
1. In a case to a firearms program, class or function which has been approved in advance by the
principal or chief administrative officer of the school as a program or class to which firearms could be
carried;
2. In a case to a career center having a firearms training range; or
3. In a vehicle pursuant to s. 790.25(5); except that school districts may adopt written and published
policies that waive the exception in this subparagraph for purposes of student and campus parking
privileges.
For the purposes of this section, school means any preschool, elementary school, middle school,
junior high school, secondary school, career center, or postsecondary school, whether public or
nonpublic.
(b) A person who willfully and knowingly possesses any electric weapon or device, destructive device,
or other weapon as defined in s. 790.001(13), including a razor blade or box cutter, except as
authorized in support of school-sanctioned activities, in violation of this subsection commits a felony of
the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(c) 1. A person who willfully and knowingly possesses any firearm in violation of this subsection
commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
2. A person who stores or leaves a loaded firearm within the reach or easy access of a minor who
obtains the firearm and commits a violation of subparagraph 1. commits a misdemeanor of the
second degree, punishable as provided in s. 775.082 or s. 775.083; except that this does not apply if
the firearm was stored or left in a securely locked box or container or in a location which a reasonable
person would have believed to be secure, or was securely locked with a firearm-mounted push-button
Page 27
combination lock or a trigger lock; if the minor obtains the firearm as a result of an unlawful entry by
any person; or to members of the Armed Forces, National Guard, or State Militia, or to police or other
law enforcement officers, with respect to firearm possession by a minor which occurs during or
incidental to the performance of their official duties.
(d) A person who discharges any weapon or firearm while in violation of paragraph (a), unless
discharged for lawful defense of himself or herself or another or for a lawful purpose, commits a felony
of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(e) The penalties of this subsection shall not apply to persons licensed under s. 790.06. Persons
licensed under s. 790.06 shall be punished as provided in s. 790.06(12), except that a licenseholder
who unlawfully discharges a weapon or firearm on school property as prohibited by this subsection
commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s.
775.084.
(3) This section does not apply to any law enforcement officer as defined in s. 943.10(1), (2), (3), (4), (6),
(7), (8), (9), or (14).
(4) Notwithstanding s. 985.24, s. 985.245, or s. 985.25(1), any minor under 18 years of age who is
charged under this section with possessing or discharging a firearm on school property shall be detained
in secure detention, unless the state attorney authorizes the release of the minor, and shall be given a
probable cause hearing within 24 hours after being taken into custody. At the hearing, the court may
order that the minor continue to be held in secure detention for a period of 21 days, during which time the
minor shall receive medical, psychiatric, psychological, or substance abuse examinations pursuant to s.
985.18, and a written report shall be completed.
Page 28
Other weapons
STATUTES

STATUTES
1003.53. Dropout prevention and academic intervention
(d) 3. A student enrolled in a sixth, seventh, eighth, ninth, or tenth grade class may be assigned to a
second chance school if the student meets the following criteria:
a. The student is a habitual truant as defined in s. 1003.01.
b. The students excessive absences have detrimentally affected the students academic progress
and the student may have unique needs that a traditional school setting may not meet.
c. The students high incidences of truancy have been directly linked to a lack of motivation.
d. The student has been identified as at risk of dropping out of school.
4. A student who is habitually truant may be assigned to a second chance school only if the case
staffing committee, established pursuant to s. 984.12, determines that such placement could be
beneficial to the student and the criteria included in subparagraph 3. are met.
5. A student may be assigned to a second chance school if the district school board in which the
student resides has a second chance school and if the student meets one of the following criteria:
a. The student habitually exhibits disruptive behavior in violation of the code of student conduct
adopted by the district school board.
Page 29
b. The student interferes with the students own learning or the educational process of others and
requires attention and assistance beyond that which the traditional program can provide, or, while the
student is under the jurisdiction of the school either in or out of the classroom, frequent conflicts of a
disruptive nature occur.
c. The student has committed a serious offense which warrants suspension or expulsion from school
according to the district school boards code of student conduct. For the purposes of this program,
serious offense is behavior which:
(I) Threatens the general welfare of students or others with whom the student comes into contact;
(II) Includes violence;
(III) Includes possession of weapons or drugs; or
(IV) Is harassment or verbal abuse of school personnel or other students.

STATUTES
1003.26. Enforcement of school attendance.
The Legislature finds that poor academic performance is associated with nonattendance and that school
districts must take an active role in promoting and enforcing attendance as a means of improving student
performance. It is the policy of the state that each district school superintendent be responsible for
enforcing school attendance of all students subject to the compulsory school age in the school district and
supporting enforcement of school attendance by local law enforcement agencies. The responsibility
includes recommending policies and procedures to the district school board that require public schools to
respond in a timely manner to every unexcused absence, and every absence for which the reason is
unknown, of students enrolled in the schools. District school board policies shall require the parent of a
student to justify each absence of the student, and that justification will be evaluated based on adopted
district school board policies that define excused and unexcused absences. The policies must provide
that public schools track excused and unexcused absences and contact the home in the case of an
unexcused absence from school, or an absence from school for which the reason is unknown, to prevent
the development of patterns of nonattendance. The Legislature finds that early intervention in school
attendance is the most effective way of producing good attendance habits that will lead to improved
student learning and achievement. Each public school shall implement the following steps to promote and
enforce regular school attendance:
(1) Contact, refer, and enforce.
(a) Upon each unexcused absence, or absence for which the reason is unknown, the school principal
or his or her designee shall contact the students parent to determine the reason for the absence. If
the absence is an excused absence, as defined by district school board policy, the school shall
provide opportunities for the student to make up assigned work and not receive an academic penalty
unless the work is not made up within a reasonable time.
(b) If a student has had at least five unexcused absences, or absences for which the reasons are
unknown, within a calendar month or 10 unexcused absences, or absences for which the reasons are
unknown, within a 90-calendar-day period, the students primary teacher shall report to the school
principal or his or her designee that the student may be exhibiting a pattern of nonattendance. The
principal shall, unless there is clear evidence that the absences are not a pattern of nonattendance,
refer the case to the schools child study team to determine if early patterns of truancy are
developing. If the child study team finds that a pattern of nonattendance is developing, whether the
absences are excused or not, a meeting with the parent must be scheduled to identify potential
Page 30
remedies, and the principal shall notify the district school superintendent and the school district
contact for home education programs that the referred student is exhibiting a pattern of
nonattendance.
(c) If an initial meeting does not resolve the problem, the child study team shall implement the
following:
1. Frequent attempts at communication between the teacher and the family.
2. Evaluation for alternative education programs.
3. Attendance contracts.
The child study team may, but is not required to, implement other interventions, including referral to
other agencies for family services or recommendation for filing a truancy petition pursuant to
s.984.151.
(d) The child study team shall be diligent in facilitating intervention services and shall report the case
to the district school superintendent only when all reasonable efforts to resolve the nonattendance
behavior are exhausted.
(e) If the parent refuses to participate in the remedial strategies because he or she believes that
those strategies are unnecessary or inappropriate, the parent may appeal to the district school board.
The district school board may provide a hearing officer, and the hearing officer shall make a
recommendation for final action to the district school board. If the district school boards final
determination is that the strategies of the child study team are appropriate, and the parent still refuses
to participate or cooperate, the district school superintendent may seek criminal prosecution for
noncompliance with compulsory school attendance.
(f) 1. If the parent of a child who has been identified as exhibiting a pattern of nonattendance enrolls
the child in a home education program pursuant to chapter 1002, the district school superintendent
shall provide the parent a copy of s. 1002.41 and the accountability requirements of this paragraph.
The district school superintendent shall also refer the parent to a home education review committee
composed of the district contact for home education programs and at least two home educators
selected by the parent from a district list of all home educators who have conducted a home
education program for at least 3 years and who have indicated a willingness to serve on the
committee. The home education review committee shall review the portfolio of the student, as
defined by s. 1002.41, every 30 days during the districts regular school terms until the committee is
satisfied that the home education program is in compliance with s. 1002.41(1)(b). The first portfolio
review must occur within the first 30 calendar days of the establishment of the program. The
provisions of subparagraph 2. do not apply once the committee determines the home education
program is in compliance with s. 1002.41(1)(b).
2. If the parent fails to provide a portfolio to the committee, the committee shall notify the district
school superintendent. The district school superintendent shall then terminate the home education
program and require the parent to enroll the child in an attendance option that meets the definition
of regular school attendance under s. 1003.01(13)(a), (b), (c), or (e), within 3 days. Upon
termination of a home education program pursuant to this subparagraph, the parent shall not be
eligible to reenroll the child in a home education program for 180 calendar days. Failure of a parent
to enroll the child in an attendance option as required by this subparagraph after termination of the
home education program pursuant to this subparagraph shall constitute noncompliance with the
compulsory attendance requirements of s. 1003.21 and may result in criminal prosecution under
s.1003.27(2). Nothing contained herein shall restrict the ability of the district school superintendent,
or the ability of his or her designee, to review the portfolio pursuant to s. 1002.41(1)(b).
Page 31
(g) If a student subject to compulsory school attendance will not comply with attempts to enforce
school attendance, the parent or the district school superintendent or his or her designee shall refer
the case to the case staffing committee pursuant to s. 984.12, and the district school superintendent
or his or her designee may file a truancy petition pursuant to the procedures in s. 984.151.
(2) Give written notice.
(a) Under the direction of the district school superintendent, a designated school representative shall
give written notice that requires enrollment or attendance within 3 days after the date of notice, in
person or by return-receipt mail, to the parent when no valid reason is found for a students
nonenrollment in school. If the notice and requirement are ignored, the designated school
representative shall report the case to the district school superintendent, and may refer the case to
the case staffing committee, established pursuant to s. 984.12. The district school superintendent
shall take such steps as are necessary to bring criminal prosecution against the parent.
(b) Subsequent to the activities required under subsection (1), the district school superintendent or
his or her designee shall give written notice in person or by return-receipt mail to the parent that
criminal prosecution is being sought for nonattendance. The district school superintendent may file a
truancy petition, as defined in s. 984.03, following the procedures outlined in s. 984.151.
(3) Return student to parent. A designated school representative may visit the home or place of
residence of a student and any other place in which he or she is likely to find any student who is
required to attend school when the student is not enrolled or is absent from school during school hours
without an excuse, and, when the student is found, shall return the student to his or her parent or to the
principal or teacher in charge of the school, or to the private tutor from whom absent, or to the juvenile
assessment center or other location established by the district school board to receive students who are
absent from school. Upon receipt of the student, the parent shall be immediately notified.
(4) Report to appropriate authority. A designated school representative shall report to the appropriate
authority designated by law to receive such notices, all violations of the Child Labor Law that may come
to his or her knowledge.
(5) Right to inspect. A designated school representative shall have the right of access to, and inspection
of, establishments where minors may be employed or detained only for the purpose of ascertaining
whether students of compulsory school age are actually employed there and are actually working there
regularly. The designated school representative shall, if he or she finds unsatisfactory working
conditions or violations of the Child Labor Law, report his or her findings to the appropriate authority.
(d) 3. A student enrolled in a sixth, seventh, eighth, ninth, or tenth grade class may be assigned to a
second chance school if the student meets the following criteria:
a. The student is a habitual truant as defined in s. 1003.01.
b. The students excessive absences have detrimentally affected the students academic progress
and the student may have unique needs that a traditional school setting may not meet.
c. The students high incidences of truancy have been directly linked to a lack of motivation.
d. The student has been identified as at risk of dropping out of school.
4. A student who is habitually truant may be assigned to a second chance school only if the case
staffing committee, established pursuant to s. 984.12, determines that such placement could be
beneficial to the student and the criteria included in subparagraph 3. are met.
Page 32
Substance use
STATUTES

STATUTES
1006.135. Hazing at high schools with grades 9-12 prohibited.
(1) As used in this section, hazing means any action or situation that recklessly or intentionally
endangers the mental or physical health or safety of a student at a high school with grades 9 through 12
for purposes including, but not limited to, initiation or admission into or affiliation with any organization
operating under the sanction of a high school with grades 9 through 12. Hazing includes, but is not
limited to, pressuring or coercing the student into violating state or federal law, any brutality of a physical
nature, such as whipping, beating, branding, exposure to the elements, forced consumption of any food,
liquor, drug, or other substance, or other forced physical activity that could adversely affect the physical
health or safety of the student, and also includes any activity that would subject the student to extreme
mental stress, such as sleep deprivation, forced exclusion from social contact, forced conduct that could
result in extreme embarrassment, or other forced activity that could adversely affect the mental health or
dignity of the student. Hazing does not include customary athletic events or other similar contests or
competitions or any activity or conduct that furthers a legal and legitimate objective.
(2) A person commits hazing, a third degree felony, punishable as provided in s. 775.082 or s.775.083,
when he or she intentionally or recklessly commits any act of hazing as defined in subsection (1) upon
another person who is a member of or an applicant to any type of student organization and the hazing
results in serious bodily injury or death of such other person.
(3) A person commits hazing, a first degree misdemeanor, punishable as provided in s. 775.082 or s.
775.083, when he or she intentionally or recklessly commits any act of hazing as defined in subsection (1)
upon another person who is a member of or an applicant to any type of student organization and the
hazing creates a substantial risk of physical injury or death to such other person.
(4) As a condition of any sentence imposed pursuant to subsection (2) or subsection (3), the court shall
order the defendant to attend and complete a 4-hour hazing education course and may also impose a
condition of drug or alcohol probation.
Page 33
(5) It is not a defense to a charge of hazing that:

(a) Consent of the victim had been obtained;
(b) The conduct or activity that resulted in the death or injury of a person was not part of an official
organizational event or was not otherwise sanctioned or approved by the organization; or
(c) The conduct or activity that resulted in death or injury of the person was not done as a condition of
membership to an organization.
(6) This section shall not be construed to preclude prosecution for a more general offense resulting from
the same criminal transaction or episode.
(1) This section may be cited as the Jeffrey Johnston Stand Up for All Students Act.
(2) Bullying or harassment of any student or employee of a public K-12 educational institution is
prohibited:
(a) During any education program or activity conducted by a public K-12 educational institution;
(b) During any school-related or school-sponsored program or activity or on a school bus of a public K12 educational institution; or
(c) Through the use of data or computer software that is accessed through a computer, computer
system, or computer network of a public K-12 educational institution.
(3) For purposes of this section:
(a) Bullying means systematically and chronically inflicting physical hurt or psychological distress on
one or more students and may involve:
1. Teasing;
2. Social exclusion;
3. Threat;
4. Intimidation;
5. Stalking;
6. Physical violence;
7. Theft;
8. Sexual, religious, or racial harassment;
9. Public humiliation; or
10. Destruction of property.
(b) Harassment means any threatening, insulting, or dehumanizing gesture, use of data or computer
software, or written, verbal, or physical conduct directed against a student or school employee that:
1. Places a student or school employee in reasonable fear of harm to his or her person or damage to
his or her property;
2. Has the effect of substantially interfering with a students educational performance, opportunities, or
benefits; or
3. Has the effect of substantially disrupting the orderly operation of a school.
(c) Definitions in s. 815.03 and the definition in s. 784.048(1)(d) relating to stalking are applicable to this
section.
(d) The definitions of bullying and harassment include:
Page 34
1. Retaliation against a student or school employee by another student or school employee for
asserting or alleging an act of bullying or harassment. Reporting an act of bullying or harassment that
is not made in good faith is considered retaliation.
2. Perpetuation of conduct listed in paragraph (a) or paragraph (b) by an individual or group with
intent to demean, dehumanize, embarrass, or cause physical harm to a student or school employee
by:
a. Incitement or coercion;
b. Accessing or knowingly causing or providing access to data or computer software through a
computer, computer system, or computer network within the scope of the district school system; or
c. Acting in a manner that has an effect substantially similar to the effect of bullying or harassment.
categories of students. The school district shall involve students, parents, teachers, administrators, school
staff, school volunteers, community representatives, and local law enforcement agencies in the process
of adopting the policy. The school district policy must be implemented in a manner that is ongoing
throughout the school year and integrated with a schools curriculum, a schools discipline policies, and
other violence prevention efforts. The school district policy must contain, at a minimum, the following
components:
(a) A statement prohibiting bullying and harassment.
(b) A definition of bullying and a definition of harassment that include the definitions listed in this
section.
(c) A description of the type of behavior expected from each student and employee of a public K-12
(d) The consequences for a student or employee of a public K-12 educational institution who commits
an act of bullying or harassment.
(e) The consequences for a student or employee of a public K-12 educational institution who is found to
have wrongfully and intentionally accused another of an act of bullying or harassment.
(f) A procedure for reporting an act of bullying or harassment, including provisions that permit a person
to anonymously report such an act. However, this paragraph does not permit formal disciplinary action
to be based solely on an anonymous report.
(g) A procedure for the prompt investigation of a report of bullying or harassment and the persons
responsible for the investigation. The investigation of a reported act of bullying or harassment is
deemed to be a school-related activity and begins with a report of such an act. Incidents that require a
reasonable investigation when reported to appropriate school authorities shall include alleged incidents
of bullying or harassment allegedly committed against a child while the child is en route to school
aboard a school bus or at a school bus stop.
(h) A process to investigate whether a reported act of bullying or harassment is within the scope of the
district school system and, if not, a process for referral of such an act to the appropriate jurisdiction.
(i) A procedure for providing immediate notification to the parents of a victim of bullying or harassment
and the parents of the perpetrator of an act of bullying or harassment, as well as notification to all local
agencies where criminal charges may be pursued against the perpetrator.
(j) A procedure to refer victims and perpetrators of bullying or harassment for counseling.
Page 35
(k) A procedure for including incidents of bullying or harassment in the schools report of data
concerning school safety and discipline required under s. 1006.09(6). The report must include each
incident of bullying or harassment and the resulting consequences, including discipline and referrals.
The report must include in a separate section each reported incident of bullying or harassment that
does not meet the criteria of a prohibited act under this section with recommendations regarding such
incidents. The Department of Education shall aggregate information contained in the reports.
(l) A procedure for providing instruction to students, parents, teachers, school administrators,
counseling staff, and school volunteers on identifying, preventing, and responding to bullying or
harassment.
(m) A procedure for regularly reporting to a victims parents the actions taken to protect the victim.
(n) A procedure for publicizing the policy, which must include its publication in the code of student
conduct required under s. 1006.07(2) and in all employee handbooks.
(5) To assist school districts in developing policies prohibiting bullying and harassment, the Department of
Education shall develop a model policy that shall be provided to school districts no later than October 1,
2008.
(6) A school employee, school volunteer, student, or parent who promptly reports in good faith an act of
bullying or harassment to the appropriate school official designated in the school districts policy and who
makes this report in compliance with the procedures set forth in the policy is immune from a cause of
action for damages arising out of the reporting itself or any failure to remedy the reported incident.
(7) (a) The physical location or time of access of a computer-related incident cannot be raised as a
defense in any disciplinary action initiated under this section.
(b) This section does not apply to any person who uses data or computer software that is accessed
through a computer, computer system, or computer network when acting within the scope of his or her
lawful employment or investigating a violation of this section in accordance with school district policy.
(8) Distribution of safe schools funds to a school district provided in the 2009-2010 General
Appropriations Act is contingent upon and payable to the school district upon the Department of
Educations approval of the school districts bullying and harassment policy. The departments approval of
each school districts bullying and harassment policy shall be granted upon certification by the department
that the school districts policy has been submitted to the department and is in substantial conformity with
the departments model bullying and harassment policy as mandated in subsection (5). Distribution of
safe schools funds provided to a school district in fiscal year 2010-2011 and thereafter shall be contingent
upon and payable to the school district upon the school districts compliance with all reporting procedures
contained in this section.
(9) On or before January 1 of each year, the Commissioner of Education shall report to the Governor, the
President of the Senate, and the Speaker of the House of Representatives on the implementation of this
section. The report shall include data collected pursuant to paragraph (4)(k).
(10) Nothing in this section shall be construed to abridge the rights of students or school employees that
are protected by the First Amendment to the Constitution of the United States.

STATUTES
(2)(a)2. Any student who violates the dress policy described in subparagraph 1. is subject to the following
Page 36
1006.14. Secret societies prohibited in public K-12 schools.
(1) It is unlawful for any person, group, or organization to organize or establish a fraternity, sorority, or
other secret society whose membership is comprised in whole or in part of students enrolled in any public
K-12 school or to go upon any public K-12 school premises for the purpose of soliciting any students to
join such an organization.
(2) A secret society shall be interpreted to be a fraternity, sorority, or other organization whose active
membership is comprised wholly or partly of students enrolled in public K-12 schools and which
perpetuates itself wholly or partly by taking in additional members from the students enrolled in public K12 schools on the basis of the decision of its membership rather than on the right of any student who is
qualified by the rules of the school to be a member of and take part in any class or group exercise
designated and classified according to gender, subjects included in the course of study, or program of
school activities fostered and promoted by the district school board and district school superintendent or
by school principals.
(3) This section shall not be construed to prevent the establishment of an organization fostered and
promoted by school authorities, or approved and accepted by school authorities, and whose membership
is selected on the basis of good character, good scholarship, leadership ability, and achievement. Full
information regarding the charter, principles, purposes, and conduct of any such accepted organization
shall be made available to all students and instructional personnel of the school.
(4) This section shall not be construed to relate to any junior organization or society sponsored by the
Police Athletic League, Knights of Pythias, Oddfellows, Moose, Woodmen of the World, Knights of
Columbus, Elks, Masons, Bnai Brith, Young Mens and Young Womens Hebrew Associations, Young
Mens and Young Womens Christian Associations, Kiwanis, Rotary, Optimist, Civitan, Exchange Clubs,
Florida Federation of Garden Clubs, and Florida Federation of Womens Clubs.
(5) It is unlawful for any student enrolled in any public K-12 school to be a member of, to join or to
become a member of or to pledge himself or herself to become a member of any secret fraternity,
sorority, or group wholly or partly formed from the membership of students attending public K-12 schools
or to take part in the organization or formation of any such fraternity, sorority, or secret society; provided
that this does not prevent any student from belonging to any organization fostered and promoted by the
school authorities, or approved and accepted by the school authorities and whose membership is
selected on the basis of good character, good scholarship, leadership ability, and achievement.
(6) The district school board may enforce the provisions of this section and prescribe and enforce such
rules as are necessary. District school boards shall enforce the provisions of this section by suspending
or, if necessary, expelling any student in any public K-12 school who violates this section.
shall:
Page 37
Page 38

Prevention
STATUTES
(1) (a) Dropout prevention and academic intervention programs may differ from traditional educational
programs and schools in scheduling, administrative structure, philosophy, curriculum, or setting and
shall employ alternative teaching methodologies, curricula, learning activities, and diagnostic and
assessment procedures in order to meet the needs, interests, abilities, and talents of eligible students.
The educational program shall provide curricula, character development and law education, and related
services that support the program goals and lead to improved performance in the areas of academic
achievement, attendance, and discipline. Student participation in such programs shall be voluntary.
District school boards may, however, assign students to a program for disruptive students.
(c) A student shall be identified as being eligible to receive services funded through the dropout
prevention and academic intervention program based upon one of the following criteria:
3. The student has a history of disruptive behavior in school or has committed an offense that
warrants out-of-school suspension or expulsion from school according to the district school boards
code of student conduct. For the purposes of this program, disruptive behavior is behavior that:
a. Interferes with the students own learning or the educational process of others and requires
attention and assistance beyond that which the traditional program can provide or results in
frequent conflicts of a disruptive nature while the student is under the jurisdiction of the school
either in or out of the classroom; or
b. Severely threatens the general welfare of students or others with whom the student comes into
contact.
shall:
(3) Student crime watch program. By resolution of the district school board, implement a student crime
watch program to promote responsibility among students and to assist in the control of criminal behavior
within the schools.

STATUTES
Page 39
c. Data review;
shall:
STATUTES
principal duties.
(1) In accordance with this section and within the framework of the district school boards code of student
conduct, teachers and other instructional personnel shall have the authority to undertake any of the
following actions in managing student behavior and ensuring the safety of all students in their classes and
school and their opportunity to learn in an orderly and disciplined classroom:
(h) Request and receive training and other assistance to improve skills in classroom management,
violence prevention, conflict resolution, and related areas.
(2) Teachers and other instructional personnel shall:
(b) Seek professional development to improve classroom management skills when data show that they
are not effective in handling minor classroom disruptions.
(3) Each district school board shall provide training for teachers, staff, and school administrators to
implement this section.
(7) Any teacher who removes 25 percent of his or her total class enrollment shall be required to complete
professional development to improve classroom management skills.
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1006.148 Dating violence and abuse prohibited.
(3) Each district school board shall provide training for teachers, staff, and school administrators to
implement this section.
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STATUTES
1006.09. Duties of school principal relating to student discipline and school safety
STATUTES
(1) Contact, refer, and enforce.
(a) Upon each unexcused absence, or absence for which the reason is unknown, the school principal or
his or her designee shall contact the students parent to determine the reason for the absence. If the
absence is an excused absence, as defined by district school board policy, the school shall provide
opportunities for the student to make up assigned work and not receive an academic penalty unless the
work is not made up within a reasonable time.
(b) If a student has had at least five unexcused absences, or absences for which the reasons are
unknown, within a calendar month or 10 unexcused absences, or absences for which the reasons are
unknown, within a 90-calendar-day period, the students primary teacher shall report to the school
principal or his or her designee that the student may be exhibiting a pattern of nonattendance. The
principal shall, unless there is clear evidence that the absences are not a pattern of nonattendance,
refer the case to the schools child study team to determine if early patterns of truancy are developing. If
the child study team finds that a pattern of nonattendance is developing, whether the absences are
excused or not, a meeting with the parent must be scheduled to identify potential remedies, and the
principal shall notify the district school superintendent and the school district contact for home
education programs that the referred student is exhibiting a pattern of nonattendance.
(c) If an initial meeting does not resolve the problem, the child study team shall implement the following:
1. Frequent attempts at communication between the teacher and the family.
Page 42
representative shall report the case to the district school superintendent, and may refer the case to the
case staffing committee, established pursuant to s. 984.12. The district school superintendent shall take
such steps as are necessary to bring criminal prosecution against the parent.
(b) Subsequent to the activities required under subsection (1), the district school superintendent or his
or her designee shall give written notice in person or by return-receipt mail to the parent that criminal
prosecution is being sought for nonattendance. The district school superintendent may file a truancy
petition, as defined in s. 984.03, following the procedures outlined in s. 984.151.
(3) Return student to parent. A designated school representative may visit the home or place of residence
of a student and any other place in which he or she is likely to find any student who is required to attend
school when the student is not enrolled or is absent from school during school hours without an excuse,
and, when the student is found, shall return the student to his or her parent or to the principal or teacher
in charge of the school, or to the private tutor from whom absent, or to the juvenile assessment center or
other location established by the district school board to receive students who are absent from school.
Upon receipt of the student, the parent shall be immediately notified.
(5) The school principal or his or her designee shall, prior to placement in a dropout prevention and
academic intervention program or the provision of an academic service, provide written notice of
placement or services by certified mail, return receipt requested, to the students parent. The parent of the
student shall sign an acknowledgment of the notice of placement or service and return the signed
acknowledgment to the principal within 3 days after receipt of the notice. The parents of a student
assigned to such a dropout prevention and academic intervention program shall be notified in writing and
entitled to an administrative review of any action by school personnel relating to such placement pursuant
to the provisions of chapter 120.
(c) A school shall notify the parent or guardian of a student each time manual or physical restraint or
seclusion is used. Such notification must be in writing and provided before the end of the school day on
which the restraint or seclusion occurs. Reasonable efforts must also be taken to notify the parent or
guardian by telephone or computer e-mail, or both, and these efforts must be documented. The school
was notified of his or her childs restraint or seclusion.
(d) A school shall also provide the parent or guardian with the completed incident report in writing by mail
within 3 school days after a student was manually or physically restrained or secluded. The school shall
obtain, and keep in its records, the parents or guardians signed acknowledgment that he or she received
a copy of the incident report.
(2)(d)2. Any student who violates the dress policy described in subparagraph 1. is subject to the following
Page 43
(1) (b) The principal or the principals designee may suspend any student transported to or from school at
public expense from the privilege of riding on a school bus for violation of district school board
transportation policies, which shall include a policy regarding behavior at school bus stops, and the
principal or the principals designee shall give notice in writing to the students parent and to the district
school superintendent within 24 hours.
(8) The principal or principals designee shall timely notify the students parent that a verified report made
under this subsection with respect to the student has been made and forwarded.

STATUTES
representative shall report the case to the district school superintendent, and may refer the case to the
case staffing committee, established pursuant to s. 984.12. The district school superintendent shall take
such steps as are necessary to bring criminal prosecution against the parent.
(b) Subsequent to the activities required under subsection (1), the district school superintendent or his
or her designee shall give written notice in person or by return-receipt mail to the parent that criminal
prosecution is being sought for nonattendance. The district school superintendent may file a truancy
petition, as defined in s. 984.03, following the procedures outlined in s. 984.151.
(4) Report to appropriate authority. A designated school representative shall report to the appropriate
authority designated by law to receive such notices, all violations of the Child Labor Law that may come
to his or her knowledge.
1003.29. Notice to schools of court action.
If a court takes action that directly involves a students school, including, but not limited to, an order that a
student attend school, attend school with his or her parent, perform at grade level, or perform community
service hours at the school, the office of the clerk of the court shall provide notice to the school of the
courts action.
principal duties.
(8) Each teacher or other member of the staff of any school who knows or has reason to suspect that any
person has committed, or has made a credible threat to commit, a crime of violence on school property
shall report such knowledge or suspicion in accordance with the provisions of s.1006.13. Each district
Page 44
school superintendent and each school principal shall fully support good faith reporting in accordance
with the provisions of this subsection and s. 1006.13.
(5) Educational Services in Detention Facilities. Offer educational services to minors who have not
graduated from high school and eligible students with disabilities under the age of 22 who have not
graduated with a standard diploma or its equivalent who are detained in a county or municipal detention
facility as defined in s. 951.23. These educational services shall be based upon the estimated length of
time the student will be in the facility and the students current level of functioning. District school
superintendents or their designees shall be notified by the county sheriff or chief correctional officer, or
his or her designee, upon the assignment of a student under the age of 21 to the facility. A cooperative
agreement with the district school board and applicable law enforcement units shall be developed to
address the notification requirement and the provision of educational services to these students.
(2) Notwithstanding the provisions of s. 985.04(7) or any other provision of law to the contrary, the court
shall, within 48 hours of the finding, notify the appropriate district school superintendent of the name and
address of any student found to have committed a delinquent act, or who has had adjudication of a
delinquent act withheld which, if committed by an adult, would be a felony, or the name and address of
any student found guilty of a felony. Notification shall include the specific delinquent act found to have
been committed or for which adjudication was withheld, or the specific felony for which the student was
found guilty.
(8) Reports made and verified under this subsection shall be forwarded to an appropriate agency.
1006.13 Policy of zero tolerance for crime and victimization.
(4) (a) Each district school board shall enter into agreements with the county sheriffs office and local
police department specifying guidelines for ensuring that acts that pose a serious threat to school
safety, whether committed by a student or adult, are reported to a law enforcement agency.
(c) Zero-tolerance policies do not require the reporting of petty acts of misconduct and misdemeanors to
a law enforcement agency, including, but not limited to, disorderly conduct, disrupting a school function,
simple assault or battery, affray, theft of less than $300, trespassing, and vandalism of less than
$1,000.
Page 45
(b) The agreements must include the role of school resource officers, if applicable, in handling reported
incidents, circumstances in which school officials may handle incidents without filing a report with a law
enforcement agency, and a procedure for ensuring that school personnel properly report appropriate
delinquent acts and crimes.
(c) Zero-tolerance policies do not require the reporting of petty acts of misconduct and misdemeanors to
a law enforcement agency, including, but not limited to, disorderly conduct, disrupting a school function,
simple assault or battery, affray, theft of less than $300, trespassing, and vandalism of less than
$1,000.
(d) The school principal shall ensure that all school personnel are properly informed as to their
responsibilities regarding crime reporting, that appropriate delinquent acts and crimes are properly
reported, and that actions taken in cases with special circumstances are properly taken and
documented.
(6) (a) Notwithstanding any provision of law prohibiting the disclosure of the identity of a minor, whenever
any student who is attending a public school is adjudicated guilty of or delinquent for, or is found to
have committed, regardless of whether adjudication is withheld, or pleads guilty or nolo contendere to,
a felony violation of:
1. Chapter 782, relating to homicide;
2. Chapter 784, relating to assault, battery, and culpable negligence;
3. Chapter 787, relating to kidnapping, false imprisonment, luring or enticing a child, and custody
offenses;
4. Chapter 794, relating to sexual battery;
5. Chapter 800, relating to lewdness and indecent exposure;
6. Chapter 827, relating to abuse of children;
7. Section 812.13, relating to robbery;
8. Section 812.131, relating to robbery by sudden snatching;
9. Section 812.133, relating to carjacking; or
10. Section 812.135, relating to home-invasion robbery,
and, before or at the time of such adjudication, withholding of adjudication, or plea, the offender was
attending a school attended by the victim or a sibling of the victim of the offense, the Department of
Juvenile Justice shall notify the appropriate district school board of the adjudication or plea, the
requirements in this paragraph, and whether the offender is prohibited from attending that school or
riding on a school bus whenever the victim or a sibling of the victim is attending the same school or
riding on the same school bus, except as provided pursuant to a written disposition order under s.
985.455(2). Upon receipt of such notice, the district school board shall take appropriate action to
effectuate the provisions in paragraph (b).
(b) Each district school board shall adopt a cooperative agreement with the Department of Juvenile
Justice which establishes guidelines for ensuring that any no contact order entered by a court is
reported and enforced and that all of the necessary steps are taken to protect the victim of the offense.
Any offender described in paragraph (a), who is not exempted as provided in paragraph (a), may not
Page 46
attend any school attended by the victim or a sibling of the victim of the offense or ride on a school bus
on which the victim or a sibling of the victim is riding. The offender shall be permitted by the district
school board to attend another school within the district in which the offender resides, only if the other
school is not attended by the victim or sibling of the victim of the offense; or the offender may be
permitted by another district school board to attend a school in that district if the offender is unable to
attend any school in the district in which the offender resides.
(c) If the offender is unable to attend any other school in the district in which the offender resides and is
prohibited from attending a school in another school district, the district school board in the school
district in which the offender resides shall take every reasonable precaution to keep the offender
separated from the victim while on school grounds or on school transportation. The steps to be taken by
a district school board to keep the offender separated from the victim must include, but are not limited
to, in-school suspension of the offender and the scheduling of classes, lunch, or other school activities
of the victim and the offender so as not to coincide.
(d) The offender, or the parents of the offender if the offender is a juvenile, shall arrange and pay for
transportation associated with or required by the offenders attending another school or that would be
required as a consequence of the prohibition against riding on a school bus on which the victim or a
sibling of the victim is riding. However, the offender or the parents of the offender may not be charged
for existing modes of transportation that can be used by the offender at no additional cost to the district
school board.
(8) School districts are encouraged to use alternatives to expulsion or referral to law enforcement
agencies unless the use of such alternatives will pose a threat to school safety.

STATUTES
1002.22. Education records and reports of K-12 students; rights of parents and students;
notification; penalty
(1) Definitions. As used in this section, the term:
(a) Agency means any board, agency, or other entity that provides administrative control or direction
of or performs services for public elementary or secondary schools, centers, or other institutions as
defined in this chapter.
(b) Institution means any public school, center, institution, or other entity that is part of Floridas
education system under s. 1000.04(1), (3), and (4).
(2) Rights of students and parents. The rights of students and their parents with respect to education
records created, maintained, or used by public educational institutions and agencies shall be protected in
accordance with the Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. s. 1232g, the
implementing regulations issued pursuant thereto, and this section. In order to maintain the eligibility of
public educational institutions and agencies to receive federal funds and participate in federal programs,
the State Board of Education shall comply with the FERPA after the board has evaluated and determined
that the FERPA is consistent with the following principles:
(a) Students and their parents shall have the right to access their education records, including the right
to inspect and review those records.
(b) Students and their parents shall have the right to waive their access to their education records in
certain circumstances.
Page 47
(c) Students and their parents shall have the right to challenge the content of education records in order
to ensure that the records are not inaccurate, misleading, or otherwise a violation of privacy or other
rights.
(d) Students and their parents shall have the right of privacy with respect to such records and reports.
(e) Students and their parents shall receive notice of their rights with respect to education records.
(3) Duties and responsibilities. The State Board of Education shall:
(a) Adopt rules pursuant to ss. 120.536(1) and 120.54 to administer this section.
(b) Monitor the FERPA and notify the Legislature of any significant change to the requirements of the
FERPA or other major changes in federal law which may impact this section.
(c) Advise the Legislature of any change in the FERPA which may create a need for an exemption to
the requirements of s. 24(a), Art. I of the State Constitution.
(4) Penalty. If any official or employee of an institution refuses to comply with this section, the aggrieved
parent or student has an immediate right to bring an action in circuit court to enforce his or her rights by
injunction. Any aggrieved parent or student who brings such action and whose rights are vindicated may
be awarded attorneys fees and court costs.
(5) Applicability to records of defunct institutions. This section applies to student records that any
nonpublic educational institution that is no longer operating has deposited with the district school
superintendent in the county where the nonpublic educational institution was located.
1002.221. K-12 education records.
(1) Education records, as defined in the Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. s.
1232g, and the federal regulations issued pursuant thereto, are confidential and exempt from s. 119.07(1)
and s. 24(a), Art. I of the State Constitution.
(2) (a) An agency, as defined in s. 1002.22(1)(a), or a public school, center, institution, or other entity that
is part of Floridas education system under s. 1000.04(1), (3), or (4), may not release a students
education records without the written consent of the student or parent to any individual, agency, or
organization, except in accordance with and as permitted by the FERPA. Education records released
by an agency, as defined in s. 1002.22(1)(a), or by a public school, center, institution, or other entity
that is part of Floridas education system under s. 1000.04(1), (3), or (4), to the Auditor General or the
Office of Program Policy Analysis and Government Accountability, which are necessary for such
agencies to perform their official duties and responsibilities, shall be used and maintained by the
Auditor General and the Office of Program Policy Analysis and Government Accountability in
accordance with the FERPA.
(b) In accordance with FERPA and the federal regulations issued pursuant to FERPA, an agency, as
defined in s. 1002.22, or a public school, center, institution, or other entity that is part of Floridas
education system under s. 1000.04(1), (3), or (4) may release a students education records without
written consent of the student or parent to parties to an interagency agreement among the Department
of Juvenile Justice, the school, law enforcement authorities, and other signatory agencies. The purpose
of such an agreement and information sharing is to reduce juvenile crime, especially motor vehicle
theft, by promoting cooperation and collaboration and the sharing of appropriate information in a joint
effort to improve school safety, to reduce truancy and in-school and out-of-school suspensions, and to
support alternatives to in-school and out-of-school suspensions and expulsions, which provide
structured and well-supervised educational programs supplemented by a coordinated overlay of other
appropriate services designed to correct behaviors that lead to truancy, suspensions, and expulsions
and that support students in successfully completing their education. Information provided in
furtherance of an interagency agreement is intended solely for use in determining the appropriate
Page 48
programs and services for each juvenile or the juveniles family, or for coordinating the delivery of the
programs and services, and as such is inadmissible in any court proceeding before a dispositional
hearing unless written consent is provided by a parent or other responsible adult on behalf of the
juvenile.
(3) This section is subject to the Open Government Sunset Review Act in accordance with s. 119.15 and
shall stand repealed on October 2, 2014, unless reviewed and saved from repeal through reenactment by
the Legislature.
(6) District school board dropout prevention and academic intervention programs shall be coordinated
with social service, law enforcement, prosecutorial, and juvenile justice agencies and juvenile assessment
centers in the school district. Notwithstanding the provisions of s. 1002.22, these agencies are authorized
to exchange information contained in student records and juvenile justice records. Such information is
confidential and exempt from the provisions of s. 119.07(1). District school boards and other agencies
receiving such information shall use the information only for official purposes connected with the
certification of students for admission to and for the administration of the dropout prevention and
academic intervention program, and shall maintain the confidentiality of such information unless
otherwise provided by law or rule.
(3) Except to the extent necessary to protect the health, safety, and welfare of other students, the
information obtained by the district school superintendent pursuant to this section may be released only to
appropriate school personnel or as otherwise provided by law.

STATUTES
principal duties.
(6) (b) The principal must report on a quarterly basis to the district school superintendent and district
school board each incidence of a teachers withholding consent for a removed student to return to the
teachers class and the disposition of the incident, and the superintendent must annually report these
data to the department.
(c) The Commissioner of Education shall annually review each school districts compliance with this
section, and success in achieving orderly classrooms, and shall use all appropriate enforcement actions
up to and including the withholding of disbursements from the Educational Enhancement Trust Fund
until full compliance is verified.
(1) Documentation and Reporting.
Page 49
(a) A school shall prepare an incident report within 24 hours after a student is released from restraint or
seclusion. If the students release occurs on a day before the school closes for the weekend, a holiday,
or another reason, the incident report must be completed by the end of the school day on the day the
school reopens.
(b) The following must be included in the incident report:
1. The name of the student restrained or secluded.
2. The age, grade, ethnicity, and disability of the student restrained or secluded.
3. The date and time of the event and the duration of the restraint or seclusion.
4. The location at which the restraint or seclusion occurred.
5. A description of the type of restraint used in terms established by the Department of Education.
6. The name of the person using or assisting in the restraint or seclusion of the student.
7. The name of any nonstudent who was present to witness the restraint or seclusion.
8. A description of the incident, including:
a. The context in which the restraint or seclusion occurred.
b. The students behavior leading up to and precipitating the decision to use manual or physical
restraint or seclusion, including an indication as to why there was an imminent risk of serious injury
or death to the student or others.
c. The specific positive behavioral strategies used to prevent and deescalate the behavior.
d. What occurred with the student immediately after the termination of the restraint or seclusion.
e. Any injuries, visible marks, or possible medical emergencies that may have occurred during the
restraint or seclusion, documented according to district policies.
f. Evidence of steps taken to notify the students parent or guardian.
c. Data review;
(1) (b) Each suspension and the reasons for the suspension shall also be reported in writing within 24
hours to the district school superintendent.
Page 50
(c) Any recommendation of expulsion shall include a detailed report by the principal or the principals
designated representative on the alternative measures taken prior to the recommendation of expulsion.
(d) The principal or the principals designee shall include an analysis of suspensions and expulsions in
the annual report of school progress.
(6) Each school principal must ensure that standardized forms prescribed by rule of the State Board of
Education are used to report data concerning school safety and discipline to the department. The school
principal must develop a plan to verify the accuracy of reported incidents.
(7) The State Board of Education shall adopt by rule a standardized form to be used by each school
principal to report data concerning school safety and discipline.
Page 51

STATUTES
1006.12. School resource officers and school safety officers.
(2) (c) A school safety officer has and shall exercise the power to make arrests for violations of law on
district school board property and to arrest persons, whether on or off such property, who violate any
law on such property under the same conditions that deputy sheriffs are authorized to make arrests. A
school safety officer has the authority to carry weapons when performing his or her official duties.
STATUTES
(2) (a) School safety officers shall be law enforcement officers, as defined in s. 943.10(1), certified under
the provisions of chapter 943 and employed by either a law enforcement agency or by the district
school board. If the officer is employed by the district school board, the district school board is the
employing agency for purposes of chapter 943, and must comply with the provisions of that chapter.

STATUTES
(1) District school boards may establish school resource officer programs, through a cooperative
agreement with law enforcement agencies or in accordance with subsection (2).
(a) School resource officers shall be certified law enforcement officers, as defined in s.943.10(1), who
are employed by a law enforcement agency as defined in s. 943.10(4). The powers and duties of a law
enforcement officer shall continue throughout the employees tenure as a school resource officer.
(b) School resource officers shall abide by district school board policies and shall consult with and
coordinate activities through the school principal, but shall be responsible to the law enforcement
agency in all matters relating to employment, subject to agreements between a district school board
and a law enforcement agency. Activities conducted by the school resource officer which are part of the
regular instructional program of the school shall be under the direction of the school principal.
(2) (a) School safety officers shall be law enforcement officers, as defined in s. 943.10(1), certified under
the provisions of chapter 943 and employed by either a law enforcement agency or by the district
school board. If the officer is employed by the district school board, the district school board is the
employing agency for purposes of chapter 943, and must comply with the provisions of that chapter.
(b) A district school board may commission one or more school safety officers for the protection and
safety of school personnel, property, and students within the school district. The district school
superintendent may recommend and the district school board may appoint one or more school safety
officers.
Page 52
(c) A school safety officer has and shall exercise the power to make arrests for violations of law on
district school board property and to arrest persons, whether on or off such property, who violate any
law on such property under the same conditions that deputy sheriffs are authorized to make arrests. A
school safety officer has the authority to carry weapons when performing his or her official duties.
(d) A district school board may enter into mutual aid agreements with one or more law enforcement
agencies as provided in chapter 23. A school safety officers salary may be paid jointly by the district
school board and the law enforcement agency, as mutually agreed to.
(b) The agreements must include the role of school resource officers, if applicable, in handling reported
incidents, circumstances in which school officials may handle incidents without filing a report with a law
enforcement agency, and a procedure for ensuring that school personnel properly report appropriate
delinquent acts and crimes.
Page 53

STATUTES
categories of students. The school district shall involve students, parents, teachers, administrators, school
staff, school volunteers, community representatives, and local law enforcement agencies in the process
of adopting the policy. The school district policy must be implemented in a manner that is ongoing
throughout the school year and integrated with a schools curriculum, a schools discipline policies, and
other violence prevention efforts. The school district policy must contain, at a minimum, the following
components:
(a) A statement prohibiting bullying and harassment.
(b) A definition of bullying and a definition of harassment that include the definitions listed in this
section.
(c) A description of the type of behavior expected from each student and employee of a public K-12
(d) The consequences for a student or employee of a public K-12 educational institution who commits
an act of bullying or harassment.
(e) The consequences for a student or employee of a public K-12 educational institution who is found to
have wrongfully and intentionally accused another of an act of bullying or harassment.
(f) A procedure for reporting an act of bullying or harassment, including provisions that permit a person
to anonymously report such an act. However, this paragraph does not permit formal disciplinary action
to be based solely on an anonymous report.
(g) A procedure for the prompt investigation of a report of bullying or harassment and the persons
responsible for the investigation. The investigation of a reported act of bullying or harassment is
deemed to be a school-related activity and begins with a report of such an act. Incidents that require a
reasonable investigation when reported to appropriate school authorities shall include alleged incidents
of bullying or harassment allegedly committed against a child while the child is en route to school
aboard a school bus or at a school bus stop.
(h) A process to investigate whether a reported act of bullying or harassment is within the scope of the
district school system and, if not, a process for referral of such an act to the appropriate jurisdiction.
(i) A procedure for providing immediate notification to the parents of a victim of bullying or harassment
and the parents of the perpetrator of an act of bullying or harassment, as well as notification to all local
agencies where criminal charges may be pursued against the perpetrator.
(j) A procedure to refer victims and perpetrators of bullying or harassment for counseling.
(k) A procedure for including incidents of bullying or harassment in the schools report of data
concerning school safety and discipline required under s. 1006.09(6). The report must include each
incident of bullying or harassment and the resulting consequences, including discipline and referrals.
Page 54
The report must include in a separate section each reported incident of bullying or harassment that
does not meet the criteria of a prohibited act under this section with recommendations regarding such
incidents. The Department of Education shall aggregate information contained in the reports.
(l) A procedure for providing instruction to students, parents, teachers, school administrators,
counseling staff, and school volunteers on identifying, preventing, and responding to bullying or
harassment.
(m) A procedure for regularly reporting to a victims parents the actions taken to protect the victim.
(n) A procedure for publicizing the policy, which must include its publication in the code of student
conduct required under s. 1006.07(2) and in all employee handbooks.
(5) To assist school districts in developing policies prohibiting bullying and harassment, the Department of
Education shall develop a model policy that shall be provided to school districts no later than October 1,
2008.
(2) By January 1, 2011, the Department of Education shall develop a model policy to serve as a guide for
district school boards in the development of the dating violence and abuse policy described in subsection
(1).
STATUTES
1006.10. Authority of school bus drivers and district school boards relating to student discipline
and student safety on school buses.
(6) District school boards may use transportation, school safety, or FEFP funds to provide added security
for buses transporting disruptive or delinquent students to and from school or other educational activities.
(8) Distribution of safe schools funds to a school district provided in the 2009-2010 General
Appropriations Act is contingent upon and payable to the school district upon the Department of
Educations approval of the school districts bullying and harassment policy. The departments approval of
each school districts bullying and harassment policy shall be granted upon certification by the department
that the school districts policy has been submitted to the department and is in substantial conformity with
the departments model bullying and harassment policy as mandated in subsection (5). Distribution of
safe schools funds provided to a school district in fiscal year 2010-2011 and thereafter shall be contingent
upon and payable to the school district upon the school districts compliance with all reporting procedures
contained in this section.
Page 55
Other/Uncategorized
STATUTES
principal duties.
(8) Any person who makes a report required by this subsection in good faith shall be immune from civil
or criminal liability for making the report.
(1) (b) School personnel shall not be held legally responsible for suspensions of students made in good
faith.
1006.11. Standards for use of reasonable force.
(1) The State Board of Education shall adopt standards for the use of reasonable force by district school
board personnel to maintain a safe and orderly learning environment. Such standards shall be distributed
to each school in the state and shall provide guidance to district school board personnel in receiving the
limitations on liability specified in subsection (2).
(2) Except in the case of excessive force or cruel and unusual punishment, a teacher or other member of
the instructional staff, a principal or the principals designated representative, or a school bus driver shall
not be civilly or criminally liable for any action carried out in conformity with the State Board of Education
and district school board rules regarding the control, discipline, suspension, and expulsion of students,
including, but not limited to, any exercise of authority under s. 1003.32 or s.1006.09.
1006.147 Bullying and harassment prohibited.
(6) A school employee, school volunteer, student, or parent who promptly reports in good faith an act of
bullying or harassment to the appropriate school official designated in the school districts policy and who
makes this report in compliance with the procedures set forth in the policy is immune from a cause of
action for damages arising out of the reporting itself or any failure to remedy the reported incident.

STATUTES
(2) Code of Student Conduct. Adopt a code of student conduct for elementary schools and a code of
Page 56
handbook or similar publication.
(4) The school district shall involve students, parents, teachers, administrators, school staff, school
volunteers, community representatives, and local law enforcement agencies in the process of adopting
the policy.
Other/Uncategorized
STATUTES
(4) Each student enrolled in a school may be required to take the following school childs daily conduct
pledge:
(a) I will be respectful at all times and obedient unless asked to do wrong.
(b) I will not hurt another person with my words or my acts, because it is wrong to hurt others.
(c) I will tell the truth, because it is wrong to tell a lie.
(d) I will not steal, because it is wrong to take someone elses property.
(e) I will respect my body, and not take drugs.
(f) I will show strength and courage, and not do something wrong, just because others are doing it.
(g) I pledge to be nonviolent and to respect my teachers and fellow classmates.
Page 57

School Discipline
resources provided by Florida provide additional context to state policy and regulations and, in some
Title
Description
Website
No relevant
resources found
Documents
No relevant
resources found
Other Resources
No relevant
resources found
Page 58
Georgia
Discipline Laws and
Regulations
Introduction
document.
Notes & Disclaimers

Note: Georgia DOE legal staff reviewed a preliminary draft of this document on April 3, 2013 and
confirmed that the draft was correct and current up through that date. Subsequently, preparers conducted
additional research and updated all compilations with additional policy categories; however, state reviews
were not conducted during that phase.
Prepared by:
Child Trends
7315 Wisconsin Avenue, Suite 1200W
391 South Lexington Drive, Suite 110
Table of Contents
Georgia State Codes Cited ......................................................................................................................... 1
Scope ........................................................................................................................................................ 5
Other weapons ........................................................................................................................................ 33
Substance use......................................................................................................................................... 45
Prevention ............................................................................................................................................... 52
Georgia State Codes Cited

Georgia Revised Statutes
Title 15. Courts
Chapter 11. Juvenile Proceedings
Article 1. Juvenile Proceedings
Part 8. Access to Records and Hearings
15-11-80.
Notice to school officials
15-11-84.
Name and addresses of children fingerprinted and offenses
Title 16. Crimes and Offenses

Article 2. Regulation of Controlled Substances
Part 1. Schedules, Offenses, and Penalties
16-13-32.4.
Manufacturing, distributing, dispensing, or possessing controlled substances in, on, or

near public or private schools.
Title 20. Education

Chapter 1A. Early Care and Learning
20-1A-15.
"Inspection warrant" defined; procedure for issuance; evidence generated inadmissible in

criminal proceedings
Chapter 2. Elementary and Secondary Education

Article 6. Quality Basic Education
Part 2. Competencies and Core Curriculum
20-2-142.
Prescribed courses
20-2-145.
Comprehensive character education program
Article 16. Students

Part 1. School Attendance
Subpart 2. Compulsory Attendance
20-2-701.
Responsibility for reporting truants to juvenile or other courts
Georgia Compilation of School Discipline Laws and Regulations
Page 1
Part 2. Discipline
Subpart 1. Corporal Punishment
20-2-730.
20-2-731.
20-2-732.
Policies and regulations on use of corporal punishment

When and how corporal punishment may be administered
When principal or teacher not liable for administering corporal punishment
Subpart 1A. Improved Student Learning Environment and Discipline

20-2-735.
20-2-736.
20-2-737.
20-2-738.
20-2-739.
20-2-740.
20-2-741.
Adoption of policies by local boards to improve student learning environment

Student codes of conduct; distribution; disciplinary action for violations; parental
involvement
Reports by teacher of violations of student code of conduct; notification to parents of
support services or disciplinary action
Authority of teacher over classroom; procedures following removal of student from
classroom; placement review committees
Conflict management and resolution; cultural diversity training programs
Annual report by local boards of education regarding disciplinary and placement actions;
annual study by Department of Education
Local boards of education to send copies of policies to Department of Education;
applicability; effect on Individualized Education Programs
Subpart 2. Public School Disciplinary Tribunals

20-2-750.
20-2-751.
20-2-751.1.
20-2-751.2.
20-2-751.3.
20-2-751.4.
20-2-751.5.
20-2-751.6.
20-2-751.7.
20-2-752.
20-2-753.
20-2-754.
20-2-755.
20-2-756.
20-2-757.
20-2-758.
20-2-759.
Short title
Definitions
Expulsion and disciplinary policy for students bringing weapons to school
Students subject to disciplinary orders of other school systems
Student code of conduct; policy towards disruptive students
Policies prohibiting bullying; assignment to alternative school; notice
Student codes of conduct; safety rules on school buses; distribution
Disciplinary policy for students committing acts of physical violence against teacher,
school bus driver, or other school official or employee
State mandated process for students to follow in reporting instances of alleged
inappropriate behavior by teacher or other school personnel; notice of process; training;
investigations
Establishment of disciplinary hearing officers, panels, or tribunals for imposition of
suspension or expulsion; rules and regulations; appeals
Disciplinary hearing officer, panel, or tribunal to hold disciplinary hearing following
allegation of assault and battery or recommended suspension or expulsion exceeding 10
days
Procedures to be followed by disciplinary officer, panel, or tribunal; review
Authorization of disciplinary officer, panel, or tribunal to determine disciplinary action
Reports to law enforcement officials
Applicability of public inspection and open meeting laws
Legal actions not prohibited, restricted, or limited by disciplinary hearing; rights to appeal
from decision of school board
Children in kindergarten through grade five
Page 2
Subpart 3. Chronic Disciplinary Problem Students

20-2-764.
20-2-765.
20-2-766.
20-2-766.1.
Definitions
Notification of parent or guardian of chronic disciplinary problem student; observance of
child by parent or guardian; attendance of conference with principal or teacher or both
Students returning from expulsion or suspension; notice to parents; conference with
principal or teacher to devise disciplinary and behavioral correction plan
Proceeding against parents for failure to cooperate in educational programs; penalty
Subpart 4. Alternative Educational Systems

20-2-767.
20-2-768.
20-2-769.
Definitions
Expulsion or suspension of students for felonies; alternative educational system; policy
Alternative educational programs; grants; annual reports
Article 18A. Liability of Educators for Disciplining Students

20-2-1000.
20-2-1001.
Limitation on civil damages for disciplining student; "educator" defined; frivolous or

nonmeritorious actions; legal counsel for the educator
Limited immunity from criminal liability
Georgia Administrative Code

160-4-2-.12.
160-4-7-.10.
160-4-8-.01.
160-4-8-.12.
160-4-8-.15.
160-5-1-.10.
160-5-1-.35.
Comprehensive health and physical education program plan

Discipline
Student support services
Alternative education programs
Student discipline
Student attendance
Seclusion and restraint for all students
Page 3
General Provisions
STATUTES
20-2-735. Adoption of policies by local boards to improve student learning environment.
(a) No later than July 1, 2000, each local board of education shall adopt policies designed to improve the
student learning environment by improving student behavior and discipline. These policies shall provide
for the development of age-appropriate student codes of conduct containing standards of behavior, a
student support process, a progressive discipline process, and a parental involvement process. The State
Board of Education shall establish minimum standards for such local board policies. The Department of
Education shall make available for utilization by each local board of education model student codes of
conduct, a model student support process, a model progressive discipline process, and a model parental
involvement process.
(b) Student standards of behavior developed pursuant to this subpart shall be designed to create the
expectation that students will behave themselves in such a way so as to facilitate a learning environment
for themselves and other students, respect each other and school district employees, obey student
behavior policies adopted by the local board of education, and obey student behavior rules established by
individual schools.
(c) Student support processes developed pursuant to this subpart shall be designed to create the
expectation that the process of disciplining students will include due consideration, as appropriate in light
of the severity of the behavioral problem, of student support services that may help the student address
behavioral problems and that may be available through the school, the school system, other public
entities, or community organizations.
20-2-736. Student codes of conduct; distribution; disciplinary action for violations; parental
involvement.
(b) Local boards of education shall provide for disciplinary action against students who violate student
codes of conduct.
ADMINISTRATIVE CODE
160-4-7-.10. Discipline.
(1) General provisions.
(a) According to Georgia school laws, L EA s are given the responsibility to develop appropriate and
legally based disciplinary procedures.
160-4-8-.15. Student discipline.
(2) Requirements.
(a) Each local board of education shall adopt policies designed to improve the student learning
environment by improving student behavior and discipline
(d) Local boards of education shall provide for disciplinary actions against students who violate student
codes of conduct;
Page 4
Scope
STATUTES
20-2-751.4. Policies prohibiting bullying; assignment to alternative school; notice.
(a) As used in this Code section, the term "bullying" means an act which occurs on school property, on
school vehicles, at designated school bus stops, or at school related functions or activities, or by use of
data or software that is accessed through a computer, computer system, computer network, or other
electronic technology of a local school system
20-2-751.5. Student codes of conduct; safety rules on school buses; distribution.
(a) Each student code of conduct shall contain provisions that address the following conduct of students
during school hours, at school related functions, and on the school bus in a manner that is appropriate to
the age of the student:
(9) Willful or malicious damage to real or personal property of the school or to personal property of any
person legitimately at the school;
(11) Marking, defacing, or destroying school property;
(17) Falsifying, misrepresenting, omitting, or erroneously reporting information regarding instances of
alleged inappropriate behavior by a teacher, administrator, or other school employee toward a student.
With regard to paragraphs (9), (11), and (17) of this subsection, each student code of conduct shall also
contain provisions that address conduct of students during off-school hours.
(b) (1) In addition to the requirements contained in subsection (a) of this Code section, each student code
of conduct shall include comprehensive and specific provisions prescribing and governing student
conduct and safety rules on all public school buses
(c) Each student code of conduct shall also contain provisions that address any off-campus behavior of a
student which could result in the student being criminally charged with a felony and which makes the
student's continued presence at school a potential danger to persons or property at the school or which
disrupts the educational process.
ADMINISTRATIVE CODE
(2) Requirements.
environment by improving student behavior and discipline. These policies shall provide for the
development of age appropriate student codes of conduct that contain the following, at a minimum:
1. Standards for student behavior during school hours, at school-related functions, on school buses,
and at school bus stops designed to create the expectation that students will behave themselves in
such a way so as to facilitate a learning environment for themselves and other students, respect each
other and school district employees, obey student behavior policies adopted by the local board of
education, and obey student behavior rules established by individual schools;
15. Any off-campus behavior of a student which could result in the student being criminally charged
with a felony and which makes the student's continued presence at school a potential danger to
persons or property at the school or which disrupts the educational process;
Page 5
STATUTES
16-13-32.4. Manufacturing, distributing, dispensing, or possessing controlled substances in, on,
or near public or private schools.
(f) A county school board may adopt regulations requiring the posting of signs designating the areas
within 1,000 feet of school boards and private or public elementary and secondary schools as "Drug-free
School Zones."
involvement.
(a) At the beginning of each school year, local boards of education shall provide for the distribution of
student codes of conduct developed pursuant to Code Section 20-2-735 to each student upon enrollment.
Local boards of education shall provide for the distribution of such student codes of conduct to the
parents or guardians of each student through such means as may best accomplish such distribution at
the local level and are appropriate in light of the grade level of the student, including distribution of
student codes of conduct to students and parents or guardians jointly. Local boards of education shall
solicit or require the signatures or confirmation of receipt of students and parents or guardians in
acknowledgment of the receipt of such student codes of conduct. A signature or confirmation of receipt
may be obtained in writing, via electronic mail or facsimile, or by any other electronic or other means as
designated by the local board. A parent or legal guardian that does not acknowledge receipt of the
student code of conduct shall not be absolved of any responsibility with respect to the information
contained in the student code of conduct. In addition, student codes of conduct shall be available in each
school and classroom.
20-2-751.4. Policies prohibiting bullying; assignment to alternative school; notice
(4) Each local board of education shall ensure that students and parents of students are notified of the
prohibition against bullying, and the penalties for violating the prohibition, by posting such information at
each school and by including such information in student and parent handbooks.
(e) Any student handbook which is prepared by a local board or school shall include a copy of the student
code of conduct for that school or be accompanied by a copy of the student code of conduct for that
school as annually distributed pursuant to Code Section 20-2-736. When distributing a student code of
conduct, a local school shall include a form for acknowledgment of the student's parent or guardian's
receipt of the code, and the local school shall solicit or require that the form be signed and returned to the
school.
ADMINISTRATIVE CODE
(b) Local boards of education shall provide for the distribution of student codes of conduct to each student
upon enrollment and to the parents and guardians of each student and may solicit the signatures of
students and parents or guardians in acknowledgment of the receipt of such student codes of conduct.
(c) Student codes of conduct shall be available in each school and classroom.
Page 6
STATUTES
(d) Progressive discipline processes developed pursuant to this subpart shall be designed to create the
expectation that the degree of discipline will be in proportion to the severity of the behavior leading to the
discipline, that the previous discipline history of the student being disciplined and other relevant factors
will be taken into account, and that all due process procedures required by federal and state law will be
followed.
(c) No later than January 1, 2011, the Department of Education shall develop a model policy regarding
bullying, that may be revised from time to time, and shall post such policy on its website in order to assist
local school systems. Such model policy shall include:
(4) An age-appropriate range of consequences for bullying which shall include, at minimum and without
limitation, disciplinary action or counseling as appropriate under the circumstances;
(b) (2) If a student is found to have engaged in physical acts of violence as defined by Code Section 20-2751.6, the student shall be subject to the penalties set forth in such Code section. If a student is found
to have engaged in bullying as defined by subsection (a) of Code Section 20-2-751.4 or in physical
assault or battery of another person on the school bus, the local school board policy shall require a
meeting of the parent or guardian of the student and appropriate school district officials to form a school
bus behavior contract for the student. Such contract shall provide for progressive age-appropriate
discipline, penalties, and restrictions for student misconduct on the bus. Contract provisions may
include but shall not be not limited to assigned seating, ongoing parental involvement, and suspension
from riding the bus. This subsection is not to be construed to limit the instances when a school code of
conduct or local board of education may require use of a student bus behavior contract.
ADMINISTRATIVE CODE
(1) Definitions.
(b) Disciplinary Order - any public or private school or school system order that imposes short-term
suspension, long-term suspension, or expulsion upon a student in such school or system.
Page 7
(c) Discipline Policies- outlines consequences and punishments that will occur in the response to
specify unacceptable behaviors.
(d) Progressive Discipline -the levels of consequences assigned to students who violate codes of
conduct based on severity of misbehavior, students discipline history, and other relevant factors.
(2) Requirements.
18. Progressive discipline processes designed to create the expectation that the degree of discipline
will be in proportion to the severity of the behavior, that the previous discipline history of the student
and other relevant factors will be taken into account; and that all due process procedures required by
federal and state law will be followed;
160-5-1-.10. Student attendance.
(2) Requirements.
(j) Each local board of education shall implement a progressive discipline process and a parental
involvement process for truant students before referring the students to the juvenile or other court
having jurisdiction.

STATUTES
20-2-738. Authority of teacher over classroom; procedures following removal of student from
classroom; placement review committees.
(a) A teacher shall have the authority, consistent with local board policy, to manage his or her classroom,
discipline students, and refer a student to the principal or the principal's designee to maintain discipline in
the classroom. The principal or the principal's designee shall respond when a student is referred by a
teacher by employing appropriate discipline management techniques that are consistent with local board
policy.
(b) A teacher shall have the authority to remove from his or her class a student who repeatedly or
substantially interferes with the teacher's ability to communicate effectively with the students in the class
or with the ability of the student's classmates to learn, where the student's behavior is in violation of the
student code of conduct, provided that the teacher has previously filed a report pursuant to Code Section
20-2-737 or determines that such behavior of the student poses an immediate threat to the safety of the
student's classmates or the teacher. Each school principal shall fully support the authority of every
teacher in his or her school to remove a student from the classroom under this Code section. Each school
principal shall implement the policies and procedures of the superintendent and local board of education
relating to the authority of every teacher to remove a student from the classroom and shall disseminate
such policies and procedures to faculty, staff, and parents or guardians of students. The teacher shall file
with the principal or the principal's designee a report describing the student's behavior, in one page or
less, by the end of the school day on which such removal occurs or at the beginning of the next school
day. The principal or the principal's designee shall, within one school day after the student's removal from
class, send to the student's parents or guardians written notification that the student was removed from
class, a copy of the report filed by the teacher, and information regarding how the student's parents or
guardians may contact the principal or the principal's designee.
Page 8
(c) If a teacher removes a student from class pursuant to subsection (b) of this Code section, the principal
or the principal's designee shall discuss the matter with the teacher and the student by the end of the
school day on which such removal occurs or at the beginning of the next school day. The principal or the
principal's designee shall give the student oral or written notice of the grounds for his or her removal from
class and, if the student denies engaging in such conduct, the principal or the principal's designee shall
explain the evidence which supports his or her removal from class and give the student an opportunity to
present his or her explanation of the situation. If, after such discussions, the principal or the principal's
designee seeks to return the student to the teacher's class and the teacher gives his or her consent, the
student shall be returned to the class, and the principal or the principal's designee may take action to
discipline the student, as may be warranted, pursuant to paragraph (1) of subsection (e) of this Code
section. If, after such discussions, the principal or the principal's designee seeks to return the student to
the teacher's class and the teacher withholds his or her consent to the student's return to his or her class,
the principal or the principal's designee shall determine an appropriate temporary placement for the
student by the end of the first school day following such removal and shall also take steps to convene a
meeting of a placement review committee. The placement review committee shall convene by the end of
the second school day following such removal by the teacher and shall issue a decision by the end of the
third school day following such removal by the teacher. An appropriate temporary placement for the
student shall be a placement that, in the judgment of the principal or the principal's designee, provides the
least interruption to the student's education and reflects other relevant factors, including, but not limited
to, the severity of the behavior that was the basis for the removal, the student's behavioral history, the
student's need for support services, and the available education settings; provided, however, that the
student shall not be returned to the class of the teacher who removed him or her, as an appropriate
temporary placement, unless the teacher gives his or her consent. The temporary placement shall be in
effect from the time of removal until the decision of the placement review committee is issued or, if
applicable, a placement determination is made pursuant to paragraph (2) of subsection (e) of this Code
section.
(d) Local board policies adopted pursuant to Code Section 20-2-735 shall provide for the establishment at
each school of one or more placement review committees, each of which is to be composed of three
members, to determine the placement of a student when a teacher withholds his or her consent to the
return of a student to the teacher's class. For each committee established, the faculty shall choose two
teachers to serve as members and one teacher to serve as an alternate member, and the principal shall
choose one member of the professional staff of the school to serve as a member. The teacher
withholding consent to readmit the student may not serve on the committee. The placement review
committee shall have the authority to:
(1) Return the student to the teacher's class upon determining that such placement is the best
alternative or the only available alternative; or
(2) Refer the student to the principal or the principal's designee for appropriate action consistent with
paragraph (2) of subsection (e) of this Code section.
The decision of the placement review committee shall be in writing and shall be made within three school
days after the teacher withholds consent to the return of a student. Local boards of education shall
provide training for members of placement review committees regarding the provisions of this subpart,
including procedural requirements; local board policies relating to student discipline; and the student code
of conduct that is applicable to the school.
(e) (1) If a placement review committee decides to return a student to a class from which he or she was
removed, the principal or the principal's designee shall implement such decision of the placement
review committee. In addition, the principal or the principal's designee may, consistent with any
applicable procedural requirements of the Constitutions of the United States and this state and after
Page 9
considering the use of any appropriate student support services, take any of the following actions which
are authorized as a response to the alleged violation of the student code of conduct by local board
policies adopted pursuant to Code Section 20-2-735:
(A) Place the student in an alternative education program;
(B) Impose out-of-school suspension for not more than ten school days, including any time during
which the student was subject to out-of-school suspension after his or her removal from class
pursuant to subsection (b) of this Code section; or
(C) Make another disciplinary decision or recommendation consistent with local board policy.
(2) If a placement review committee decides not to return a student to a class from which he or she was
review committee. In addition, the principal or the principal's designee shall determine an appropriate
placement for the student and may take action to discipline the student, in a manner consistent with any
considering the use of any appropriate student support services, as follows, provided that the
placement or disciplinary action is authorized as a response to the alleged violation of the student code
of conduct by local board policies adopted pursuant to Code Section 20-2-735:
(A) Place the student into another appropriate classroom or an alternative education program;
pursuant to subsection (b) of this Code section;
(C) Make another placement or disciplinary decision or recommendation consistent with local board
policy; or
(D) Implement or recommend any appropriate combination of the above and return the student to the
class from which he or she was removed upon the completion of any disciplinary or placement action
taken pursuant to this paragraph.
(f) Within one school day of taking action pursuant to subsection (e) of this Code section, the principal or
the principal's designee shall send written notification of such action to the teacher and the parents or
guardians of the student and shall make a reasonable attempt to confirm that such written notification has
been received by the student's parents or guardians.
(g) Parents or guardians of a student who has been removed from class pursuant to subsection (b) of this
Code section may be required to participate in conferences that may be requested by the principal or the
principal's designee; provided, however, that a student may not be penalized for the failure of his or her
parent or guardian to attend such a conference.
(h) The procedures contained in this Code section relating to student conferences and notification of
parents or guardians are minimum requirements. Nothing in this Code section shall be construed to limit
the authority of a local board of education to establish additional requirements relating to student
conferences, notification of parents or guardians, conferences with parents or guardians, or other
procedures required by the Constitutions of the United States or this state.
(d) Local board policies relating to student codes of conduct shall provide that each local school
superintendent shall fully support the authority of principals and teachers in the school system to remove
a student from the classroom pursuant to Code Section 20-2-738, including establishing and
disseminating procedures. It is the policy of this state that it is preferable to reassign disruptive students
to alternative educational settings rather than to suspend or expel such students from school.
Page 10
ADMINISTRATIVE CODE
(2) Requirements.
(e) Local board policies relating to student codes of conduct shall provide that each local superintendent
shall fully support the authority of principals and teachers in the school system to remove a student
from the classroom pursuant to O.C.G.A. 20-2-738, including establishing and disseminating
procedures.
STATUTES
(f) It is the policy of this state that it is preferable to reassign disruptive students to alternative educational
settings rather than to suspend or expel such students from school.
(d) Local board policies relating to student codes of conduct shall provide that each local school
superintendent shall fully support the authority of principals and teachers in the school system to remove
a student from the classroom pursuant to Code Section 20-2-738, including establishing and
disseminating procedures. It is the policy of this state that it is preferable to reassign disruptive students
to alternative educational settings rather than to suspend or expel such students from school.
ADMINISTRATIVE CODE
(2) Requirements.
(f) It is the preferred policy of the board that disruptive students are placed in alternative education
settings in lieu of being suspended or expelled.

STATUTES
20-2-731. When and how corporal punishment may be administered.
An area, county, or independent board of education may, upon the adoption of written policies, authorize
any principal or teacher employed by the board to administer, in the exercise of his sound discretion,
corporal punishment on any pupil or pupils placed under his supervision in order to maintain proper
control and discipline. Any such authorization shall be subject to the following requirements:
(1) The corporal punishment shall not be excessive or unduly severe;
(2) Corporal punishment shall never be used as a first line of punishment for misbehavior unless the
pupil was informed beforehand that specific misbehavior could occasion its use; provided, however,
that corporal punishment may be employed as a first line of punishment for those acts of misconduct
which are so antisocial or disruptive in nature as to shock the conscience;
(3) Corporal punishment must be administered in the presence of a principal or assistant principal, or
the designee of the principal or assistant principal, employed by the board of education authorizing
such punishment, and the other principal or assistant principal, or the designee of the principal or
Page 11
assistant principal, must be informed beforehand and in the presence of the pupil of the reason for the
punishment;
(4) The principal or teacher who administered corporal punishment must provide the child's parent,
upon request, a written explanation of the reasons for the punishment and the name of the principal or
assistant principal, or designee of the principal or assistant principal, who was present; provided,
however, that such an explanation shall not be used as evidence in any subsequent civil action brought
as a result of the corporal punishment; and
(5) Corporal punishment shall not be administered to a child whose parents or legal guardian has upon
the day of enrollment of the pupil filed with the principal of the school a statement from a medical doctor
licensed in Georgia stating that it is detrimental to the child's mental or emotional stability.
20-2-732. When principal or teacher not liable for administering corporal punishment.
No principal or teacher who shall administer corporal punishment to a pupil or pupils under his care and
supervision in conformity with the policies and regulations of the area, county, or independent board of
education employing him and in accordance also with this subpart shall be held accountable or liable in
any criminal or civil action based upon the administering of corporal punishment where the corporal
punishment is administered in good faith and is not excessive or unduly severe.

STATUTES
20-1A-15. "Inspection warrant" defined; procedure for issuance; evidence generated inadmissible
in criminal proceedings.
(a) As used in this chapter, the term "inspection warrant" means a warrant authorizing a search or
inspection of private property where such a search or inspection is one that is necessary for the
enforcement of any of the provisions of laws authorizing licensure, inspection, or regulation by the
department.
(b) The commissioner or the commissioner's delegate, in addition to other procedures now or hereafter
provided, may obtain an inspection warrant under the conditions specified in this Code section. Such
warrant shall authorize the commissioner or the commissioner's agents to conduct a search or inspection
of property, either with or without the consent of the person whose property is to be searched or
inspected, if such search or inspection is one that is elsewhere authorized under the rules and regulations
duly promulgated under this chapter or any provision of law which authorizes licensure, inspection, or
regulation by the department.
(c) Inspection warrants shall be issued only by a judge of a court of record whose territorial jurisdiction
encompasses the property to be inspected.
(d) The issuing judge shall issue the warrant when such judge is satisfied that the following conditions are
met:
(1) The one seeking the warrant must establish under oath or affirmation that the property to be
inspected is to be inspected as a part of a legally authorized program of inspection which includes that
property or that there is probable cause for believing that there is a condition, object, activity, or
circumstance which legally justifies such an inspection of that property; and
(2) The issuing judge determines that the issuance of the warrant is authorized by this Code section.
(e) The inspection warrant shall be validly issued only if it meets the following requirements:
(1) The warrant is attached to the affidavit required to be made in order to obtain the warrant;
Page 12
(2) The warrant describes, either directly or by reference to the affidavit, the property upon which the
inspection is to occur and is sufficiently accurate that the executor of the warrant and the owner or
possessor of the property can reasonably determine from it the property of which the warrant authorizes
an inspection;
(3) The warrant indicates the conditions, objects, activities, or circumstances which the inspection is
intended to check or reveal; and
(4) The warrant refers, in general terms, to the statutory or regulatory provisions sought to be enforced.
(f) No facts discovered or evidence obtained in an inspection conducted under authority of an inspection
warrant issued pursuant to this chapter shall be competent as evidence in any criminal proceeding
against any party.

Page 13

STATUTES
20-2-751.6. Disciplinary policy for students committing acts of physical violence against teacher,
school bus driver, or other school official or employee.
(a) As used in this Code section, the term "physical violence" means:
(1) Intentionally making physical contact of an insulting or provoking nature with the person of another;
or
(2) Intentionally making physical contact which causes physical harm to another unless such physical
contacts or physical harms were in defense of himself or herself, as provided in Code Section 16-3-21.
(c) (3) Any student who is found by a disciplinary hearing officer, panel, or tribunal to have committed an
act of physical violence as defined in paragraph (1) of subsection (a) of this Code section against a
teacher, school bus driver, school official, or school employee may be disciplined by expulsion, longterm suspension, or short-term suspension.

STATUTES
20-2-751.1. Expulsion and disciplinary policy for students bringing weapons to school.
(a) Each local board of education shall establish a policy requiring the expulsion from school for a period
of not less than one calendar year of any student who is determined, pursuant to this subpart, to have
brought a weapon to school.
(b) The local board of education shall have the authority to modify such expulsion requirement as
provided in subsection (a) of this Code section on a case-by-case basis.
(c) A hearing officer, tribunal, panel, superintendent, or local board of education shall be authorized to
place a student determined to have brought a weapon to school in an alternative educational setting.
(d) Nothing in this Code section shall infringe on any right provided to students with Individualized
Education Programs pursuant to the federal Individuals with Disabilities Education Act, Section 504 of the
federal Rehabilitation Act of 1973, or the federal Americans with Disabilities Act.
or
(b) Local board of education policies and student codes of conduct shall provide for the penalties to be
assessed against a student found by a disciplinary hearing officer, panel, or tribunal pursuant to Code
Section 20-2-752 to have committed any act of physical violence against a teacher, school bus driver, or
Page 14
other school official or employee. Such disciplinary hearing officer, panel, or tribunal shall hold any
disciplinary hearing in accordance with the provisions of Code Section 20-2-754. Any student alleged to
have committed an act of physical violence shall be suspended pending the hearing by the disciplinary
hearing officer, panel, or tribunal. The decision of the disciplinary hearing officer, panel, or tribunal may be
appealed to the local school board pursuant to Code Section 20-2-754. If appropriate under paragraph (1)
of subsection (c) of this Code section, the decision of the disciplinary hearing officer, panel, or tribunal
shall include a recommendation as to whether a student may return to public school and, if return is
recommended, a recommended time for the student's return to public school. The local school board may
impose penalties not recommended by the disciplinary hearing officer, panel, or tribunal.
(c) (1) A student found by a disciplinary hearing officer, panel, or tribunal to have committed an act of
physical violence as defined in paragraph (2) of subsection (a) of this Code section against a teacher,
school bus driver, school official, or school employee shall be expelled from the public school system.
The expulsion shall be for the remainder of the student's eligibility to attend public school pursuant to
Code Section 20-2-150. The local school board at its discretion may permit the student to attend an
alternative education program for the period of the student's expulsion. If the student who commits an
act of physical violence is in kindergarten through grade eight, then the local school board at its
discretion and on the recommendation of the disciplinary hearing officer, panel, or tribunal may permit
such a student to reenroll in the regular public school program for grades nine through 12. If the local
school board does not operate an alternative education program for students in kindergarten through
grade six, the local school board at its discretion may permit a student in kindergarten through grade six
who has committed an act of physical violence as defined in paragraph (2) of subsection (a) of this
Code section to reenroll in the public school system;
(3) Any student who is found by a disciplinary hearing officer, panel, or tribunal to have committed an

STATUTES
(3) Corporal punishment must be administered in the presence of a principal or assistant principal, or the
designee of the principal or assistant principal, employed by the board of education authorizing such
punishment, and the other principal or assistant principal, or the designee of the principal or assistant
principal, must be informed beforehand and in the presence of the pupil of the reason for the punishment;
Page 15
20-2-768. Expulsion or suspension of students for felonies; alternative educational system; policy.
(c) It is the policy of this state that it is preferable to reassign disruptive students to alternative educational
ADMINISTRATIVE CODE
160-4-7-.10. Discipline
(1) General provisions.
(b) The code of student conduct shall apply to all children unless a child's individualized education
program (IEP) specifically provides otherwise . The LEA shall ensure that the parents and the child with
a disability receive notice of the rules and regulations applicable to children with disabilities with respect
to child management, discipline and suspension/expulsion upon the child's entry into a special
education program or at the annual IEP review.
(2) Authority of school personnel.
(a) School personnel may consider any unique circumstances on a case-by-case basis when
determining whether a change in placement, consistent with the other requirements of this Rule, is
appropriate for a child with a disability who violates a code of student conduct.

STATUTES
20-2-752. Establishment of disciplinary hearing officers, panels, or tribunals for imposition of
suspension or expulsion; rules and regulations; appeals.
Local boards of education may establish by policy, rule, or regulation disciplinary hearing officers, panels,
or tribunals of school officials to impose suspension or expulsion. If such hearing officers, panels, or
tribunals are established, such rules and regulations must include the following:
(1) Provisions governing the manner of selecting the hearing officers or members of the panels or
tribunals and the number of members thereof;
(2) Provisions governing procedures to be followed by such hearing officers, panels, or tribunals in factfinding, hearings, and reporting recommendations to the local board;
(3) Provisions granting a right to appeal to the local board when the punishment imposed by hearing
officers, panels, or tribunals is long-term suspension or expulsion; and
(4) Provisions whereby the local school superintendent may suspend enforcement of the suspension or
expulsion ordered by the hearing officers, panels, or tribunals pending the outcome of any appeal to the
local board.
20-2-754. Procedures to be followed by disciplinary officer, panel, or tribunal; review.
(a) The provisions of Code Section 20-2-1160 shall apply to disciplinary proceedings under this subpart.
(b) A disciplinary officer, panel, or tribunal of school officials appointed as required by Code Section 20-2753 shall, in addition to any other requirements imposed by rules and regulations which may have been
promulgated pursuant to Code Section 20-2-752, ensure that:
(1) All parties are afforded an opportunity for a hearing after reasonable notice served personally or by
mail. This notice shall be given to all parties and to the parent or guardian of the student or students
involved and shall include a statement of the time, place, and nature of the hearing; a short and plain
Page 16
statement of the matters asserted; and a statement as to the right of all parties to present evidence and
to be represented by legal counsel;
(2) The hearing is held no later than ten school days after the beginning of the suspension unless the
school system and parents or guardians mutually agree to an extension;
(3) All parties are afforded an opportunity to present and respond to evidence and to examine and
cross-examine witnesses on all issues unresolved;
(4) Any teacher who is called as a witness by the school system shall be given notice no later than
three days prior to the hearing; and
(5) A verbatim electronic or written record of the hearing shall be made and shall be available to all
parties.
(c) If appointed to review an instance pursuant to Code Section 20-2-753, the disciplinary officer, panel,
or tribunal shall conduct the hearing and, after receiving all evidence, render its decision, which decision
shall be based solely on the evidence received at the hearing. The decision shall be in writing and shall
be given to all parties within ten days of the close of the record. Any decision by such disciplinary officer,
panel, or tribunal may be appealed to the local board of education by filing a written notice of appeal
within 20 days from the date the decision is rendered. Any disciplinary action imposed by such officer,
panel, or tribunal may be suspended by the school superintendent pending the outcome of the appeal.
(d) The local board of education shall review the record and shall render a decision in writing. The
decision shall be based solely on the record and shall be given to all parties within ten days, excluding
weekends and public and legal holidays provided for in Code Section 1-4-1, from the date the local board
of education receives the notice of appeal. The board may take any action it determines appropriate, and
any decision of the board shall be final. All parties shall have the right to be represented by legal counsel
at any such appeal and during all subsequent proceedings.
(e) Either or both parents or guardians or legal counsel of the student involved may obtain a copy of any
documents relating to a disciplinary proceeding conducted pursuant to this Code section.
20-2-755. Authorization of disciplinary officer, panel, or tribunal to determine disciplinary action.
The disciplinary officer, panel, or tribunal of school officials, when appointed as required in Code Section
20-2-753, shall determine what, if any, disciplinary action shall be taken. Such action may include, but is
not limited to, expulsion, long-term suspension, or short-term suspension. Any action taken by such
officer, panel, or tribunal shall be subject to modification by the local school board on appeal.
or
(b) Local board of education policies and student codes of conduct shall provide for the penalties to be
assessed against a student found by a disciplinary hearing officer, panel, or tribunal pursuant to Code
Section 20-2-752 to have committed any act of physical violence against a teacher, school bus driver, or
other school official or employee. Such disciplinary hearing officer, panel, or tribunal shall hold any
disciplinary hearing in accordance with the provisions of Code Section 20-2-754. Any student alleged to
have committed an act of physical violence shall be suspended pending the hearing by the disciplinary
hearing officer, panel, or tribunal. The decision of the disciplinary hearing officer, panel, or tribunal may be
Page 17
appealed to the local school board pursuant to Code Section 20-2-754. If appropriate under paragraph (1)
of subsection (c) of this Code section, the decision of the disciplinary hearing officer, panel, or tribunal
shall include a recommendation as to whether a student may return to public school and, if return is
recommended, a recommended time for the student's return to public school. The local school board may
impose penalties not recommended by the disciplinary hearing officer, panel, or tribunal.
(c) (1) A student found by a disciplinary hearing officer, panel, or tribunal to have committed an act of
physical violence as defined in paragraph (2) of subsection (a) of this Code section against a teacher,
school bus driver, school official, or school employee shall be expelled from the public school system.
The expulsion shall be for the remainder of the student's eligibility to attend public school pursuant to
Code Section 20-2-150. The local school board at its discretion may permit the student to attend an
alternative education program for the period of the student's expulsion. If the student who commits an
act of physical violence is in kindergarten through grade eight, then the local school board at its
discretion and on the recommendation of the disciplinary hearing officer, panel, or tribunal may permit
such a student to reenroll in the regular public school program for grades nine through 12. If the local
school board does not operate an alternative education program for students in kindergarten through
grade six, the local school board at its discretion may permit a student in kindergarten through grade six
who has committed an act of physical violence as defined in paragraph (2) of subsection (a) of this
Code section to reenroll in the public school system;
act of physical violence against a teacher, school bus driver, school official, or school employee as
defined in paragraph (2) of subsection (a) of this Code section shall be referred to juvenile court with a
request for a petition alleging delinquent behavior; and
ADMINISTRATIVE CODE
(b) School personnel may remove a child with a disability who violates a code of student conduct from
his or her current placement to an appropriate interim alternative educational setting, another setting or
suspension, for not more than 10 consecutive school days (to the extent those alternatives are applied
to children without disabilities), and for additional removals of not more than 10 consecutive school
days in that same school year for separate incidents of misconduct ( as long as those removals do not
constitute a change of placement under this Rule).
(c) After a child with a disability has been removed from his or her current placement for 10 school days
in the same school year, during any subsequent days of removal the LEA must provide services to the
extent required under this Rule.
(d) For disciplinary changes in placement that would exceed 10 consecutive school days, if the behavior
that gave rise to the violation of the school code is determined not to be a manifestation of the childs
disability under this Rule, school personnel may apply the relevant disciplinary procedures to children
with disabilities in the same manner and for the same duration as the procedures would be applied to
children without disabilities except as provided in (e) of this Rule.
(e) Services. A child with a disability who is removed from his or her current placement for more than 10
consecutive school days must:
Page 18
1. Continue to receive educational services, as provided in Rule 160-4-7- .02 Free and Appropriate
Public Education, so as to enable the child to continue to participate in the general educational
curriculum, although in another setting, and to progress toward meeting the goals set out in the child's
IEP ; and
2. Receive, as appropriate, a functional behavioral assessment and behavioral intervention services
and modifications as set forth in the behavioral intervention plan and IEP, where appropriate, that are
designed to address the behavior violation so it does not recur.
3. The LEA is only required to provide services during periods of removal to a child with a disability
who has been removed from his or her current placement for 10 school days or less in that school
year, if services are provided to a child without disabilities who has been similarly removed.
4. After a child with a disability has been removed from his or her current placement for 10 school
days in the same school year, if the current removal is not for more than 10 consecutive school days
and is not a change in placement because of disciplinary removals, school personnel, in consultation
with at least one of the child's teachers, determine the extent to which services are needed in order to
provide a free, appropriate public education, so as to enable the child to continue to participate in the
general education curriculum, although in another setting, and to progress toward meeting the goals
set out in the child's IEP.
5. If the removal is for more than 10 consecutive school days or is a change in placement because of
disciplinary removals, the child's IEP Team determines appropriate services needed in order to
6. The services required in (e) may be provided in an interim alternative educational setting.
(3) Manifestation determination.
(a) Within 10 school days of any decision to change the placement of a child with a disability because of
a violation of a code of student conduct, the LEA, the parent, and the relevant members of the child's
IEP Team (as determined by the parent and the LEA) must review all relevant information in the child's
file, including the child's IEP, any teacher observations, and any relevant information provided by the
parents to determine:
1. If the conduct in question was caused by, or had a direct and substantial relationship t0, the Child's
disability; or
2. If the conduct in question was the direct result of the LEA's failure to implement the IEP.
(b) The conduct must be determined to be a manifestation of the child's disability if the LEA , the parent
and relevant members of the child's IEP Team determine that the conduct in question was caused by,
or had a direct and substantial relationship to, the child's disability; or the conduct in question was the
direct result of the LEA's failure to implement the IEP.
(c) If the LEA, the parent and the relevant members of the child's IEP Team determines the conduct in
question was a direct result of the failure of the LEA to implement the IEP, the LEA must take
immediate steps to remedy those deficiencies.
(4) Determination that behavior was a manifestation.
(a) If the LEA, the parent and relevant members of the I E P Team make the determination that the
conduct was a manifestation of the child's disability, the IEP Team must either:
1. Conduct a functional behavioral assessment, unless the LEA had conducted a functional
behavioral assessment before the behavior that resulted in the change of placement occurred, and
implement a behavioral intervention plan for the child; or
Page 19
2. If a behavioral intervention plan already has been developed, review the behavioral intervention
plan, and modify it, as necessary, to address the behavior, and except as provided in paragraph (5)
below, return the child to the placement from which the child was removed, unless the parent and the
LEA agree to a change of placement as part of the modification of the behavioral intervention plan.
(5) Special circumstances.
(a) School personnel may remove a child to an interim alternative educational setting for not more than
45 school days without regard to whether the behavior is determined to be a manifestation of the child's
disability, if the child :
1. Carries a weapon to or possesses a weapon at school, on school premises, or at a school function
under the jurisdiction of the State or the LEA;
2. Knowingly possesses or uses illegal drugs, or sells or solicits the sale of a controlled substance,
while at school, on school premises, or to a school function under the jurisdiction of the State or the
LEA ; or
3. Has inflicted serious bodily injury upon another person while at school, on school premises, or at a
school function under the jurisdiction of the State or the LEA.
(b) The interim alternative educational setting is determined by the IEP Team.
(6) Notification.
(a) On the date on which the decision is made to make a removal that constitutes a change of
placement of a child with a disability because of a violation of a code of child conduct, the L EA must
notify the parents of that decision, and provide the parents the procedural safeguards notice described
in Rule 160-4-7- .09 Procedural Safeguards.
(7) Definitions.
For purpose of this section, the following definitions apply:
(a) Controlled substance - a drug or other substance identified under schedules I, 11, 111, IV , or V in
section 202(c) of the Controlled Substances A ct (21 U .S .C . 812(c)).
(b) Illegal drug - a controlled substance ; but does not include a controlled substance that is legally
possessed or used under the supervision of a licensed health-care professional or that is legally
possessed or used under any other authority under that A ct or under any other provision of Federal
law.
(c) Serious bodily injury - has the meaning given the term "serious bodily injury" under paragraph (3) of
subsection (h) of section 1365 of title 18, United States Code.
(d) Weapon - has the meaning given the term "dangerous weapon" under paragraph (2) of the first
subsection (g) of section 930 of title 18, United States Code.
(8) Appeal
(a) The parent of a child with a disability who disagrees with any decision regarding placement or the
manifestation determination under this Rule, or an LEA that believes that maintaining the current
placement of the child is substantially likely to result in injury to the child or others, may appeal the
decision by requesting a hearing. The hearing is requested by filing a due process hearing request
pursuant to Rule 160-4-7-.12 Dispute Resolution.
(b) Authority of administrative law judge or hearing officer. A n judge or hearing officer under Rule 1604-7-.12 Dispute Resolution makes a determination regarding an appeal under the disagreement C .F
.R. 300 .531(b)(1)] administrative law hears the facts and in (8)(a) above.
1. In making a determination under this Rule, the administrative law judge or hearing officer may:
Page 20
(i) Return the child with a disability to the placement from which the child was removed if the
administrative law judge or hearing officer determines that the removal was a violation of this Rule
or that the childs behavior was a manifestation of the childs disability; or
(ii) Order a change of placement of the child with a disability to an appropriate interim alternative
educational setting for not more than 45 school days if the administrative law judge or hearing
officer determines that maintaining the current placement of the child is substantially likely to result
in injury to the child or to others.
(c) These appeal procedures may be repeated, if the LEA believes that returning the child to the original
placement is substantially likely to result in injury to the child or to others.
(d) Expedited due process hearing. Whenever a hearing is requested under paragraph (8)(a) this Rule,
the parents or the L EA involved in the dispute must have an opportunity for an impartial due process
hearing consistent with Rule 160-4-7- .12 Dispute Resolution, except as provided in (d) 1 and 2 below.
1. The State is responsible for arranging the expedited due process hearing, which must occur within
20 school days of the date the complaint requesting the hearing is filed. The administrative law judge
or hearing officer must make a determination within 10 school days after the hearing.
2. Unless the parents and LEA agree in writing to waive the resolution meeting described in Rule 1604-7- .12 Dispute Resolution or agree to use the mediation process described in the same Rule:
(a) A resolution meeting must occur within seven days of receiving notice of the due process hearing
request/complaint; and
(b) The due process hearing may proceed unless the matter has been resolved to the satisfaction of
both parties within 15 days of the receipt of the due process hearing request/complaint.
(c) The decisions on expedited due process hearings are appealable consistent with Rule 160-4-7- .12
Dispute Resolution.
(9) Placement during appeals.
(a) When an appeal under this Rule has been made by either the parent or the L EA, the child must
remain in the interim alternative educational setting pending the decision of the administrative law judge
or hearing officer or until the expiration of the 45 school day time period provided for in this Rule,
section 5, Special Circumstances, whichever comes first, unless the parent and the LEA agree
otherwise.
(10) Protections for children not yet eligible for special education and related services.
(a) A child who has not been determined to be eligible for special education and related services and
who has engaged in behavior that violated a code of student conduct, may assert any of the protections
provided for in this Rule if the LEA had knowledge (as determined in accordance with this Rule) that the
child was a child with a disability before the behavior that precipitated the disciplinary action occurred.
1. An LEA must be deemed to have knowledge that a child is a child with a disability if before the
behavior that precipitated the disciplinary action occurred (i) The parent of the child expressed concern in writing to supervisory or administrative personnel of
the appropriate educational agency or a teacher of the child, that the child is in need of special
education and related services;
(ii) The parent of the child requested an evaluation of the child pursuant to Rule 160-4-7- .04
Eligibility Determinations and Criteria; or
(iii) The teacher of the child or other personnel of the LEA expressed specific concerns about a
pattern of behavior demonstrated by the child directly to the director of special education of the LEA
or to other supervisory personnel of the LEA.
Page 21
2. A n LEA would not be deemed to have knowledge that a child is a child with a disability if the parent
of the child has not allowed an evaluation of the child or has refused services or the child has been
evaluated and determined not to be a child with a disability as described in Rule 160-4-7- .04
Eligibility Determinations and Criteria.
3. If an LEA does not have knowledge that a child is a child with a disability prior to taking disciplinary
measures against the child, the child may be subjected to the disciplinary measures applied to
children without disabilities who engaged in comparable behaviors.
4. If a request is made for an evaluation of a child during the time period in which the child is
subjected to disciplinary measures, the evaluation must be conducted in an expedited manner. Until
the evaluation is completed, the child remains in the educational placement determined by school
authorities, which can include suspension or expulsion without educational services. If the child is
determined to be a child with a disability, taking into consideration information from the evaluation
conducted by the agency and the information provided by the parents, the agency must provide
special education and related services.
(11) Referral to and action by law enforcement and judicial authorities.
(a) Nothing in this Rule prohibits a LEA from reporting a crime committed by a child with a disability to
appropriate authorities or prevents State law enforcement or judicial authorities from exercising their
responsibilities with regard to the application of Federal and State law to crimes committed by a child
with a disability.
(b) A LEA reporting a crime committed by a child with a disability must ensure that copies of the special
education and disciplinary records of the child are transmitted for consideration by the appropriate
authorities to whom the agency reports the crime.
(c) A LEA reporting a crime under this Rule may transmit copies of the child's special education and
disciplinary records only to the extent that the transmission is permitted by the Family Educational
Rights and Privacy Act.
(12) Change of placement because of disciplinary removals.
(a) For purposes of removals of a child with a disability from the childs current educational placement
under this Rule, a change in placement occurs if:
1. The removal is for more than 10 consecutive school days, o r
2. The child has been subjected to a series of removals that constitute a pattern (i) Because the series of removals total more than 10 school days in a school year;
(ii) Because the childs behavior is substantially similar to the childs behavior in previous incidents
that resulted in the series of removals, and;
(iii) Because of such additional factors as the length of each removal, the total amount of time the
child has been removed, and the proximity of the removals to one another.
(b) The L EA determines on a case-by-case basis whether a pattern of removals constitutes a change
of placement.
1. This determination is subject to review through due process hearings and judicial proceedings.
(2) Requirements.
(f) It is the preferred policy of the board that disruptive students are placed in alternative education
settings in lieu of being suspended or expelled.
(g) Local board policies shall require the filing of a report by a teacher documenting a student's violation
of the student code of conduct which repeatedly or substantially interferes with the teacher's ability to
Page 22
communicate effectively with the students in his or her class or with the ability of such student's
classmates to learn within one school day of the most recent occurrence of such behavior. The report
shall be filed with the principal or principal's designee, shall not exceed one page, and shall describe
the behavior. The principal or principal's designee shall, within one day of receiving such report, send to
the student's parents or guardians a copy of the report, and information regarding how the principal or
principal's designee may be contacted.
(h) The principal or the principal's designee shall send written notification to the teacher and to the
student's parents or guardians of the student support services being utilized or the disciplinary action
taken within one school day and shall make a reasonable attempt to confirm receipt of such written
notification by the student's parents or guardians. Written notification shall include information regarding
how student's parents or guardians may contact the principal or principal's designee.
(i) Each local board of education shall observe Georgia law in developing and implementing disciplinary
hearings held by a disciplinary hearing officer, disciplinary panel, or disciplinary tribunal pursuant to
O.C.G.A. 20-2-751 through 20-2-758 including the ability to honor disciplinary orders of private
schools and other public schools/school systems pursuant to O.C.G.A. 20-2-751.2.
1. Disciplinary hearings shall be held no later than ten school days after the beginning of the student's
suspension unless the school system and parents or guardians mutually agree to an extension.
2. Any teacher who is called as a witness by the school system shall be given notice no later than
three days prior to the hearing.
ADMINISTRATIVE CODE
160-4-8-.12. Alternative/Non-traditional education programs.
(1) Definitions.
(j) In-School Suspension program any program that serves the instructional needs of students who
have been suspended from his/her regular classroom for a maximum of ten consecutive days.

STATUTES
(c) If a teacher removes a student from class pursuant to subsection (b) of this Code section, the principal
or the principal's designee shall discuss the matter with the teacher and the student by the end of the
school day on which such removal occurs or at the beginning of the next school day. The principal or the
principal's designee shall give the student oral or written notice of the grounds for his or her removal from
class and, if the student denies engaging in such conduct, the principal or the principal's designee shall
explain the evidence which supports his or her removal from class and give the student an opportunity to
present his or her explanation of the situation. If, after such discussions, the principal or the principal's
designee seeks to return the student to the teacher's class and the teacher gives his or her consent, the
student shall be returned to the class, and the principal or the principal's designee may take action to
discipline the student, as may be warranted, pursuant to paragraph (1) of subsection (e) of this Code
section. If, after such discussions, the principal or the principal's designee seeks to return the student to
the teacher's class and the teacher withholds his or her consent to the student's return to his or her class,
the principal or the principal's designee shall determine an appropriate temporary placement for the
Page 23
student by the end of the first school day following such removal and shall also take steps to convene a
meeting of a placement review committee. The placement review committee shall convene by the end of
the second school day following such removal by the teacher and shall issue a decision by the end of the
third school day following such removal by the teacher. An appropriate temporary placement for the
student shall be a placement that, in the judgment of the principal or the principal's designee, provides the
least interruption to the student's education and reflects other relevant factors, including, but not limited
to, the severity of the behavior that was the basis for the removal, the student's behavioral history, the
student's need for support services, and the available education settings; provided, however, that the
student shall not be returned to the class of the teacher who removed him or her, as an appropriate
temporary placement, unless the teacher gives his or her consent. The temporary placement shall be in
effect from the time of removal until the decision of the placement review committee is issued or, if
applicable, a placement determination is made pursuant to paragraph (2) of subsection (e) of this Code
section.
(d) Local board policies adopted pursuant to Code Section 20-2-735 shall provide for the establishment at
each school of one or more placement review committees, each of which is to be composed of three
members, to determine the placement of a student when a teacher withholds his or her consent to the
return of a student to the teacher's class. For each committee established, the faculty shall choose two
teachers to serve as members and one teacher to serve as an alternate member, and the principal shall
choose one member of the professional staff of the school to serve as a member. The teacher
withholding consent to readmit the student may not serve on the committee. The placement review
committee shall have the authority to:
(1) Return the student to the teacher's class upon determining that such placement is the best
alternative or the only available alternative; or
(2) Refer the student to the principal or the principal's designee for appropriate action consistent with
paragraph (2) of subsection (e) of this Code section.
The decision of the placement review committee shall be in writing and shall be made within three school
days after the teacher withholds consent to the return of a student. Local boards of education shall
provide training for members of placement review committees regarding the provisions of this subpart,
including procedural requirements; local board policies relating to student discipline; and the student code
of conduct that is applicable to the school.
pursuant to subsection (b) of this Code section; or
(C) Make another disciplinary decision or recommendation consistent with local board policy.
20-2-766. Students returning from expulsion or suspension; notice to parents; conference with
principal or teacher to devise disciplinary and behavioral correction plan.
Before any chronic disciplinary problem student is permitted to return from an expulsion or suspension,
the school to which the student is to be readmitted shall request by telephone call and by either certified
Page 24
mail or statutory overnight delivery with return receipt requested or first-class mail at least one parent or
guardian to schedule and attend a conference with the principal or his or her designee to devise a
disciplinary and behavioral correction plan. Failure of the parent or guardian to attend shall not preclude
the student from being readmitted to the school. At the discretion of the principal, a teacher, counselor, or
other person may attend the conference. The principal shall ensure that a notation of the conference is
placed in the student's permanent file.

ADMINISTRATIVE CODE
160-5-1-.35 Seclusion and restraint for all students.
(1) Definitions
(a) Chemical restraint - any medication that is used to control behavior or restrict the students freedom
of movement that is not a prescribed treatment for the student's medical or psychiatric condition. Use of
chemical restraint is prohibited in Georgia public schools and educational programs.
(b) Mechanical restraint - the use of any device or material attached to or adjacent to a students body
that is intended to restrict the normal freedom of movement and which cannot be easily removed by the
student. The term does not include an adaptive or protective device recommended by a physician or
therapist when used as recommended by the physician or therapist to promote normative body
positioning and physical functioning, and/or to prevent self injurious behavior. The term also does not
include seatbelts and other safety equipment when used to secure students during transportation. Use
of Mechanical restraint is prohibited in Georgia public schools and educational programs.
(c) Physical restraint - direct physical contact from an adult that prevents or significantly restricts a
students movement. The term physical restraint does not include prone restraint, mechanical restraint,
or chemical restraint. Additionally, physical restraint does not include: providing limited physical contact
and/or redirection to promote student safety, providing physical guidance or prompting when teaching a
skill, redirecting attention, providing guidance to a location, or providing comfort.
(d) Prone restraint - a specific type of restraint in which a student is intentionally placed face down on
the floor or another surface, and physical pressure is applied to the students body to keep the student
in the prone position. Use of prone restraint is prohibited in Georgia public schools and educational
programs.
(e) Seclusion - a procedure that isolates and confines the student in a separate area until he or she is
no longer an immediate danger to himself/herself or others. The seclusion occurs in a specifically
constructed or designated room or space that is physically isolated from common areas and from which
the student is physically prevented from leaving. Seclusion may also be referred to as monitored
seclusion, seclusion timeout, or isolated timeout. Seclusion does not include situations in which a staff
member trained in the use of de-escalation techniques or restraint is physically present in the same
unlocked room as the student, time-out as defined in paragraph (1)(g) of this rule, in-school suspension,
detention, or a student-requested break in a different location in the room or in a separate room. Use of
seclusion is prohibited in Georgia public schools and educational programs.
(g) Time-out a behavioral intervention in which the student is temporarily removed from the learning
activity but in which the student is not confined.
(2) Requirements.
(a) The use of seclusion is prohibited in Georgia public schools and educational programs.
(b) The use of prone restraint is prohibited in Georgia public schools and educational programs.
Page 25
(c) The use of mechanical restraint is prohibited in Georgia public schools and educational programs.
(d) The use of chemical restraint is prohibited in Georgia public schools and educational programs.
(e) The use of physical restraint is prohibited in Georgia public schools and educational programs
except in those situations in which the student is an immediate danger to himself or others and the
student is not responsive to less intensive behavioral interventions including verbal directives or other
de-escalation techniques.
1. Notwithstanding the foregoing, physical restraint is prohibited in Georgia public schools and
educational programs:
(i) as a form of discipline or punishment,
(ii) when the student cannot be safely restrained, and
(iii) when the use of the intervention would be contraindicated due to the students psychiatric,
medical, or physical conditions as described in the students educational records.
(f) All physical restraint must be immediately terminated when the student is no longer an immediate
danger to himself or others or if the student is observed to be in severe distress.
(g) Schools and programs that use physical restraint in accordance with paragraph (2)(e) of this rule
must develop and implement written policies to govern the use of physical restraint. Parents must be
provided information regarding the school or programs policies governing the use of physical restraint.
The written policies must include the following provisions:
1. Staff and faculty training on the use of physical restraint and the school or programs policy and
procedures,
2. Written parental notification when physical restraint is used to restrain their student within a
reasonable time not to exceed one school day from the use of restraint,
3. Procedures for observing and monitoring the use of physical restraint.
4. The use of physical restraint to be documented by staff or faculty participating in or supervising the
restraint for each student in each instance in which the student is restrained.
5. Procedures for the periodic review of the use of restraint and the documentation described in
paragraph (2)(g)(4).
(h) Schools and programs that use physical restraints in accordance with paragraph (2)(e) of this rule,
must ensure that staff and faculty are trained in the use of physical restraint. This training shall be
provided as a part of a program which addresses a full continuum of positive behavioral intervention
strategies as well as prevention and deescalation techniques. Schools and programs must maintain
written or electronic documentation on training provided and the list of participants in each training.
Records of such training must be made available to the Georgia Department of Education or any
member of the public upon request.
(i) Nothing in this rule shall be construed to interfere with a school system, school or program, or school
or program employees authority to utilize time-out as defined in paragraph (1)(g) of this rule or any
other classroom management technique or approach, including a students removal from the
classroom, that is not specifically addressed in this rule.
(j) Nothing in this rule shall be construed to prohibit a school system, school, or program employee from
taking appropriate action to diffuse a student fight or altercation.
(k) Nothing in this rule shall be construed to eliminate or restrict the ability of an employee of a school
system, school or program to use his or her discretion in the use of physical restraint to protect students
or others from imminent harm or bodily injury. Nothing in this rule shall be construed to impose
ministerial duties on individual employees of a school system, school or program when acting to protect
students or others from imminent harm or bodily injury.
Page 26
STATUTES
(2) If a placement review committee decides not to return a student to a class from which he or she was
review committee. In addition, the principal or the principal's designee shall determine an appropriate
placement for the student and may take action to discipline the student, in a manner consistent with any
considering the use of any appropriate student support services, as follows, provided that the
placement or disciplinary action is authorized as a response to the alleged violation of the student code
of conduct by local board policies adopted pursuant to Code Section 20-2-735:
(A) Place the student into another appropriate classroom or an alternative education program;
(C) Make another placement or disciplinary decision or recommendation consistent with local board
policy; or
(D) Implement or recommend any appropriate combination of the above and return the student to the
class from which he or she was removed upon the completion of any disciplinary or placement action
taken pursuant to this paragraph.
(b) No later than August 1, 2011:
(1) Each local board of education shall adopt a policy that prohibits bullying of a student by another
student and shall require such prohibition to be included in the student code of conduct for schools in
that school system;
(2) Each local board policy shall require that, upon a finding by the disciplinary hearing officer, panel, or
tribunal of school officials provided for in this subpart that a student in grades six through 12 has
committed the offense of bullying for the third time in a school year, such student shall be assigned to
an alternative school;
20-2-768. Expulsion or suspension of students for felonies; alternative educational system; policy.
(a) Each local board of education is authorized to refuse to readmit or enroll any student who has been
suspended or expelled for being convicted of, being adjudicated to have committed, being indicted for, or
having information filed for the commission of any felony or any delinquent act under Code Section 15-11-
Page 27
28 which would be a felony if committed by an adult. If refused readmission or enrollment, the student or
the student's parent or legal guardian has the right to request a hearing pursuant to the procedures
provided for in Code Section 20-2-754.
(b) A hearing officer, tribunal, panel, superintendent, or local board of education shall be authorized to
place a student denied enrollment in a local school system under subsection (a) of this Code section in an
alternative educational system as appropriate and in the best interest of the student and the education of
other students within the school system.
(c) It is the policy of this state that it is preferable to reassign disruptive students to alternative educational
ADMINISTRATIVE CODE
(b) School personnel may remove a child with a disability who violates a code of student conduct from
his or her current placement to an appropriate interim alternative educational setting, another setting or
suspension, for not more than 10 consecutive school days (to the extent those alternatives are applied
to children without disabilities), and for additional removals of not more than 10 consecutive school
days in that same school year for separate incidents of misconduct ( as long as those removals do not
constitute a change of placement under this Rule).
(c) After a child with a disability has been removed from his or her current placement for 10 school days
in the same school year, during any subsequent days of removal the LEA must provide services to the
extent required under this Rule.
(d) For disciplinary changes in placement that would exceed 10 consecutive school days, if the behavior
that gave rise to the violation of the school code is determined not to be a manifestation of the childs
disability under this Rule, school personnel may apply the relevant disciplinary procedures to children
with disabilities in the same manner and for the same duration as the procedures would be applied to
children without disabilities except as provided in (e) of this Rule.
(e) Services. A child with a disability who is removed from his or her current placement for more than 10
consecutive school days must:
1. Continue to receive educational services, as provided in Rule 160-4-7- .02 Free and Appropriate
Public Education, so as to enable the child to continue to participate in the general educational
curriculum, although in another setting, and to progress toward meeting the goals set out in the child's
IEP ; and
2. Receive, as appropriate, a functional behavioral assessment and behavioral intervention services
and modifications as set forth in the behavioral intervention plan and IEP, where appropriate, that are
designed to address the behavior violation so it does not recur.
3. The LEA is only required to provide services during periods of removal to a child with a disability
who has been removed from his or her current placement for 10 school days or less in that school
year, if services are provided to a child without disabilities who has been similarly removed.
4. After a child with a disability has been removed from his or her current placement for 10 school
days in the same school year, if the current removal is not for more than 10 consecutive school days
and is not a change in placement because of disciplinary removals, school personnel, in consultation
with at least one of the child's teachers, determine the extent to which services are needed in order to
Page 28
5. If the removal is for more than 10 consecutive school days or is a change in placement because of
disciplinary removals, the child's IEP Team determines appropriate services needed in order to
6. The services required in (e) may be provided in an interim alternative educational setting.
(9) Placement during appeals.
(a) When an appeal under this Rule has been made by either the parent or the LEA, the child must
remain in the interim alternative educational setting pending the decision of the administrative law judge
or hearing officer or until the expiration of the 45 school day time period provided for in this Rule,
section 5, Special Circumstances, whichever comes first, unless the parent and the LEA agree
otherwise
(1) Definitions.
(a) Alternative/ Non-traditional Education Program - an Alternative/Nontraditional Education Program
that operates in affiliation with a school(s). A program does not report Full-Time Equivalent (FTE) or
receive an Adequate Yearly Progress (AYP) designation. Achievement data for students enrolled in the
program are reported back to the school where the student is reported for FTE. The program may be
housed within a school, on the same site, or at a different location. Adherence to all requirements as
stated in SBOE Rule 160-4-8-.17 Case management consultation for agency placed transfer students is
required. Programs may include Attendance Recovery, Credit Recovery, Disciplinary Program, Early
College, Evening School, and Open Campus.
(b) Alternative/Non-traditional Education School - an Alternative/Nontraditional Education School has an
official school code and serves as the home school for students enrolled. The school receives an AYP
designation; reports FTE counts for all enrolled students; and earns Quality Basic Education (QBE)
formula funds directly. Adherence to all requirements as stated in SBOE Rule 160-4-8-.17 Case
management consultation for agency placed transfer students is required.
(c) Attendance Recovery Program - a type of alternative/non-traditional program designed to allow
students the opportunity to make-up an absence(s) by attending a program outside the normal school
day (e.g., Saturday program) that provides the equivalent instructional time and curriculum for the time
the student was absent within the current academic year.
(d) Community-based Alternative Education/Non-traditional Program - a type of Alternative Education
/Non-traditional Program where students are engaged in educationally relevant and meaningful learning
experiences in the school and larger community. The academic curriculum is integrated into workbased learning and structured work experiences utilizing partnerships among business, industry,
government, community, and school, including Performance Learning Centers.
(e) Credit Recovery Program - a type of alternative/non-traditional program designed to allow students
the opportunity to retake a course that he/she previously did not earn credits toward graduation.
(f) Educational Management Organization - any type of alternative/nontraditional program or school
operated by a private vendor. The program or school may operate on or off campus.
(g) Facility and School Registry (FSR) a database for the creation of all site, facility, school and
program codes.
Page 29
(h) Georgia Department of Education (GaDOE) the state agency charged with the fiscal and
administrative management of certain aspects of K-12 public education; including the implementation of
federal and state mandates. Such management is subject to monitoring and oversight by the State
Board of Education.
(i) Georgia Professional Standards Commission a government agency, separate from the Georgia
Department of Education, with the central responsibility for establishing a certification/licensure process
for educational personnel in Georgia.
(j) In-School Suspension program any program that serves the instructional needs of students who
have been suspended from his/her regular classroom for a maximum of ten consecutive days.
(k) Local Educational Agency (LEA) local school system pursuant to local board of education control
and management.
(l) Sparsity Grant grant provided to each LEA that is unable to offer its students or a portion of its
students educational programs and services comparable to those which are typically being offered to
students in this state. The inability to offer students comparable programs and services is attributable,
at least in part, to the fact that the LEA has full-time equivalent counts less than base size specified in
state law.
(2) Requirements.
(a) Each LEA shall provide an Alternative/Non-traditional Education Program/School to serve students
in grades 6-12 with appropriate due process, who have been suspended from his or her regular
classroom.
(b) Each LEA may provide an Alternative/Non-traditional Education Program/School to serve students
who are eligible to remain in his or her regular classroom but are more likely to succeed in a nontraditional educational setting.
(c) Each LEA may provide an Alternative Education/Non-traditional Program/School jointly with one or
more other LEAs.
(d) Each LEA may contract with Educational Management Organizations to provide a Nontraditional/Alternative Education Program/School. If contracting with an Educational Management
Organization to provide Non-traditional/Alternative Education Program(s)/School(s), the LEA must:
1. Ensure that no federal or state funding of any kind disbursed by GaDOE is expended on any
resources, educational or otherwise, for any student not pursuing a Georgia High School Diploma or
Special Education Diploma as defined by SBOE Rules and state law.
2. Maintain and report to GaDOE annually by a date established by GaDOE the Georgia Testing
Identifier (GTID) of each student served in Nontraditional/Alternative Education Programs and
Schools operated by Educational Management Organizations.
3. Maintain and report to GaDOE annually by a date established by the department the GTID of each
student who transferred from the Full-Time Equivalent (FTE) reporting school to the private school
operated by the Educational Management Organization prior to receiving a Georgia high school
diploma.
(e) A LEA may use Sparsity grant funds for all Alternative/Non-traditional Education
Program(s)/School(s). Funds must be used exclusively for salaries and benefits for certified positions
and assistants/paraprofessionals working in the Alternative/Non-traditional Education Program/School.
(f) Each LEA shall ensure that all Alternative/Non-traditional Education Program(s)/School(s) only
provide curriculum aligned to Georgia Performance Standards (GPS). Curriculum may be delivered
through Computer Assisted Instruction and On-line courses.
Page 30
(g) Each LEA shall ensure that all Alternative/Non-traditional Education Programs/Schools provide
standardized testing as specified in SBOE Rule 160-3-1-.07 Testing programs - student assessment.
(h) Each LEA shall ensure that all Alternative/Non-traditional Education Programs/Schools provide
counseling services to enable the student to make academic progress.
(i) Each LEA shall ensure that all Alternative/Non-traditional Education Programs/Schools operate in full
compliance with federal and state laws and State Board Rules governing special education students
and students with special needs.
(j) Each LEA shall ensure that all Alternative/Non-traditional Education Programs/Schools provide
teachers that meet the requirements of the Georgia Professional Standards Commission in all classes.
Paraprofessionals may be used to staff In-school Suspension programs as provided by law or
regulation.
(k) Each LEA shall ensure that all Alternative/Non-traditional Education Programs/Schools adhere to
class size maximum as stated in SBOE Rule 160-5-1-.08 Class size.
(l) Each LEA shall ensure that all Alternative/Non-traditional Education Programs/Schools provide
courses that will satisfy state and local requirements for meeting grade level requirements for obtaining
a Georgia High School Diploma.
(m) Each LEA shall allocate to all Alternative/Non-traditional Education Programs/Schools the same
expenditure per segment(s) based on what the student earns at his or her Full Time Equivalent
reporting school. These funds include federal and state funds allocated to the LEA for the student.
(n) For students in grades 9-12, each LEA may award course credit based on the students
demonstrated competency on course examination(s) for course work completed while enrolled in the
Alternative/Non-traditional Education Program/School in lieu of the 150/135 clock hours of instruction as
required by SBOE rules. Each Alternative/Non-traditional Education Program/School shall adhere to all
instructional time requirements for all other grades.
(o) For students in grades 9-12, each LEA may determine the length of time students will be in classes
in the Alternative/Non-traditional Education Program(s)/School(s) in lieu of the requirement of as
specified in SBOE Rule 160-5-1-.02. Each Alternative/ Non-traditional Education Program/School shall
adhere to all instructional time requirements for all other grades.
(3) Reporting requirements.
(a) Each LEA shall adhere to all reporting requirements established by SBOE Rule 160-5-1-.07 Student
data collection.
(b) Each LEA shall ensure that all Alternative/Non-traditional Education Program(s)/School(s) report to
GaDOE both the number of actual absences (excused and unexcused) that students served by the
Attendance Recovery Program incurred during the school year and the number of absences the
students served by the Attendance Recovery Program recovered during the same school year.
(c) Each LEA shall submit official requests for state entity (facility/school/program codes for the
Alternative/Non-traditional Education Program/School) through the Facility and School Registry (FSR).
(4) School improvement plan.
(a) Each LEA shall maintain and report to GaDOE a school improvement plan for each of its
Alternative/Non-traditional Education Programs/Schools annually by a date established by GaDOE.
(b) Each Alternative/Non-traditional Education Program/School school improvement plan shall meet the
requirements established by GaDOE and contained in the Alternative Education Program Standards.
(c) Each Alternative/Non-traditional Education Program/School school improvement plan must
demonstrate how the Alternative /Non- traditional Education Program/School modified SBOE rules,
Page 31
including, but not limited to, methods to measure competency as well as what is defined as a full school
day.
(d) Each LEA should seek public and parental input on each Alternative/Nontraditional Education
Program/School school improvement plan prior to submitting the plan to GaDOE.
(e) Alternative/Non-traditional Education Program/School school improvement plans shall be presented
to the LEAs Local Board of Education at a regularly scheduled public meeting and published on the
LEAs website for the duration of the plan. For those stakeholders that may not have access to the
Internet, the LEA shall make copies available upon request in accordance with the states Open
Records law (O.C.G.A 50-18-70).
(f) Each Alternative/Non-traditional Education Program/School school improvement plan will be
evaluated by GaDOE based on demonstrated elements and requirements as specified by GaDOE in
the Alternative Education Program Standards.
Page 32

Conditions
STATUTES
Other weapons
STATUTES
16-11-127.1. Carrying weapons within school safety zones, at school functions, or on school
property.
(a) As used in this Code section, the term:
(1) "School safety zone" means in or on any real property owned by or leased to any public or private
elementary school, secondary school, or school board and used for elementary or secondary education
and in or on the campus of any public or private technical school, vocational school, college, university,
or institution of postsecondary education.
(2) "Weapon" means and includes any pistol, revolver, or any weapon designed or intended to propel a
missile of any kind, or any dirk, bowie knife, switchblade knife, ballistic knife, any other knife having a
blade of two or more inches, straight-edge razor, razor blade, spring stick, knuckles, whether made
from metal, thermoplastic, wood, or other similar material, blackjack, any bat, club, or other bludgeontype weapon, or any flailing instrument consisting of two or more rigid parts connected in such a
manner as to allow them to swing freely, which may be known as a nun chahka, nun chuck, nunchaku,
shuriken, or fighting chain, or any disc, of whatever configuration, having at least two points or pointed
blades which is designed to be thrown or propelled and which may be known as a throwing star or
oriental dart, or any weapon of like kind, and any stun gun or taser as defined in subsection (a) of Code
Section 16-11-106. This paragraph excludes any of these instruments used for classroom work
authorized by the teacher.
(b) (1) Except as otherwise provided in subsection (c) of this Code section, it shall be unlawful for any
person to carry to or to possess or have under such person's control while within a school safety zone
or at a school building, school function, or school property or on a bus or other transportation furnished
Page 33
by the school any weapon or explosive compound, other than fireworks the possession of which is
regulated by Chapter 10 of Title 25.
(2) Any license holder who violates this subsection shall be guilty of a misdemeanor. Any person who is
not a license holder who violates this subsection shall be guilty of a felony and, upon conviction thereof,
be punished by a fine of not more than $10,000.00, by imprisonment for not less than two nor more
than ten years, or both.
(3) Any person convicted of a violation of this subsection involving a dangerous weapon or machine
gun, as such terms are defined in Code Section 16-11-121, shall be punished by a fine of not more than
$10,000.00 or by imprisonment for a period of not less than five nor more than ten years, or both.
(4) A child who violates this subsection may be subject to the provisions of Code Section 15-11-63.
(c) The provisions of this Code section shall not apply to:
(1) Baseball bats, hockey sticks, or other sports equipment possessed by competitors for legitimate
athletic purposes;
(2) Participants in organized sport shooting events or firearm training courses;
(3) Persons participating in military training programs conducted by or on behalf of the armed forces of
the United States or the Georgia Department of Defense;
(4) Persons participating in law enforcement training conducted by a police academy certified by the
Georgia Peace Officer Standards and Training Council or by a law enforcement agency of the state or
the United States or any political subdivision thereof;
(5) The following persons, when acting in the performance of their official duties or when en route to or
from their official duties:
(A) A peace officer as defined by Code Section 35-8-2;
(B) A law enforcement officer of the United States government;
(C) A prosecuting attorney of this state or of the United States;
(D) An employee of the Georgia Department of Corrections or a correctional facility operated by a
political subdivision of this state or the United States who is authorized by the head of such
correctional agency or facility to carry a firearm;
(E) A person employed as a campus police officer or school security officer who is authorized to carry
a weapon in accordance with Chapter 8 of Title 20; and
(F) Medical examiners, coroners, and their investigators who are employed by the state or any
political subdivision thereof;
(6) A person who has been authorized in writing by a duly authorized official of the school to have in
such person's possession or use as part of any activity being conducted at a school building, school
property, or school function a weapon which would otherwise be prohibited by this Code section. Such
authorization shall specify the weapon or weapons which have been authorized and the time period
during which the authorization is valid;
(7) A person who is licensed in accordance with Code Section 16-11-129 or issued a permit pursuant to
Code Section 43-38-10, when such person carries or picks up a student at a school building, school
function, or school property or on a bus or other transportation furnished by the school or a person who
is licensed in accordance with Code Section 16-11-129 or issued a permit pursuant to Code Section 4338-10 when he or she has any weapon legally kept within a vehicle when such vehicle is parked at such
school property or is in transit through a designated school zone;
(8) A weapon possessed by a license holder which is under the possessor's control in a motor vehicle
or which is in a locked compartment of a motor vehicle or one which is in a locked container in or a
locked firearms rack which is on a motor vehicle which is being used by an adult over 21 years of age
Page 34
to bring to or pick up a student at a school building, school function, or school property or on a bus or
other transportation furnished by the school, or when such vehicle is used to transport someone to an
activity being conducted on school property which has been authorized by a duly authorized official of
the school; provided, however, that this exception shall not apply to a student attending such school;
(9) Persons employed in fulfilling defense contracts with the government of the United States or
agencies thereof when possession of the weapon is necessary for manufacture, transport, installation,
and testing under the requirements of such contract;
(10) Those employees of the State Board of Pardons and Paroles when specifically designated and
authorized in writing by the members of the State Board of Pardons and Paroles to carry a weapon;
(11) The Attorney General and those members of his or her staff whom he or she specifically authorizes
in writing to carry a weapon;
(12) Probation supervisors employed by and under the authority of the Department of Corrections
pursuant to Article 2 of Chapter 8 of Title 42, known as the "State-wide Probation Act," when specifically
designated and authorized in writing by the director of the Division of Probation;
(13) Public safety directors of municipal corporations;
(14) State and federal trial and appellate judges;
(15) United States attorneys and assistant United States attorneys;
(16) Clerks of the superior courts;
(17) Teachers and other school personnel who are otherwise authorized to possess or carry weapons,
provided that any such weapon is in a locked compartment of a motor vehicle or one which is in a
locked container in or a locked firearms rack which is on a motor vehicle; or
(18) Constables of any county of this state.
(d) (1) This Code section shall not prohibit any person who resides or works in a business or is in the
ordinary course transacting lawful business or any person who is a visitor of such resident located
within a school safety zone from carrying, possessing, or having under such person's control a weapon
within a school safety zone; provided, however, it shall be unlawful for any such person to carry,
possess, or have under such person's control while at a school building or school function or on school
property, a school bus, or other transportation furnished by the school any weapon or explosive
compound, other than fireworks the possession of which is regulated by Chapter 10 of Title 25.
(2) Any person who violates this subsection shall be subject to the penalties specified in subsection (b)
of this Code section.
(3) This subsection shall not be construed to waive or alter any legal requirement for possession of
weapons or firearms otherwise required by law.
(e) It shall be no defense to a prosecution for a violation of this Code section that:
(1) School was or was not in session at the time of the offense;
(2) The real property was being used for other purposes besides school purposes at the time of the
offense; or
(3) The offense took place on a school vehicle.
(f) In a prosecution under this Code section, a map produced or reproduced by any municipal or county
agency or department for the purpose of depicting the location and boundaries of the area of the real
property of a school board or a private or public elementary or secondary school that is used for school
purposes or the area of any campus of any public or private technical school, vocational school, college,
university, or institution of postsecondary education, or a true copy of the map, shall, if certified as a true
copy by the custodian of the record, be admissible and shall constitute prima-facie evidence of the
location and boundaries of the area, if the governing body of the municipality or county has approved the
Page 35
map as an official record of the location and boundaries of the area. A map approved under this Code
section may be revised from time to time by the governing body of the municipality or county. The original
of every map approved or revised under this subsection or a true copy of such original map shall be filed
with the municipality or county and shall be maintained as an official record of the municipality or county.
This subsection shall not preclude the prosecution from introducing or relying upon any other evidence or
testimony to establish any element of this offense. This subsection shall not preclude the use or
admissibility of a map or diagram other than the one which has been approved by the municipality or
county.
ADMINISTRATIVE CODE
1. Carries a weapon to or possesses a weapon at school, on school premises, or at a school function
under the jurisdiction of the State or the LEA;
3. Has inflicted serious bodily injury upon another person while at school, on school premises, or at a
school function under the jurisdiction of the State or the LEA.
(7) Definitions.
(c) Serious bodily injury - has the meaning given the term "serious bodily injury" under paragraph (3) of
subsection (h) of section 1365 of title 18, United States Code.
(d) Weapon - has the meaning given the term "dangerous weapon" under paragraph (2) of the first
subsection (g) of section 930 of title 18, United States Code.
(2) Requirements.
11. Possession of a weapon, as provided for in O.C.G.A. 16-11-127.1;
20. A statement that major offenses including, but not limited to, drug and weapon offenses can lead to
schools being named as an Unsafe School according to the provisions of State Board of Education
Rule 160-4-8-.16 Unsafe School Choice Option.
Page 36

STATUTES
As used in this subpart, the term:
(1) "Chronic disciplinary problem student" means a student who exhibits a pattern of behavioral
characteristics which interfere with the learning process of students around him or her and which are
likely to recur.
(2) "Expulsion" means expulsion of a student from a public school beyond the current school quarter or
semester.
(3) "Suspension" means the short-term suspension of a student from a public school for not more than
ten days or long-term suspension for more than ten days pursuant to Code Section 20-2-751.
20-2-765. Notification of parent or guardian of chronic disciplinary problem student; observance
of child by parent or guardian; attendance of conference with principal or teacher or both.
Any time a teacher or principal identifies a student as a chronic disciplinary problem student, the principal
shall notify by telephone call and by either certified mail or statutory overnight delivery with return receipt
requested or first-class mail the student's parent or guardian of the disciplinary problem, invite such
parent or guardian to observe the student in a classroom situation, and request at least one parent or
guardian to attend a conference with the principal or the teacher or both to devise a disciplinary and
behavioral correction plan.
20-2-766. Students returning from expulsion or suspension; notice to parents; conference with
principal or teacher to devise disciplinary and behavioral correction plan.
Before any chronic disciplinary problem student is permitted to return from an expulsion or suspension,
the school to which the student is to be readmitted shall request by telephone call and by either certified
mail or statutory overnight delivery with return receipt requested or first-class mail at least one parent or
guardian to schedule and attend a conference with the principal or his or her designee to devise a
disciplinary and behavioral correction plan. Failure of the parent or guardian to attend shall not preclude
the student from being readmitted to the school. At the discretion of the principal, a teacher, counselor, or
other person may attend the conference. The principal shall ensure that a notation of the conference is
placed in the student's permanent file.
ADMINISTRATIVE CODE
(12) Change of placement because of disciplinary removals.
(a) For purposes of removals of a child with a disability from the childs current educational placement
under this Rule, a change in placement occurs if:
1. The removal is for more than 10 consecutive school days, or
2. The child has been subjected to a series of removals that constitute a pattern (i) Because the series of removals total more than 10 school days in a school year;
(ii) Because the childs behavior is substantially similar to the childs behavior in previous incidents
that resulted in the series of removals, and;
(iii) Because of such additional factors as the length of each removal, the total amount of time the
child has been removed, and the proximity of the removals to one another.
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(2) Requirements.
13. Willful and persistent violation of student codes of conduct;

STATUTES
20-2-690.1. Mandatory education for children between ages 6 and 16.
(a) Mandatory attendance in a public school, private school, or home school program shall be required for
children between their sixth and sixteenth birthdays. Such mandatory attendance shall not be required
where the child has successfully completed all requirements for a high school diploma.
(b) Every parent, guardian, or other person residing within this state having control or charge of any child
or children during the ages of mandatory attendance as required in subsection (a) of this Code section
shall enroll and send such child or children to a public school, a private school, or a home study program
that meets the requirements for a public school, a private school, or a home study program; and such
child shall be responsible for enrolling in and attending a public school, a private school, or a home study
program that meets the requirements for a public school, a private school, or a home study program
under such penalty for noncompliance with this subsection as is provided in Chapter 11 of Title 15, unless
the child's failure to enroll and attend is caused by the child's parent, guardian, or other person, in which
case the parent, guardian, or other person alone shall be responsible; provided, however, that tests and
physical exams for military service and the National Guard and such other approved absences shall be
excused absences. The requirements of this subsection shall apply to a child during the ages of
mandatory attendance as required in subsection (a) of this Code section who has been assigned by a
local board of education or its delegate to attend an alternative public school program established by that
local board of education, including an alternative public school program provided for in Code Section 202-154.1, regardless of whether such child has been suspended or expelled from another public school
program by that local board of education or its delegate, and to the parent, guardian, or other person
residing in this state who has control or charge of such child. Nothing in this Code section shall be
construed to require a local board of education or its delegate to assign a child to attend an alternative
public school program rather than suspending or expelling the child.
(c) Any parent, guardian, or other person residing in this state who has control or charge of a child or
children and who violates this Code section shall be guilty of a misdemeanor and, upon conviction
thereof, shall be subject to a fine of not less than $25.00 and not greater than $100.00, imprisonment not
to exceed 30 days, community service, or any combination of such penalties, at the discretion of the court
having jurisdiction. Each day's absence from school in violation of this part after the child's school system
notifies the parent, guardian, or other person who has control or charge of a child of five unexcused days
of absence for a child shall constitute a separate offense. After two reasonable attempts to notify the
parent, guardian, or other person who has control or charge of a child of five unexcused days of absence
without response, the school system shall send a notice to such parent, guardian, or other person by
certified mail, return receipt requested, or first-class mail. Prior to any action to commence judicial
proceedings to impose a penalty for violating this subsection on a parent, guardian, or other person
residing in this state who has control or charge of a child or children, a school system shall send a notice
to such parent, guardian, or other person by certified mail, return receipt requested. Public schools shall
provide to the parent, guardian, or other person having control or charge of each child enrolled in public
school a written summary of possible consequences and penalties for failing to comply with compulsory
attendance under this Code section for children and their parents, guardians, or other persons having
control or charge of children. The parent, guardian, or other person who has control or charge of a child
Page 38
or children shall sign a statement indicating receipt of such written statement of possible consequences
and penalties; children who are age ten years or older by September 1 shall sign a statement indicating
receipt of such written statement of possible consequences and penalties. After two reasonable attempts
by the school to secure such signature or signatures, the school shall be considered to be in compliance
with this subsection if it sends a copy of the statement, via certified mail, return receipt requested, or firstclass mail, to such parent, guardian, or other person who has control or charge of a child or children.
Public schools shall retain signed copies of statements through the end of the school year.
(d) Local school superintendents in the case of private schools, the Department of Education in the case
of home study programs, and visiting teachers and attendance officers in the case of public schools shall
have authority and it shall be their duty to file proceedings in court to enforce this subpart. The
Department of Education shall coordinate with local school superintendents with respect to attendance
records and notification for students in home study programs.
(e) An unemancipated minor who is older than the age of mandatory attendance as required in
subsection (a) of this Code section who has not completed all requirements for a high school diploma
who wishes to withdraw from school shall have the written permission of his or her parent or legal
guardian prior to withdrawing. Prior to accepting such permission, the school principal or designee shall
convene a conference with the child and parent or legal guardian within two school days of receiving
notice of the intent of the child to withdraw from school. The principal or designee shall make a
reasonable attempt to share with the student and parent or guardian the educational options available,
including the opportunity to pursue a general educational development (GED) diploma and the
consequences of not having earned a high school diploma, including lower lifetime earnings, fewer jobs
for which the student will be qualified, and the inability to avail oneself of higher educational opportunities.
Every local board of education shall adopt a policy on the process of voluntary withdrawal of
unemancipated minors who are older than the mandatory attendance age. The policy shall be filed with
the Department of Education no later than January 1, 2007. The Department of Education shall provide
annually to all local school superintendents model forms for the parent or guardian signature requirement
contained in this subsection and updated information from reliable sources relating to the consequences
of withdrawing from school without completing all requirements for a high school diploma. Such form shall
include information relating to the opportunity to pursue a general educational development (GED)
diploma and the consequences of not having earned a high school diploma, including lower lifetime
earnings, fewer jobs for which the student will be qualified, and the inability to avail oneself of higher
educational opportunities. Each local school superintendent shall provide such forms and information to
all of its principals of schools serving grades six through twelve for the principals to use during the
required conference with the child and parent or legal guardian.
20-2-690.2. Establishment of student attendance protocol committee; summary of penalties for
failure to comply; reporting.
(a) The chief judge of the superior court of each county shall establish a student attendance protocol
committee for its county. The purpose of the committee shall be to ensure coordination and cooperation
among officials, agencies, and programs involved in compulsory attendance issues, to reduce the number
of unexcused absences from school, and to increase the percentage of students present to take tests
which are required to be administered under the laws of this state. The chief judge is responsible for
ensuring that all members of the committee are notified of their responsibility to the committee and shall
call the first meeting of the committee in each county. The committee shall elect a chairperson and may
elect other officers.
(b) Each local board of education shall participate in, consider, and make publicly available, including but
not limited to posting in a conspicuous location, its decision regarding the recommendations of the
committee as provided in this Code section. Independent school systems may participate in the
Page 39
committee in the county where the system is located. Independent school systems whose geographic
area encompasses more than one county may select one of such counties in which to participate. An
independent school system that elects not to participate in the committee of the county where it is located
shall request that the chief judge of the superior court of a county encompassed by its geographic area to
establish an independent student attendance protocol committee in the same manner as established for
the county school system.
(c) Each of the following agencies, officials, or programs shall designate a representative to serve on the
committee:
(1) The chief judge of the superior court;
(2) The juvenile court judge or judges of the county;
(3) The district attorney for the county;
(4) The solicitor-general of state court, if the county has a state court;
(5) The Department of Juvenile Justice, which may include representatives from area youth detention
centers or regional youth detention centers;
(6) The superintendent, a certificated school employee, and a local school board member from each
public school system in the county and a certificated school social worker from each public school
system, if any are employed by the school system;
(7) The sheriff of the county;
(8) The chief of police of the county police department;
(9) The chief of police of each municipal police department in the county;
(10) The county department of family and children services;
(11) The county board of health;
(12) The county mental health organization;
(13) The county Family Connection commission, board, or authority, or other county agency, board,
authority, or commission having the duty and authority to study problems of families, children, and
youth and provide services to families, children, and youth; and
(14) The court approved community based risk reduction program established by the juvenile court in
accordance with Code Section 15-11-10, if such a program has been established.
(d) The committee thus established may appoint such additional members as necessary and proper to
accomplish the purposes of the committee.
(e) Each committee shall, by June 1, 2005, adopt a written student attendance protocol for its county
school system and for each independent school system within its geographic boundaries which shall be
filed with the Department of Education. The protocol shall outline in detail the procedures to be used in
identifying, reporting, investigating, and prosecuting cases of alleged violations of Code Section 20-2690.1, relating to mandatory school attendance. The protocol shall outline in detail methods for
determining the causes of failing to comply with compulsory attendance and appropriately addressing the
issue with children and their parents or guardians. The protocol shall also include recommendations for
policies relating to tardiness. The Department of Education shall provide model school attendance
protocols, if requested by the committee.
(f) A copy of the protocol shall be furnished to each agency, official, or program within the county that has
any responsibility in assisting children and their parents or guardians in complying with Code Section 202-690.1.
(g) The committee shall write the summary of possible consequences and penalties for failing to comply
with compulsory attendance under Code Section 20-2-690.1 for children and their parents, guardians, or
Page 40
other persons who have control or charge of children for distribution by schools in accordance with Code
Section 20-2-690.1. The summary of possible consequences for children shall include possible
dispositions for unruly children and possible denial or suspension of a driver's license for a child in
accordance with Code Section 40-5-22.
(h) The committee shall continue in existence after writing the student attendance protocol. The chief
judge of the superior court of each county shall ensure that the committee meets at least quarterly during
the first year, and twice annually thereafter, to evaluate compliance with the protocol, effectiveness of the
protocol, and appropriate modifications.
(i) Each local board of education shall report student attendance rates to the committee and the State
Board of Education at the end of each school year, according to a schedule established by the State
Board of Education.
20-2-701. Responsibility for reporting truants to juvenile or other courts.
(a) Local school superintendents as applied to private schools, the Department of Education as applied to
home study programs, or visiting teachers and attendance officers as applied to public schools, after
written notice to the parent or guardian of a child, shall report to the juvenile or other court having
jurisdiction under Chapter 11 of Title 15 any child who is absent from a public or private school or a home
study program in violation of this subpart. If the judge of the court places such child in a home or in a
public or private institution pursuant to Chapter 11 of Title 15, school shall be provided for such child. The
(b) Local school superintendents or visiting teachers and attendance officers shall use their best efforts to
notify any child 14 years of age or older who has only three absences remaining prior to violating the
attendance requirements contained in subsection (a.1) of Code Section 40-5-22. Such notification shall
be made via first-class mail.
(c) Local school superintendents or visiting teachers and attendance officers shall report to the State
Board of Education, which shall, in turn, report to the Department of Driver Services any child 14 years of
age or older who does not meet the attendance requirements contained in subsection (a.1) of Code
Section 40-5-22. Such report shall include the child's name, current address, and social security number,
if known.
ADMINISTRATIVE CODE
(1) Definitions.
(c) Attendance Recovery Program - a type of alternative/non-traditional program designed to allow
students the opportunity to make-up an absence(s) by attending a program outside the normal school
day (e.g., Saturday program) that provides the equivalent instructional time and curriculum for the time
the student was absent within the current academic year.
(3) Reporting requirements.
(b) Each LEA shall ensure that all Alternative/Non-traditional Education Program(s)/School(s) report to
GaDOE both the number of actual absences (excused and unexcused) that students served by the
Attendance Recovery Program incurred during the school year and the number of absences the
students served by the Attendance Recovery Program recovered during the same school year.
(2) Requirements.
Page 41
7. Guidelines and consequences resulting from failure to comply with compulsory attendance as
required under O .C.G.A 20-2-690.1;
(1) Definitions.
(a) Foster Care Student a student who is in a foster home or otherwise in the foster care system
under the Division of Family and Children Services of the Department of Human Services.
(b) Student Attendance Protocol procedures to be used in identifying, reporting, investigating and
prosecuting cases of alleged violations of O.C.G.A. 20-2-690.1, relating to mandatory school
attendance and appropriately addressing the issue with parents and guardians. The protocol shall also
include recommendations for policies relating to tardiness.
(c) Student Attendance Protocol Committee a committee established, pursuant to O.C.G.A. 20-2690.2, by the chief judge of the superior court of each county for the purpose of ensuring coordination
and cooperation among officials, agencies and programs involved in compulsory attendance issues, to
reduce the number of unexcused absences from school, and to increase the percentage of students
present to take tests which are required to be administered under the laws of this state.
(d) Student Teen Election Participant (STEP) a program designed to permit fulltime public, private,
and home schooled high school students the opportunity to volunteer to work as poll officers during any
primary, special, or general election according to the provisions set forth in O.C.G.A. 21-2-92.
(e) Truant any child subject to compulsory attendance who during the school calendar year has more
than five days of unexcused absences.
(2) Requirements.
(a) School days missed as a result of an out of school suspension shall not count as unexcused days
for the purpose of determining student truancy.
(b) Local boards of education shall adopt policies and procedures excusing students from school under
the following circumstances, as a minimum. Policies may require submission of appropriate
documentation.
1. Personal illness or when attendance in school endangers the students health or the health of
others.
(i) Local boards of education may require students to present appropriate medical documentation
upon return to school for the purpose of validating that the absence is an excused absence. With
proper verification a student may be eligible for hospital/homebound instruction as outlined in State
Board of Education Rule 160-4-2-.31 Hospital/Homebound (HHB) Services.
2. A serious illness or death in a students immediate family necessitating absence from school.
(i) In the event of a serious illness in a students immediate family, local boards of education may
require students to present appropriate medical documentation regarding the family member upon
return to school for the purpose of validating that the absence is an excused absence.
3. A court order or an order by a government agency, including preinduction physical examinations for
service in the armed forces, mandating absence from school.
4. The observation of religious holidays, necessitating absence from school.
5. Conditions rendering attendance impossible or hazardous to student health or safety.
6. Registering to vote or voting in a public election, which shall not exceed one day.
Page 42
7. A student whose parent or legal guardian is in military service in the armed forces of the United
States or the National Guard, and such parent or legal guardian has been called to duty for or is on
leave from overseas deployment to a combat zone or combat support posting, shall be granted
excused absences, up to a maximum of five school days per school year, for the day or days missed
from school to visit with his or her parent or legal guardian prior to such parents or legal guardians
deployment or during such parents or legal guardians leave. Nothing in this Code section shall be
construed to require a local school system to revise any policies relating to maximum number of
excused and unexcused absences for any purposes. (O.C.G.A. 20-2-692.1)
(c) Local boards of education shall count students present when they are serving as pages of the
Georgia General Assembly as set forth in O.C.G.A. 20-2-692.
(d) A foster care student who attends court proceedings relating to the students foster care shall be
credited as present by the school and shall not be counted as an absence, either excused or
unexcused, for any day, portion of a day, or days missed from school as set forth in O.C.G.A. 20-2692.2
(e) A student who successfully participates in the Student Teen Election Participant (STEP) program
shall be counted as present and given full credit for the school day during which he or she served in the
STEP program. No student shall be permitted to be absent from school or participate in the STEP
program for more than two school days per school year.
(f) Final course grades of students shall not be penalized because of absences if the following
conditions are met:
1. Absences are justified and validated for excusable reasons.
2. Make up work for excused absences was completed satisfactorily.
(g) Local boards of education are not required to provide make-up work for unexcused absences.
(h) Nothing in this rule should be construed to encourage student absences or as an approval of
excessive unexcused absences.
(i) To reduce unexcused absences, each local board of education shall adopt policies and procedures
that shall include but are not limited to:
1. Requiring the school system to notify the parent, guardian or other person who has control or
charge of the student when such student has five unexcused absences. The notice shall outline the
penalty and consequences of such absences and that each subsequent absence shall constitute a
separate offense. After two reasonable attempts to notify the parent, guardian or other person who
has charge of the student, the school system shall send written notice via certified mail with return
receipt requested, or first-class mail; and
2. Prior to any action to commence judicial proceedings to impose a penalty on a parent, guardian, or
other person residing in this state who has control or charge of the school aged child for failing to
comply with compulsory attendance, a school system shall send a notice to such parent, guardian, or
other person by certified mail, return receipt requested; and
3. Requiring public schools to provide to the parent, guardian, or other person having control or
charge of each student enrolled in public school a written summary of possible consequences and
penalties for failing to comply with compulsory attendance. By September 1 of each school year or
within 30 school days of a students enrollment in the school system, the parent, guardian, or other
person having control or charge of such student shall sign a statement indicating receipt of such
written statement of possible consequences and penalties. After two reasonable attempts by the
school to secure such signature or signatures, the school shall be considered to be in compliance
with this subsection if it sends a copy of the statement, via certified mail, return receipt requested, or
first-class mail, to such parent, guardian, or other person who has control or charge of a child, or
Page 43
children. In addition, students age ten or older by September 1 shall sign a statement indicating
receipt of written statement of possible consequences for noncompliance to the local systems policy.
(k) Each local board of education shall adopt policies requiring the local school superintendent or the
superintendents designee to use his or her best efforts including first class mail to notify a student age
14 and older when the student has only three absences remaining before violating the states
attendance requirements pursuant to O.C.G.A. 40-5-22 regarding the denial of drivers permits and
licenses.
(l) Each local board of education shall adopt as a part of the student codes of conduct developed
pursuant to O.C.G.A. 20-2-735 a definition of truancy that contains the minimum standards
established by State Board of Education Rule 160-5-1-.10 Student Attendance and a summary of
possible consequences and penalties for truancy. The summary of possible consequences for students
shall include possible dispositions for unruly children in accordance with O.C.G.A. 15-11-67, including
the possible denial or suspension of a drivers license for a child.
(m) Pursuant to O.C.G.A. 20-2-690.2, each local school system shall participate in a student
attendance protocol committee. Independent school systems may participate in the committee in the
county where the system is located. Independent school systems whose geographic area
encompasses more than one county may select one of such counties in which to participate. An
independent school system that elects not to participate in the committee of the county where it is
located shall request the chief judge of the superior court of a county encompassed by its geographic
area to establish an independent student attendance protocol committee.
1. The superintendent or the superintendents designee of the local school system shall fully and
actively assist in the planning, implementation, and evaluation activities of the local school system
student attendance protocol committee.
2. The superintendent, a certificated school employee, a local school board member from each public
school system in the county, and a certificated school social worker from each public school system,
if any are employed by the school system, shall serve on the student attendance protocol committee.
3. Each local board of education shall consider and publicly announce its decisions regarding the
recommendations of the student attendance protocol committee.
4. Each local board of education shall report annual student attendance rates to the student
attendance protocol committee and the State Board of Education by September 1 following each
school year.
5. The local school system shall be responsible for providing a copy of the written student attendance
protocol to the Department by July 1, 2005, and upon any subsequent revisions or amendments.
6. The Department shall develop and disseminate exemplary model protocols that may be
implemented by local boards of education.
Page 44
Substance use
STATUTES
16-13-32.4. Manufacturing, distributing, dispensing, or possessing controlled substances in,on,or
near public or private schools.
(a) It shall be unlawful for any person to manufacture, distribute, dispense, or possess with intent to
distribute a controlled substance or marijuana in, on, or within 1,000 feet of any real property owned by or
leased to any public or private elementary school, secondary school, or school board used for elementary
or secondary education.
(b) Any person who violates or conspires to violate subsection (a) of this Code section shall be guilty of a
felony and upon conviction shall receive the following punishment:
(1) Upon a first conviction, imprisonment for not more than 20 years or a fine of not more than
$20,000.00, or both; or
(2) Upon a second or subsequent conviction, imprisonment for not less than five years nor more than
40 years or a fine of not more than $40,000.00, or both. It shall be mandatory for the court to impose a
minimum sentence of five years which may not be suspended unless otherwise provided by law.
A sentence imposed under this Code section shall be served consecutively to any other sentence
imposed.
(c) A conviction arising under this Code section shall not merge with a conviction arising under any other
provision of this article.
(d) It shall be no defense to a prosecution for a violation of this Code section that:
(1) School was or was not in session at the time of the offense;
(2) The real property was being used for other purposes besides school purposes at the time of the
offense; or
(3) The offense took place on a school vehicle.
(e) In a prosecution under this Code section, a map produced or reproduced by any municipal or county
agency or department for the purpose of depicting the location and boundaries of the area on or within
1,000 feet of the real property of a school board or a private or public elementary or secondary school
that is used for school purposes, or a true copy of the map, shall, if certified as a true copy by the
custodian of the record, be admissible and shall constitute prima-facie evidence of the location and
boundaries of the area, if the governing body of the municipality or county has approved the map as an
official record of the location and boundaries of the area. A map approved under this Code section may
be revised from time to time by the governing body of the municipality or county. The original of every
map approved or revised under this subsection or a true copy of such original map shall be filed with the
municipality or county and shall be maintained as an official record of the municipality or county. This
subsection shall not preclude the prosecution from introducing or relying upon any other evidence or
testimony to establish any element of this offense. This subsection shall not preclude the use or
admissibility of a map or diagram other than the one which has been approved by the municipality or
county.
(f) A county school board may adopt regulations requiring the posting of signs designating the areas
within 1,000 feet of school boards and private or public elementary and secondary schools as "Drug-free
School Zones."
(g) It is an affirmative defense to prosecution for a violation of this Code section that the prohibited
conduct took place entirely within a private residence, that no person 17 years of age or younger was
present in such private residence at any time during the commission of the offense, and that the
Page 45
prohibited conduct was not carried on for purposes of financial gain. Nothing in this subsection shall be
construed to establish an affirmative defense with respect to any offense under this chapter other than the
offense provided for in subsection (a) of this Code section.
20-2-142. Prescribed courses.
(b) (1) The State Board of Education and the Board of Driver Services shall jointly establish an alcohol
and drug course for the purpose of informing the young people of this state of the dangers involved in
consuming alcohol or certain drugs in connection with the operation of a motor vehicle. The course
shall be designed to generate greater interest in highway safety and accident prevention. The state
board and the Board of Driver Services shall jointly, by rules or regulations, determine the contents of
the course and its duration. The commissioner of driver services shall make available officers,
employees, officials, agents, contractors, or other appropriate representatives as determined by the
commissioner of driver services to teach the alcohol and drug course. The alcohol and drug course
shall be offered periodically but not less than once annually in the public schools of this state to
students in grades nine and above in the manner prescribed by the state board.
(2) The alcohol and drug course required by this subsection shall make available as a part of such
course a voluntary parent or guardian participation component which substantially complies with the
following requirements:
(A) A joint session with the parent or guardian and child which provides opportunities for parents or
guardians to voluntarily participate in the guidance and delivery of the antidrug and antialcohol
instruction; and
(B) A separate voluntary component solely for parental or guardian instruction that provides drug
prevention strategies, legal accountability information, an opportunity for parent or guardian
questions, and any other information that would offer parents or guardians a framework for the
protection of their children from alcohol and other drug use.
(3) All schools with grade nine or above which receive funds in any manner from the state shall make
available to eligible students and their parents or guardians the alcohol and drug course provided in this
subsection.
(4) The commissioner of driver services shall make the alcohol and drug course, and instructors where
necessary, available to the private schools in this state. In addition, the commissioner of driver services
shall offer the alcohol and drug course periodically at various locations in this state in the manner
provided by the Board of Driver Services. The commissioner shall also be authorized to offer such
course electronically online or in such other manner as determined appropriate by the commissioner.
(c) The State Board of Education shall prescribe a course of study in health and physical education for all
grades and grade levels in the public schools and shall establish minimum time requirements and
standards for its administration. The course shall include instruction concerning the impact of alcohol,
tobacco, and drug use upon health. A manual setting out the details of such courses of study shall be
prepared or approved by the State School Superintendent in cooperation with the Department of Public
Health, the state board, and such expert advisers as they may choose. The Department of Education is
directed to assemble or develop instructional resources and materials concerning alcohol and drug
abuse, taking into consideration technological enhancements available for utilization of such instructional
resources.
(d) The funds allocated under Code Section 20-2-13 shall be used for the purpose of creating and
maintaining state educational research services for purposes which shall include, but shall not be limited
to, the following:
(1) For the development, production, and procurement of curriculum materials and units of instruction
on the scientific facts in regard to the influence and effect of alcohol on human health and behavior and
Page 46
on social and economic conditions, including suggested methods of instruction in ways of working with
boys and girls and young people in the various age groups and grade levels of the public schools of the
state, as aids to classroom teachers and others responsible for the conduct of the educational program
in the public schools;
(2) For the publication, procurement, and dissemination of curriculum materials, units of instruction, and
suggested methods of instruction relating to the influence and effect of alcohol on human health and
behavior and on social and economic conditions for the school teachers and educational officials in the
various local school systems of the state, the Department of Education, and the various educational
institutions of the state which are engaged in the education and training of teachers; and
(3) For cooperative work, by and between the state educational research service and the local school
systems of the state, the Department of Education, and the educational institutions of the state which
are engaged in the education and training of teachers, through conferences, study groups,
demonstrations of methods and materials of instruction, and other means.
(e) The state board is authorized to expend such amounts as may be necessary of the moneys allocated
to it under Code Section 20-2-13 for the employment of a specialist or specialists or for contracting for the
services of specialists in research and in development and production of curriculum materials and units of
instruction on the scientific facts in regard to the influence of alcohol on human health and behavior and
on social and economic conditions, including methods of instruction; for the employment of secretarial
and clerical assistants and other office expenses; for expenses of conferences, study groups, and
demonstrations; and for all other expenses necessary in carrying out the purposes of this Code section.
(f) The state board shall make available uniformly to the public schools of the state and the educational
institutions of the state engaged in the education and training of teachers the curriculum materials, the
units of instruction, and the suggested methods of instruction which are developed under this Code
section.
ADMINISTRATIVE CODE
160-4-2-.12. Comprehensive health and physical education program plan.
(1) Definitions.
(a) Alcohol and other drug use education a planned program of instruction that provides information
about the use, misuse and abuse of alcohol, tobacco, legal and illegal drugs.
(2) Requirements.
(a) The local board of education shall develop and implement an accurate, comprehensive health and
physical education program that shall include information and concepts in the following areas.
1. Alcohol and other drug use
(d) Each school containing any grade K-12 shall provide alcohol and other drug use education on an
annual basis at each grade level.
2. Knowingly possesses or uses illegal drugs, or sells or solicits the sale of a controlled substance,
while at school, on school premises, or to a school function under the jurisdiction of the State or the
LEA ; or
Page 47
(7) Definitions.
(a) Controlled substance - a drug or other substance identified under schedules I, 11, 111, IV , or V in
section 202(c) of the Controlled Substances A ct (21 U .S .C . 812(c)).
(b) Illegal drug - a controlled substance ; but does not include a controlled substance that is legally
possessed or used under the supervision of a licensed health-care professional or that is legally
possessed or used under any other authority under that A ct or under any other provision of Federal
law.
(2) Requirements.
12. Unlawful use or possession of illegal drugs or alcohol;

STATUTES
(a) As used in this Code section, the term "bullying" means an act which occurs on school property, on
school vehicles, at designated school bus stops, or at school related functions or activities, or by use of
data or software that is accessed through a computer, computer system, computer network, or other
electronic technology of a local school system, that is:
(1) Any willful attempt or threat to inflict injury on another person, when accompanied by an apparent
present ability to do so;
(2) Any intentional display of force such as would give the victim reason to fear or expect immediate
bodily harm; or
(3) Any intentional written, verbal, or physical act which a reasonable person would perceive as being
intended to threaten, harass, or intimidate, that:
(A) Causes another person substantial physical harm within the meaning of Code Section 16-5-23.1
or visible bodily harm as such term is defined in Code Section 16-5-23.1;
(B) Has the effect of substantially interfering with a student's education;
(C) Is so severe, persistent, or pervasive that it creates an intimidating or threatening educational
environment; or
(D) Has the effect of substantially disrupting the orderly operation of the school.
(b) No later than August 1, 2011:
(1) Each local board of education shall adopt a policy that prohibits bullying of a student by another
student and shall require such prohibition to be included in the student code of conduct for schools in
that school system;
(2) Each local board policy shall require that, upon a finding by the disciplinary hearing officer, panel, or
tribunal of school officials provided for in this subpart that a student in grades six through 12 has
committed the offense of bullying for the third time in a school year, such student shall be assigned to
an alternative school;
(3) Each local board of education shall establish and publish in its local board policy a method to notify
the parent, guardian, or other person who has control or charge of a student upon a finding by a school
administrator that such student has committed an offense of bullying or is a victim of bullying; and
Page 48
(4) Each local board of education shall ensure that students and parents of students are notified of the
prohibition against bullying, and the penalties for violating the prohibition, by posting such information at
each school and by including such information in student and parent handbooks.
(1) A statement prohibiting bullying;
(2) A requirement that any teacher or other school employee who has reliable information that would
lead a reasonable person to suspect that someone is a target of bullying shall immediately report it to
the school principal;
(3) A requirement that each school have a procedure for the school administration to promptly
investigate in a timely manner and determine whether bullying has occurred;
(5) A procedure for a teacher or other school employee, student, parent, guardian, or other person who
has control or charge of a student, either anonymously or in such person's name, at such person's
option, to report or otherwise provide information on bullying activity;
(6) A statement prohibiting retaliation following a report of bullying; and
(7) Provisions consistent with the requirements of subsection (b) of this Code section.
(d) The Department of Education shall develop and post on its website a list of entities and their contact
information which produce antibullying training programs and materials deemed appropriate by the
department for use in local school systems.
(e) Any person who reports an incident of bullying in good faith shall be immune from civil liability for any
damages caused by such reporting.
(f) Nothing in this Code section or in the model policy promulgated by the Department of Education shall
be construed to require a local board of education to provide transportation to a student transferred to
another school as a result of a bullying incident.
(g) Any school system which is not in compliance with the requirements of subsection (b) of this Code
section shall be ineligible to receive state funding pursuant to Code Sections 20-2-161 and 20-2-260.
ADMINISTRATIVE CODE
(2) Requirements.
14. Bullying as defined in O.C.G.A. 20-2-751.4;
16. Each local board of education shall adopt policies, applicable to students in grades 6 through 12
that prohibit bullying of a student by another student and shall require such prohibition to be included
in the student code of conduct in that school system. Local board policies shall require that, upon a
finding that a student in grades 6 through 12 has committed the offense of bullying for the third time in
a school year, such student shall be assigned to an alternative school.
Page 49

STATUTES
(a) Each student code of conduct shall contain provisions that address the following conduct of students
during school hours, at school related functions, and on the school bus in a manner that is appropriate to
the age of the student:
(1) Verbal assault, including threatened violence, of teachers, administrators, and other school
personnel;
(2) Physical assault or battery of teachers, administrators, and other school personnel;
(3) Disrespectful conduct toward teachers, administrators, and other school personnel, including use of
vulgar or profane language;
(4) Verbal assault of other students, including threatened violence or sexual harassment as defined
pursuant to Title IX of the Education Amendments of 1972;
(5) Physical assault or battery of other students, including sexual harassment as defined pursuant to
Title IX of the Education Amendments of 1972;
(6) Disrespectful conduct toward other students, including use of vulgar or profane language;
(7) Verbal assault of, physical assault or battery of, and disrespectful conduct, including use of vulgar or
profane language, toward persons attending school related functions;
(8) Failure to comply with compulsory attendance as required under Code Section 20-2-690.1;
(9) Willful or malicious damage to real or personal property of the school or to personal property of any
(10) Inciting, advising, or counseling of others to engage in prohibited acts;
(11) Marking, defacing, or destroying school property;
(12) Possession of a weapon, as provided for in Code Section 16-11-127.1;
(13) Unlawful use or possession of illegal drugs or alcohol;
(14) Willful and persistent violation of the student code of conduct;
(15) Bullying as defined by Code Section 20-2-751.4;
(16) Marking, defacing, or destroying the property of another student; and
(17) Falsifying, misrepresenting, omitting, or erroneously reporting information regarding instances of
alleged inappropriate behavior by a teacher, administrator, or other school employee toward a student.
With regard to paragraphs (9), (11), and (17) of this subsection, each student code of conduct shall also
contain provisions that address conduct of students during off-school hours.
ADMINISTRATIVE CODE
(2) Requirements.
1. Standards for student behavior during school hours, at school-related functions, on school buses,
and at school bus stops designed to create the expectation that students will behave themselves in
Page 50
such a way so as to facilitate a learning environment for themselves and other students, respect each
other and school district employees, obey student behavior policies adopted by the local board of
education, and obey student behavior rules established by individual schools;
2. Verbal assault, including threatening violence, of teachers, administrators, and other school
personnel;
3. Physical assault or battery of teachers, administrators or other school personnel;
4. Disrespectful conduct toward teachers, administrators, other school personnel, persons attending
school related functions or other students, including use of vulgar or profane language;
5. Verbal assault of other students, including threatening violence or sexual harassment as defined
pursuant to Title IX of the Education Amendments of 1972;
6. Sexual harassment as defined pursuant to Title IX of the Education Amendments of 1972 or
physical assault or battery of other students.
7. Guidelines and consequences resulting from failure to comply with compulsory attendance as
required under O .C.G.A 20-2-690.1;
8. Willful or malicious damage to real or personal property of the school or to personal property of any
9. Inciting, advising, or counseling of others to engage in prohibited acts;
10. Marking, defacing or destroying school property or the property of another student;
11. Possession of a weapon, as provided for in O.C.G.A. 16-11-127.1;
12. Unlawful use or possession of illegal drugs or alcohol;
13. Willful and persistent violation of student codes of conduct;
14. Bullying as defined in O.C.G.A. 20-2-751.4;
15. Any off-campus behavior of a student which could result in the student being criminally charged
with a felony and which makes the student's continued presence at school a potential danger to
persons or property at the school or which disrupts the educational process;
Page 51

Prevention
STATUTES
20-2-142. Prescribed courses.
(b) (1) The State Board of Education and the Board of Driver Services shall jointly establish an alcohol
and drug course for the purpose of informing the young people of this state of the dangers involved in
consuming alcohol or certain drugs in connection with the operation of a motor vehicle. The course
shall be designed to generate greater interest in highway safety and accident prevention. The state
board and the Board of Driver Services shall jointly, by rules or regulations, determine the contents of
the course and its duration. The commissioner of driver services shall make available officers,
employees, officials, agents, contractors, or other appropriate representatives as determined by the
commissioner of driver services to teach the alcohol and drug course. The alcohol and drug course
shall be offered periodically but not less than once annually in the public schools of this state to
students in grades nine and above in the manner prescribed by the state board.
(2) The alcohol and drug course required by this subsection shall make available as a part of such
course a voluntary parent or guardian participation component which substantially complies with the
following requirements:
(A) A joint session with the parent or guardian and child which provides opportunities for parents or
guardians to voluntarily participate in the guidance and delivery of the antidrug and antialcohol
instruction; and
(B) A separate voluntary component solely for parental or guardian instruction that provides drug
prevention strategies, legal accountability information, an opportunity for parent or guardian
questions, and any other information that would offer parents or guardians a framework for the
protection of their children from alcohol and other drug use.
(3) All schools with grade nine or above which receive funds in any manner from the state shall make
available to eligible students and their parents or guardians the alcohol and drug course provided in this
subsection.
(4) The commissioner of driver services shall make the alcohol and drug course, and instructors where
necessary, available to the private schools in this state. In addition, the commissioner of driver services
shall offer the alcohol and drug course periodically at various locations in this state in the manner
provided by the Board of Driver Services. The commissioner shall also be authorized to offer such
course electronically online or in such other manner as determined appropriate by the commissioner.
(c) The State Board of Education shall prescribe a course of study in health and physical education for all
grades and grade levels in the public schools and shall establish minimum time requirements and
standards for its administration. The course shall include instruction concerning the impact of alcohol,
tobacco, and drug use upon health. A manual setting out the details of such courses of study shall be
prepared or approved by the State School Superintendent in cooperation with the Department of Public
Health, the state board, and such expert advisers as they may choose. The Department of Education is
directed to assemble or develop instructional resources and materials concerning alcohol and drug
abuse, taking into consideration technological enhancements available for utilization of such instructional
resources.
Page 52
(d) The funds allocated under Code Section 20-2-13 shall be used for the purpose of creating and
maintaining state educational research services for purposes which shall include, but shall not be limited
to, the following:
(1) For the development, production, and procurement of curriculum materials and units of instruction
on the scientific facts in regard to the influence and effect of alcohol on human health and behavior and
on social and economic conditions, including suggested methods of instruction in ways of working with
boys and girls and young people in the various age groups and grade levels of the public schools of the
state, as aids to classroom teachers and others responsible for the conduct of the educational program
in the public schools;
(2) For the publication, procurement, and dissemination of curriculum materials, units of instruction, and
suggested methods of instruction relating to the influence and effect of alcohol on human health and
behavior and on social and economic conditions for the school teachers and educational officials in the
various local school systems of the state, the Department of Education, and the various educational
institutions of the state which are engaged in the education and training of teachers; and
(3) For cooperative work, by and between the state educational research service and the local school
systems of the state, the Department of Education, and the educational institutions of the state which
are engaged in the education and training of teachers, through conferences, study groups,
demonstrations of methods and materials of instruction, and other means.
(e) The state board is authorized to expend such amounts as may be necessary of the moneys allocated
to it under Code Section 20-2-13 for the employment of a specialist or specialists or for contracting for the
services of specialists in research and in development and production of curriculum materials and units of
instruction on the scientific facts in regard to the influence of alcohol on human health and behavior and
on social and economic conditions, including methods of instruction; for the employment of secretarial
and clerical assistants and other office expenses; for expenses of conferences, study groups, and
demonstrations; and for all other expenses necessary in carrying out the purposes of this Code section.
(f) The state board shall make available uniformly to the public schools of the state and the educational
institutions of the state engaged in the education and training of teachers the curriculum materials, the
units of instruction, and the suggested methods of instruction which are developed under this Code
section.
20-2-145. Comprehensive character education program.
(a) The State Board of Education shall develop by the start of the 1997-1998 school year a
comprehensive character education program for levels K-12. This comprehensive character education
program shall be known as the "character curriculum" and shall focus on the students' development of the
following character traits: courage, patriotism, citizenship, honesty, fairness, respect for others, kindness,
cooperation, self-respect, self-control, courtesy, compassion, tolerance, diligence, generosity, punctuality,
cleanliness, cheerfulness, school pride, respect for the environment, respect for the creator, patience,
creativity, sportsmanship, loyalty, perseverance, and virtue. Such program shall also address, by the start
of the 1999-2000 school year, methods of discouraging bullying and violent acts against fellow students.
Local boards shall implement such a program in all grade levels at the beginning of the 2000-2001 school
year and shall provide opportunities for parental involvement in establishing expected outcomes of the
character education program.
(b) The Department of Education shall develop character education program workshops designed for
employees of local school systems.
Page 53
20-2-155. School climate management program; model codes of behavior and discipline.
The State Board of Education shall establish a state-wide school climate management program to help
local schools and systems requesting assistance in developing school climate improvement and
management processes. Such projects will be designed to optimize local resources through voluntary
community, student, teacher, administrator, and other school personnel participation. These processes
will be designed for, but will not be limited to, promoting positive gains in student achievement scores,
student and teacher morale, community support, and student and teacher attendance, while decreasing
student suspensions, expulsions, dropouts, and other negative aspects of the total school environment.
The state board upon request of a local school system is authorized to provide the necessary on-site
technical assistance to local schools and systems and to offer other assistance through regional and
state-wide conferences and workshops, printed material, and such other assistance as may be deemed
appropriate under this Code section. The state board shall, upon request of a local school system,
produce model codes of behavior and discipline and shall produce guidelines for application and
administration of such codes. The results of this program shall be annually presented to the General
Assembly for review in determining future appropriations for state-level technical assistance necessary to
perform the duties assigned to the state board under this Code section.
20-2-314. Development of rape prevention, personal safety education, and teen dating violence
prevention programs.
The State Board of Education shall develop, with input from appropriate experts, such as rape crisis
centers and family violence shelters, a rape prevention and personal safety education program and a
program for preventing teen dating violence for grade eight through grade 12 which are consistent with
the core curriculum provided for in Code Section 20-2-140. Local boards may implement such programs
at any time and for any grade level local boards find appropriate, and the state board shall encourage the
implementation of such programs. In addition, the state board shall make information regarding such
programs available to the Board of Regents of the University System of Georgia.
20-2-739. Conflict management resolution; cultural diversity training program.
On and after July 1, 2000, the Department of Education shall provide training programs in conflict
management and resolution and in cultural diversity for voluntary implementation by local boards of
education for school employees, parents and guardians, and students.
ADMINISTRATIVE CODE
160-4-2-.12. Comprehensive health and physical education program plan.
(1) Definitions.
(a) Alcohol and other drug use education a planned program of instruction that provides information
about the use, misuse and abuse of alcohol, tobacco, legal and illegal drugs.
(2) Requirements.
(a) The local board of education shall develop and implement an accurate, comprehensive health and
physical education program that shall include information and concepts in the following areas.
1. Alcohol and other drug use
(d) Each school containing any grade K-12 shall provide alcohol and other drug use education on an
annual basis at each grade level.
Page 54

STATUTES
(c) Student support processes developed pursuant to this subpart shall be designed to create the
expectation that the process of disciplining students will include due consideration, as appropriate in light
of the severity of the behavioral problem, of student support services that may help the student address
behavioral problems and that may be available through the school, the school system, other public
entities, or community organizations.
ADMINISTRATIVE CODE
160-4-8-.O1. Student support services.
(1) Definitions.
(a) Alternative Education Program (AEP) - an educational program that serves students who are eligible
to remain in the regular classroom but are more likely to succeed in a nontraditional setting such as that
provided in an alternative education program, as well as students who are excluded from the regular
classroom because of disciplinary reasons.
(b) Counseling - a process where some students receive assistance from professionals who assist them
to overcome emotional and social problems or concerns which may interfere with learning.
(c) Guidance - a process of regular assistance that all students receive from parents, teachers, school
counselors, and others to assist them in making appropriate educational and career choices.
(d) School Climate Management -systematic plan for addressing the factors that affect school climate
including a consistent management style and leadership by the principal, a code of expected behavior,
a code of disciplinary responses, a code of ethics for educators, a Student Support Team, delivery of
counseling and psychological mental health services, methods to reduce absences and increase
attendance, physical health support services, efforts to enlist parent and community support, utilization
of volunteers, support by and for the parent teacher organization, a preventive safety pl an and a crisis
response plan, staff development, and the maintenance program for the school 's physical plant.
(e) School Counseling and Guidance Services - guidance program planning, implementation and
evaluation; individual and group counseling; classroom and smallgroup guidance; career and
educational development; parent and teacher consultation; and referral.
(f) School Health Services - a process to address medically related health and safety issues and
address requests by parents and physicians that the school provide appropriate health procedures to
allow students to remain in school and increase opportunities for academic success.
(g) School Psychological Services - psychoeducational evaluation; crisis intervention; case study;
consultation to student support teams, parents, teachers, and administrators; behavioral observations
and analysis; and psychological counseling.
(h) School Social Work/Visiting Teacher Services - technical assistance on school climate issues;
assessment and intervention, including written social histories; individual, group, and family counseling;
and networking of appropriate home, school, and community services to address identified student
problems.
(i) Student Support Services (SSS) - integrated and collaborative programs of school counseling and
guidance services, school climate management and student discipline, school health services, school
psychology services, alternative education programs, and school social work/visiting teacher services,
provided individually or through a team approach, to all students at all grade levels.
Page 55
(2) Requirements.
(a) Each local school system shall develop a Student Services Plan that prescribes and identifies
programs and services that incorporate school climate improvement and management processes.
(b) Each Student Services Plan must minimally include guidelines for the systematic provision of the
1. Alternative education programs
2. School psychological services
3. School climate management
4. School counseling and guidance services
5. School health services
6. School social work/visiting teacher services
(c) The local board of education (LBOE) shall provide for a School Climate Management Process to
include improved student behavior and discipline in accordance with state and federal laws and State
Board of Education rules regarding the Improved Student Learning Environment and Discipline Act of
1999.
(d) The LBOE shall provide for School Guidance and Counseling Services in accordance with state and
federal laws, State Board of Education rules, and department guidelines.
(e) The LBOE shall provide School Social Work/Visiting Teacher Services by promoting home, school,
and community cooperation to address the needs of the at-risk student population characterized by
poverty, high absenteeism, academic failure, pregnancy, disruptive behavior or other student
dysfunctions.
(f) The LBOE shall provide for School Psychological Services sufficient to satisfy federal and state
regulations and additional legal obligations incurred through court agreement.
(g) The LBOE shall provide an Alternative Education Program in accordance with state and federal
laws, State Board of Education rules, and department guidelines.
(h) The LBOE shall provide for a School Health Nurse Program and must establish policies and
procedures regarding a School Health Nurse Program in accordance with state and federal laws.
(2) Requirements.
17. Behavior support processes designed to consider, as appropriate in light of the severity of the
behavioral problem, support services that may be available through the school, school system, other
public entities, or community organizations that may help the student address behavioral problems;
This rule neither mandates nor prohibits the use of student support teams as part of the student support
process;
STATUTES
20-2-145. Comprehensive character education program.
(a) The State Board of Education shall develop by the start of the 1997-1998 school year a
comprehensive character education program for levels K-12. This comprehensive character education
program shall be known as the "character curriculum" and shall focus on the students' development of the
following character traits: courage, patriotism, citizenship, honesty, fairness, respect for others, kindness,
Page 56
cooperation, self-respect, self-control, courtesy, compassion, tolerance, diligence, generosity, punctuality,

cleanliness, cheerfulness, school pride, respect for the environment, respect for the creator, patience,
creativity, sportsmanship, loyalty, perseverance, and virtue. Such program shall also address, by the start
of the 1999-2000 school year, methods of discouraging bullying and violent acts against fellow students.
Local boards shall implement such a program in all grade levels at the beginning of the 2000-2001 school
year and shall provide opportunities for parental involvement in establishing expected outcomes of the
character education program.
(b) The Department of Education shall develop character education program workshops designed for
employees of local school systems.
20-2-739. Conflict management resolution; cultural diversity training program.
On and after July 1, 2000, the Department of Education shall provide training programs in conflict
management and resolution and in cultural diversity for voluntary implementation by local boards of
education for school employees, parents and guardians, and students.
ADMINISTRATIVE CODE
(2) Requirements. The written policies must include the following provisions:
(g) 1. Staff and faculty training on the use of physical restraint and the school or programs policy and
procedures,
(h) Schools and programs that use physical restraints in accordance with paragraph (2)(e) of this rule,
must ensure that staff and faculty are trained in the use of physical restraint. This training shall be
provided as a part of a program which addresses a full continuum of positive behavioral intervention
strategies as well as prevention and deescalation techniques. Schools and programs must maintain
written or electronic documentation on training provided and the list of participants in each training.
Records of such training must be made available to the Georgia Department of Education or any
member of the public upon request.
Page 57

STATUTES
20-2-737. Reports by teacher of violations of student code of conduct; notification to parents of
support services or disciplinary action.
(a) Local board policies adopted pursuant to Code Section 20-2-735 shall require the filing of a report by
a teacher who has knowledge that a student has exhibited behavior that repeatedly or substantially
interferes with the teacher's ability to communicate effectively with the students in his or her class or with
the ability of such student's classmates to learn, where such behavior is in violation of the student code of
conduct. Such report shall be filed with the principal or the principal's designee within one school day of
the most recent occurrence of such behavior, shall not exceed one page, and shall describe the behavior.
The principal or the principal's designee shall, within one school day after receiving such a report from a
teacher, send to the student's parents or guardian a copy of the report and information regarding how the
student's parents or guardians may contact the principal or the principal's designee.
(b) If student support services are utilized or if disciplinary action is taken in response to such a report by
the principal or the principal's designee, the principal or the principal's designee shall send written
notification to the teacher and the student's parents or guardians of the student support services being
utilized or the disciplinary action taken within one school day after such utilization or action and shall
make a reasonable attempt to confirm that such written notification has been received by the student's
parents or guardians. Such written notification shall include information regarding how the student's
parents or guardians may contact the principal or the principal's designee.
20-2-1184. Reporting of students committing prohibited acts.
(a) Any teacher or other person employed at any public or private elementary or secondary school or any
dean or public safety officer employed by a college or university who has reasonable cause to believe
that a student at that school has committed any act upon school property or at any school function, which
act is prohibited by any of the following:
(1) Code Section 16-5-21, relating to aggravated assault if a firearm is involved;
(2) Code Section 16-5-24, relating to aggravated battery;
(3) Chapter 6 of Title 16, relating to sexual offenses;
(4) Code Section 16-11-127, relating to carrying a weapon or long gun in an unauthorized location;
(5) Code Section 16-11-127.1, relating to carrying weapons at school functions or on school property or
within school safety zones;
(6) Code Section 16-11-132, relating to the illegal possession of a handgun by a person under 18 years
of age; or
(7) Code Section 16-13-30, relating to possession and other activities regarding marijuana and
controlled substances, shall immediately report the act and the name of the student to the principal or
president of that school or the principal's or president's designee.
(b) The principal or designee who receives a report made pursuant to subsection (a) of this Code section
who has reasonable cause to believe that the report is valid shall make an oral report thereof immediately
by telephone or otherwise to the appropriate school system superintendent and to the appropriate police
authority and district attorney.
Page 58
(c) Any person participating in the making of a report or causing a report to be made as authorized or
required pursuant to this Code section or participating in any judicial proceeding or any other proceeding
resulting there from shall in so doing be immune from any civil or criminal liability that might otherwise be
incurred or imposed, providing such participation pursuant to this Code section is made in good faith.
(d) Any person required to make a report pursuant to this Code section who knowingly and willfully fails to
do so shall be guilty of a misdemeanor.
ADMINISTRATIVE CODE
(2) Requirements.
STATUTES
20-2-701. Responsibility for reporting truants to juvenile or other courts.
(a) Local school superintendents as applied to private schools, the Department of Education as applied to
home study programs, or visiting teachers and attendance officers as applied to public schools, after
written notice to the parent or guardian of a child, shall report to the juvenile or other court having
jurisdiction under Chapter 11 of Title 15 any child who is absent from a public or private school or a home
study program in violation of this subpart. If the judge of the court places such child in a home or in a
public or private institution pursuant to Chapter 11 of Title 15, school shall be provided for such child. The
(b) Local school superintendents or visiting teachers and attendance officers shall use their best efforts to
notify any child 14 years of age or older who has only three absences remaining prior to violating the
attendance requirements contained in subsection (a.1) of Code Section 40-5-22. Such notification shall
be made via first-class mail.
(4) The principal or teacher who administered corporal punishment must provide the child's parent, upon
request, a written explanation of the reasons for the punishment and the name of the principal or
assistant principal, or designee of the principal or assistant principal, who was present; provided,
however, that such an explanation shall not be used as evidence in any subsequent civil action brought
as a result of the corporal punishment;
Page 59
20-2-737. Reports by teacher of violations of student code of conduct; notification to parents of

support services or disciplinary action.
(a) Local board policies adopted pursuant to Code Section 20-2-735 shall require the filing of a report by
a teacher who has knowledge that a student has exhibited behavior that repeatedly or substantially
interferes with the teacher's ability to communicate effectively with the students in his or her class or with
the ability of such student's classmates to learn, where such behavior is in violation of the student code of
conduct. Such report shall be filed with the principal or the principal's designee within one school day of
the most recent occurrence of such behavior, shall not exceed one page, and shall describe the behavior.
The principal or the principal's designee shall, within one school day after receiving such a report from a
teacher, send to the student's parents or guardian a copy of the report and information regarding how the
student's parents or guardians may contact the principal or the principal's designee.
(b) If student support services are utilized or if disciplinary action is taken in response to such a report by
the principal or the principal's designee, the principal or the principal's designee shall send written
notification to the teacher and the student's parents or guardians of the student support services being
utilized or the disciplinary action taken within one school day after such utilization or action and shall
make a reasonable attempt to confirm that such written notification has been received by the student's
parents or guardians. Such written notification shall include information regarding how the student's
parents or guardians may contact the principal or the principal's designee.
(f) Within one school day of taking action pursuant to subsection (e) of this Code section, the principal or
the principal's designee shall send written notification of such action to the teacher and the parents or
guardians of the student and shall make a reasonable attempt to confirm that such written notification has
been received by the student's parents or guardians.
(g) Parents or guardians of a student who has been removed from class pursuant to subsection (b) of this
Code section may be required to participate in conferences that may be requested by the principal or the
principal's designee; provided, however, that a student may not be penalized for the failure of his or her
parent or guardian to attend such a conference.
(h) The procedures contained in this Code section relating to student conferences and notification of
parents or guardians are minimum requirements. Nothing in this Code section shall be construed to limit
the authority of a local board of education to establish additional requirements relating to student
conferences, notification of parents or guardians, conferences with parents or guardians, or other
procedures required by the Constitutions of the United States or this state.
(3) Each local board of education shall establish and publish in its local board policy a method to notify
the parent, guardian, or other person who has control or charge of a student upon a finding by a school
administrator that such student has committed an offense of bullying or is a victim of bullying; and
20-2-765. Notification of parent or guardian of chronic disciplinary problem student; observance
of child by parent or guardian; attendance of conference with principal or teacher or both.
Any time a teacher or principal identifies a student as a chronic disciplinary problem student, the principal
shall notify by telephone call and by either certified mail or statutory overnight delivery with return receipt
requested or first-class mail the student's parent or guardian of the disciplinary problem, invite such
parent or guardian to observe the student in a classroom situation, and request at least one parent or
guardian to attend a conference with the principal or the teacher or both to devise a disciplinary and
behavioral correction plan.
Page 60
ADMINISTRATIVE CODE
(6) Notification.
(a) On the date on which the decision is made to make a removal that constitutes a change of
placement of a child with a disability because of a violation of a code of child conduct, the LEA must
notify the parents of that decision, and provide the parents the procedural safeguards notice described
in Rule 160-4-7- .09 Procedural Safeguards.
(2) Requirements.
(h) The principal or the principal's designee shall send written notification to the teacher and to the
student's parents or guardians of the student support services being utilized or the disciplinary action
taken within one school day and shall make a reasonable attempt to confirm receipt of such written
notification by the student's parents or guardians. Written notification shall include information regarding
how student's parents or guardians may contact the principal or principal's designee.
(2) Requirements.
(i) To reduce unexcused absences, each local board of education shall adopt policies and procedures
that shall include but are not limited to:
1. Requiring the school system to notify the parent, guardian or other person who has control or
charge of the student when such student has five unexcused absences. The notice shall outline the
penalty and consequences of such absences and that each subsequent absence shall constitute a
separate offense. After two reasonable attempts to notify the parent, guardian or other person who
has charge of the student, the school system shall send written notice via certified mail with return
receipt requested, or first-class mail; and
2. Prior to any action to commence judicial proceedings to impose a penalty on a parent, guardian, or
other person residing in this state who has control or charge of the school aged child for failing to
comply with compulsory attendance, a school system shall send a notice to such parent, guardian, or
other person by certified mail, return receipt requested; and
3. Requiring public schools to provide to the parent, guardian, or other person having control or
charge of each student enrolled in public school a written summary of possible consequences and
penalties for failing to comply with compulsory attendance. By September 1 of each school year or
within 30 school days of a students enrollment in the school system, the parent, guardian, or other
person having control or charge of such student shall sign a statement indicating receipt of such
written statement of possible consequences and penalties. After two reasonable attempts by the
school to secure such signature or signatures, the school shall be considered to be in compliance
with this subsection if it sends a copy of the statement, via certified mail, return receipt requested, or
Page 61
first-class mail, to such parent, guardian, or other person who has control or charge of a child, or
children. In addition, students age ten or older by September 1 shall sign a statement indicating
receipt of written statement of possible consequences for noncompliance to the local systems policy.
(2) Requirements.
(g) Schools and programs that use physical restraint in accordance with paragraph (2)(e) of this rule
must develop and implement written policies to govern the use of physical restraint. Parents must be
provided information regarding the school or programs policies governing the use of physical restraint.
The written policies must include the following provisions:
2. Written parental notification when physical restraint is used to restrain their student within a
reasonable time not to exceed one school day from the use of restraint,

STATUTES
15-11-80. Notice to school officials.
Within 30 days of any proceeding in which a child is adjudicated delinquent for a second or subsequent
time or any adjudicatory proceeding involving a designated felony, the court shall provide written notice to
the school superintendent or his or her designee of the school in which such child is enrolled or, if the
information is known, of the school in which such child plans to be enrolled at a future date. Such notice
shall include the specific delinquent act or designated felony act that such child committed.
15-11-84. Name and addresses of children fingerprinted and offenses.
(a) As used in this Code section, the term "governmental entity" shall mean the court, superior court, the
Department of Juvenile Justice, the Department of Behavioral Health and Developmental Disabilities, the
Division of Family and Children Services of the Department of Human Services, county departments of
family and children services, or public school, as such term is defined in Code Section 16-11-35.
(b) Governmental entities and state, county, municipal, or consolidated government departments, boards,
or agencies shall exchange with each other all information not held as confidential pursuant to federal law
and relating to a child which may aid a governmental entity in the assessment, treatment, intervention, or
rehabilitation of a child, notwithstanding Code Section 15-1-15 or 15-11-9.1, subsection (d) of Code
Section 15-11-10, or Code Section 15-11-66.1, 15-11-75, 15-11-81, 15-11-82, 15-11-174, 20-2-751.2, 2014-40, 24-12-10, 24-12-11, 24-12-20, 26-4-5, 26-4-80, 26-5-17, 31-5-5, 31-33-6, 37-1-53, 37-2-9.1, 42-536, 42-8-40, 42-8-106, 49-5-40, 49-5-41, 49-5-41.1, 49-5-44, 49-5-45, 49-5-183, 49-5-184, 49-5-185, or
49-5-186, in order to serve the best interest of the child. Information which is shared pursuant to this
subsection shall not be utilized to assist in the prosecution of the child in juvenile court or superior court or
utilized to the detriment of the child.
(c) Information released pursuant to this Code section shall not change or rescind the confidential nature
of such information and such information shall not be subject to public disclosure or inspection unless
otherwise provided by law.
Page 62
20-2-756. Reports to law enforcement officials.

(a) The school administration, disciplinary hearing officer, panel, tribunal of school officials, or the local
board of education may, when any alleged criminal action by a student occurs, report the incident to the
appropriate law enforcement agency or officer for investigation to determine if criminal charges or
delinquent proceedings should be initiated.
(b) No individual reporting any incident under this subpart to a law enforcement agency or officer shall be
subject to any action for malicious prosecution, malicious abuse of process, or malicious use of process.
ADMINISTRATIVE CODE
(a) Nothing in this Rule prohibits a LEA from reporting a crime committed by a child with a disability to
appropriate authorities or prevents State law enforcement or judicial authorities from exercising their
responsibilities with regard to the application of Federal and State law to crimes committed by a child with
a disability.
(b) A LEA reporting a crime committed by a child with a disability must ensure that copies of the special
education and disciplinary records of the child are transmitted for consideration by the appropriate
authorities to whom the agency reports the crime.
(c) A LEA reporting a crime under this Rule may transmit copies of the child's special education and
disciplinary records only to the extent that the transmission is permitted by the Family Educational Rights
and Privacy Act.

STATUTES
20-2-751.2. Students subject to disciplinary orders of other school systems.
(a) As used in this Code section, the term "disciplinary order" means any order of a local school system in
this state, a private school in this state, or a public school outside of this state which imposes short-term
suspension, long-term suspension, or expulsion upon a student in such system or school.
(b) A local board of education which has a student who attempts to enroll or who is enrolled in any school
in its school system during the time in which that student is subject to a disciplinary order is authorized to
refuse to enroll or subject that student to short-term suspension, long-term suspension, or expulsion for
any time remaining in that other school system's or school's disciplinary order upon receiving a certified
copy of such order if the offense which led to such suspension or expulsion in the other school system or
school was an offense for which suspension or expulsion could be imposed in the enrolling school.
(c) A local school system or school may request of another school system or school whether any
disciplinary order has been imposed by the other school system or school upon a student who is seeking
to enroll or is enrolled in the requesting system or school. If such an order has been imposed and is still in
effect for such student, the requested school system or private school in this state shall so inform the
requesting system or school and shall provide a certified copy of the order to the requesting system or
school.
(d) If any school administrator determines from the information obtained pursuant to this Code section or
from Code Section 15-11-28 or 15-11-80 that a student has been convicted of or has been adjudicated to
have committed an offense which is a designated felony act under Code Section 15-11-63, such
administrator shall so inform all teachers to whom the student is assigned and other school personnel to
Page 63
whom the student is assigned. Such teachers and other certificated professional personnel as the
administrator deems appropriate may review the information in the student's file provided pursuant to this
Code section that has been received from other schools or from the juvenile courts or superior courts.
Such information shall be kept confidential.

STATUTES
20-2-740. Annual report by local boards of education regarding disciplinary and placement
actions; annual study by Department of Education.
(a) Each local board of education shall file an annual report, by August 1 of each year, with the
Department of Education regarding disciplinary and placement actions taken during the prior school year.
Such report shall classify the types of actions into the following categories:
(1) Actions in which a student was assigned to in-school suspension;
(2) Actions in which a student was suspended for a period of ten days or less;
(3) Actions in which a student was suspended for a period of more than ten days but not beyond the
current school quarter or semester;
(4) Actions in which a student was expelled beyond the current school quarter or semester but not
permanently expelled;
(5) Actions in which a student was permanently expelled;
(6) Actions in which a student was placed in an alternative educational setting;
(7) Actions in which a student was suspended from riding the bus;
(8) Actions in which corporal punishment was administered; and
(9) Actions in which a student was removed from class pursuant to subsection (b) of Code Section 20-2738.
(b) For each category of disciplinary or placement action listed in paragraphs (1) through (9) of subsection
(a) of this Code section, the local board shall provide the following information: the number of students
subject to the type of disciplinary or placement action; the age and grade level of such students; such
students' race and gender; and the number of students subject to the type of disciplinary action who were
eligible for free or reduced price lunches under federal guidelines. For each action listed in paragraph (9)
of subsection (a) of this Code section, the local board shall also provide information regarding the
decisions of placement review committees and the disciplinary and placement decisions made by
principals or their designees. The data required by this Code section shall be reported separately for each
school within the local school system and collected and reported in compliance with the requirements of
20 U.S.C. Sections 1232g and 1232h.
(c) The Department of Education shall conduct a study for each school year based upon the statistical
data filed by local boards pursuant to this Code section for the purpose of determining trends in discipline.
The department shall also utilize existing demographic data on school personnel as needed to establish
trends in discipline. Nothing in this Code section shall be construed to authorize the public release of
personally identifiable information regarding students or school personnel. The department shall prepare
a report for the General Assembly on the study annually and notify the members of the General Assembly
of the availability of the report in the manner which it deems to be most effective and efficient.
Page 64

STATUTES
20-8-2. Law enforcement powers.
On the campus of an educational facility, a campus policeman employed by such educational facility who
is certified in accordance with Code Section 20-8-3 and when authorized by the governing body or
authority of such educational facility shall have the same law enforcement powers, including the power of
arrest, as a law enforcement officer of the local government with police jurisdiction over such campus.
20-8-4. Exemption of University System campus policemen.
A campus policeman exercising the power of arrest pursuant to Code Section 20-3-72 providing campus
policemen and other security personnel of the University System of Georgia with arrest powers for
offenses committed upon university system property shall be exempt from this chapter.
STATUTES
20-8-3. Certification required.
As a condition precedent to the exercise of law enforcement powers pursuant to Code Section 20-8-2, a
campus policeman must be certified by the Georgia Peace Officer Standards and Training Council as
having met the qualifications and having completed the basic training requirements for a peace officer
under Article 2 of Chapter 2 of Title 35. All costs incurred in such certification and training shall be paid by
the educational facility employing the campus policeman. This chapter is permissive and shall not require
the certification of campus policemen by the Georgia Peace Officer Standards and Training Council. The
certification of a campus policeman by the Georgia Peace Officer Standards and Training Council does
not require that the campus policeman so certified exercise the powers provided in Code Section 20-8-2.

STATUTES
As used in this chapter, the term:
(1) "Campus" means the grounds and buildings owned or occupied by a college or university or the
grounds and buildings of a school or training facility operated by or under the authority of the State
Board of Education. The term "campus" shall also include any public or private property within 500
yards of the property of an educational facility and one-quarter mile of any public street or public
sidewalk connecting different buildings of the same educational facility when the property or buildings of
the educational facility are located within any county in this state having a population of 400,000 or
more according to the United States decennial census of 1970 or any future such census.
Page 65
(2) "Campus policeman" means an employee of an educational facility whose duties include the
enforcement of the laws of this state; the preservation of public order; the protection of life and property;
the prevention, detection, or investigation of crime; or any combination thereof.
(3) "College or university" means an accredited, nonproprietary, public or private educational institution
of higher learning located in this state.
(4) "Educational facility" means a college or university or a school or training facility operated by or
under the authority of the State Board of Education.
20-8-2. Law enforcement powers.
On the campus of an educational facility, a campus policeman employed by such educational facility who
is certified in accordance with Code Section 20-8-3 and when authorized by the governing body or
authority of such educational facility shall have the same law enforcement powers, including the power of
arrest, as a law enforcement officer of the local government with police jurisdiction over such campus.
20-8-5. Law enforcement powers of school security personnel in each public school system of the
state; certification; carrying of firearms or weapons.
(a) In each public school system in this state, school security personnel employed by the board of
education of a county or an independent board of education of a municipality for the various public
schools thereof who are certified pursuant to subsection (b) of this Code section and who are authorized
by the board of education of that county or the independent board of education of that municipality shall
have the same law enforcement powers on school property, including the power of arrest, as law
enforcement officers of that respective county or municipality.
(b) As a condition precedent to the exercise of law enforcement powers pursuant to subsection (a) of this
Code section, school security personnel must be certified by the Georgia Peace Officer Standards and
Training Council as having met the qualifications and having completed the basic training requirements
for a peace officer under Chapter 8 of Title 35. The certification of school security personnel by the
Georgia Peace Officer Standards and Training Council does not require that such security personnel
exercise the powers provided in subsection (a) of this Code section.
(c) The provisions of this Code section shall not prohibit a board of education of a county or an
independent board of education of a municipality from employing school security personnel without law
enforcement powers.
(d) School security personnel who are certified by the Georgia Peace Officer Standards and Training
Council may be authorized by a local board of education to carry a standard issue firearm or weapon
generally used for law enforcement purposes for the purpose of carrying out law enforcement duties.
20-8-6. Reports of criminal gang activity on or adjacent to campus.
Each educational facility which employs campus policemen, including institutions of the University System
of Georgia, shall report to the Georgia Bureau of Investigation and to the local law enforcement agency
incidents of criminal gang activity as defined by Code Section 16-15-3 which occur on or adjacent to the
campus of such educational facility.
20-8-7. Public disclosure of campus police records.
Law enforcement records created, received, or maintained by campus policemen that relate to the
investigation of criminal conduct and crimes as defined under Georgia law and which are not subject to
protection from disclosure by any other Georgia law shall be made available within a reasonable time
after request for public inspection and copying.
Page 66

STATUTES
(1) A statement prohibiting bullying;
(2) A requirement that any teacher or other school employee who has reliable information that would
lead a reasonable person to suspect that someone is a target of bullying shall immediately report it to
the school principal;
(3) A requirement that each school have a procedure for the school administration to promptly
investigate in a timely manner and determine whether bullying has occurred;
Page 67
(5) A procedure for a teacher or other school employee, student, parent, guardian, or other person who
has control or charge of a student, either anonymously or in such person's name, at such person's
option, to report or otherwise provide information on bullying activity;
(6) A statement prohibiting retaliation following a report of bullying; and
(7) Provisions consistent with the requirements of subsection (b) of this Code section.
(d) The Department of Education shall develop and post on its website a list of entities and their contact
information which produce antibullying training programs and materials deemed appropriate by the
department for use in local school systems.
STATUTES
(g) Any school system which is not in compliance with the requirements of subsection (b) of this Code
section shall be ineligible to receive state funding pursuant to Code Sections 20-2-161 and 20-2-260.
Page 68
Other/Uncategorized
STATUTES
20-2-1000. Limitation on civil damages for disciplining student; "educator" defined; frivolous or
nonmeritorious actions; legal counsel for the educator.
(a) As used in this Code section, the term "educator" means any principal, school administrator, teacher,
guidance counselor, paraprofessional, school bus driver, volunteer assisting teachers in the classroom,
tribunal members, or certificated professional personnel.
(b) No educator shall be liable for any civil damages for, or arising out of, any act or omission concerning,
relating to, or resulting from the discipline of any student or the reporting of any student for misconduct,
except for acts or omissions of willful or wanton misconduct.
(c) If a judgment or finding is rendered in favor of a defendant educator in any action, complaint,
disciplinary proceeding, or other administrative proceeding brought by a student, a parent or guardian of a
student, or any other person on behalf of a student and arising out of or resulting from the discipline of
such student or if the complaint is found to be nonmeritorious, frivolous, or without just cause, all
reasonable court costs, reasonable attorneys' fees, and reasonable expenses incurred by the defendant
educator in defending such action or complaint shall be assessed by the court, agency, or other tribunal
against the plaintiff and shall be paid by the plaintiff. Any educator shall have a right to bring an action or
a counterclaim against the plaintiff in any such action or proceeding for any damages suffered by the
educator as a result of the actions of the student or the filing of any frivolous or nonmeritorious action,
complaint, or report. Nothing in this subsection shall be construed to apply to any educator filing a
complaint as required by the rules, regulations, or code of ethics of the Professional Standards
Commission; any child abuse reporting statute; any applicable local board of education rule, regulation, or
policy; or any State Board of Education rule, regulation, or policy.
(d) If any civil action is brought against any educator or any report or complaint is made or filed against
any educator with the county or local board of education, the Department of Education, the Professional
Standards Commission, or any other regulatory agency or tribunal by a student, a parent or guardian of a
student, or any other person on behalf of a student and arising out of or relating to the discipline of such
student, it shall be the duty of the county or local board of education employing such educator to provide
counsel for the educator, if requested by the educator, unless such board of education determines, after
an independent investigation of the report or complaint, that the act or omission of the educator
constituted willful or wanton misconduct or constituted gross misconduct in violation of the express written
policies of the board of education. Neither testimony given in such independent investigation nor the
results of any such independent investigation by the board of education shall be admissible in any other
proceeding. The provision of counsel to such educator shall be for an educational purpose and any funds
available to the board of education may be expended for such purpose. Any attorneys' fees recovered
pursuant to subsection (c) of this Code section attributable to the services furnished by any counsel
provided to an educator by his or her employer shall be paid to the employer.
20-2-1001. Limited immunity from criminal liability.
(a) As used in this Code section, the term "educator" means any principal, school administrator, teacher,
guidance counselor, paraprofessional, school bus driver, volunteer assisting teachers in the classroom,
tribunal members, or certificated professional personnel.
Page 69
(b) An educator shall be immune from criminal liability for any act or omission concerning, relating to, or
resulting from the discipline of any student or the reporting of any student for misconduct, provided that
the educator acted in good faith.
20-2-732. When principal or teacher not liable for administering corporal punishment.
No principal or teacher who shall administer corporal punishment to a pupil or pupils under his care and
supervision in conformity with the policies and regulations of the area, county, or independent board of
education employing him and in accordance also with this subpart shall be held accountable or liable in
any criminal or civil action based upon the administering of corporal punishment where the corporal
punishment is administered in good faith and is not excessive or unduly severe.
(e) Any person who reports an incident of bullying in good faith shall be immune from civil liability for any
damages caused by such reporting.
20-2-756. Reports to law enforcement officials.
(a) The school administration, disciplinary hearing officer, panel, tribunal of school officials, or the local
board of education may, when any alleged criminal action by a student occurs, report the incident to the
appropriate law enforcement agency or officer for investigation to determine if criminal charges or
delinquent proceedings should be initiated.
(b) No individual reporting any incident under this subpart to a law enforcement agency or officer shall be
subject to any action for malicious prosecution, malicious abuse of process, or malicious use of process.

STATUTES
(e) Parental involvement processes developed pursuant to this subpart shall be designed to create the
expectation that parents and guardians, teachers, and school administrators will work together to improve
and enhance student behavior and academic performance and will communicate freely their concerns
about and actions in response to student behavior that detracts from the learning environment. The
student code of conduct developed pursuant to this Code section shall encourage parents and guardians
to inform their children of the consequences, including potential criminal penalties, of underage sexual
conduct and crimes for which a minor can be tried as an adult.
involvement.
(c) Local boards of education shall provide opportunities for parental involvement in developing and
updating student codes of conduct.
20-2-85. Legislative findings; role of local boards of education and school councils.
(a) The General Assembly recognizes the need to improve communication and participation of parents
and the community in the management and operation of local schools. The General Assembly believes
that parent and community support is critical to the success of students and schools. The intent of this
article is to bring communities and schools closer together in a spirit of cooperation to solve difficult
education problems, improve academic achievement, provide support for teachers and administrators,
and bring parents into the school-based decision-making process. The establishment of school councils is
Page 70
intended to help local boards of education develop and nurture participation, bring parents and the
community together with teachers and school administrators to create a better understanding of and
mutual respect for each other's concerns, and share ideas for school improvement. School councils shall
be reflective of the school community.
(b) The management and control of public schools shall be the responsibility of local boards of education,
and the school leader shall be the principal. School councils shall provide advice, recommendations, and
assistance and represent the community of parents and businesses. Each member of the council, as a
community representative, shall be accorded the respect and attention deserving of such election.
ADMINISTRATIVE CODE
160-4-8-.O1. Student support services.
(1) Definitions.
(h) School Social Work/Visiting Teacher Services - technical assistance on school climate issues;
assessment and intervention, including written social histories; individual, group, and family counseling;
and networking of appropriate home, school, and community services to address identified student
problems.
(2) Requirements.
(a) Each local school system shall develop a Student Services Plan that prescribes and identifies
programs and services that incorporate school climate improvement and management processes.
(b) Each Student Services Plan must minimally include guidelines for the systematic provision of the
6. School social work/visiting teacher services
(e) The LBOE shall provide School Social Work/Visiting Teacher Services by promoting home, school,
and community cooperation to address the needs of the at-risk student population characterized by
poverty, high absenteeism, academic failure, pregnancy, disruptive behavior or other student
dysfunctions.
(2) Requirements.
19. Parental involvement processes designed to create the expectation that parents, guardians,
teachers and school administrators will work together to improve and enhance student behavior and
academic performance and will communicate freely their concerns about, and actions in response to,
student behavior that detracts from the learning environment. Local boards of education shall provide
opportunities for parental involvement in developing and updating student codes of conduct.
Other/Uncategorized
STATUTES
20-2-1185. School safety plans.
(a) Every public school shall prepare a school safety plan to help curb the growing incidence of violence
in schools, to respond effectively to such incidents, and to provide a safe learning environment for
Georgia's children, teachers, and other school personnel. Such plan shall also address preparedness for
natural disasters, hazardous materials or radiological accidents, acts of violence, and acts of terrorism.
School safety plans of public schools shall be prepared with input from students enrolled in that school,
parents or legal guardians of such students, teachers in that school, community leaders, other school
Page 71
employees and school district employees, and local law enforcement, fire service, public safety, and
emergency management agencies. School safety plans of private schools may be prepared with input
from students enrolled in that school, parents or legal guardians of such students, teachers in that school,
other school employees, and local law enforcement, fire service, public safety, and emergency
management agencies. Such plans shall be reviewed and, if necessary, updated annually. Such plans of
public schools shall be submitted to the local emergency management agency.
(b) A public school may request funding assistance from the state for the installation of safety equipment
including, but not limited to, video surveillance cameras, metal detectors, and other similar security
devices. Funding may be provided to a public school in accordance with a school safety plan prepared by
the school and approved by the local board of education, the Department of Education, and the Georgia
Emergency Management Agency.
(c) School safety plans prepared by public schools shall address security issues in school safety zones as
defined in paragraph (1) of subsection (a) of Code Section 16-11-127.1. School safety plans should also
address security issues involving the transportation of pupils to and from school and school functions
when such transportation is furnished by the school or school system and school functions held during
noninstructional hours.
(d) The Georgia Emergency Management Agency shall provide training and technical assistance to public
school systems, and may provide this same training and technical assistance to private school systems,
and independent private schools throughout this state in the area of emergency management and safe
school operations. This training and technical assistance shall include, but not be limited to, crisis
response team development, site surveys and safety audits, crisis management planning, exercise
design, safe school planning, emergency operations planning, search and seizure, bomb threat
management, and model school safety plans.
Page 72

School Discipline
resources provided by Georgia provide additional context to state policy and regulations and, in some
Title
Description
Board of Education Rule

1604-7-.10 Discipline
Georgia State Board of

Education rules on student
discipline
http://www.doe.k12.ga.us/External-Affairsand-Policy/State-Board-ofEducation/SBOE%20Rules/160-4-7-.10.pdf
State of Georgia
Guidelines for Developing
Model Codes of Conduct,
Model Behavior Support
Process, Model Progressive
Discipline Process, and
Model Parental Involvement
Process
Provides guidelines and

models to assist schools in
developing codes of
conduct, behavior support
processes, progressive
discipline, and parental
involvement processes in
compliance with state law.
http://www.doe.k12.ga.us/CurriculumInstruction-and-Assessment/Curriculumand-Instruction/Documents/
Model%20Code%20of%20Conduct.pdf
Website
found
Documents
Other Resources
found
Page 73
Hawaii
Discipline Laws and
Regulations
Introduction
document.
Notes & Disclaimers

Prepared by:
Child Trends
Suite 1200W
Suite 110
Table of Contents
Hawaii State Codes Cited ........................................................................................................................... 1
Scope ........................................................................................................................................................ 2
Limitations, conditions or exclusions for use of suspension or expulsion ................................................. 8
In school suspension ............................................................................................................................... 10
Other weapons ........................................................................................................................................ 12
Substance use......................................................................................................................................... 14
Prevention ............................................................................................................................................... 20
Hawaii State Codes Cited

Hawaii Revised Statutes
Chapter 302A
Hawaii Administrative Code

Title 8, Subtitle 2, Part 1, Chapter 19. Department of Education, Education, Public schools: Student
misconduct, discipline, school searches and Seizures, reporting offenses, police interviews and arrests,
and restitution for vandalism
The following information was obtained via Center communication with a Hawaii DOE representative. The
exact contents of this rule are available to Hawaii state personnel only. The Sections noted below are
summarized in this compilation, with the approval of Hawaii DOE.
Hawaii Administrative Rules 8-19 (Jan 2013)

Section 3.
Section 7.
Establishing Schoolwide Positive Behavioral Interventions & Supports (SWPBIS)

Determining appropriate disciplinary actions
Hawaii Compilation of School Discipline Laws and Regulations
Page 1
General Provisions
ADMINISTRATIVE CODE
8-19-1. Philosophy.
(b) It is the responsibility of every student to demonstrate respectful, responsible, safe and ethical
behaviors on department of education transportation, or during a department of education sponsored
activity on or off school property. The department supports this through the establishment of a proactive
systems approach to schoolwide discipline.
(c) "...when a students behavior violates established policies, rules, or regulations of the department,
state or local laws, the department may take appropriate disciplinary action in accordance with this
chapter. The purpose of school-administered discipline is to:
(1) Promote and maintain a safe and secure educational environment;
(2) Teach and acknowledge proper behavior which is beneficial to the educational process and selfdevelopment;
(3) Deter students from acts which interfere with the purpose of education or which are self-destructive,
self-defeating or anti-social; and
(4) Maintain proper student conduct to ensure that educational activities and responsibilities remain
uninterrupted."
Scope
ADMINISTRATIVE CODE
8-19-3. Applicability.
(a) The provisions of this chapter shall apply to all students enrolled in a public school during the regular
school year, summer session, or intersessions regardless of age with the addition that, outside of the
hours when school is in session, boarding students are subject to the dormitory rules developed by the
school and agreed upon through written consent by the parent(s) or legal guardian(s) of boarding
students.
(b) The Hawaii administrative rules for students with disabilities shall apply in the discipline of students
who are eligible to receive special education or other services under those chapters.
(c) References to principal or designee in subchapter 2 shall be construed to include summer school
director for purposes of discipline in summer school. References to school year in this chapter shall be
construed to mean summer session whenever summer school applies.
(d) Discipline during intersessions and in summer school shall be governed by subchapter 3. Discipline of
students who receive special education services during an extension of the students school year shall be
governed by subchapter 2 and the guidelines and requirements of the Hawaii administrative rules for
(e) In all cases of student-related administrative actions and reporting, chapter 8-34 shall apply. In
addition, for students who receive special education services, the Hawaii administrative rules for students
with disabilities shall prevail.
Page 2
(f) No action relating to suspension, serious discipline, or restitution for vandalism or negligence shall be
taken except in accordance with this chapter.
(g) All matters relating to police interviews or arrests, or both, of students shall be administered in
accordance with this chapter.
8-19-6. Prohibited student conduct; class offenses.
(h) The disciplinary action options of subsections (c) and (d) shall be construed as disciplinary actions
within a school year.
(i) Disciplinary actions may be carried over to the following school year if the offense is committed within
twenty school days from the last instructional day for students in that school year.
8-19-10. Duration of disciplinary actions.
(a) If the disciplinary action could not be imposed as result of the appeal process, the disciplinary action
may be carried over to the next school year at any public school and does not include summer school.
(b) If the acts, which resulted in disciplinary action, was committed within twenty days from the last
instructional day for students in the school year the disciplinary action may be carried over to the next
school year at any public school and does not include summer school.
(c) This section shall not apply to firearm violations. Disciplinary action for firearm violations is a
mandatory not less than one calendar year.
(d) Other than as described in subsections (a) and (b), no disciplinary action shall continue beyond the
school year in which the action was committed.
8-19-12. Disciplinary actions; authority.
The summer school director or designee shall impose disciplinary action against any student attending
summer school.
STATUTES
302A-1133.5. Parent and guardian accountability for compliance with student code of conduct.
(a) The department shall inform all parents and guardians of the student code of conduct and of their
responsibilities with respect to ensuring that their children comply with the code. The department also
shall provide assistance and advice to parents and guardians in meeting their responsibilities under the
code.
(Per written communication from Hawaii DOE personnel, the State of Hawaii requires annual
dissemination of Chapter 19: Student Misconduct, Discipline, School Searchers and Seizures, Reporting
Offenses, Police Interviews and Arrests, and Restitution for Vandalism.)
ADMINISTRATIVE CODE
8-19-21. Failure to report class A or class B offenses occurring in school; consequences.
(a) The superintendent of education shall furnish an annual written notice to all schools and offices that
failure to report class A or class B offenses occurring on campus, or other department of education
premises, on department of education transportation, or during a department of education sponsored
activity or event on or off school property may result in disciplinary actions against responsible teachers,
officials, or other employees of the department.
Page 3

ADMINISTRATIVE CODE
"Crisis removal" means the immediate exclusion of a student from school in an emergency, because the
conduct of the student presents a clear, immediate threat to the physical safety of self or others, or the
student is so extremely disruptive as to make the immediate removal of the student necessary to preserve
the right of other students to pursue their education free from undue disruption
Truancy" means a student is absent from class(es) or the school campus without authorization from the
principal or designee.
8-19-7. Crisis removal.
(a) A principal or designee, in an emergency, may crisis remove a student immediately based upon
preliminary inquiry and findings that the students conduct presents a clear immediate threat to the
physical safety of self or others or is so extremely disruptive as to make the students immediate removal
necessary to preserve the right of other students to pursue an education free from undue disruption.
ADMINISTRATIVE CODE
Implementation Guidelines for Hawaii Administrative Rules 8-19 (January 2013)
Hawaii Administrative Rules 8-19 (Jan 2013), Section 7: Determining Appropriate Disciplinary
Actions.
This rule refers to how principals or other administrators should decide upon an appropriate disciplinary
action in relation to 8-19-5 and 8-19-6 of Hawaii Administrative Rules, Title 8, Subtitle 2, Part 1,
Chapter 19, specifically stating the facts that should be taken into account. It provides additional
guidance to administrators, including a list of possible disciplinary actions, and factors to consider when
deciding appropriate action. Additionally, it includes language restricting and/or requiring additional steps
following disciplinary action. Finally, there are examples of forms staff should use to report behavior
problems, analyze problem behaviors, make referrals, and file incident reports, (Information obtained via
Center communication with Hawaii DOE representative. The exact contents of this rule are available to
Hawaii state personnel only.)
Page 4

STATUTES
302A-1141. Punishment of pupils limited.
No physical punishment of any kind may be inflicted upon any pupil, but reasonable force may be used by
a teacher in order to restrain a pupil in attendance at school from hurting oneself or any other person or
property, and reasonable force may be used as defined in section 703-309(2) by a principal or the
principal's agent only with another teacher present and out of the presence of any other student but only
for the purposes outlined in section 703-309(2)(a).

ADMINISTRATIVE CODE
"Search" means if after requesting the student to voluntarily relinquish the contraband item(s) and the
student refuses and there are reasonable grounds to believe that the student has violated the law or
provisions prohibited under this chapter, or if there is a health or safety issue with illicit drugs, dangerous
weapons, dangerous instruments or firearms, or a combination of the foregoing, the school official may
examine the contents and belongings which may include but are not limited to purses, fanny packs,
backpacks, jackets, shoes, socks, or any other outer clothing.
"Seizure" means to take possession of the contraband item(s) that is or are uncovered during a search.
8-19-14. Policy on opening and inspection of student lockers.
School lockers provided to the students on campus are subject to opening and inspection (and external
dog sniffs) by school officials at any time with or without cause, provided that the searches are not
because of the students race, color, national origin, ancestry, sex, gender identity and expression,
religion, disability, or sexual orientation. Section 8-19-15 shall have no applicability to the opening and
inspection (and external dog sniffs) of student lockers. None of the restrictions in sections 8-19-15
through 8-19-18 or related to general school searches and seizures shall in any way be construed to
create an expectation of privacy in student 8-19-16 19-30 lockers. Students should assume that their
lockers are subject to opening and inspection (and external dog sniffs) any time with or without cause.
8-19-15. Policy on general school searches and seizures.
Except as provided in section 8-19-14 regarding student lockers, students have a reasonable expectation
of privacy in their persons on campus, or other department of education premises, on department of
education transportation, or during a department of education sponsored activity or event on or off school
property. Schools have an equally legitimate need to maintain order and an environment where learning
can take place. In fulfilling this legitimate need, school officials may on occasions need to carry out
searches and seizures on campus, or other department of education premises, on department of
education transportation, or during a department of education sponsored activity or event on or off school
property. As a general policy, except as provided in section 8-19-14 regarding student lockers, the
searches and seizures are permissible if there are reasonable grounds to suspect, based on the
attendant circumstances that the search will turn up evidence that the student or students have violated
or are violating either the law or the student conduct prohibited under this chapter. Searches and seizures
conducted by school officials shall abide by the provisions of this subchapter.
Page 5

Page 6

STATUTES
302A-1134.6. Zero tolerance policy.
(a) Any child who possesses, sells, or uses a dangerous weapon or switchblade knife, while attending
school or while attending department-supervised activities held on or off school property, may be
excluded from attending school for up to ninety-two school days, as determined by the principal and
approved by the superintendent or other individuals designated pursuant to rules adopted by the board.
(b) Except as provided in subsection (f), any child who possesses, sells, consumes, or uses intoxicating
liquor or illegal drugs, while attending school or while attending department-supervised activities held on
or off school property, may be excluded from attending school for up to ninety-two school days, as
determined by the principal and approved by the superintendent or other individuals designated pursuant
to rules adopted by the board.
(c) Except as provided in subsection (f), any child who reasonably appears to have consumed or used
intoxicating liquor or illegal drugs prior to attending school or attending department-supervised activities
held on or off school property, may be excluded from attending school for up to ninety-two school days,
as determined by the principal and approved by the superintendent or other individuals designated
pursuant to rules adopted by the board.
ADMINISTRATIVE CODE
(c) Any student who possesses, sells, or uses a dangerous weapon, switchblade knife or any improperly
used knife, intoxicating substance(s), or illicit drug(s) while attending school may be excluded from
attending school for up to ninety-two school days. Any student who reasonably appears to be under the
influence of, have consumed or used intoxicating substance(s) or illicit drug(s) prior to attending school or
attending department-supervised activities held on campus, or other department of education premises,
on department of education transportation, or during a department of education sponsored activity or
event on or off school property may be excluded from attending school for up to ninety-two school days
and the school shall administer a substance use screening tool to determine whether there is a need for
the student to be referred for a substance abuse assessment pursuant to section 302A-1134.6(f), Hawaii
Revised Statutes.

STATUTES
302A-1134. Exclusion from school.
(b) Any child who, while attending school, is found to be in possession of a firearm, shall be excluded
from attending school for not less than one year. The due process procedures of chapter 19 of the
Department of Education, Hawaii Administrative Rules, shall apply to any child who, while attending
school, is alleged to be in possession of a firearm. The superintendent, on a case-by-case basis, may
Page 7
modify the exclusion of a child found to be in possession of a firearm while attending school. If a child is
excluded from attending school, the superintendent shall ensure that substitute educational activities or
other appropriate assistance shall be provided. The superintendent shall submit to the United States
Department of Education, the state board of education, and the legislature an annual report indicating the
number of students excluded, the types of firearms found in their possession, and the schools from which
they were excluded.
Limitations, conditions or exclusions for use of suspension or expulsion

ADMINISTRATIVE CODE
(c) In determining disciplinary actions, the principal or designee shall consider the intention of the
offender, the nature and severity of the offense, the impact of the offense on others including whether the
action was committed by an individual or a group of individuals such as a gang, the age of the offender,
and if the offender was a repeat offender.
(b) The superintendent or designee, on a case-by-case basis, may modify the dismissal of a student
found to be in possession of a firearm.
(c) For "any student who possesses, sells, or uses a dangerous weapon, switchblade knife or any
improperly used knife, intoxicating substance(s), or illicit drug(s) while attending school..." ...The principal
or designee can approve suspensions of one to ten school days. The complex area superintendent shall
approve suspensions exceeding ten school days. In exercising this discretion and determining disciplinary
actions, the principal or designee shall consider, the nature and severity of the offense, the impact of the
offense on others, the age of the offender, and if the offender is a repeat offender.
(f) No action amounting to serious discipline shall be imposed on students for committing class D
offenses.
(g) No suspension or serious discipline shall be imposed on any student because of class cutting or
truancy.
(e) A crisis removal shall not continue for more than ten school days, except when approved by the
complex area superintendent during an appeal.

STATUES
(a) If for any reason a child becomes a detriment to the morals or discipline of any school, the child may
be precluded from attending school by the principal, with the approval of the complex area
superintendent. The department shall seek the active participation of other public and private agencies in
providing help to these children before and after they have left school. An appeal may be taken on behalf
of the child to the superintendent of education within ten days from the date of such action.
Page 8
ADMINISTRATIVE CODE
(a) Suspensions exceeding ten school days or suspensions that will result in the student being
suspended more than a total of ten school days in any single semester, disciplinary transfers, dismissals,
and extension of crisis removals shall be approved by complex area superintendent.
(b) Crisis removals and suspensions of ten school days or less may be approved by the principal or
designee.
(c) In determining disciplinary actions, the principal or designee shall consider the intention of the
offender, the nature and severity of the offense, the impact of the offense on others including whether the
action was committed by an individual or a group of individuals such as a gang, the age of the offender,
and if the offender was a repeat offender.
8-19-7.1. Investigation.
(a) Immediately after making a crisis removal or whenever the principal or designee has reason to believe
that a student has engaged in an activity warranting the imposition of a suspension, the principal or
designee shall initiate a thorough investigation.
(b) When conducting an investigation, the principal or designee shall make a good faith effort at the
earliest point possible to inform the parent about the schools investigation. If after making reasonable
attempts, the principal or designee is unable to contact the parent, the school may engage in and
complete the investigation. The investigation shall be completed as quickly as possible. If the principal or
designee elects to initiate proceedings for the imposition of serious discipline other than crisis removal,
the principal or designee upon completion of the investigation, shall make a written report containing a
brief summary of the testimony of witnesses interviewed, any other evidence, and the principal or
designees reason(s) for the initiation of disciplinary proceedings.
8-19-8. Suspension.
(a) Whenever a principal or designee has reason to believe that a student has engaged in activity
warranting the imposition of suspension, the principal or designee shall immediately conduct an
investigation of the incident. Upon completion of the investigation and findings, the student may be
suspended if the principal or designee finds that the findings are sustained.
(c) If the total number of days in any single semester for suspensions exceeds ten school days, the due
process procedures of this chapter shall apply unless otherwise indicated by law.
8-19-9. Due process for suspensions exceeding ten days, disciplinary transfers, and dismissal.
(a) If, based upon the investigation, the principal or designee believes that a student engaged in an
activity which constitutes a violation of this chapter, and if the principal or designee recommends that
serious discipline other than crisis removal be imposed, the principal or designee shall immediately notify
the complex area superintendent to initiate disciplinary proceedings by obtaining verbal authorization from
the complex area superintendent.
(b) Upon obtaining verbal authorization from the complex area superintendent, the principal or the
designee will make a good faith effort to inform the parent of:
(1) The serious discipline incident,
(2) The opportunity to appeal, and
(3) That the disciplinary action will be implemented immediately.
(c) Within three school days of the verbal authorization from the complex area superintendent, the
principal or designee shall mail a written notice of the serious discipline incident with the appeal form to
Page 9
the parent. A facsimile signature of or an electronic approval confirmation of the complex area
superintendent on the serious discipline incident form is sufficient. The written notice of serious discipline
shall contain the following statements:
(1) Allegations of the specific acts committed by the student that form the basis of the serious discipline;
(2) The allegations of the specific acts that were substantiated;
(3) A statement of the disciplinary action(s); and
(4) A statement that the parent has a right to an appeal to the complex area superintendent at which
time the parent may present evidence, call and cross-examine witnesses, and be represented by legal
counsel and to the extent the parent provides a written notice of legal representation at least ten
calendar days prior to the appeal.
(5) If the student or parent would like to file an appeal, the appeal must be submitted in writing and
received by the complex area superintendent by the close of business of the seventh school day from
the date of the issued serious discipline notice. The student shall be permitted to attend the school of
the student pending the appeal unless the principal finds the continued presence of the student creates
a substantial risk to self or others or to the rights of other students to pursue their education free from
disruption. However, the student shall not participate in any extracurricular activities, including but are
not limited to athletics, trips, or clubs.
For more information on appeal procedures, refer to 8-19-9 (d), (e) and (f)
In school suspension
ADMINISTRATIVE CODE
(d) Disciplinary action shall be taken for all class offenses in grades kindergarten through twelve in
accordance with procedures established under this chapter and within the following options as
determined by the authorities designated in section 8-19-5. Interventions to teach students appropriate
behaviors must be instituted when disciplinary actions are imposed. Disciplinary action options may
include the following:
(5) In-school suspension;

ADMINISTRATIVE CODE
(d) A student who is the subject of a crisis removal shall be permitted to resume attendance at school as
soon as the crisis no longer exists.
(e) A crisis removal shall not continue for more than ten school days, except when approved by the
complex area superintendent during an appeal.

Page 10
STATUTES
from attending school for not less than one yearIf a child is excluded from attending school, the
superintendent shall ensure that substitute educational activities or other appropriate assistance shall be
provided.
ADMINISTRATIVE CODE
(b) If a student is dismissed from school, that student shall be provided alternate educational activities or
other appropriate assistance as provided in section 8-19-11.
improperly used knife, intoxicating substance(s), or illicit drug(s) while attending school..." ...If the student
is excluded from attending school, the principal or designee shall ensure that alternate educational
activities or other appropriate student support assistance shall be provided, and that the student is
referred for appropriate intervention or treatment services, or both, as determined by the principal or
designee in consultation with the appropriate school staff or in accordance with the Hawaii administrative
rules for students with disabilities, if applicable.
8-19-11. Alternate educational activities and other assistance when students are found to be in
violation of this chapter.
(a) The complex area superintendent shall ensure that alternate educational activities or active
participation of the public or private agencies are provided as appropriate for all students who are crisis
removed for a period exceeding ten school days or suspended for a period exceeding ten school days.
(b) For all students who are suspended for one to ten school days, the principal or designee may consider
providing alternate educational activities based on students need.
(c) The Hawaii administrative rules for students with disabilities shall apply for students eligible under this
chapter.
Page 11

Conditions
STATUTES
from attending school for not less than one year. The due process procedures of chapter 19 of the
Department of Education, Hawaii Administrative Rules, shall apply to any child who, while attending
school, is alleged to be in possession of a firearm. The superintendent, on a case-by-case basis, may
modify the exclusion of a child found to be in possession of a firearm while attending school. If a child is
excluded from attending school, the superintendent shall ensure that substitute educational activities or
other appropriate assistance shall be provided. The superintendent shall submit to the United States
they were excluded.
ADMINISTRATIVE CODE
(b) Any student who possesses a firearm shall be dismissed from school for not less than one calendar
year period. The possession or use of a firearm is prohibited on campus, or other department of
education premises, on department of education transportation, or during a department of education
sponsored activity or event on or off school property except for participation in athletic teams, clubs
and/or Junior Reserve Officer Training Corp (JROTC) shooting sports programs and marksmanship
training, education, and competitions. [The superintendent or designee, on a case-by-case basis, may
modify the dismissal of a student found to be in possession of a firearm. If a student is dismissed from
school, that student shall be provided alternate educational activities or other appropriate assistance as
provided in section 8-19-11.] [Bracketed info was also copied to Authority and Alternative Placements
sections]
Other weapons
STATUTES
(a) Any child who possesses, sells, or uses a dangerous weapon or switchblade knife, while attending
school or while attending department-supervised activities held on or off school property, may be
excluded from attending school for up to ninety-two school days, as determined by the principal and
approved by the superintendent or other individuals designated pursuant to rules adopted by the board.
(d) In any case of exclusion from school, the due process procedures as set forth in the provisions of
Hawaii administrative rules relating to student discipline shall apply.
(e) If a child is excluded from attending school for more than ten days, the superintendent or the
superintendent's designee shall ensure that substitute educational activities or other appropriate
Page 12
assistance are provided, such as referral for appropriate intervention and treatment services, as
determined by the principal in consultation with the appropriate school staff.
(g) For purposes of this section:
"Dangerous weapon" means a dirk, dagger, butterfly knife, blackjack, slug shot, billy, metal knuckles, or
other instrument whose sole design and purpose is to inflict bodily injury or death; provided that
firearms are excluded from this definition
"Switchblade knife" is as defined in section 134-52.
(h) The board of education shall adopt rules in accordance with chapter 91 to implement this section.
ADMINISTRATIVE CODE
attending school for up to ninety-two school days.


STATUTES
302A-1132. Attendance compulsory; exceptions.
(a) Unless excluded from school or excepted from attendance, all children who will have arrived at the
age of at least six years, and who will not have arrived at the age of eighteen years, by January 1 of any
school year, shall attend either a public or private school for, and during, the school year, and any parent,
guardian, or other person having the responsibility for, or care of, a child whose attendance at school is
obligatory shall send the child to either a public or private school. Attendance at a public or private school
shall not be compulsory in the following cases:
(1) Where the child is physically or mentally unable to attend school (deafness and blindness excepted),
of which fact the certificate of a duly licensed physician shall be sufficient evidence;
(2) Where the child, who has reached the fifteenth anniversary of birth, is suitably employed and has
been excused from school attendance by the superintendent or the superintendent's authorized
representative, or by a family court judge;
(3) Where, upon investigation by the family court, it has been shown that for any other reason the child
may properly remain away from school;
(4) Where the child has graduated from high school;
(5) Where the child is enrolled in an appropriate alternative educational program as approved by the
superintendent or the superintendent's authorized representative in accordance with the plans and
policies of the department, or notification of intent to home school has been submitted to the principal of
the public school that the child would otherwise be required to attend in accordance with department
rules adopted to achieve this result; or
(6) Where:
(A) The child has attained the age of sixteen years;
Page 13
(B) The principal has determined that:

(i) The child has engaged in behavior which is disruptive to other students, teachers, or staff; or
(ii) The child's non-attendance is chronic and has become a significant factor that hinders the child's
learning; and
(C) The principal of the child's school, and the child's teacher or counselor, in consultation with the
child and the child's parent, guardian, or other adult having legal responsibility for or care of the child,
develops an alternative educational plan for the child. The alternative educational plan shall include a
process that shall permit the child to resume school.
The principal of the child's school shall file the plan made pursuant to subparagraph (C) with the
child's school record. If the adult having legal responsibility for or care of the child disagrees with the
plan, then the adult shall be responsible for obtaining appropriate educational services for the child.
(b) Any employer who employs a child who is excused from school attendance in accordance with
subsection (a)(2) shall notify the child's school within three days upon termination of the child's
employment.
Substance use
STATUTES
(b) Except as provided in subsection (f), any child who possesses, sells, consumes, or uses intoxicating
liquor or illegal drugs, while attending school or while attending department-supervised activities held on
or off school property, may be excluded from attending school for up to ninety-two school days, as
determined by the principal and approved by the superintendent or other individuals designated pursuant
to rules adopted by the board.
(c) Except as provided in subsection (f), any child who reasonably appears to have consumed or used
intoxicating liquor or illegal drugs prior to attending school or attending department-supervised activities
held on or off school property, may be excluded from attending school for up to ninety-two school days,
as determined by the principal and approved by the superintendent or other individuals designated
pursuant to rules adopted by the board.
(d) In any case of exclusion from school, the due process procedures as set forth in the provisions of
Hawaii administrative rules relating to student discipline shall apply.
(e) If a child is excluded from attending school for more than ten days, the superintendent or the
superintendent's designee shall ensure that substitute educational activities or other appropriate
assistance are provided, such as referral for appropriate intervention and treatment services, as
determined by the principal in consultation with the appropriate school staff.
(f) A child determined to be in violation of subsection (b) or (c) shall be subject to the department's
disciplinary rules; provided that:
(1) The school shall administer a screening tool approved by the department to determine whether
there is a need for the child to be referred for a substance abuse assessment;
(2) The child shall be allowed to return to school earlier than the department's original disciplinary
determination; provided that the child gives the school evidence of the following:
(A) A substance abuse assessment has been completed; and
(B) The child is progressing toward clinical discharge from any substance abuse treatment or
substance abuse counseling recommended by the substance abuse assessment;
Page 14
(3) If the substance abuse assessment finds that the child does not need substance abuse treatment or
substance abuse counseling, the school may allow the child to return to school earlier than originally
indicated; provided that:
(A) The child provides a certified copy of the assessment; and
(B) The child's parent or legal guardian consents to the child and the child's family receiving follow-up
counseling or other student support services to be provided by the department.
In determining whether to allow the child to return to school early, the school administrator shall review
and determine the nature and severity of the offense, the impact of the offense on others, the age of the
offender, and whether the offender is a repeat offender; and
(4) For the child's first violation of subsection (b) or (c), if the child provides evidence of clinical
discharge from the substance abuse treatment program or substance abuse counseling, all records of
disciplinary action relating to the original offense shall be expunged. For the purposes of this paragraph,
"expunged" means the records of substance abuse assessment shall be segregated and kept confidential
but shall be destroyed upon graduation of the child.
(g) For purposes of this section:
"Illegal drugs" means the possession, distribution, ingestion, manufacture, sale, or delivery of
substances which are prohibited under chapter 329 and chapter 712, part IV.
(h) The board of education shall adopt rules in accordance with chapter 91 to implement this section.
ADMINISTRATIVE CODE
attending school for up to ninety-two school days. Any student who reasonably appears to be under the
influence of, have consumed or used intoxicating substance(s) or illicit drug(s) prior to attending school or
attending department-supervised activities held on campus, or other department of education premises,
on department of education transportation, or during a department of education sponsored activity or
event on or off school property may be excluded from attending school for up to ninety-two school days
and the school shall administer a substance use screening tool to determine whether there is a need for
the student to be referred for a substance abuse assessment pursuant to section 302A-1134.6(f), Hawaii
Revised Statutes.

ADMINISTRATIVE CODE
"Bullying" means any written, verbal, graphic, or physical act that a student or group of students exhibits
toward other particular student(s) and the behavior causes mental or physical harm to the other
student(s); and is sufficiently severe, persistent, or pervasive that it creates an intimidating, threatening,
or abusive educational environment for the other student(s)
"Cyberbullying" means electronically transmitted acts, i.e., Internet, cell phone, personal digital assistance
(PDA), or wireless hand-held device that a student has exhibited toward another student or employee of
the department which causes mental or physical harm to the other student(s) or school personnel and is
sufficiently severe, persistent or pervasive that it creates an intimidating, threatening, or abusive
educational environment:
Page 15
(1) On campus, or other department of education premises, on department of education transportation,

or during a department of education sponsored activity or event on or off school property;
(2) Through a department of education data system without department of education authorized
communication; or
(3) Through an off campus computer network that is sufficiently severe, persistent, or pervasive that it
creates an intimidating, threatening, or abusive educational environment for the other student or school
personnel, or both []
In evaluating whether conduct constitutes harassment, intimidation or bullying, special attention should be
paid to the words chosen or the actions, taken, whether the conduct occurred in front of others or was
communicated to others, how the perpetrator interacted with the victim, and the motivation, either
admitted or appropriately inferred. Electronic transmissions include but are not limited to the use of data,
computer software that is accessed through a computer, a computer network system, other computerized
systems, cellular phones or other similar electronic devices that display e-mail, text messaging, blogs,
photos, drawings, video clips, on-line community websites, or faxes, or a combination of the foregoing []
"Harassment" means a student who is harassing, bullying, including cyberbullying, annoying, or alarming
another person by engaging in the following conduct that includes but is not limited to:
(1) Striking, shoving, kicking, or otherwise touching a person in an offensive manner or subjecting such
person to offensive physical contact;
(2) Insulting, taunting, or challenging another person in a manner likely to provoke a violent response;
(3) Making verbal or non-verbal expressions that causes others to feel uncomfortable, pressured,
threatened, or in danger because of reasons that include but are not limited to the person's race, color,
national origin, ancestry, sex, including gender identity and expression, religion, disability, or sexual
orientation that creates an intimidating, hostile, or offensive educational environment, or interferes with
the education of a student, or otherwise adversely affects the educational opportunity of a student or
students;
(4) Name calling, making rude gestures, insulting, or teasing another person who feels humiliated,
intimidated, threatened, or embarrassed;
(5) Making a telephone call without purpose of legitimate communication;
(6) Making repeated communications anonymously, or at extremely inconvenient hours, or in
offensively coarse language on campus or, other department of education premises, on department of
education transportation, or during a department of education sponsored activity or event on or off
school property;
(7) Causing fear as to prevent others from gaining legitimate access to or use of school buildings,
facilities, services, or grounds such as, but is not limited to, restroom facilities; or
(8) Physically harming, physically restraining, threatening, or stalking, or a combination of the foregoing.
"Hazing" means any conduct or method of initiation into any student organization or activity, whether on
campus or other department of education premises, on department of education transportation, or during
a department of education sponsored activity or event on or off school property, which willfully or
recklessly endangers the physical or mental health of any student. Such conduct shall include, but is not
limited to whipping, beating, branding, forced calisthenics, exposure to weather, forced consumption of
any food, liquor, beverage, drug or other substance, indecent exposure, or any other treatment or forced
physical activity which is likely to adversely affect the physical or mental health, or both, or safety of any
student, or which subjects any student to extreme mental stress, including deprivation of sleep or rest,
extended isolation, or personal humiliation.
Page 16

(a) The following prohibited conduct applies to all students in the public school system, on campus, or
other department of education premises, on department of education transportation, or during a
department of education sponsored activity or event on or off school property.(2) Class B offenses:
(A) Bullying;
(B) Cyberbullying;
(G) Harassment;
(H) Hazing;

ADMINISTRATIVE CODE
(a) The following prohibited conduct applies to all students in the public school system, on campus, or
other department of education premises, on department of education transportation, or during a
department of education sponsored activity or event on or off school property.
(1) Class A offenses:
(A) Assault;
(B) Burglary;
(C) Dangerous instrument, or substance; possession or use of;
(D) Dangerous weapons; possession, or use of;
(E) Drug paraphernalia; possession, use, or sale of;
(F) Extortion;
(G) Fighting;
(H) Firearms; possession or use of;
(I) Homicide;
(J) Illicit drugs; possession, use, or sale of;
(K) Intoxicating substances; possession, use, or sale of;
(L) Property damage or vandalism;
(M) Robbery;
(N) Sexual offenses; or
(O) Terroristic threatening.
(2) Class B offenses:
(A) Bullying;
(B) Cyberbullying;
(C) Disorderly conduct;
(D) False alarm;
(E) Forgery;
(F) Gambling;
(G) Harassment;
(H) Hazing;
Page 17
(I) Inappropriate or questionable uses, or both of internet materials or equipment, or both;

(J) Theft; or
(K) Trespassing.
(3) Class C offenses:
(A) Abusive language;
(B) Class cutting;
(C) Insubordination;
(D) Laser pen/laser pointer; possession or use of;
(E) Leaving campus without consent;
(F) Smoking or use of tobacco substances; or
(G) Truancy.
(4) Class D offenses:
(A) Contraband; possession or use of;
(B) Minor problem behaviors; or
(C) Other school rules.
(i) Any other conduct as may be prescribed and prohibited by school rules. Individual school rules
shall be published or made available for inspection at the school office and shall inform students,
school staff, and parents of the prohibited conduct under class A through D of this section.
(ii) No disciplinary action amounting to serious discipline shall be imposed for violation of any
individual school rule as a class D offense.
(a) The following prohibited conduct applies to all students in summer school during summer school
hours, on campus, or other department of education premises, on department of education transportation,
or during a department of education sponsored activity or event on or off school property.
(1) Class A offenses:
(A) Assault;
(B) Burglary;
(C) Dangerous instrument, or substance; possession or use of;
(D) Dangerous weapons; possession or use of;
(E) Drug paraphernalia; possession, use, or sale of;
(F) Extortion;
(G) Fighting;
(H) Firearms; possession or use of;
(I) Homicide;
(J) Illicit drugs; possession, use, or sale of;
(K) Intoxicating substances; possession, use, or sale of;
(L) Property damage or vandalism;
(M) Robbery;
(N) Sexual offenses; or
(O) Terroristic threatening.
Page 18
(2) Class B offenses:

(A) Bullying;
(B) Cyberbullying;
(C) Disorderly conduct;
(D) False alarm;
(E) Forgery;
(F) Gambling;
(G) Harassment;
(H) Hazing;
(I) Inappropriate or questionable uses, or both of internet materials or equipment, or both;
(J) Theft; or
(K) Trespassing.
(3) Class C offenses:
(A) Abusive language;
(B) Class cutting;
(C) Insubordination;
(D) Laser pen/laser pointer; possession or use of;
(E) Leaving campus without consent;
(F) Smoking or use of tobacco substances; or
(G) Truancy.
(4) Class D offenses:
(A) Contraband; possession or use of;
(B) Minor problem behaviors; or
(C) Other school rules.
(b) Class C and D offenses: A summer school student who commits two of any class C or D offense as
defined in section 8-19-6 in the course of summer school shall receive a warning for the first offense and
may be released from summer school for the second offense.
(c) Any student who commits a class A or class B offense shall be dismissed from summer school. The
summer school director or designee shall notify and meet with the student and parent prior to dismissal
from summer school. The summer school director shall file a report with the complex area superintendent
and shall provide a copy to the parent.
(d) A summer school director or designee, in an emergency, may impose a crisis removal of a student
immediately after finding that the students conduct presents an immediate clear threat to the physical
safety of self or others or is so extremely disruptive as to make the students immediate removal
necessary to preserve the right of other students to pursue an education free from undue disruption. The
summer school director or designee shall inform and meet with the student and parent prior to the
students reinstatement in summer school. No student shall be reinstated without the meeting. The
summer school director or designee shall file a report with the complex area superintendent and shall
provide a copy to the parent.
Page 19

Prevention
ADMINISTRATIVE CODE
Implementation Guidelines for Hawaii Administrative Rules 8-19 (January 2013)
Hawaii Administrative Rules 8-19 (Jan 2013), Section 3: Establishing Schoolwide Positive
Behavioral Interventions & Supports (SWPBIS).
In relation to 8-19-1 of Hawaii Administrative Rules, Title 8, Subtitle 2, Part 1, Chapter 19, this rule
requires schools to provide a positive environment for students specifically referring to the type of learning
environment that should be cultivated. The rule explains how SWPBIS assists schools in establishing and
maintaining a compassionate, positive, and safe school culture. Additionally it states the role that
students must play in creating and maintaining this positive environment. (Information obtained via Center
communication with Hawaii DOE representative. The exact contents of this rule are available to Hawaii
state personnel only.)

ADMINISTRATIVE CODE
(d) Disciplinary action shall be taken for all class offenses in grades kindergarten through twelve in
accordance with procedures established under this chapter and within the following options as
determined by the authorities designated in section 8-19-5. Interventions to teach students appropriate
behaviors must be instituted when disciplinary actions are imposed. Disciplinary action options may
(1) Correction and conference with student;
(2) Detention;
(3) Crisis removal;
(4) Individualized instruction related to students problem behaviors;
(5) In-school suspension;
(6) Interim alternate education setting;
(7) Loss of privileges;
(8) Parent conferences;
(9) Time in office;
(10) Suspension of one to ten school days;
(11) Suspension of eleven or more school days;
(12) Saturday school;
(13) Disciplinary transfer;
(14) Referral to alternative education programs;
(15) Dismissal; or
(16) Restitution.
Page 20
(e) Students shall be counseled in addition to any disciplinary action taken under subsections (c) and (d).
improperly used knife, intoxicating substance(s), or illicit drug(s) while attending school..." ...If the student
is excluded from attending school, the principal or designee shall ensure that alternate educational
activities or other appropriate student support assistance shall be provided, and that the student is
referred for appropriate intervention or treatment services, or both, as determined by the principal or
designee in consultation with the appropriate school staff or in accordance with the Hawaii administrative
rules for students with disabilities, if applicable.
Page 21

STATUTES
302A-1002. Reporting of crime-related incidents.
The board shall adopt rules pursuant to chapter 91 to:
(1) Require a report to appropriate authorities from a teacher, official, or other employee of the
department who knows or has reason to believe that an act has been committed or will be committed,
which:
(A) Occurred or will occur on school property during school hours or during activities supervised by
the school; and,
(B) Involves crimes relating to arson, assault, burglary, disorderly conduct, dangerous weapons,
dangerous drugs, harmful drugs, extortion, firearms, gambling, harassment, intoxicating drugs,
marijuana or marijuana concentrate, murder, attempted murder, sexual offenses, rendering a false
alarm, criminal property damage, robbery, terroristic threatening, theft, or trespass;
(2) Establish procedures for disposing of any incident reported; and
(3) Impose, in addition to any other powers or authority the department may have to discipline school
officials, appropriate disciplinary action for failure to report these incidents, including probation,
suspension, demotion, and discharge of school officials.
from attending school for not less than one yearThe superintendent shall submit to the United States
they were excluded.
ADMINISTRATIVE CODE
(b) The investigation shall be completed as quickly as possible. If the principal or designee elects to
initiate proceedings for the imposition of serious discipline other than crisis removal, the principal or
designee upon completion of the investigation, shall make a written report containing a brief summary of
the testimony of witnesses interviewed, any other evidence, and the principal or designees reason(s) for
the initiation of disciplinary proceedings.
8-19-8. Suspension.
(d) A copy of the [parental suspension] notice shall be mailed to the complex area superintendent.
Page 22
8-19-19. Reporting class A and class B offenses occurring in school.
(a) Any teacher, official, or other employee of the department who is a witness to a class A or class B
offense as defined in this chapter, or who has reasonable cause to believe that a class A or class B
offense has been committed or will be committed, against a student, teacher, official, or other employee
of the department, or involving school property, shall promptly report the incident to the principal or
designee. Nothing in this subsection shall be construed to prohibit or prevent a teacher, official, or other
employee of the department from reporting class C or class D offenses to the principal or designee.
(b) Upon receiving a class A or class B offense report, the principal or designee shall conduct an
investigation to determine whether the behavior requires a direct call to the police or whether the behavior
can be handled through school disciplinary procedures. The principal or designee shall call the police
whenever there is perceived danger and the behavior cannot be handled by the school staff.
(c) The principal or designee shall record the incident information into the departments electronic
database system within five school days of the reported offense.
(d) The principal or designee shall notify the reporting teacher, official, or other employee, of the
disciplinary action, if any, taken on the class offense(s) within five school days after the incident is
reported in accordance with subsection (c).
ADMINISTRATIVE CODE
(c) For "any student who possesses, sells, or uses ... intoxicating substance(s), or illicit drug(s) while
attending school... [or]... who reasonably appears to be under the influence of, have consumed or used
intoxicating substance(s) or illicit drug(s) prior to attending school or attending department-supervised
activities held on campus, or other department of education premises, on department of education
transportation, or during a department of education sponsored activity or event on or off school property,
... the school administrator shall comply with the provisions of this chapter by conducting an investigation
of the reported incident and inform the parent of the disciplinary action. In addition, the school
administrator shall arrange for the student to be screened by a trained screener. The designated screener
will summarize the results with the student, and inform the school administrator of the results. The school
administrator shall then inform the family of the screening results, the early return provisions of the law,
and provide a contact list of medical insurance agencies that conduct substance abuse assessments."
(b) Upon imposition of a crisis removal, schools shall make a good faith effort to inform the parent
immediately by telephone.
(c) A follow-up written notice of the crisis removal shall be personally delivered or mailed to the parent.
The notice of the crisis removal shall contain the following written statements:
(1) Allegations of the specific acts committed by the student that form the basis of the crisis removal;
(4) A statement of a conference date, time, and place offered by the school administration to meet with
the parent.
Page 23
(b) When conducting an investigation, the principal or designee shall make a good faith effort at the
earliest point possible to inform the parent about the schools investigation. If after making reasonable
attempts, the principal or designee is unable to contact the parent, the school may engage in and
complete the investigation.
(c) The principal or designee shall give to the parent notice of the findings against the student. If the
student or parent denies the charge(s), the principal or designee shall indicate to the parent and the
student the evidence to support the findings of the school official. The student or parent shall be given an
opportunity to present the students version of the incident.
8-19-8. Suspension.
(a) Whenever a principal or designee has reason to believe that a student has engaged in activity
warranting the imposition of suspension, the principal or designee shall immediately conduct an
investigation of the incident. Upon completion of the investigation and findings, the principal or
designee shall inform the parent in writing of the findings and the disciplinary actions.
(b) If the student or parent denies the charge(s), the principal or designee shall indicate to the student and
parent what evidence school authorities have to support the findings of the school official. The student or
parent, or both shall be given an opportunity to present the students version of the incident. However,
where the student is unable to understand the seriousness of the charges, the nature of the proceedings,
and consequences thereof, or is of such age, intelligence or experience as to make meaningful
discussion difficult, the principal or designee shall request that the parent be present to participate in the
discussion.
(d) The parent shall be given verbal notice of any suspension regardless of its length. Prior notice for
suspension shall be by telephone, if feasible, and the written notice personally delivered or mailed to the
parent upon completion of the investigation. The suspension notice shall contain the following written
statements:
(1) Allegations of the specific acts committed by the student that form the basis of the suspension;
(4) A statement of a conference date, time, and place offered by the school administration to meet with
the parent.
In addition to the notice required by this subsection, the principal shall attempt to confirm the notice by
telephoning the parent.
(b) Upon obtaining verbal authorization from the complex area superintendent, the principal or the
designee will make a good faith effort to inform the parent of:
(1) The serious discipline incident,
(2) The opportunity to appeal, and
(3) That the disciplinary action will be implemented immediately.
Page 24
(c) Within three school days of the verbal authorization from the complex area superintendent, the
principal or designee shall mail a written notice of the serious discipline incident with the appeal form to
the parent. A facsimile signature of or an electronic approval confirmation of the complex area
superintendent on the serious discipline incident form is sufficient. The written notice of serious discipline
shall contain the following statements:
(1) Allegations of the specific acts committed by the student that form the basis of the serious discipline;
(4) A statement that the parent has a right to an appeal to the complex area superintendent at which
time the parent may present evidence, call and cross-examine witnesses, and be represented by legal
counsel and to the extent the parent provides a written notice of legal representation at least ten
calendar days prior to the appeal.
(5) If the student or parent would like to file an appeal, the appeal must be submitted in writing and
received by the complex area superintendent by the close of business of the seventh school day from
the date of the issued serious discipline notice. The student shall be permitted to attend the school of
the student pending the appeal unless the principal finds the continued presence of the student creates
a substantial risk to self or others or to the rights of other students to pursue their education free from
disruption. However, the student shall not participate in any extracurricular activities, including but are
not limited to athletics, trips, or clubs.
For more information on appeal procedures, refer to 8-19-9 (d), (e) and (f)
8-19-22. Police interviews in school for school-related offenses.
(a) Police officers may appear at a school to question a student. Upon arrival at the school, the police
officer shall be directed to the principal or designee to request permission to interview a student. If
permission to interview a student is to be granted, the principal or designee shall make an effort to inform
the parent of the police interview and the right to be present when the interview is conducted. The
interview may be conducted if the principal or designee is unable to inform the parent or if the parent is
informed and declines to be present, or if after a reasonable period of time after the notice is given the
parent fails to appear at school for the police interview.
(b) The principal or designee shall be present during a police interview unless excluded by the police
officer.
(c) If a student is arrested, the principal or designee shall follow the procedures prescribed in section 819-24.

STATUTES
302A-1137. Attendance records; availability to authorized police officers.
Dates of attendance of a student shall be made available to authorized police officers upon request.
ADMINISTRATIVE CODE
8-19-19. Reporting class A and class B offenses occurring in school.
(b) The principal or designee shall call the police whenever there is perceived danger and the behavior
cannot be handled by the school staff.
Page 25
8-19-22. Police interviews in school for school-related offenses.

(a) Police officers may appear at a school to question a student. Upon arrival at the school, the police
officer shall be directed to the principal or designee to request permission to interview a student. If
permission to interview a student is to be granted, the principal or designee shall make an effort to inform
the parent of the police interview and the right to be present when the interview is conducted. The
interview may be conducted if the principal or designee is unable to inform the parent or if the parent is
informed and declines to be present, or if after a reasonable period of time after the notice is given the
parent fails to appear at school for the police interview.
(b) The principal or designee shall be present during a police interview unless excluded by the police
officer.
(c) If a student is arrested, the principal or designee shall follow the procedures prescribed in section 819-24.
8-19-24. Police arrests in school.
Police shall be directed to the principal or designee. Whenever possible the student shall be sent to the
principals office for the police officer to effect the pending arrest. Upon police arrival to arrest a student,
the principal or designee shall make a good faith effort to inform the parent.

STATUTES
302A-1137. Attendance records; availability to authorized police officers.
Dates of attendance of a student shall be made available to authorized police officers upon request.

Page 26


Page 27

Page 28
Other/Uncategorized
ADMINISTRATIVE CODE
8-19-25. Liability for Vandalism.
(a) When any student is found to be responsible for an act of vandalism against any public school
building, facility, or ground, restitution shall be made by the student or parent. There shall be no restitution
when vandalism cannot be proved to have been committed by the student.

Other/Uncategorized
ADMINISTRATIVE CODE
8-19-26. Procedures applicable to Vandalism.
(a) Whenever a principal or designee has reason to believe that a student may be responsible for an act
of vandalism against any public school building, facility or ground, the principal or designee shall
immediately initiate an investigation.
(b) If the vandalism is an act which subjects the student to disciplinary action under this chapter, the
principal or designee shall include as part of the investigation required under sections 8-19-7, 8-19-8, 819-9, and 8-19-10, a determination of the facts and circumstances that support restitution under this
subchapter. Further action related to restitution shall be held in abeyance until disciplinary action has
been determined and appeal procedures have been exhausted.
(c) If after the investigation, the principal or designee has reason to believe that a student is responsible
for the vandalism, the principal or designee shall schedule a conference with the student and parent.
Attendance at the conference shall be limited to the principal or designee, student, and parent.
(d) Advance written notice of the conference shall be made on departmental forms, which shall be
delivered by mail to the parent. No student or parent shall be required to make restitution in any manner
unless the parent has been notified and has been given an opportunity to be heard. The notice shall
inform the parent of the findings and the date, time, and location of the conference. The notice shall be
mailed at least fifteen calendar days before the date of the conference. When necessary to achieve
effective communication the notice shall be provided in the native language of the parent. The school may
use other means of communication, such as the telephone, to augment the written communication
between the school and the parent. []
Page 29

School Discipline
resources provided by Hawaii provide additional context to state policy and regulations and, in some
Title
Description
State DOE website

on student
behavior.
Includes: Student Bill of Rights and

Responsibilities, Student Code of Conduct,
Bullying
http://doe.k12.hi.us/student/behavior/
index.htm
State resources on
bullying.
Defines bullying and describes initiatives

and actions to prevent bullying and
harassment in schools.
http://www.doe.k12.hi.us/bullying/ind
ex.htm
This House Bill was proposed but has not

yet been approved.
http://www.capitol.hawaii.gov/sessio
n2011/bills/HB688_HD1_.pdf
Website
Documents
No relevant
resources found
Other Resources
"Safe Schools Act"
House Bill 688
(2011)
Page 30
Idaho
Discipline Laws and
Regulations
Introduction
document.
Notes & Disclaimers

Prepared by:
Child Trends
Suite 1200W
Suite 110
Table of Contents
Idaho State Codes Cited ............................................................................................................................. 1
Scope ........................................................................................................................................................ 3
Alternative placements .............................................................................................................................. 9
Other weapons ........................................................................................................................................ 12
Substance use......................................................................................................................................... 15
Prevention ............................................................................................................................................... 20
Idaho State Codes Cited

Idaho Revised Statutes
Title 18. Crimes and Punishments
Chapter 9. Assault and Battery
18-917A.
Student harassment Intimidation Bullying
Chapter 33. Firearms, Explosive, and other Deadly Weapons

18-3301.
18-3302D.
18-3302I.
Deadly weapon Possession with intent to assault

Possessing weapons or firearms on school property
Threatening violence on school grounds
Title 20. State Prisons and County Jails

Chapter 5. Juvenile Corrections Act
20-509
Violent offenses, controlled substances violations near schools and offenders
Title 33. Education

Chapter 2. Attendance at Schools
33-201.
33-205.
33-206.
33-210.
School age
Denial of school attendance
Habitual truant defined
Students using or under the influence of alcohol or controlled substances
Chapter 5. District Trustees

33-512.
Governance of schools
Chapter 12. Teachers

33-1225.
Threats of violence
Chapter 16. Courses of Instruction

33-1612.
Thorough system of public schools
Chapter 20. Education of Exceptional Children

33-2009.
Education of children housed in juvenile detention facilities
Idaho Administrative Code

Idaho Administrative Procedures Act (IDAPA)
Section 08. Department Of Education Rules
School Violence/ Safety Policies/ Procedures Manual
506.
506.50.
541.
543.
544.
Student harassment
Prohibitions against harassment intimidation and bullying
Prohibition of weapons
Student suspension
Student expulsion/denial of enrollment
Idaho Compilation of School Discipline Laws and Regulations
Page 1
General Provisions
STATUTES
33-205. Denial of school attendance.
The board of trustees of each school district shall establish the procedure to be followed by the
superintendent and principals under its jurisdiction for the purpose of effecting a temporary suspension,
which procedure must conform to the minimal requirements of due process.
33-512. Governance of schools.
The board of trustees of each school district shall have the following powers and duties:
(6) To prescribe rules for the disciplining of unruly or insubordinate pupils, including rules on student
harassment, intimidation and bullying, such rules to be included in a district discipline code adopted by
the board of trustees and a summarized version thereof to be provided in writing at the beginning of
each school year to the teachers and students in the district in a manner consistent with the student's
age, grade and level of academic achievement;
33-1612. Thorough system of public schools.
The constitution of the state of Idaho, section 1, article IX, charges the legislature with the duty to
establish and maintain a general, uniform and thorough system of public, free common schools. In
fulfillment of this duty, the people of the state of Idaho have long enjoyed the benefits of a public school
system, supported by the legislature, which has recognized the value of education to the children of this
state.
In continuing recognition of the fundamental duty established by the constitution, the legislature finds it in
the public interest to define thoroughness and thereby establish the basic assumptions which govern
provision of a thorough system of public schools.
A thorough system of public schools in Idaho is one in which:
1. A safe environment conducive to learning is provided;
2. Educators are empowered to maintain classroom discipline;
3. The basic values of honesty, self-discipline, unselfishness, respect for authority and the central
importance of work are emphasized;
4. The skills necessary to communicate effectively are taught;
5. A basic curriculum necessary to enable students to enter academic or professional-technical
postsecondary educational programs is provided;
6. The skills necessary for students to enter the work force are taught;
7. The students are introduced to current technology; and
8. The importance of students acquiring the skills to enable them to be responsible citizens of their
homes, schools and communities is emphasized.
The state board shall adopt rules, pursuant to the provisions of chapter 52, title 67, Idaho Code, and
section 33-105(3), Idaho Code, to establish a thorough system of public schools with uniformity as
required by the constitution, but shall not otherwise impinge upon the authority of the board of trustees of
the school districts. Authority to govern the school district, vested in the board of trustees of the school
Page 2
district, not delegated to the state board, is reserved to the board of trustees. Fulfillment of the
expectations of a thorough system of public schools will continue to depend upon the vigilance of district
patrons, the dedication of school trustees and educators, the responsiveness of state rules, and
meaningful oversight by the legislature.
ADMINISTRATIVE CODE
School Violence/ Safety Policies/ Procedures Manual (2006):
A school district has every right, if authorized under its own policies, to discipline a student for his or her
actions relating to school matters, even if there are criminal charges or convictions levied against the
student. The criminal conviction does not preclude the school district from disciplining a student as the
double jeopardy law does not apply. 2 Within the boundaries of its policies, and depending on the
severity of the incident, the school district can impose discipline, up to and including expulsion, against
the student. (p.5)
Scope
STATUTES
Page 3



STATUTES
18-3302D. Possessing weapons or firearms on school property.
(3) Right to search students or minors.
For purposes of enforcing the provisions of this section, employees of a school district shall have the right
to search all students or minors, including their belongings and lockers, that are reasonably believed to be
in violation of the provisions of this section, or applicable school rule or district policy, regarding the
possessing of a firearm or other deadly or dangerous weapon.

Page 4

STATUTES
The board of trustees may deny enrollment, or may deny attendance at any of its schools by expulsion, to
any pupil who is an habitual truant (see 33-206), or who is incorrigible, or whose conduct, in the judgment
of the board, is such as to be continuously disruptive of school discipline, or of the instructional
effectiveness of the school, or whose presence in a public school is detrimental to the health and safety of
other pupils, or who has been expelled from another school district in this state or any other state.
ADMINISTRATIVE CODE
School Violence/Safety Policies/Procedures Manual, Policy No. 506: Student Harassment
DISCIPLINARY ACTION
If the allegation of harassment is against a student and there is sufficient evidence to support the
allegation, disciplinary action, up to and including suspension or expulsion, may be taken against the
offender. In the event the investigation discloses that the complaining student has falsely accused
another individual of harassment knowingly or in a malicious manner, the complaining student may be
subject to disciplinary action, up to and including expulsion.
School Violence/Safety Policies/Procedures Manual, Policy No. 506.50: Prohibitions Against
Harassment Intimidation and Bullying
DISCIPLINARY ACTION
Students who engage in harassment, intimidation or bullying will be disciplined as determined to be
appropriate, up to and including suspension and/or expulsion.
School Violence/ Safety Policies/ Procedures Manual, Policy No. 541: Prohibition of Weapons
DISCIPLINARY ACTIONS
Any student found to be in violation of this policy will be subject to disciplinary action, including, but not
limited to, expulsion, suspension, or other appropriate penalties. The board may, at its discretion, expel a
student for the possession and/or use of a weapon, regardless of whether the item at issue falls within the
definition of weapon under the Gun-Free Schools Act. Disciplinary action will be taken after reviewing all
factors, including, but not limited to, the mandates of federal and state law; the students actions; the risk
of harm to the students, district personnel, and patrons; the students academic standing; the likelihood of
recurring violation; and the students prior conduct.
School Violence/Safety Policies/Procedures Manual, Policy No. 543: Student Suspension
The superintendent of this district or the principal of any school within this district may temporarily
suspend any student for the following reasons:
1. Disciplinary reasons, including student harassment, intimidation, or bullying, or for any other conduct
disruptive of good order or of the instructional effectiveness of the school.
Page 5
2. Failure of the parent/guardian to furnish, or to request of a previous administration, out-of-state

records for a student transferring into this district. The parent/guardian of a student transferring from
out-of-state to a school in this district is required, if requested, to furnish the district accurate copies of
the students school records, including records containing information concerning violent or disruptive
behavior, student harassment, intimidation, or bullying, or disciplinary action involving the student.
The temporary suspension by the principal will not exceed five (5) school days in length. The
superintendent may extend the temporary suspension an additional ten (10) school days. If the board
finds that immediate return to school attendance by the temporarily suspended student would be
detrimental to other students health, welfare, or safety, the board may extend the temporary suspension
for an additional five (5) school days.
Prior to suspending any student, the superintendent or principal will grant an informal hearing on the
reasons for the suspension and the opportunity to challenge those reasons. Any student who has been
suspended may be readmitted to the school by the superintendent or the principal who suspended him or
her upon such reasonable conditions as the superintendent or principal may prescribe. The board will be
notified of any temporary suspensions, the reasons therefore, and the response, if any, thereto.
Suspension of students with disabilities as defined by Public Law 94-142, and subsequent amendments,
and Section 504 of the 1973 Rehabilitation Act, will follow federal guidelines and the provisions of this
policy.
School Violence/Safety Policies/Procedures Manual, Policy No. 544: Student Expulsion/Denial of
Enrollment
The board may deny a student enrollment, or may deny a student attendance at any of its schools by
expulsion, for the following reasons:
1. The student is a habitual truant, is incorrigible, or whose conduct, in the judgment of the board, is
such as to be continually disruptive of school discipline or of the instructional effectiveness of the
school, or whose presence in a public school is detrimental to the health and safety of other students.
2. The student has been expelled from another school district in this state or any other state.
3. The parent/guardian fails to furnish, or to request of the out-of-state school from which the student is
transferring, school records for a student transferring into this district. The parent/guardian of a student
transferring from out-of-state to a school in this district is required, if requested, to furnish the district
accurate copies of the students school records, including records containing information concerning
violent or disruptive behavior or disciplinary action involving the student.
Any student having been denied enrollment or expelled may be enrolled or readmitted to school by the
board upon such reasonable conditions as may be prescribed by the board; but such enrollment or
readmission will not prevent the board from subsequently expelling such student for cause.
The board will expel from school for a period of not less than one (1) year, twelve (12) calendar months,
or may deny enrollment to, a student who has been found to have carried a weapon or firearm on school
property in this state or any other state, except that the board may modify the expulsion or denial of
enrollment order on a case-by-case basis. An authorized representative of the board will report such
student and incident to the appropriate law enforcement agency.
No student will be expelled or denied enrollment without first receiving the following due process rights:
1. The board, through the superintendent or his or her designee, will give written notice to the
parent/guardian of the student;
2. The notice will state the grounds for the proposed expulsion or denial of enrollment and the time and
place where such parent/guardian may appear to contest the action of the board to deny school
attendance;
Page 6
3. The notice will also state the right of the student to be represented by counsel, to produce witnesses,
and submit evidence on his or her own behalf, and to cross-examine any adult witnesses who may
appear against him or her.
4. Within a reasonable period of time following such notification, the board will grant the student and his
or her parent/guardian a full and fair hearing on the proposed expulsion or denial of enrollment.
5. The board will allow a reasonable period of time between such notification and the holding of such
hearing to allow the student and the parent/guardian to prepare their response to the charge.
6. Any student who is within the age of compulsory attendance, who is expelled or denied enrollment as
herein provided, will come under the purview of the Juvenile Corrections Act, and an authorized
representative of the board will provide, within five (5) days, written notice of the expulsion to the
prosecuting attorney of the county of the students residence in such form as the court may require
under the provisions of the Juvenile Corrections Act.

ADMINISTRATIVE CODE
Expulsion Mandated by Federal Law
The board of trustees shall expel a student when the students actions violate federal law, as set forth in
the Gun-Free Schools Act and Idaho law, regarding the prohibition of weapons: Gun-Free Schools Act.
A student is found by district personnel or by law enforcement personnel to have carried a dangerous
weapon as defined by 18 U. S. C. Section 921 on school property. The definition of weapon, for purposes
of expulsion under this provision, includes a firearm or destructive device which is designed to or may be
readily converted to expel a projectile by the action of an explosive or other propellant. Destructive
devices such as any explosive, incendiary, or poisonous gas, bomb, or grenade are also defined as
firearms. Specifically excluded from the definition of weapons pursuant to the Gun-Free Schools Act,
and therefore not subject to mandatory expulsion, are the following:
1. Antique firearms and rifles which the owner intends to use solely for sporting, recreational, or cultural
purposes;
2. Firearms that are lawfully stored inside a locked vehicle on school property; and
3. Weapons which are used in activities, approved and authorized by the superintendent or designee,
when appropriate safeguards are adopted to ensure student safety.
The expulsion, pursuant to the Gun-Free Schools Act, will be for a period of not less than one (1) year
(twelve (12) calendar months). The board may modify the expulsion order on a case-by-case basis,
taking into account the individual circumstances and the severity of the incident.
Enrollment
Page 7

ADMINISTRATIVE CODE
Enrollment
Suspension of students with disabilities as defined by Public Law 94-142, and subsequent amendments,
and Section 504 of the 1973 Rehabilitation Act, will follow federal guidelines and the provisions of this
policy.

STATUTES
Any pupil having been denied enrollment or expelled may be enrolled or readmitted to the school by the
board of trustees upon such reasonable conditions as may be prescribed by the board; but such
enrollment or readmission shall not prevent the board from again expelling such pupil for cause.
No pupil shall be expelled nor denied enrollment without the board of trustees having first given written
notice to the parent or guardian of the pupil, which notice shall state the grounds for the proposed
expulsion or denial of enrollment and the time and place where such parent or guardian may appear to
contest the action of the board to deny school attendance, and which notice shall also state the rights of
the pupil to be represented by counsel, to produce witnesses and submit evidence on his own behalf, and
to cross-examine any adult witnesses who may appear against him. Within a reasonable period of time
following such notification, the board of trustees shall grant the pupil and his parents or guardian a full
and fair hearing on the proposed expulsion or denial of enrollment. However, the board shall allow a
reasonable period of time between such notification and the holding of such hearing to allow the pupil and
his parents or guardian to prepare their response to the charge.
A temporary suspension by the principal shall not exceed five (5) school days in length; and the school
superintendent may extend the temporary suspension an additional ten (10) school days. Provided, that
on a finding by the board of trustees that immediate return to school attendance by the temporarily
suspended student would be detrimental to other pupils' health, welfare or safety, the board of trustees
may extend the temporary suspension for an additional five (5) school days. Prior to suspending any
student, the superintendent or principal shall grant an informal hearing on the reasons for the suspension
and the opportunity to challenge those reasons. Any pupil who has been suspended may be readmitted
to the school by the superintendent or principal who suspended him upon such reasonable conditions as
said superintendent or principal may prescribe. The board of trustees shall be notified of any temporary
suspensions, the reasons therefor, and the response, if any, thereto.
See School Violence/ Safety Policies/ Procedures Manual (2006) for additional information, including
procedures related to Disciplining Students with Disabilities (Policy Nos. 545 and 546).
Page 8

STATUTES
Any pupil who has been suspended may be readmitted to the school by the superintendent or principal
who suspended him upon such reasonable conditions as said superintendent or principal may prescribe.

STATUTES
5) Penalties. Persons who are found guilty of violating the provisions of this section may be sentenced to
a jail term of not more than one (1) year or fined an amount not in excess of one thousand dollars
($1,000) or both. If a violator is a student and under the age of eighteen (18) years, the court may place
the violator on probation and suspend the juvenile detention or fine or both as long as the violator is
enrolled in a program of study recognized by the court that, upon successful completion, will grant the
violator a general equivalency diploma (GED) or a high school diploma or other educational program
authorized by the court. Upon successful completion of the terms imposed by the court, the court shall
discharge the offender from serving the remainder of the sentence. If the violator does not complete, is
suspended from, or otherwise withdraws from the program of study imposed by the court, the court, upon
receiving such information, shall order the violator to commence serving the sentence provided for in this
section.
33-2009. Education of children housed in juvenile detention facilities.
Every public school district in this state within which is located a detention facility housing juvenile
offenders pursuant to court order shall provide, subject to rules of the state board of education, instruction
in accredited courses, by a certified instructor, for the juvenile offenders under twenty-one (21) years of
age who are housed in the detention facility for juvenile offenders, and shall upon satisfactory completion
of required public school courses or correspondence course from a state institution of higher learning in
Idaho, issue credits or a diploma evidencing such achievement. Every student served by a public school
district pursuant to this section shall be counted as an exceptional child by the district for purposes of
state reimbursement.
ADMINISTRATIVE CODE
IDAPA Rule 08.02.03.110. Alternative Secondary Programs (Section 33-1002; 33-1002C; 33-1002F,
IDAHO CODE).
Alternative secondary programs are those that provide special instructional courses and offer special
services to eligible at-risk youth to enable them to earn a high school diploma. Some designated
differences must be established between the alternative school programs and the regular secondary
school programs. Alternative secondary school programs will include course offerings, teacher/pupil ratios
and evidence of teaching strategies that are clearly designed to serve at-risk youth as defined in this
section. Alternative high school programs conducted during the regular school year will be located on a
Page 9
separate site from the regular high school facility or be scheduled at a time different from the regular
school hours.
01. Student Qualifications. An at-risk youth is any secondary student grade seven through twelve (7-12)
who meets any three (3) of the following criteria, Subsections 110.01.a. through 110.01.f., or any one (1)
of criteria in Subsections 110.01.g. through 110.01.m. (3-30-07)
a. Has repeated at least one (1) grade. (4-1-97)
b. Has absenteeism that is greater than ten percent (10%) during the preceding semester. (4-1-97)
c. Has an overall grade point average that is less than 1.5 (4.0 scale) prior to enrolling in an alternative
secondary program. (4-1-97)
d. Has failed one (1) or more academic subjects. (4-1-97)
e. Is two (2) or more semester credits per year behind the rate required to graduate. (4-1-97)
f. Is a limited English proficient student who has not been in a program more than three (3) years. (3-3007)
g. Has substance abuse behavior. (4-1-97)
h. Is pregnant or a parent. (4-1-97)
i. Is an emancipated youth. (4-1-97)
j. Is a previous dropout. (4-1-97)
k. Has serious personal, emotional, or medical problems. (4-1-97)
l. Is a court or agency referral. (4-1-97)
m. Upon recommendation of the school district as determined by locally developed criteria for disruptive
student behavior. (4-1-97)
02. Instruction. Special instruction courses for at-risk youth enrolled in an alternative secondary program
will include: (4-1-97) a. Academic skills that include language arts and communication, mathematics,
science, and social studies that meet or exceed minimum state standards. (4-1-97)
Page 10

Conditions
STATUTES
(1) (a) It shall be unlawful and is a misdemeanor for any person to possess a firearm or other deadly or
dangerous weapon while on the property of a school or in those portions of any building, stadium or
other structure on school grounds which, at the time of the violation, were being used for an activity
sponsored by or through a school in this state or while riding school provided transportation.
(b) The provisions of this section regarding the possession of a firearm or other deadly or dangerous
weapon on school property shall also apply to students of schools while attending or participating in any
school sponsored activity, program or event regardless of location.
(2) Definitions. As used in this section:
(a) "Deadly or dangerous weapon" means any weapon as defined in 18 U.S.C. section 930;
(b) "Firearm" means any firearm as defined in 18 U.S.C. section 921;
(c) "Minor" means a person under the age of eighteen (18) years;
(d) "Possess" means to bring an object, or to cause it to be brought, onto the property of a public or
private elementary or secondary school, or onto a vehicle being used for school provided
transportation, or to exercise dominion and control over an object located anywhere on such property or
vehicle. For purposes of subsection (1)(b) of this section, "possess" shall also mean to bring an object
onto the site of a school sponsored activity, program or event, regardless of location, or to exercise
dominion and control over an object located anywhere on such a site;
(e) "School" means a private or public elementary or secondary school.
(4) The provisions of this section shall not apply to the following persons:
(a) A peace officer;
(b) A person who lawfully possesses a firearm or deadly or dangerous weapon as an appropriate part of
a program, an event, activity or other circumstance approved by the board of trustees or governing
board;
(c) A person or persons complying with the provisions of section 19-202A, Idaho Code;
(d) Any adult over eighteen (18) years of age and not enrolled in a public or private elementary or
secondary school who has lawful possession of a firearm or other deadly or dangerous weapon,
secured and locked in his vehicle in an unobtrusive, nonthreatening manner;
(e) A person who lawfully possesses a firearm or other deadly or dangerous weapon in a private vehicle
while delivering minor children, students or school employees to and from school or a school activity;
(f) Notwithstanding the provisions of section 18-3302C, Idaho Code, a person or an employee of the
school or school district who is authorized to carry a firearm with the permission of the board of trustees
of the school district or the governing board.
(5) Penalties. Persons who are found guilty of violating the provisions of this section may be sentenced to
a jail term of not more than one (1) year or fined an amount not in excess of one thousand dollars
($1,000) or both. If a violator is a student and under the age of eighteen (18) years, the court may place
Page 11
the violator on probation and suspend the juvenile detention or fine or both as long as the violator is
enrolled in a program of study recognized by the court that, upon successful completion, will grant the
violator a general equivalency diploma (GED) or a high school diploma or other educational program
authorized by the court. Upon successful completion of the terms imposed by the court, the court shall
discharge the offender from serving the remainder of the sentence. If the violator does not complete, is
suspended from, or otherwise withdraws from the program of study imposed by the court, the court, upon
receiving such information, shall order the violator to commence serving the sentence provided for in this
section.
Provided however, the board shall expel from school for a period of not less than one (1) year, twelve (12)
calendar months, or may deny enrollment to, a student who has been found to have carried a weapon or
firearm on school property in this state or any other state, except that the board may modify the expulsion
or denial of enrollment order on a case-by-case basis.
Other weapons
STATUTES
18-3302I. Threatening violence on school grounds.
(1) (a) Any person, including a student, who willfully threatens on school grounds by word or act to use a
firearm or other deadly or dangerous weapon to do violence to any other person on school grounds is
guilty of a misdemeanor.
(b) The threats prohibited by this section encompass only those statements or acts where the speaker
or actor intends to communicate a serious expression of an intent to commit an act of unlawful violence
to a particular individual or group of individuals. The prosecution is not required to prove that the
defendant actually intended to carry out the threat.
(2) Definitions. As used in this section:
(a) "Deadly or dangerous weapon" means a weapon, device, instrument, material or substance that is
used for, or is readily capable of, causing death or serious bodily injury;
(b) "Firearm" means any weapon, whether loaded or unloaded, from which a shot, projectile or other
object may be discharged by force of combustion, explosive, gas and/or mechanical means, regardless
of whether such weapon is operable;
(c) "On school grounds" means in, or on the property of, a public or private elementary or secondary
school.
ADMINISTRATIVE CODE
Idaho Code 18-3302I does not specify that the school district has any obligation relative to threats of
violence on school grounds. However, from the standpoint of ensuring student and staff safety, any
threats which are reasonably believed to meet the definition set forth in Idaho Code 18-3302I should be
reported immediately to law enforcement. (p.11)
This district is committed to providing a safe environment for all students and staff when they are at
school, on a school bus, or at any school-sponsored activity. The districts commitment includes the
Page 12
prohibition against any weapons or other objects/substances which may pose a threat to the health and
safety of other students, staff members, or visitors, or could be used to disrupt the educational process.
PROHIBITIONS
Students attending district schools are prohibited from:
1. Possessing or carrying objects/substances which are manufactured, used, or intended for use as a
weapon, or facsimiles thereof, at school, on a school bus, or at any school sponsored activity without
prior permission of school officials.
2. Possessing, carrying, using, and/or threatening to use, any normally non-dangerous object or
substance with the intent or result of causing harm to another individual at school, on a school bus, or
at any school-sponsored activity.
3. Knowingly assisting another student(s) to possess, carry, or use a weapon at school, on a school
bus, or at any school-sponsored activity.
DEFINITIONS
Possess is defined as bringing an object, or causing it to be brought, onto the property of a school, or
onto a vehicle being used for school-provided transportation, or exercising dominion and control over an
object located anywhere on such property or vehicle. A student will be determined to possess a weapon
when the item is found to be in any of the following locations:
1. On a students person;
2. In the students personal property, including, but not limited to, the students clothing, backpack,
purse, or any other item the student transports or carries and/or causes to be transported or carried to
school;
3. A vehicle parked in the school parking lot which the student drives and/or is transported in; 4. The
students locker; or
5. Any other school-related or school-sponsored event, regardless of location.
Deadly or dangerous weapon means a weapon, device, instrument, material, or substance, animate or
inanimate, that is used for, or is readily capable of, causing death or serious bodily injury, except that
such term does not include a pocket knife with a blade of less than 2 inches in length as defined in 18
U.S.C. Section 930. Weapon additionally includes a knife with a blade of any length.
Firearm shall mean any weapon (including a starter gun) which will or is designed to or may readily be
converted to expel a projectile by the action of an explosive; the frame receiver of any such weapon; any
firearm muffle or firearm silencer; any destructive device, including any explosive, incendiary or poisonous
gas, bomb, grenade, or rocket, missile, mine, or similar device, as defined in 18 U.S.C. Section 921, and
air rifles or other weapons that propel a projectile with air, or pellet guns, or paint ball guns. Antique
firearms are specifically excluded.
DENIAL OF ENROLLMENT
This district will not admit a student who has been expelled from another school district for violation of a
statute, regulation, or policy which prohibits weapons until the student is eligible to return to his or her
home school district. If a student wishes to challenge that decision, he or she is entitled to a due process
hearing pursuant to Idaho Code Section 33-205.
Page 13

STATUTES
any pupil... who is incorrigible, or whose conduct, in the judgment of the board, is such as to be
continuously disruptive of school discipline, or of the instructional effectiveness of the school, or whose
presence in a public school is detrimental to the health and safety of other pupils...

STATUTES
33-201. School age.
The services of the public schools of this state are extended to any acceptable person of school age.
"School age" is defined as including all persons resident of the state, between the ages of five (5) and
twenty-one (21) years. For the purposes of this section, the age of five (5) years shall be attained when
the fifth anniversary of birth occurs on or before the first day of September of the school year in which the
child is to enroll in kindergarten. For a child enrolling in the first grade, the age of six (6) years must be
reached on or before the first day of September of the school year in which the child is to enroll. Any child
of the age of five (5) years who has completed a private or public out-of-state kindergarten for the
required four hundred fifty (450) hours but has not reached the "school age" requirement in Idaho shall be
allowed to enter the first grade.
For resident children with disabilities who qualify for special education and related services under the
federal individuals with disabilities education act (IDEA) and subsequent amendments thereto, and
applicable state and federal regulations, "school age" shall begin at the attainment of age three (3) and
shall continue through the semester of school in which the student attains the age of twenty-one (21)
years.
any pupil who is an habitual truant...
33-206. Habitual truant defined.
(1) An habitual truant is:
(a) Any public school pupil who, in the judgment of the board of trustees, or the board's designee,
repeatedly has violated the attendance regulations established by the board; or
(b) Any child whose parents or guardians, or any of them, have failed or refused to cause such child to
be instructed as provided in section 33-202, Idaho Code.
(2) A child who is an habitual truant shall come under the purview of the juvenile corrections act if he or
she was within the age of compulsory attendance at the time of the violations.
Page 14
Substance use
STATUTES
33-210. Students using or under the influence of alcohol or controlled substances.
(2) In addition to policies adopted pursuant to this section, students may, at the discretion of the district
board of trustees or governing board of a charter school, be subject to other disciplinary or safety policies,
regardless whether the student voluntarily discloses or is reasonably suspected of using or being under
the influence of alcohol or a controlled substance in violation of district or charter school policy or section
37-2732C, Idaho Code.
(5) For the purposes of this section, the following definitions shall apply:
(a) "Reasonable suspicion" means an act of judgment by a school employee or independent contractor
of an educational institution which leads to a reasonable and prudent belief that a student is in violation
of school board or charter school governing board policy regarding alcohol or controlled substance use,
or the "use" or "under the influence" provisions of section 37-2732C, Idaho Code. Said judgment shall
be based on training in recognizing the signs and symptoms of alcohol and controlled substance use.
(b) "Intentionally harass" means a knowing and willful course of conduct directed at a specific student
which seriously alarms, annoys, threatens or intimidates the student and which serves no legitimate
purpose. The course of conduct must be such as would cause a reasonable person to suffer substantial
emotional distress.
(c) "Course of conduct" means a pattern or series of acts over a period of time, however short,
evidencing a continuity of purpose. Constitutionally and statutorily protected activity is not included
within the meaning of "course of conduct."
See also Scope and Parental notification for policy guidance relating to Students using or under the
influence of alcohol or controlled substances.

STATUTES
18-917A. Student harassment -- Intimidation -- Bullying.
(1) No student shall intentionally commit, or conspire to commit, an act of harassment, intimidation or
bullying against another student.
(2) As used in this section, "harassment, intimidation or bullying" means any intentional gesture, or any
intentional written, verbal or physical act or threat by a student that:
(a) A reasonable person under the circumstances should know will have the effect of:
(i) Harming a student; or
(ii) Damaging a student's property; or
(iii) Placing a student in reasonable fear of harm to his or her person; or
(iv) Placing a student in reasonable fear of damage to his or her property; or
(b) Is sufficiently severe, persistent or pervasive that it creates an intimidating, threatening or abusive
educational environment for a student. An act of harassment, intimidation or bullying may also be
committed through the use of a land line, car phone or wireless telephone or through the use of data or
computer software that is accessed through a computer, computer system, or computer network.
(3) A student who personally violates any provision of this section may be guilty of an infraction.
Page 15

ADMINISTRATIVE CODE
It is the policy of this district to maintain a learning environment that is free from harassment. Each
student has the right to attend school in an atmosphere that promotes equal opportunities and that is free
from all forms of discrimination and conduct that can be considered harassing, coercive, or disruptive.
Students attending district schools are:
1. Prohibited from engaging in any conduct which could reasonably be construed as constituting
harassment on the basis of sex (including sexual orientation), race, color, national origin, age, religious
beliefs, ethnic background, or disability;
2. Prohibited from sexually harassing other students; and
3. Required to report to the school principal or designee, harassment of which the student becomes
aware. This policy applies to all conduct on the districts premises and at school-sponsored events,
conduct during transportation to and from school and school-sponsored events, and to conduct off the
districts premises that has an adverse affect upon a students educational environment.
DEFINITION OF HARASSMENT
Harassment is defined to include verbal, written, graphic, or physical conduct relating to an individuals
sex or sexual orientation, race, color, national origin, age, religious beliefs, ethnic background, or
disability that is sufficiently severe, pervasive, or persistent so as to interfere with or limit the ability of an
individual to participate in or benefit from the districts programs that:
1. Has the purpose or effect of creating an intimidating or hostile environment.
2. Unreasonably interferes with an individuals educational performance.
3. Otherwise adversely affects an individuals educational opportunities.
Harassment includes, but is not limited to:
1. Physical acts of aggression or assault, damage to property, or intimidation and implied or overt
threats of violence motivated by the victims sex or sexual orientation, race, color, national origin, age,
religious beliefs, ethnic background, or disability;
2. Demeaning jokes, taunting, slurs, and derogatory nicknames, innuendos, or other negative remarks
relating to the victims sex or sexual orientation, race, color, national origin, age, religious beliefs, ethnic
background, or disability;
3. Graffiti and/or slogans or visual displays such as cartoons or posters depicting slurs or derogatory
sentiments related to the victims sex or sexual orientation, race, color, national origin, age, religious
beliefs, ethnic background, or disability; and
4. Criminal offenses directed at persons because of their sex or sexual orientation, race, color, national
origin, age, religious beliefs, ethnic background, or disability;
Page 16
Harassment also includes an act of retaliation taken against (1) any person bringing a complaint of
harassment, (2) any person assisting another person in bringing a complaint of harassment, or (3) Any
person participating in an investigation of an act of harassment.
DEFINITION OF SEXUAL HARASSMENT
Sexual harassment is a form of misconduct that undermines the students relationship with educators and
with other students. No student, male or female, should be subject to unasked for and unwelcome sexual
overtures or conduct, either verbal or physical. Sexual harassment refers to sexual overtures or conduct,
including those that relate to the students sexual orientation, that is unwelcome, personally offensive, and
affecting morale, thereby interfering with a students ability to study or participate in school activities.
Sexual harassment is a form of misconduct that includes unwelcome sexual advances, requests for
sexual favors, sexually motivated physical conductor other verbal or physical conduct of a sexual nature
when:
1. Submission to such conduct is made either explicitly or implicitly a term or condition of an individuals
participation in the educational process;
2. Submission to or rejection of such conduct by an individual is used as a factor for educational
decisions affecting the individual; or
3. Such conduct has the purpose or effect of unreasonably interfering with an individuals education, or
creating an intimidating, hostile, or offensive educational environment. Examples of sexual harassment
include, but are not limited to, the following:
1. Unwelcome verbal statements of a sexual or abusive nature, including requests or demands for
sexual activity, sexual jokes, and obscene comments, etc.;
2. Unwelcome, sexually motivated or inappropriate touching, pinching, or other physical contact;
3. Unwelcome sexual behavior or communications, accompanied by implied or overt threats
concerning an individuals education;
4. Unwelcome behavior or communications directed at an individual because of his/her gender; and
5. Stalking or unwelcome, sexually motivated attention.
PROTECTION AGAINST RETALIATION
No retaliation will be taken by this district or by any of its employees or students against a student who
reports harassment in good faith. Any person found to have retaliated against another individual for
reporting an incident of harassment may be subject to the same disciplinary action provided for
harassment offenders. Those persons who assist or participate in an investigation of harassment are also
protected from retaliation under this policy.
CONFIDENTIALITY
Any investigation will be conducted, to the maximum extent possible, in a manner that protects the
privacy of both the complainant and the accused. However, if it is suspected that child abuse has
occurred, such abuse will be reported to the proper authorities as required by state law.
It is the policy of this district to maintain a safe school environment for all students while attending school,
riding the school bus, and attending district sponsored activities on school premises or other locations.
Harassment, intimidation, and/or bullying regardless of the specific nature of the students behavior, is
disruptive to a safe school environment and will not be tolerated. This district shall observe the week of
September 10 through September 16, 2006, as Bullying Awareness Week.
DEFINITION
Page 17
Harassment, intimidation and/or bullying is defined as misconduct by a student(s), which is characterized

by the aggressor(s) repeatedly engaging in negative actions against another student(s) in an attempt to
exercise control over the victim. Harassment, intimidation, and/or bullying is generally characterized by
aggressive or intentionally harmful behavior which is carried out repeatedly over time.
PROHIBITED BEHAVIOR
Students attending district schools are prohibited from engaging in the following behaviors:
1. Physical abuse against a student, including, but not limited to hitting, pushing, tripping, kicking,
blocking or restraining anothers movement; sexual misconduct; causing damage to anothers clothing
or possessions; and taking anothers belongings.
2. Verbal abuse against a student, including, but not limited to, name calling, threatening, sexual
misconduct, taunting, and malicious teasing.
3. Psychological abuse against a student, including, but not limited to , spreading harmful or
inappropriate rumors regarding another, drawing inappropriate pictures or wiring inappropriate
statements regarding another, and intentionally excluding another from groups, or similar activities.
4. Harassment, intimidation, and/or bullying, including any intentional gesture or any intentional written,
verbal, or physical acts or threats, against another student that:
a. A reasonable person under the circumstances should know will have the effect of:
(1) Harming a student; or
(2) Damaging a students property; or
(3) Placing a student in reasonable fear of harm to his or her person; or
(4) Placing a student in reasonable fear of damage to his or her property; or
b. Is sufficiently severe, persistent, or pervasive that it creates an intimidating, threatening, or abusive
educational environment for a student.
This prohibition extends not only to actions taking place on school grounds but also action originating at a
remote location and carried out via any technology, including, but not limited to, the use of a landline, care
phone, or wireless telephone, or through the use of data or computer software that is accessed through a
computer, computer system, or computer network.
INVESTIGATION
The school administrator or designees will investigate any allegations of misconduct that are reasonably
characterized as harassment, intimidation or bullying. At the discretion of the school principal and/or
superintendent, the alleged perpetrators(s) may be suspended pending the outcome of the investigation.
DISCIPLINARY ACTION
Students who engage in harassment, intimidation or bullying will be disciplined as determined to be
appropriate, up to and including suspension and/or expulsion.

STATUTES
20-509. Violent offenses, controlled substances violations near schools and offenders.
(1) Any juvenile, age fourteen (14) years to age eighteen (18) years, who is alleged to have committed
any of the following crimes or any person under age fourteen (14) years who is alleged to have committed
any of the following crimes and, pursuant to section 20-508, Idaho Code, has been ordered by the court
to be held for adult criminal proceedings:
(a) Murder of any degree or attempted murder;
Page 18
(b) Robbery;
(c) Rape as defined in section 18-6101, Idaho Code;
(d) Male rape as defined in section 18-6108, Idaho Code;
(e) Forcible sexual penetration by the use of a foreign object;
(f) Infamous crimes against nature, committed by force or violence;
(g) Mayhem;
(h) Assault or battery with the intent to commit any of the above serious felonies;
(i) A violation of the provisions of section 37-2732(a)(1)(A), (B) or (C), Idaho Code, when the violation
occurred on or within one thousand (1,000) feet of the property of any public or private primary or
secondary school, or in those portions of any building, park, stadium or other structure or grounds
which were, at the time of the violation, being used for an activity sponsored by or through such a
school;
(j) Arson in the first degree and aggravated arson; shall be charged, arrested and proceeded against by
complaint, indictment or information as an adult. All other felonies or misdemeanors charged in the
complaint, indictment or information, which are based on the same act or transaction or on one (1) or
more acts or transactions as the violent or controlled substances offense shall similarly be charged,
arrested and proceeded against as an adult. Any juvenile proceeded against pursuant to this section
shall be accorded all constitutional rights, including bail and trial by jury, and procedural safeguards as
if that juvenile were an adult defendant.
Page 19

Prevention

Page 20

ADMINISTRATIVE CODE
School Violence/ Safety Policies/ Procedures Manual (2006)
If it is determined that a students actions fall within the definition of harassment, intimidation or
bullying, pursuant to Idaho Code 18-917A, a referral should be made to law enforcement, and the
appropriate discipline, based on the actions, must be determined. (p.4)
REPORTING PROCEDURES
1. Any student, and/or parents of a student, who believe the student is being harassed should
immediately report the situation to school personnel.
2. Any district employee who receives a report of harassment from a student, becomes aware that a
student is being subjected to harassment, or in good faith believes that a student is being subjected to
harassment, is required to report the matter to the building principal immediately. In the event the
complaint involves the principal, the matter must be immediately reported to the superintendent.
3. Any district employee who witnesses harassment of a student should take immediate, appropriate
action to intervene to stop the harassment.
4. Any student who becomes aware that a fellow student is being subjected to harassment should
immediately report the incident to a counselor, teacher, or the principal.
INVESTIGATION AND REPORT
[Option Athe board must choose either Option A or Option B.]
When a report of harassment is received by the principal or the superintendent, immediate steps will be
taken to follow the policy entitled Civil Rights Grievance Procedure, Policy No. (294).
[Option Bthe board must choose either Option A or Option B.]
When a report of harassment is received by the principal or the superintendent, immediate steps will be
taken to do the following:
1. Obtain a written statement from the complainant regarding the allegations;
2. Obtain a written statement from the accused;
3. Obtain written statements from witnesses, if any; and
4. Prepare a written report detailing the investigation.
An investigator may be appointed to conduct the investigation or the principal or superintendent may
conduct the investigation. The investigation should be completed within ten (10) workdays.
INVESTIGATION
The superintendent or designee will immediately investigate any allegation that a student is in violation of
this policy. If determined necessary by the superintendent or designee, law enforcement may be
requested to conduct the investigation. Any item identified as a weapon may be confiscated by the
superintendent or designee. Students reasonably believed to be in possession of these items may be
suspended from school until a thorough investigation is completed.
Page 21
STATUTES
(1) It is legislative intent that parental involvement in all aspects of a child's education in the public school
system remain a priorityNotification of the disclosure and availability of counseling for students shall be
provided to parents, the legal guardian or child's custodian. However, once a student is reasonably
suspected of using or being under the influence of alcohol or a controlled substance in violation of section
37-2732C, Idaho Code, regardless of any previous voluntary disclosure, the school administrator or
designee shall contact the student's parent, legal guardian or custodian, and report the incident to law
enforcement. The fact that a student has previously disclosed use of alcohol or a controlled substance
shall not be deemed a factor in determining reasonable suspicion at a later date.
(3) The district board of trustees or the governing board of the charter school shall ensure that procedures
are developed for contacting law enforcement and the student's parents, legal guardian or custodian
regarding a student reasonably suspected of using or being under the influence of alcohol or a controlled
substance. District and charter school policies formulated to meet the provisions of section 37-2732C,
Idaho Code, and this section shall be made available to each student, parent, guardian or custodian by
August 31, 2002, and thereafter as provided by section 33-512(6), Idaho Code.
ADMINISTRATIVE CODE
Enrollment
No student will be expelled or denied enrollment without first receiving the following due process rights:
1. The board, through the superintendent or his or her designee, will give written notice to the
parent/guardian of the student;

STATUTES
Any pupil who is within the age of compulsory attendance, who is expelled or denied enrollment as herein
provided, shall come under the purview of the juvenile corrections act, and an authorized representative
of the board shall, within five (5) days, give written notice of the pupil's expulsion to the prosecuting
attorney of the county of the pupil's residence.
(1) It is legislative intent that parental involvement in all aspects of a child's education in the public school
system remain a priority Notification of the disclosure and availability of counseling for students shall be
provided to parents, the legal guardian or child's custodian. However, once a student is reasonably
suspected of using or being under the influence of alcohol or a controlled substance in violation of section
37-2732C, Idaho Code, regardless of any previous voluntary disclosure, the school administrator or
designee shall contact the student's parent, legal guardian or custodian, and report the incident to law
enforcement. The fact that a student has previously disclosed use of alcohol or a controlled substance
shall not be deemed a factor in determining reasonable suspicion at a later date.
Page 22
(3) The district board of trustees or the governing board of the charter school shall ensure that procedures
are developed for contacting law enforcement and the student's parents, legal guardian or custodian
regarding a student reasonably suspected of using or being under the influence of alcohol or a controlled
substance. District and charter school policies formulated to meet the provisions of section 37-2732C,
Idaho Code, and this section shall be made available to each student, parent, guardian or custodian by
August 31, 2002, and thereafter as provided by section 33-512(6), Idaho Code.
ADMINISTRATIVE CODE
"Idaho Code 18-917A is a criminal statute and does not specify any obligation on the part of the school
district. However, given the school districts general obligation to provide a safe environment for all
students, the school district should immediately report to law enforcement all incidents which are
reasonably determined to meet the criteria of Idaho Code 18-917A." (p. 5)
DISCIPLINARY ACTION
If the allegation of harassment is against a student and there is sufficient evidence to support the
allegation, disciplinary action, up to and including suspension or expulsion, may be taken against the
offender. In the event the harassment involves violent or other conduct which could be reasonably
considered to be criminal in nature, the principal/superintendent will refer the matter to the local law
enforcement agency.
REPORT TO LAW ENFORCEMENT
The school administrator will refer allegations of bullying to law enforcement if he/she reasonably believes
that the student has engaged in conduct, including harassment, intimidation, and/or bullying, in violation
of Idaho Code Section 18-917A.
REFERRAL TO LAW ENFORCEMENT
The district will refer any student who brings onto school property a weapon or firearm, as defined under
the Gun-Free Schools Act or Idaho law, to law enforcement.
The board may, at its discretion, refer other students who violate this policy to law enforcement.
Enrollment
RECORD OF ALLEGATIONS
This district will keep and maintain a written record, including, but not limited to, witness statements,
investigative reports, and correspondence, from the date any allegation of harassment is reported to
district personnel. The information in the written record will also include the action taken by the district in
Page 23
response to each allegation. The written record will be kept in the districts administrative offices and will
not, at any time, be purged by district personnel.


Page 24


Page 25

See State-Sponsored, Publicly Available Websites or Other Resources on School Discipline.
Page 26
Other/Uncategorized
STATUTES
(4) Any school district employee or independent contractor of an educational institution who has a
reasonable suspicion that a student is using or is under the influence of alcohol or a controlled substance
and, acting upon that suspicion, reports that suspicion to a school administrator or initiates procedures
adopted by the board of trustees or governing board of the charter school pursuant to this section, shall
have immunity from any liability, civil or criminal, that might otherwise be incurred or imposed. Any such
participant shall have the same immunity with respect to participation in any judicial proceeding resulting
from such report. Any person who reports in bad faith or with malice shall not be protected by this section.
Employees and independent contractors of educational institutions who intentionally harass a student
through the misuse of the authority provided in this section shall not be immune from civil liability arising
from the wrongful exercise of that authority and shall be guilty of a misdemeanor punishable by a fine not
to exceed three hundred dollars ($300).
33-1225. Threats of violence -- Limitation on liability.
(1) A communication by any person to a school principal, or designee, or a communication by a student
attending the school to the student's teacher, school counselor or school nurse, and any report of that
communication to the school principal stating that a specific person has made a threat to commit violence
on school grounds by use of a firearm, explosive, or deadly weapon defined in chapter 33, title 18, Idaho
Code, is a communication on a matter of public concern. Such communication or report shall only be
subject to liability in defamation by clear and convincing evidence that the communication or report was
made with knowledge of its falsity or with reckless disregard for the truth or falsity of the communication or
report. This section shall not be interpreted to change or eliminate other elements of defamation required
by law.
(2) As used in this section, "school" means any public or private school providing instruction in
kindergarten or any grades from grade one (1) through grade twelve (12) which is the subject of a threat.

Other/Uncategorized
Page 27

School Discipline
resources provided by Idaho provide additional context to state policy and regulations and, in some
Title
Description
Idaho Safe &

Drug Free Data
& Resource
Directory
Webpage listing safe and drug free school

resources, including the documents noted
below.
http://www.sde.idaho.gov/sdfs/freel
ibrary.asp
Safe and
Secure Schools
Provides current information and resources

about the safety and security of schools
including the Idaho emergency operation
planning guide for safe and secure schools.
http://www.sde.idaho.gov/site/safe
_secure/
Provides basic procedural issues, sample

policies and procedures, and scenarios with
questions and responses.
_drugfree/docs/TrainingManualCurrent-Legal-Issues1013008.pdf
Website
Documents
Current Legal
Issues in
Student Safety
Training
Manual (2008)
Primary audience: local school boards,

superintendents, building administrators, and
school board attorneys in the development and
implementation of sound policy.
Secondary audience: teachers, school resource
officers and parents.
Section 1: Search and Seizure
Section 2: Harassment, Intimidation and
Bullying
Section 3: Drug Testing
Section 4: Electronic Records
Section 5: Scenarios
Section 6: Policies/Procedures
Section 7: Idaho Statutes
Page 28
Title
Description
School
Violence/
Safety Policies/
Procedures
Manual (2006)
Provides an overview of the statutory language

and obligations relating to Code 18-917A
(harassment, intimidation, and bullying); Code
18-3302I pertaining to use of firearms and
other deadly weapons; Code 33-512 requiring
school districts to adopt policies regarding
discipline of students who engage in acts of
harassment, intimidation and bullying; and Code
33-205 regarding suspension for engaging in
acts of harassment, intimidation or bullying.
http://www.sde.idaho.gov/sdfs/doc
s/Publications/manual.pdf
Idaho School
Search
Resource
Guide (Aug
2002)
Provides definitions and legal principles relative

to school searches; sample local school board
policies and procedures; U.S. and Idaho
Constitutional provisions governing school
searches as well as Idaho statutes; guidelines
for student searches and Fourth Amendment
Protection; and a list of publications and other
resources.
http://www.sde.idaho.gov/sdfs/doc
s/Publications/IDSearchGuideFinal
nu.pdf
Harassment on
School
Campuses
Manual
Table of Contents
_drugfree/docs/HarrassmentFall20
01.pdf
Website
A. Bullying Characteristics
B. Bullying Forms
C. Profile of a Bully
D. Profile of a Victim
E. Bullying Statistics
F. Location of Bullying
G. Bullying by Boys
H. Bullying by Girls
I. Bullying Studies
J. Sample Legislation
Other
Resources
No relevant
resources
found
Page 29
Illinois
Discipline Laws and
Regulations
Introduction
document.
Notes & Disclaimers

Prepared by:
Child Trends
Suite 1200W
Suite 110
Table of Contents
Illinois State Codes Cited ........................................................................................................................... 1
Scope ........................................................................................................................................................ 4
In school suspension ................................................................................................................................. 9
Other weapons ........................................................................................................................................ 17
Substance use......................................................................................................................................... 19
Prevention ............................................................................................................................................... 22
Illinois State Codes Cited

Illinois Revised Statutes
Illinois Compiled Statutes (ILCS)
Chapter 105. Schools Subsection 5 School Code
Article 2. State Board of Education - Powers and Duties
2-3.13a.
School records; transferring students
Article 10. School Boards

10/2.
10-20.14.
10-21.7.
10-22.6.
10-22.10a.
10-27.1A.
10-27.1B.
Definitions
Student discipline policies; Parent-teacher advisory committee
Attacks on school personnel
Suspension or expulsion of pupils; school searches
Inspection for drugs
Firearms in schools
Reporting drug-related incidents in schools
Article 13A. Alternative public schools

13A-1.
13A-4.
13B-20.5.
Legislative declaration (a.k.a. the Safe Schools Law)

Administrative transfers
Eligible activities and services
Article 22. General Provisions--Penalties--Liabilities

22-12.
Preventing or interfering with a child's attendance at school
Article 24. Employment of Teachers--Tenure--Duties of Teachers

24-24.
Maintenance of discipline
Article 26. Pupils--Compulsory Attendance

26-2a.
26-5.
26-12.
26-13.
[Terms defined]
Duties of truant officers
Punitive action
Absenteeism and truancy policies
Article 27. Courses of Study--Special Instruction

27-13.3.
27-23.4.
27-23.7.
27-23.10.
Internet safety education curriculum.

Violence prevention and conflict resolution education
Bullying prevention.
Gang resistance education and training
Illinois Compilation of School Discipline Laws and Regulations
Page 1
Illinois Administrative Code

Title 23. Education and Cultural Resources
1. Public Schools Evaluation, Recognition and Supervision
1.280.
1.285.
Discipline
Requirements for the use of isolated time out and physical restraint
205. Truants Alternative and Optional Education Programs

205.20.
205.30.
205.35.
205.40.
205.50.
205.60.
205.70.
Purpose
Eligible applicants
Required program components
Application procedure and content
Proposal review and approval
Allocation of funds
Terms of the grant
Page 2
General Provisions
STATUTES
105 ILCS 5/10-20.14. Student discipline policies; Parent-teacher advisory committee.
(a) To establish and maintain a parent-teacher advisory committee to develop with the school board
policy guidelines on pupil discipline, including school searches, to furnish a copy of the policy to the
parents or guardian of each pupil within 15 days after the beginning of the school year, or within 15 days
after starting classes for a pupil who transfers into the district during the school year, and to require that
each school informs its pupils of the contents of its policy. School boards, along with the parent-teacher
advisory committee, are encouraged to annually review their pupil discipline policies, the implementation
of those policies, and any other factors related to the safety of their schools, pupils, and staff.
105 ILCS 5/24-24. Maintenance of discipline.
Subject to the limitations of all policies established or adopted under Section 14-8.05 [105 ILCS 5/148.05], teachers, other certificated educational employees, and any other person, whether or not a
certificated employee, providing a related service for or with respect to a student shall maintain discipline
in the schools, including school grounds which are owned or leased by the board and used for school
purposes and activities. In all matters relating to the discipline in and conduct of the schools and the
school children, they stand in the relation of parents and guardians to the pupils. This relationship shall
extend to all activities connected with the school program, including all athletic and extracurricular
programs, and may be exercised at any time for the safety and supervision of the pupils in the absence of
their parents or guardians.
105 ILCS 5/ 26-13. Absenteeism and truancy policies.
School districts shall adopt policies, consistent with rules adopted by the State Board of Education, which
identify the appropriate supportive services and available resources which are provided for truants and
chronic truants.
105 ILCS 5/27-23.7. Bullying prevention.
(d) Each school district and non-public, non-sectarian elementary or secondary school shall create and
maintain a policy on bullying, which policy must be filed with the State Board of Education. Each school
district and non-public, non-sectarian elementary or secondary school must communicate its policy on
bullying to its students and their parent or guardian on an annual basis. The policy must be updated every
2 years and filed with the State Board of Education after being updated. The State Board of Education
shall monitor the implementation of policies created under this subsection (d).
ADMINISTRATIVE CODE
1.280. Discipline.
Section 24-24 of the School Code [105 ILCS 5/24-24 Provides for teachers, other certificated educational
employees and persons providing a related service for or with respect to a student as determined by the
board of education to maintain discipline in the schools.
Page 3
b) The board of education shall establish a policy on the administration of discipline in accordance with
the requirements of Sections 10-20.14 and 24-24 of the School Code [105 ILCS 5/10-20.14 and 24-24]
and disseminate that policy as provided in Section 10-20.14 of the School Code.
Scope
STATUTES
(a) To establish and maintain a parent-teacher advisory committee to develop with the school board
policy guidelines on pupil discipline, including school searches, to furnish a copy of the policy to the
parents or guardian of each pupil within 15 days after the beginning of the school year, or within 15 days
after starting classes for a pupil who transfers into the district during the school year, and to require that
each school informs its pupils of the contents of its policy. School boards, along with the parent-teacher
advisory committee, are encouraged to annually review their pupil discipline policies, the implementation
of those policies, and any other factors related to the safety of their schools, pupils, and staff.
(d) [...] Each school district and non-public, non-sectarian elementary or secondary school must
communicate its policy on bullying to its students and their parent or guardian on an annual basis. [...]
ADMINISTRATIVE CODE
1.280. Discipline.
b) The board of education shall establish a policy on the administration of discipline in accordance with
the requirements of Sections 10-20.14 and 24-24 of the School Code [105 ILCS 5/10-20.14 and 24-24]
and disseminate that policy as provided in Section 10-20.14 of the School Code.
Page 4

STATUTES
105 ILCS 5/24-24. Maintenance of discipline.
[] Nothing in this Section affects the power of the board to establish rules with respect to discipline;
except that each board shall establish a policy on discipline, and the policy so established shall provide,
subject to the limitations of all policies established or adopted under Section 14-8.05 [105 ILCS 5/148.05], that a teacher, other certificated employee, and any other person, whether or not a certificated
employee, providing a related service for or with respect to a student may use reasonable force as
needed to maintain safety for the other students, school personnel or persons or for the purpose of self
defense or the defense of property, shall provide that a teacher may remove a student from the
classroom for disruptive behavior, and shall include provisions which provide due process to students. [...]

STATUTES
105 ILCS 5/ 24-24. Maintenance of discipline.
[] Nothing in this Section affects the power of the board to establish rules with respect to discipline;
except that each board shall establish a policy on discipline, and [...] The policy shall not include slapping,
paddling or prolonged maintenance of students in physically painful positions nor shall it include the
intentional infliction of bodily harm.

STATUTES
105 ILCS 5/10-22.6. Suspension or expulsion of pupils; school searches.
(e) To maintain order and security in the schools, school authorities may inspect and search places and
areas such as lockers, desks, parking lots, and other school property and equipment owned or controlled
by the school, as well as personal effects left in those places and areas by students, without notice to or
the consent of the student, and without a search warrant. As a matter of public policy, the General
Assembly finds that students have no reasonable expectation of privacy in these places and areas or in
their personal effects left in these places and areas. School authorities may request the assistance of law
enforcement officials for the purpose of conducting inspections and searches of lockers, desks, parking
lots, and other school property and equipment owned or controlled by the school for illegal drugs,
weapons, or other illegal or dangerous substances or materials, including searches conducted through
Page 5
the use of specially trained dogs. If a search conducted in accordance with this Section produces
evidence that the student has violated or is violating either the law, local ordinance, or the school's
policies or rules, such evidence may be seized by school authorities, and disciplinary action may be
taken. School authorities may also turn over such evidence to law enforcement authorities. The
provisions of this subsection (e) apply in all school districts, including special charter districts and districts
organized under Article 34.
105 ILCS 5/10-22.10a. Inspection for drugs.
School boards are empowered to adopt a policy to authorize school officials to request the assistance of
law enforcement officials for the purpose of conducting reasonable searches of school grounds and
lockers for illegal drugs, including searches conducted through the use of specially trained dogs.

Page 6

STATUTES
(b) To suspend or by policy to authorize the superintendent of the district or the principal, assistant
principal, or dean of students of any school to suspend pupils guilty of gross disobedience or misconduct,
or to suspend pupils guilty of gross disobedience or misconduct on the school bus from riding the school
bus, and no action shall lie against them for such suspension. The board may by policy authorize the
superintendent of the district or the principal, assistant principal, or dean of students of any school to
suspend pupils guilty of such acts for a period not to exceed 10 school days. If a pupil is suspended due
to gross disobedience or misconduct on a school bus, the board may suspend the pupil in excess of 10
school days for safety reasons. Any suspension shall be reported immediately to the parents or guardian
of such pupil along with a full statement of the reasons for such suspension and a notice of their right to a
review. The school board must be given a summary of the notice, including the reason for the suspension
and the suspension length. Upon request of the parents or guardian the school board or a hearing officer
appointed by it shall review such action of the superintendent or principal, assistant principal, or dean of
students. At such review the parents or guardian of the pupil may appear and discuss the suspension
with the board or its hearing officer. If a hearing officer is appointed by the board he shall report to the
board a written summary of the evidence heard at the meeting. After its hearing or upon receipt of the
written report of its hearing officer, the board may take such action as it finds appropriate.
(c) The Department of Human Services shall be invited to send a representative to consult with the board
at such meeting whenever there is evidence that mental illness may be the cause for expulsion or
suspension.
(d-5) The board may suspend or by regulation authorize the superintendent of the district or the principal,
assistant principal, or dean of students of any school to suspend a student for a period not to exceed 10
school days or may expel a student for a definite period of time not to exceed 2 calendar years, as
determined on a case by case basis, if (i) that student has been determined to have made an explicit
threat on an Internet website against a school employee, a student, or any school-related personnel, (ii)
the Internet website through which the threat was made is a site that was accessible within the school at
the time the threat was made or was available to third parties who worked or studied within the school
grounds at the time the threat was made, and (iii) the threat could be reasonably interpreted as
threatening to the safety and security of the threatened individual because of his or her duties or
employment status or status as a student inside the school. The provisions of this subsection (d-5) apply
in all school districts, including special charter districts and districts organized under Article 34 of this
Code.
Page 7

STATUTES
(d) [...] A student who is determined to have brought one of the following objects to school, any schoolsponsored activity or event, or any activity or event that bears a reasonable relationship to school shall be
expelled for a period of not less than one year:
(1) A firearm. [...]
(2) A knife, brass knuckles or other knuckle weapon regardless of its composition, a billy club, or any
other object if used or attempted to be used to cause bodily harm, including "look alikes" of any firearm
as defined in subdivision (1) of this subsection (d)[...]

STATUTES
(d) [...]Expulsion or suspension shall be construed in a manner consistent with the Federal Individuals
with Disabilities Education Act [20 U.S.C. 1400 et seq.]. A student who is subject to suspension or
expulsion as provided in this Section may be eligible for a transfer to an alternative school program in
accordance with Article 13A of the School Code. The provisions of this subsection (d) apply in all school
districts, including special charter districts and districts organized under Article 34 [105 ILCS 5/34-1 et
seq.].
(f) Suspension or expulsion may include suspension or expulsion from school and all school activities and
a prohibition from being present on school grounds.
105 ILCS 5/ 26-12. Punitive action.
No punitive action including out of school suspensions, expulsions or court action, shall be taken against
chronic truants for such truancy unless available supportive services and other school resources have
been provided to the student.

(a) To expel pupils guilty of gross disobedience or misconduct, including gross disobedience or
misconduct perpetuated by electronic means, and no action shall lie against them for such expulsion.
Expulsion shall take place only after the parents have been requested to appear at a meeting of the
board, or with a hearing officer appointed by it, to discuss their child's behavior. Such request shall be
made by registered or certified mail and shall state the time, place and purpose of the meeting. The
board, or a hearing officer appointed by it, at such meeting shall state the reasons for dismissal and the
date on which the expulsion is to become effective. If a hearing officer is appointed by the board he shall
report to the board a written summary of the evidence heard at the meeting and the board may take such
action thereon as it finds appropriate. An expelled pupil may be immediately transferred to an alternative
program in the manner provided in Article 13A or 13B of this Code [105 ILCS 5/13A-0.5 et seq. or 105
ILCS 5/13B-1 et seq.]. A pupil must not be denied transfer because of the expulsion, except in cases in
which such transfer is deemed to cause a threat to the safety of students or staff in the alternative
program.
Page 8
(b) To suspend or by policy to authorize the superintendent of the district or the principal, assistant
principal, or dean of students of any school to suspend pupils guilty of gross disobedience or misconduct,
or to suspend pupils guilty of gross disobedience or misconduct on the school bus from riding the school
bus, and no action shall lie against them for such suspension. The board may by policy authorize the
superintendent of the district or the principal, assistant principal, or dean of students of any school to
suspend pupils guilty of such acts for a period not to exceed 10 school days. If a pupil is suspended due
to gross disobedience or misconduct on a school bus, the board may suspend the pupil in excess of 10
school days for safety reasons. Any suspension shall be reported immediately to the parents or guardian
of such pupil along with a full statement of the reasons for such suspension and a notice of their right to a
review. The school board must be given a summary of the notice, including the reason for the suspension
and the suspension length. Upon request of the parents or guardian the school board or a hearing officer
appointed by it shall review such action of the superintendent or principal, assistant principal, or dean of
students. At such review the parents or guardian of the pupil may appear and discuss the suspension
with the board or its hearing officer. If a hearing officer is appointed by the board he shall report to the
board a written summary of the evidence heard at the meeting. After its hearing or upon receipt of the
written report of its hearing officer, the board may take such action as it finds appropriate.
(c) The Department of Human Services shall be invited to send a representative to consult with the board
at such meeting whenever there is evidence that mental illness may be the cause for expulsion or
suspension.
(d-5) The board may suspend or by regulation authorize the superintendent of the district or the principal,
assistant principal, or dean of students of any school to suspend a student for a period not to exceed 10
school days or may expel a student for a definite period of time not to exceed 2 calendar years, as
determined on a case by case basis, if (i) that student has been determined to have made an explicit
threat on an Internet website against a school employee, a student, or any school-related personnel, (ii)
the Internet website through which the threat was made is a site that was accessible within the school at
the time the threat was made or was available to third parties who worked or studied within the school
grounds at the time the threat was made, and (iii) the threat could be reasonably interpreted as
threatening to the safety and security of the threatened individual because of his or her duties or
employment status or status as a student inside the school. The provisions of this subsection (d-5) apply
in all school districts, including special charter districts and districts organized under Article 34 of this
Code.
STATUTES
105 ILCS 5/13B-20.5. Eligible activities and services.
Eligible activities and services. Alternative learning opportunities programs may include without limitation
evening high school, in-school tutoring and mentoring programs, in-school suspension programs, high
school completion programs to assist high school dropouts in completing their education, support
services, parental involvement programs, and programs to develop, enhance, or extend the transition for
students transferring back to the regular school program, an adult education program, or a postsecondary education program.
Page 9

STATUTES
(g) A school district may adopt a policy providing that if a student is suspended or expelled for any reason
from any public or private school in this or any other state, the student must complete the entire term of
the suspension or expulsion in an alternative school program under Article 13A of this Code or an
alternative learning opportunities program under Article 13B of this Code before being admitted into the
school district if there is no threat to the safety of students or staff in the alternative program. This
subsection (g) applies to all school districts, including special charter districts and districts organized
under Article 34 of this Code.

ADMINISTRATIVE CODE
1.280. Discipline.
c) Any use of isolated time out or physical restraint permitted by a boards policy shall conform to the
requirements of Section 1.285 of this Part. If isolated time out or physical restraint is to be permitted, the
policy shall include:
1) the circumstances under which isolated time out or physical restraint will be applied;
2) a written procedure to be followed by staff in cases of isolated time out or physical restraint;
3) designation of a school official who will be informed of incidents and maintain the documentation
required pursuant to Section 1.285 of this Part when isolated time out or physical restraint is used;
4) the process the district or other administrative entity will use to evaluate any incident that results in
an injury that the affected student (or the responsible parent or guardian), staff member, or other
individual identifies as serious;
5) a description of the alternative strategies that will be implemented when determined advisable
pursuant to Section 1.285(f)(4) of this Part; and
6) a description of the districts or other administrative entitys annual review of the use of isolated time
out or physical restraint, which shall include at least:
A) the number of incidents involving the use of these interventions,
B) the location and duration of each incident,
C) identification of the staff members who were involved,
D) any injuries or property damage that occurred, and
E) the timeliness of parental notification and administrative review.
d) In addition to, or as part of, its policy on the maintenance of discipline, each board of education shall
adopt policies and procedures regarding the use of behavioral interventions for students with disabilities
who require such intervention. Each boards policies and procedures shall conform to the requirements of
Section 14-8.05(c) of the School Code [105 ILCS 5/14-8.05(c)].
Page 10
1.285. Requirements for the use of isolated time out and physical restraint.
Isolated time out and physical restraint as defined in this Section shall be used only as means of
maintaining discipline in schools (that is, as means of maintaining a safe and orderly environment for
learning) and only to the extent that they are necessary to preserve the safety of students and others.
Neither isolated time out nor physical restraint shall be used in administering discipline to individual
students, i.e., as a form of punishment. Nothing in this Section or in Section 1.280 of this Part shall be
construed as regulating the restriction of students movement when that restriction is for a purpose other
than the maintenance of an orderly environment (e.g., the appropriate use of safety belts in vehicles).
a)Isolated time out means the confinement of a student in a time-out room or some other enclosure,
whether within or outside the classroom, from which the students egress is restricted. The use of isolated
time out shall be subject to the following requirements.
1) Any enclosure used for isolated time out shall:
A)have the same ceiling height as the surrounding room or rooms and be large enough to
accommodate not only the student being isolated but also any other individual who is required to
accompany that student;
B) be constructed of materials that cannot be used by students to harm themselves or others, be free
of electrical outlets, exposed wiring, and other objects that could be used by students to harm
themselves or others, and be designed so that students cannot climb up the walls (including walls far
enough apart so as not to offer the student being isolated sufficient leverage for climbing); and
C) be designed to permit continuous visual monitoring of and communication with the student.
2) If an enclosure used for isolated time out is fitted with a door, either a steel door or a wooden door of
solid-core construction shall be used. If the door includes a viewing panel, the panel shall be
unbreakable.
3) An adult who is responsible for supervising the student shall remain within two feet of the enclosure.
4) The adult responsible for supervising the student must be able to see the student at all times. If a
locking mechanism is used on the enclosure, the mechanism shall be constructed so that it will engage
only when a key, handle, knob, or other similar device is being held in position by a person, unless the
mechanism is an electrically or electronically controlled one that is automatically released when the
buildings fire alarm system is triggered. Upon release of the locking mechanism by the supervising
adult, the door must be able to be opened readily.
b) Physical restraint means holding a student or otherwise restricting his or her movements. Physical
restraint as permitted pursuant to this Section includes only the use of specific, planned techniques (e.g.,
the basket hold and team control).
c) The requirements set forth in subsections (d) through (h) of this Section shall not apply to the actions
described in this subsection (c) because, pursuant to Section 10-20.33 of the School Code [105 ILCS
5/10-20.33], restraint does not include momentary periods of physical restriction by direct person-toperson contact, without the aid of material or mechanical devices, accomplished with limited force and
designed to:
1) prevent a student from completing an act that would result in potential physical harm to himself,
herself, or another or damage to property; or
2) remove a disruptive student who is unwilling to leave the area voluntarily.
d) The use of physical restraint shall be subject to the following requirements.
1) Pursuant to Section 10-20.33 of the School Code, physical restraint may only be employed when:
A) the student poses a physical risk to himself, herself, or others,
B) there is no medical contraindication to its use, and
Page 11
C) the staff applying the restraint have been trained in its safe application as specified in subsection
(h)(2) of this Section.
2) Students shall not be subjected to physical restraint for using profanity or other verbal displays of
disrespect for themselves or others. A verbal threat shall not be considered as constituting a physical
danger unless a student also demonstrates a means of or intent to carry out the threat.
3) Except as permitted by the administrative rules of another State agency operating or licensing a
facility in which elementary or secondary educational services are provided (e.g., the Illinois
Department of Corrections or the Illinois Department of Human Services), mechanical or chemical
restraint (i.e., the use of any device other than personal physical force to restrict the limbs, head, or
body) shall not be employed.
4) Medically prescribed restraint procedures employed for the treatment of a physical disorder or for the
immobilization of a person in connection with a medical or surgical procedure shall not be used as
means of physical restraint for purposes of maintaining discipline.
5) Any application of physical restraint shall take into consideration the safety and security of the
student. Further, physical restraint shall not rely upon pain as an intentional method of control.
6) In determining whether a student who is being physically restrained should be removed from the area
where such restraint was initiated, the supervising adult(s) shall consider the potential for injury to the
student, the students need for privacy, and the educational and emotional well-being of other students
in the vicinity.
7) If physical restraint is imposed upon a student whose primary mode of communication is sign
language or an augmentative mode, the student shall be permitted to have his or her hands free of
restraint for brief periods, unless the supervising adult determines that such freedom appears likely to
result in harm to the student or others.
e)Time Limits
1) A student shall not be kept in isolated time out for more than 30 minutes after he or she ceases
presenting the specific behavior for which isolated time out was imposed or any other behavior for
which it would be an appropriate intervention.
2) A student shall be released from physical restraint immediately upon a determination by the staff
member administering the restraint that the student is no longer in imminent danger of causing physical
harm to himself, herself, or others.
f) Documentation and Evaluation
1) A written record of each episode of isolated time out or physical restraint shall be maintained in the
students temporary record. The official designated pursuant to Section 1.280(c)(3) of this Part shall
also maintain a copy of each such record. Each such record shall include:
A) the students name;
B) the date of the incident;
C) the beginning and ending times of the incident;
D) a description of any relevant events leading up to the incident;
E) a description of any interventions used prior to the implementation of isolated time out or physical
restraint;
F) a description of the incident and/or student behavior that resulted in isolated time out or physical
restraint;
G) a log of the students behavior in isolated time out or during physical restraint, including a
description of the restraint technique(s) used and any other interaction between the student and staff;
Page 12
H) a description of any injuries (whether to students, staff, or others) or property damage;

I) a description of any planned approach to dealing with the students behavior in the future;
J) a list of the school personnel who participated in the implementation, monitoring, and supervision of
isolated time out or physical restraint;
K) the date on which parental notification took place as required by subsection (g) of this Section.
2) The school official designated pursuant to Section 1.280(c)(3) of this Part shall be notified of the
incident as soon as possible, but no later than the end of the school day on which it occurred.
3) The record described in subsection (f)(1) of this Section shall be completed by the beginning of the
school day following the episode of isolated time out or physical restraint.
4) The requirements of this subsection (f)(4) shall apply whenever an episode of isolated time out
exceeds 30 minutes, an episode of physical restraint exceeds 15 minutes, or repeated episodes have
occurred during any three-hour period.
A) A certified staff person knowledgeable about the use of isolated time out or trained in the use of
physical restraint, as applicable, shall evaluate the situation.
B) The evaluation shall consider the appropriateness of continuing the procedure in use, including the
students potential need for medication, nourishment, or use of a restroom, and the need for alternate
strategies (e.g., assessment by a mental health crisis team, assistance from police, or transportation
by ambulance).
C) The results of the evaluation shall be committed to writing and copies of this documentation shall
be placed into the students temporary student record and provided to the official designated pursuant
to Section 1.280(c)(3) of this Part.
5) When a student has first experienced three instances of isolated time out or physical restraint, the
school personnel who initiated, monitored, and supervised the incidents shall initiate a review of the
effectiveness of the procedure(s) used and prepare an individual behavior plan for the student that
provides either for continued use of these interventions or for the use of other, specified interventions.
The plan shall be placed into the students temporary student record. The review shall also consider the
students potential need for an alternative program or for special education.
A) The district or other entity serving the student shall invite the students parent(s) or guardian(s) to
participate in this review and shall provide ten days notice of its date, time, and location.
B) The notification shall inform the parent(s) or guardian(s) that the students potential need for
special education or an alternative program will be considered and that the results of the review will
be entered into the temporary student record.
g) Notification to Parents
1) A district whose policies on the maintenance of discipline include the use of isolated time out or
physical restraint shall notify parents to this effect as part of the information distributed annually or upon
enrollment pursuant to Sections 10-20.14 and 14-8.05(c) of the School Code [105 ILCS 5/10-20.14 and
14-8.05(c)].
2) Within 24 hours after any use of isolated time out or physical restraint, the school district or other
entity serving the student shall send written notice of the incident to the students parent(s), unless the
parent has provided the district or other entity with a written waiver of this requirement for notification.
Such notification shall include the students name, the date of the incident, a description of the
intervention used, and the name of a contact person with a telephone number to be called for further
information.
h) Requirements for Training
1) Isolated Time Out
Page 13
Each district, cooperative, or joint agreement whose policy permits the use of isolated time out shall
provide orientation to its staff members covering at least the written procedure established pursuant to
Section 1.280(c)(2) of this Part.
2) Physical Restraint
A) Physical restraint as defined in this Section shall be applied only by individuals who have received
systematic training that includes all the elements described in subsection (h)(2)(B) of this Section and
who have received a certificate of completion or other written evidence of participation. An individual
who applies physical restraint shall use only techniques in which he or she has received such training
within the preceding two years, as indicated by written evidence of participation.
B) Training with respect to physical restraint may be provided either by the employer or by an external
entity and shall include, but need not be limited to:
i) appropriate procedures for preventing the need for physical restraint, including the de-escalation
of problematic behavior, relationship-building, and the use of alternatives to restraint;
ii) a description and identification of dangerous behaviors on the part of students that may indicate
the need for physical restraint and methods for evaluating the risk of harm in individual situations in
order to determine whether the use of restraint is warranted;
iii) the simulated experience of administering and receiving a variety of physical restraint
techniques, ranging from minimal physical involvement to very controlling interventions;
iv) instruction regarding the effects of physical restraint on the person restrained, including
instruction on monitoring physical signs of distress and obtaining medical assistance;
v) instruction regarding documentation and reporting requirements and investigation of injuries and
complaints; and
vi) demonstration by participants of proficiency in administering physical restraint.
C) An individual may provide training to others in a particular method of physical restraint only if he or
she has received written evidence of completing training in that technique that meets the
requirements of subsection (h)(2)(B) of this Section within the preceding one-year period.
STATUTES
(b) [] A pupil who is suspended in excess of 20 school days may be immediately transferred to an
alternative program in the manner provided in Article 13A or 13B of this Code. A pupil must not be denied
transfer because of the suspension, except in cases in which such transfer is deemed to cause a threat to
the safety of students or staff in the alternative program.
105 ILCS 5/13A-1. Legislative Declaration.
The General Assembly finds and declares as follows:
(e) Disruptive students typically derive little benefit from traditional school programs and may benefit
substantially by being transferred from their current school into an alternative public school program,
where their particular needs may be more appropriately and individually addressed and where they may
benefit from the opportunity for a fresh start in a new educational environment. At those alternative school
programs, innovative academic and school-to-work programs, including but not limited to the techniques
of work based learning and technology delivered learning, can be utilized to best help the students
enrolled in those schools to become productive citizens.
Page 14
For information on establishing truants' alternative and optional education programs as authorized in
Section 2-3.66 of the School Code. [105 ILCS 5/2-3.66] see
http://www.isbe.net/rules/archive/pdfs/205ARK.pdf.
(h) Every school district in the State shall do all it can to ensure a safe and appropriate educational
environment for all of its students, and the first, but not the only, step school districts must take to achieve
that goal is to administratively transfer disruptive students from the schools they currently attend to the
alternative school programs created by this Article. Those administrative transfers will also provide
optional educational programs to best fit the needs of the transferred students.
(i) Administrative transfers may prove more productive for dealing with disruptive students than out-ofschool suspensions or expulsions, which have been the subject of much criticism.
ADMINISTRATIVE CODE
205.35. Truants alternative and optional education programs -- Required program components.
Each program funded pursuant to Section 2-3.66 of the School Code shall include at least the following
components.
a) A comprehensive community-based program planning process that includes, but is not limited to, the
participation of business, community organizations, social service providers, government agencies,
parents, school administrators and other staff members, including teachers, and students, and that leads
to the development and implementation of a strategic plan.
1) The plan shall contain program goals and objectives developed by analyzing social and academic
challenges in the community to be served by the truants' alternative and optional education program.
2) The plan shall identify available community resources and services and describe how these will be
coordinated to meet the needs of students identified as eligible for the program (see Section 205.20(b)
of this Part).
b) An Individualized Optional Education Plan, which is a written document developed in accordance with
Section 2-3.66 of the School Code and this Part, that outlines an individual's academic, vocational and/or
life skill needs, as well as goals and objectives and various educational and social experiences needed to
reach those goals and objectives. The development of this plan shall include school officials, the student,
and the students parents or legal guardians if the student is less than 18 years old. The individualized
optional education plan for each student shall include:
1) learning objectives or individual outcomes, such as increased school attendance, course credit,
graduation, gains in achievement level, or employment;
2) the basis upon which the student is referred to the program;
3) the services that will be provided in relation to the students educational, social, and/or career
development needs necessary to achieve the learning objectives or individual outcomes pursuant to
subsection (b)(1) of this Section;
4) assessment procedures to determine the degree to which the student is achieving his or her learning
objectives or individual outcomes;
5) a time period sufficient to allow the student to achieve those objectives or outcomes; and
6) a statement that the student, parent, or guardian has the ultimate choice of whether to accept the
individualized optional education plan that is offered or to return to or remain in the regular education
program of the school district attended.
c) Educational services that may include either:
1) An Optional Education Program that provides a modified instructional program that incorporates
Page 15
State academic standards and, as appropriate to the student's needs, work-based learning and career
development, and is established by school board policy to serve as a part-time or full-time option in lieu
of regular school attendance in conformance with Section 2-3.66 of the School Code and this Part; or
2) Supplemental services that provide students enrolled in the regular school program with supports
(e.g., tutoring, mentoring, health services, home visits, counseling) that are needed to increase their
attendance rates or prevent them from dropping out of school.
Page 16

Conditions
STATUTES
(d) The board may expel a student for a definite period of time not to exceed 2 calendar years, as
determined on a case by case basis. A student who is determined to have brought one of the following
objects to school, any school-sponsored activity or event, or any activity or event that bears a reasonable
relationship to school shall be expelled for a period of not less than one year:
(1) A firearm. For the purposes of this Section, "firearm" means any gun, rifle, shotgun, weapon as
defined by Section 921 of Title 18 of the United States Code, firearm as defined in Section 1.1 of the
Firearm Owners Identification Card Act [430 ILCS 65/1.1], or firearm as defined in Section 24-1 of the
Criminal Code of 2012 [720 ILCS 5/24-1]. The expulsion period under this subdivision (1) may be
modified by the superintendent, and the superintendent's determination may be modified by the board
Other weapons
STATUTES
(d) The board may expel a student for a definite period of time not to exceed 2 calendar years, as
determined on a case by case basis. A student who is determined to have brought one of the following
objects to school, any school-sponsored activity or event, or any activity or event that bears a
reasonable relationship to school shall be expelled for a period of not less than one year:
(2) A knife, brass knuckles or other knuckle weapon regardless of its composition, a billy club, or any
other object if used or attempted to be used to cause bodily harm, including "look alikes" of any firearm
as defined in subdivision (1) of this subsection (d). The expulsion requirement under this subdivision (2)
may be modified by the superintendent, and the superintendent's determination may be modified by the
board on a case-by-case basis.


STATUTES
105 ILCS 5/26-2a. [Terms defined].
Sec. 26-2a. A "truant" is defined as a child subject to compulsory school attendance and who is absent
without valid cause from such attendance for a school day or portion thereof.
"Valid cause" for absence shall be illness, observance of a religious holiday, death in the immediate
family, family emergency, and shall include such other situations beyond the control of the student as
Page 17
determined by the board of education in each district, or such other circumstances which cause
reasonable concern to the parent for the safety or health of the student.
"Chronic or habitual truant" shall be defined as a child who is subject to compulsory school attendance
and who is absent without valid cause from such attendance for 5% or more of the previous 180 regular
attendance days.
"Truant minor" is defined as a chronic truant to whom supportive services, including prevention,
diagnostic, intervention and remedial services, alternative programs and other school and community
resources have been provided and have failed to result in the cessation of chronic truancy, or have been
offered and refused.
A "dropout" is defined as any child enrolled in grades 9 through 12 whose name has been removed from
the district enrollment roster for any reason other than the student's death, extended illness, removal for
medical non-compliance, expulsion, aging out, graduation, or completion of a program of studies and who
has not transferred to another public or private school and is not known to be home-schooled by his or
her parents or guardians or continuing school in another country.
105 ILCS 5/ 26-5. Duties of truant officers.
The truant officer of the school district, whenever notified by the Superintendent, teacher, or other person
of violations of this Article, or the county truant officer, when notified by the County Superintendent, shall
investigate all cases of truancy or non-attendance at school in their respective jurisdictions, and if the
children complained of are not exempt under the provisions of this Article, the truant officer shall proceed
as is provided in this Article. The county truant officer, within the county and the district truant officers,
within their respective districts, shall in the exercise of their duties be conservators of the peace and shall
keep the same, suppress riots, routs, affray, fighting, breaches of the peace, and prevent crime; and may
arrest offenders on view and cause them to be brought before proper officials for trial or examination.
105 ILCS 5/ 26-12. Punitive action.
No punitive action including out of school suspensions, expulsions or court action, shall be taken against
chronic truants for such truancy unless available supportive services and other school resources have
been provided to the student.
ADMINISTRATIVE CODE
205.20. Truants alternative and optional education programs Purpose.
b) Programs funded under this grant shall serve students identified as one of the following:
1) a truant, as defined in Section 26-2a of the School Code [105 ILCS 5/26-2a]; or
2) a chronic or habitual truant, as defined in Section 26-2a of the School Code; or
3) a dropout, as defined in Section 26-2a of the School Code; or
4) a potential dropout, which is any student subject to compulsory attendance as defined in Article 26 of
the School Code [105 ILCS 5/Art. 26] and whose school absences or pattern of school attendance
impedes the students learning or contributes to the students failure to meet State and/or district
learning standards. Attendance problems may include chronic truancy, truancy, selective absences,
excessive absences or a pattern of absences or tardiness. In assessing whether marginal school
attendance problems would place a student within the definition of "potential dropout," consideration
shall be given to a student's personal involvement in the education process, apparent motivation to
receive an education, or any continued and obvious apathy or disaffection for education, particularly,
when indications of uninvolvement, lack of motivation or disaffection are coupled with currently known
individual or family circumstances that, if they remain unresolved, would be reasonably expected to
Page 18
result in escalating attendance problems. (Source: Amended at 25 Ill. Reg. 2399, effective January 25,
2001)
Substance use
STATUTES
105 ILCS 5/2-3.13a. School records; transferring students.
[] f a student is transferring from a public school, whether located in this or any other state, from which
the student has been suspended or expelled for knowingly possessing in a school building or on school
grounds a weapon as defined in the Gun Free Schools Act [20 USCS 7151 et seq.], for knowingly
possessing, selling, or delivering in a school building or on school grounds a controlled substance or
cannabis, or for battering a staff member of the school, and if the period of suspension or expulsion has
not expired at the time of the student attempts to transfer into another public school in the same or any
other school districtand (ii) with the exception of transfers into the Department of Juvenile Justice
school district, the student shall not be permitted to attend class in the public school into which he or she
is transferring until the student has served the entire period of the suspension or expulsion imposed by
the school from which the student is transferring []

STATUTES
(d) The school board, in consultation with the parent-teacher advisory committee and other communitybased organizations, must include provisions in the student discipline policy to address students who
have demonstrated behaviors that put them at risk for aggressive behavior, including without limitation
bullying, as defined in the policy. These provisions must include procedures for notifying parents or legal
guardians and early intervention procedures based upon available community-based and district
resources.
105 ILCS 5/22-12. Preventing or interfering with a child's attendance at school.
Whoever by threat, menace, or intimidation prevents any child entitled to attend a public or nonpublic
school in this State from attending such school or interferes with any such child's attendance at that
school shall be guilty of a Class A misdemeanor.
105 ILCS 5/27-13.3. Internet safety education curriculum.
(a) The purpose of this Section is to inform and protect students from inappropriate or illegal
communications and solicitation and to encourage school districts to provide education about Internet
threats and risks, including without limitation child predators, fraud, and other dangers.
(c) Each school may adopt an age-appropriate curriculum for Internet safety instruction of students in
grades kindergarten through 12. However, beginning with the 2009-2010 school year, a school district
must incorporate into the school curriculum a component on Internet safety to be taught at least once
each school year to students in grades 3 through 12. The school board shall determine the scope and
duration of this unit of instruction. The age-appropriate unit of instruction may be incorporated into the
current courses of study regularly taught in the district's schools, as determined by the school board, and
it is recommended that the unit of instruction include the following topics:
(5) Recognizing and reporting online harassment and cyber-bullying.
Page 19
(e) The State Board of Education shall make available resource materials for educating children regarding
child online safety and may take into consideration the curriculum on this subject developed by other
states, as well as any other curricular materials suggested by education experts, child psychologists, or
technology companies that work on child online safety issues. Materials may include without limitation
safe online communications, privacy protection, cyber-bullying []
(a) The General Assembly finds that a safe and civil school environment is necessary for students to
learn and achieve and that bullying causes physical, psychological, and emotional harm to students and
interferes with students' ability to learn and participate in school activities. The General Assembly further
finds that bullying has been linked to other forms of antisocial behavior, such as vandalism, shoplifting,
skipping and dropping out of school, fighting, using drugs and alcohol, sexual harassment, and sexual
violence. Because of the negative outcomes associated with bullying in schools, the General Assembly
finds that school districts and non-public, non-sectarian elementary and secondary schools should
educate students, parents, and school district or non-public, non-sectarian elementary or secondary
school personnel about what behaviors constitute prohibited bullying.
Bullying on the basis of actual or perceived race, color, religion, sex, national origin, ancestry, age, marital
status, physical or mental disability, military status, sexual orientation, gender-related identity or
expression, unfavorable discharge from military service, association with a person or group with one or
more of the aforementioned actual or perceived characteristics, or any other distinguishing characteristic
is prohibited in all school districts and non-public, non-sectarian elementary and secondary schools.
No student shall be subjected to bullying:
(1) during any school-sponsored education program or activity;
(2) while in school, on school property, on school buses or other school vehicles, at designated school
bus stops waiting for the school bus, or at school-sponsored or school-sanctioned events or activities;
or
(3) through the transmission of information from a school computer, a school computer network, or
other similar electronic school equipment.
(b) In this Section: "Bullying" means any severe or pervasive physical or verbal act or conduct, including
communications made in writing or electronically, directed toward a student or students that has or can be
reasonably predicted to have the effect of one or more of the following:
(1) placing the student or students in reasonable fear of harm to the student's or students' person or
property;
(2) causing a substantially detrimental effect on the student's or students' physical or mental health;
(3) substantially interfering with the student's or academic performance; or
(4) substantially interfering with the student's or students' ability to participate in or benefit from the
services, activities, or privileges provided by a school.
Bullying, as defined in this subsection (b), may take various forms, including without limitation one or
more of the following: harassment, threats, intimidation, stalking, physical violence, sexual harassment,
sexual violence, theft, public humiliation, destruction of property, or retaliation for asserting or alleging an
act of bullying. This list is meant to be illustrative and non-exhaustive.
"School personnel" means persons employed by, on contract with, or who volunteer in a school district or
non-public, non-sectarian elementary or secondary school, including without limitation school and school
district administrators, teachers, school guidance counselors, school social workers, school counselors,
school psychologists, school nurses, cafeteria workers, custodians, bus drivers, school resource officers,
and security guards.
Page 20
(c) (Blank).
(d) Each school district and non-public, non-sectarian elementary or secondary school shall create and
maintain a policy on bullying, which policy must be filed with the State Board of Education. Each school
district and non-public, non-sectarian elementary or secondary school must communicate its policy on
bullying to its students and their parent or guardian on an annual basis. The policy must be updated every
2 years and filed with the State Board of Education after being updated. The State Board of Education
shall monitor the implementation of policies created under this subsection (d).
(e) This Section shall not be interpreted to prevent a victim from seeking redress under any other
available civil or criminal law. Nothing in this Section is intended to infringe upon any right to exercise free
expression or the free exercise of religion or religiously based views protected under the First
Amendment to the United States Constitution or under Section 3 or 4 of Article 1 of the Illinois
Constitution.

Page 21

Prevention
STATUTES
105 ILCS 5/27-23.4. Violence prevention and conflict resolution education.
School districts shall provide instruction in violence prevention and conflict resolution education for grades
kindergarten through 12 and may include such instruction in the courses of study regularly taught therein.
School districts may give regular school credit for satisfactory completion by the student of such courses.
(a) The General Assembly finds that a safe and civil school environment is necessary for students to
learn and achieve and that bullying causes physical, psychological, and emotional harm to students and
interferes with students' ability to learn and participate in school activities. The General Assembly further
finds that bullying has been linked to other forms of antisocial behavior, such as vandalism, shoplifting,
skipping and dropping out of school, fighting, using drugs and alcohol, sexual harassment, and sexual
violence. Because of the negative outcomes associated with bullying in schools, the General Assembly
finds that school districts and non-public, non-sectarian elementary and secondary schools should
educate students, parents, and school district or non-public, non-sectarian elementary or secondary
school personnel about what behaviors constitute prohibited bullying.
Bullying on the basis of actual or perceived race, color, religion, sex, national origin, ancestry, age, marital
status, physical or mental disability, military status, sexual orientation, gender-related identity or
expression, unfavorable discharge from military service, association with a person or group with one or
more of the aforementioned actual or perceived characteristics, or any other distinguishing characteristic
is prohibited in all school districts and non-public, non-sectarian elementary and secondary schools.
No student shall be subjected to bullying:
(1) during any school-sponsored education program or activity;
(2) while in school, on school property, on school buses or other school vehicles, at designated school
bus stops waiting for the school bus, or at school-sponsored or school-sanctioned events or activities;
or
(3) through the transmission of information from a school computer, a school computer network, or
other similar electronic school equipment.
(b) In this Section: "Bullying" means any severe or pervasive physical or verbal act or conduct, including
communications made in writing or electronically, directed toward a student or students that has or can be
reasonably predicted to have the effect of one or more of the following:
(1) placing the student or students in reasonable fear of harm to the student's or students' person or
property;
(2) causing a substantially detrimental effect on the student's or students' physical or mental health;
(3) substantially interfering with the student's or academic performance; or
(4) substantially interfering with the student's or students' ability to participate in or benefit from the
services, activities, or privileges provided by a school.
Bullying, as defined in this subsection (b), may take various forms, including without limitation one or
more of the following: harassment, threats, intimidation, stalking, physical violence, sexual harassment,
Page 22
sexual violence, theft, public humiliation, destruction of property, or retaliation for asserting or alleging an
act of bullying. This list is meant to be illustrative and non-exhaustive.
"School personnel" means persons employed by, on contract with, or who volunteer in a school district or
non-public, non-sectarian elementary or secondary school, including without limitation school and school
district administrators, teachers, school guidance counselors, school social workers, school counselors,
school psychologists, school nurses, cafeteria workers, custodians, bus drivers, school resource officers,
and security guards.
105 ILCS 5/27-23.10. Gang resistance education and training.
(a) The General Assembly finds that the instance of youth delinquent gangs continues to rise on a
statewide basis. Given the higher rates of criminal offending among gang members, as well as the
availability of increasingly lethal weapons, the level of criminal activity by gang members has taken on
new importance for law enforcement agencies, schools, the community, and prevention efforts.
(b) As used in this Section:
"Gang resistance education and training" means and includes instruction in, without limitation, each of the
following subject matters when accompanied by a stated objective of reducing gang activity and
educating children in grades K through 12 about the consequences of gang involvement:
(1) conflict resolution;
(2) cultural sensitivity;
(3) personal goal setting; and
(4) resisting peer pressure.
(c) Each school district and non-public, non-sectarian elementary or secondary school in this State may
make suitable provisions for instruction in gang resistance education and training in all grades and
include that instruction in the courses of study regularly taught in those grades. For the purposes of gang
resistance education and training, a school board or the governing body of a non-public, non-sectarian
elementary or secondary school must collaborate with State and local law enforcement agencies. The
State Board of Education may assist in the development of instructional materials and teacher training in
relation to gang resistance education and training.

STATUTES
105 ILCS 5/27-23.4. Violence prevention and conflict resolution education.
School districts shall provide instruction in violence prevention and conflict resolution education for grades
kindergarten through 12 and may include such instruction in the courses of study regularly taught therein.
School districts may give regular school credit for satisfactory completion by the student of such courses.
ADMINISTRATIVE CODE
1.280. Discipline.
d) In addition to, or as part of, its policy on the maintenance of discipline, each board of education shall
adopt policies and procedures regarding the use of behavioral interventions for students with disabilities
Page 23
who require such intervention. Each boards policies and procedures shall conform to the requirements of
Section 14-8.05(c) of the School Code [105 ILCS 5/14-8.05(c)].
ADMINISTRATIVE CODE
h) Requirements for Training
1) Isolated Time Out
Each district, cooperative, or joint agreement whose policy permits the use of isolated time out shall
provide orientation to its staff members covering at least the written procedure established pursuant to
Section 1.280(c)(2) of this Part.
2) Physical Restraint
A) Physical restraint as defined in this Section shall be applied only by individuals who have received
systematic training that includes all the elements described in subsection (h)(2)(B) of this Section and
who have received a certificate of completion or other written evidence of participation. An individual
who applies physical restraint shall use only techniques in which he or she has received such training
within the preceding two years, as indicated by written evidence of participation.
B) Training with respect to physical restraint may be provided either by the employer or by an external
entity and shall include, but need not be limited to:
i) appropriate procedures for preventing the need for physical restraint, including the de-escalation
of problematic behavior, relationship-building, and the use of alternatives to restraint;
ii) a description and identification of dangerous behaviors on the part of students that may indicate
the need for physical restraint and methods for evaluating the risk of harm in individual situations in
order to determine whether the use of restraint is warranted;
iii) the simulated experience of administering and receiving a variety of physical restraint
techniques, ranging from minimal physical involvement to very controlling interventions;
iv) instruction regarding the effects of physical restraint on the person restrained, including
instruction on monitoring physical signs of distress and obtaining medical assistance;
v) instruction regarding documentation and reporting requirements and investigation of injuries and
complaints; and
vi) demonstration by participants of proficiency in administering physical restraint.
C) An individual may provide training to others in a particular method of physical restraint only if he or
she has received written evidence of completing training in that technique that meets the
requirements of subsection (h)(2)(B) of this Section within the preceding one-year period.
Page 24

ADMINISTRATIVE CODE
f) Documentation and Evaluation
1) A written record of each episode of isolated time out or physical restraint shall be maintained in the
students temporary record. The official designated pursuant to Section 1.280(c)(3) of this Part shall
also maintain a copy of each such record. Each such record shall include:
A) the students name;
B) the date of the incident;
C) the beginning and ending times of the incident;
D) a description of any relevant events leading up to the incident;
E) a description of any interventions used prior to the implementation of isolated time out or physical
restraint;
F) a description of the incident and/or student behavior that resulted in isolated time out or physical
restraint;
G) a log of the students behavior in isolated time out or during physical restraint, including a
description of the restraint technique(s) used and any other interaction between the student and staff;
H) a description of any injuries (whether to students, staff, or others) or property damage;
I) a description of any planned approach to dealing with the students behavior in the future;
J) a list of the school personnel who participated in the implementation, monitoring, and supervision of
isolated time out or physical restraint;
K) the date on which parental notification took place as required by subsection (g) of this Section.
2) The school official designated pursuant to Section 1.280(c)(3) of this Part shall be notified of the
incident as soon as possible, but no later than the end of the school day on which it occurred.
3) The record described in subsection (f)(1) of this Section shall be completed by the beginning of the
school day following the episode of isolated time out or physical restraint.
4) The requirements of this subsection (f)(4) shall apply whenever an episode of isolated time out
exceeds 30 minutes, an episode of physical restraint exceeds 15 minutes, or repeated episodes have
occurred during any three-hour period.
STATUTES
(a) To expel pupils guilty of gross disobedience or misconduct [...] Expulsion shall take place only after
the parents have been requested to appear at a meeting of the board, or with a hearing officer appointed
by it, to discuss their child's behavior.
Page 25
(b) [...] Any suspension shall be reported immediately to the parents or guardian of such pupil along with
a full statement of the reasons for such suspension and a notice of their right to a review.
ADMINISTRATIVE CODE
f.5.A) The district or other entity serving the student shall invite the students parent(s) or guardian(s) to
participate in this review and shall provide ten days notice of its date, time, and location.
f.5.B) The notification shall inform the parent(s) or guardian(s) that the students potential need for special
education or an alternative program will be considered and that the results of the review will be entered
into the temporary student record.
g) Notification to Parents
1) A district whose policies on the maintenance of discipline include the use of isolated time out or
physical restraint shall notify parents to this effect as part of the information distributed annually or upon
enrollment pursuant to Sections 10-20.14 and 14-8.05(c) of the School Code [105 ILCS 5/10-20.14 and
14-8.05(c)].
2) Within 24 hours after any use of isolated time out or physical restraint, the school district or other
entity serving the student shall send written notice of the incident to the students parent(s), unless the
parent has provided the district or other entity with a written waiver of this requirement for notification.
Such notification shall include the students name, the date of the incident, a description of the
intervention used, and the name of a contact person with a telephone number to be called for further
information.

STATUTES
105 ILCS 5/10-21.7. Attacks on school personnel.
Upon receipt of a written complaint from any school personnel, the superintendent, or other appropriate
administrative officer for a private school, shall report all incidents of battery committed against teachers,
teacher personnel, administrative personnel or educational support personnel to the local law
enforcement authorities immediately after the occurrence of the attack and to the Department of State
Polices Illinois Uniform Crime Reporting Program no later than 3 days after the occurrence of the attack.
105 ILCS 5/10-27.1A. Firearms in schools.
Upon receiving a report [of student possession of a firearm in school] from any school official pursuant to
this Section, or from any other person, the principal or his or her designee shall immediately notify a local
law enforcement agency.
105 ILCS 5/10-27.1B. Reporting drug-related incidents in schools.
Upon receipt of any written, electronic, or verbal report from any school personnel regarding a verified
incident involving drugs in a school or on school owned or leased property, including any conveyance
owned, leased, or used by the school for the transport of students or school personnel, the
superintendent or his or her designee, or other appropriate administrative officer for a private school, shall
report all such drug-related incidents occurring in a school or on school property to the local law
enforcement authorities immediately and to the Department of State Police in a form, manner, and
frequency as prescribed by the Department of State Police.
Page 26

STATUTES
105 ILCS 10/2. Definitions.
f. [] The student temporary record shall include information regarding serious disciplinary infractions
that resulted in expulsion, suspension, or the imposition of punishment or sanction. For purposes of this
provision, serious disciplinary infractions means: infractions involving drugs, weapons, or bodily harm to
another.
105 ILCS 5/2-3.13a. School records; transferring students.
a. [] If a student is transferring from a public school, whether located in this or any other state, from
which the student has been suspended or expelled for knowingly possessing in a school building or on
school grounds a weapon as defined in the Gun Free Schools Act [20 USCS 7151 et seq.], for
knowingly possessing, selling, or delivering in a school building or on school grounds a controlled
substance or cannabis, or for battering a staff member of the school, and if the period of suspension or
expulsion has not expired at the time of the student attempts to transfer into another public school in the
same or any other school district: (i) any school student records required to be transferred shall include
the date and duration of the period of suspension or expulsion; and (ii) with the exception of transfers into
the Department of Juvenile Justice school district, the student shall not be permitted to attend class in the
public school into which he or she is transferring until the student has served the entire period of the
suspension or expulsion imposed by the school from which the student is transferring

STATUTES
(a) [...] School boards, along with the parent-teacher advisory committee, are encouraged to annually
review their pupil discipline policies, the implementation of those policies, and any other factors related to
the safety of their schools, pupils, and staff.
Page 27

STATUTES
105 ILCS 5/ 26-5. Duties of truant officers.
The truant officer of the school district, whenever notified by the Superintendent, teacher, or other person
of violations of this Article, or the county truant officer, when notified by the County Superintendent, shall
investigate all cases of truancy or non-attendance at school in their respective jurisdictions, and if the
children complained of are not exempt under the provisions of this Article, the truant officer shall proceed
as is provided in this Article. The county truant officer, within the county and the district truant officers,
within their respective districts, shall in the exercise of their duties be conservators of the peace and shall
keep the same, suppress riots, routs, affray, fighting, breaches of the peace, and prevent crime; and may
arrest offenders on view and cause them to be brought before proper officials for trial or examination.

Page 28

STATUTES
105 ILCS 5/13A-1. Legislative Declaration.
The General Assembly finds and declares as follows:
(j) Because of the urgency of the problems described in this Section, as well as their statewide impact,
the State of Illinois bears the responsibility to establish and fully fund alternative schools as soon as
possible, thereby providing school districts with an option for dealing with disruptive students that they do
not now possess.
ADMINISTRATIVE CODE
205.20. Truants alternative and optional education programs Purpose.
a) This Part establishes the procedure and criteria for approval of applications, submitted by eligible
applicants to the State Board of Education, for grants to assist the applicants in establishing truants'
alternative and optional education programs as authorized in Section 2-3.66 of the School Code. [105
ILCS 5/2-3.66]
b) Programs funded under this grant shall serve students identified as one of the following:
1) a truant, as defined in Section 26-2a of the School Code [105 ILCS 5/26-2a]; or
2) a chronic or habitual truant, as defined in Section 26-2a of the School Code; or
3) a dropout, as defined in Section 26-2a of the School Code; or
4) a potential dropout, which is any student subject to compulsory attendance as defined in Article 26 of
the School Code [105 ILCS 5/Art. 26] and whose school absences or pattern of school attendance
impedes the students learning or contributes to the students failure to meet State and/or district
learning standards. Attendance problems may include chronic truancy, truancy, selective absences,
excessive absences or a pattern of absences or tardiness. In assessing whether marginal school
attendance problems would place a student within the definition of "potential dropout," consideration
shall be given to a student's personal involvement in the education process, apparent motivation to
receive an education, or any continued and obvious apathy or disaffection for education, particularly,
when indications of uninvolvement, lack of motivation or disaffection are coupled with currently known
individual or family circumstances that, if they remain unresolved, would be reasonably expected to
result in escalating attendance problems. (Source: Amended at 25 Ill. Reg. 2399, effective January 25,
2001)
205.30. Truants alternative and optional education programs Eligible applicants.
a) Proposals for grant awards under Section 2-3.66 of the School Code may be submitted only by public
school districts, regional offices of education, public university laboratory schools approved by the State
Board of Education pursuant to Section 18-8.05(K) of the School Code [105 ILCS 5/18-8.05(K)], charter
schools, community college districts, or area vocational centers.
Page 29
b) Joint applications for funds may be submitted. If a joint application is submitted, then an administrative
agent shall be designated.
1) The superintendent from each of the participating school districts and the official authorized to submit
a proposal on behalf of any other eligible entity as defined in subsection (a) of this Section shall sign the
joint application.
2) A school district or other eligible entity shall only participate in one proposal for a program. (Source:
Amended at 26 Ill. Reg. 882, effective January 15, 2002)
205.40. Truants alternative and optional education programs Application procedure and
content.
It is the intention of the State Board of Education to approve truants alternative and optional education
programs for a three- year period. Funding for the second and third years of operation (i.e., beginning the
year following the initial grant award) shall be contingent upon the availability of funds for the program,
the grantee's progress toward meeting its objectives, and the evidence presented in the proposal that a
sufficient need continues to exist for the program (see Section 205.40(f) of this Part).
a) The State Board of Education will issue a Request for Proposals (RFP) specifying the information that
applicants shall include in their proposals and requiring that proposals be submitted to the State Board of
Education no later than the date specified in the RFP. The RFP shall provide at least 45 calendar days in
which to submit proposals.
b) Each RFP shall indicate the descriptive information (e.g., needs assessment, community-based
planning procedures, indicators used to identify students for the program, program objectives and
activities, individualized optional education plan development, means of evaluation) that initial applicants
will be required to provide about their proposed programs. Initial applicants are those that did not receive
funding under this Part for a truants alternative and optional education program in the year previous to an
application or that are completing the last year in a three-year funding cycle. Each RFP shall identify any
area or areas of high priority for the funding cycle.
c) Each RFP shall describe the proposal format that applicants will be required to follow (e.g., cover page,
program staffing, proposal abstract, proposal narrative).
d) Each proposal shall include a budget summary and payment schedule and a narrative budget
breakdown (i.e., a detailed explanation of each line item of expenditure), completed on forms provided by
the State Board of Education.
e) Each proposal shall include a Certification and Assurances for Application and Award and a Drug-Free
f) Each proposal for renewal shall contain at least the following:
1) a mid-year report of the current year's program, documenting the services provided and describing
the degree to which the grantee is achieving its stated objectives;
2) an updated narrative description of the objectives, activities, timelines, evaluation procedures and the
personnel to be responsible for them in the renewal year, relating the objectives and activities proposed
to the results to date, as described in the mid-year report required under subsection (f)(1) of this
Section;
3) an updated budget summary and payment schedule, with narrative budget breakdown, for the
renewal year; and
4) the assurances and certification forms referred to in subsection (e) of this Section, bearing a current
signature and applicable to the renewal period.
g) Incomplete proposals will not be considered for funding.
Page 30
205.50. Truants alternative and optional education programs Proposal review and approval.
a) Proposals submitted for initial funding under this Part shall be evaluated in accordance with the
following criteria and points:
1) There is sufficient need for the program/services, as evidenced by the number or proportion of
students identified as eligible for program services (see Section 205.20(b) of this Part). (20 points)
2) Criteria and indicators for identifying students who are eligible for the program are clearly established
and likely to target those students most in need of services. (20 points)
3) Program objectives and activities are well- defined, linked to identified needs, and likely to lead to
improved outcomes for the students served in the program. (20 points)
4) The program is cost-effective as evidenced by the cost of proposed services in relation to the
numbers to be served and the services to be provided. (20 points)
5) The evaluation strategies will effectively gauge the success of the program and yield sufficient data
that can be used to improve the program. (10 points)
6) The proposal demonstrates strategies, other than those routinely offered by the regular school
program that will be effective in decreasing the dropout rate and increasing school attendance. (10
points)
b) Proposals submitted for a renewal period shall be evaluated in accordance with the following criteria:
1) The evaluation of the current year's project indicates that its stated objectives are being met, that the
project has been conducted in conformance with the proposal approved by the State Superintendent of
Education, and that a sufficient need continues to exist for the truants' alternative and optional
education program; or
2) In instances where certain objectives of the project are not being met, the grantee has described the
relative status of each such objective, the reason(s) for incomplete achievement, and either:
i) the steps to be taken to ensure that the objective will be met during the renewal period, if the
objective remains a valid part of the proposal for renewal; or
ii) if the grantee has determined that the objective should be deleted from its plan or altered in light of
the previous year's experience, then the grantee has provided its rationale for such deletion or
change and has described how the program's goals for the renewal period will be met in light of the
change.
c) The selection of proposals for funding may be based in part on geographic distribution and/or the need
to provide resources to public school districts and communities with varying demographic characteristics.
d) Priority consideration may be given to proposals with specific areas of emphasis, as identified by the
State Board of Education in a particular RFP.
e) The State Superintendent of Education will make final determinations in accordance with the criteria
stated in subsections (a) and (b) of this Section.
205.60. Truants alternative and optional education programs Allocation of funds.
The State Superintendent of Education shall determine the amount of individual grant awards on the
basis of the following criteria. The final award amounts will be based on these criteria following
negotiation with the grant recipient:
a) the total funds appropriated for truants' alternative and optional education programs;
b) the program needs, resources, and amounts requested in the top-ranked proposals determined
pursuant to Section 205.50(a) and (b) of this Part; and
Page 31
c) the need to assure delivery of truancy prevention services and truants' alternative and optional
education programs on a statewide basis and in a manner that will have the greatest impact in
preventing truancy and students from dropping out of school.
205.70. Truants alternative and optional education programs Terms of the grant.
Each RFP shall inform potential recipients of the terms and conditions that apply to their receipt and use
of grant funds under this program, including at least the following:
a) All grants issued under this Part shall be governed by the Illinois Grant Funds Recovery Act [30 ILCS
705].
b) Applicants may be asked to clarify certain aspects of their proposals. A negotiated and finalized
proposal returned to the applicant, with an authorized signature affixed to the cover page, will constitute
an approved grant agreement with the State Board of Education.
c) Orders for payment will be submitted to the Office of the Comptroller by the State Board of Education
according to a negotiated payment schedule. Payments may be reduced from scheduled amounts if
periodic reports show excessive cash on hand.
d) The grantee may operate its own program or enter into a subcontract with another not-for-profit entity
to implement the program.
e) Grant recipients must submit a final project report to the State Board of Education within 30 days
after the ending date of the grant period.
f) An approved budget may be amended by completing an amendment to the approved budget, using
forms supplied by the State Board of Education, to show the new amounts required and attaching an
explanation for the changes. A budget amendment is necessary whenever an approved individual line
item changes by more than $1,000 or 20 percent (whichever is larger) from the approved budget. A
budget amendment must also be submitted for approval when a grantee proposes to use funds for
allowable expenditures not identified in the approved budget. Changes will be approved if the proposed
distribution of resources or activities would have been approvable within the original application.
g) The annual RFP shall indicate the proportion of grant funds that can be used for administrative
expenses.
Page 32
Other/Uncategorized

ADMINISTRATIVE CODE
205.35. Truants alternative and optional education programs Required program components.
Each program funded pursuant to Section 2-3.66 of the School Code shall include at least the following
components.
a) A comprehensive community-based program planning process that includes, but is not limited to, the
participation of business, community organizations, social service providers, government agencies,
parents, school administrators and other staff members, including teachers, and students, and that leads
to the development and implementation of a strategic plan.
Other/Uncategorized
STATUTES
105 ILCS 10/2. Definitions.
Sec. 2. As used in this Act,
(a) "Student" means any person enrolled or previously enrolled in a school.
(b) "School" means any public preschool, day care center, kindergarten, nursery, elementary or
secondary educational institution, vocational school, special educational facility or any other elementary
or secondary educational agency or institution and any person, agency or institution which maintains
school student records from more than one school, but does not include a private or non-public school.
(c) "State Board" means the State Board of Education.
(d) "School Student Record" means any writing or other recorded information concerning a student and
by which a student may be individually identified, maintained by a school or at its direction or by an
employee of a school, regardless of how or where the information is stored. The following shall not be
deemed school student records under this Act: writings or other recorded information maintained by an
employee of a school or other person at the direction of a school for his or her exclusive use; provided
that all such writings and other recorded information are destroyed not later than the student's graduation
or permanent withdrawal from the school; and provided further that no such records or recorded
information may be released or disclosed to any person except a person designated by the school as a
substitute unless they are first incorporated in a school student record and made subject to all of the
provisions of this Act. School student records shall not include information maintained by law enforcement
professionals working in the school.
(e) "Student Permanent Record" means the minimum personal information necessary to a school in the
education of the student and contained in a school student record. Such information may include the
student's name, birth date, address, grades and grade level, parents' names and addresses, attendance
records, and such other entries as the State Board may require or authorize.
Page 33
(f) "Student Temporary Record" means all information contained in a school student record but not
contained in the student permanent record. Such information may include family background information,
intelligence test scores, aptitude test scores, psychological and personality test results, teacher
evaluations, and other information of clear relevance to the education of the student, all subject to
regulations of the State Board. The information shall include information provided under Section 8.6 of the
Abused and Neglected Child Reporting Act [325 ILCS 5/1 et seq.]. In addition, the student temporary
record shall include information regarding serious disciplinary infractions that resulted in expulsion,
suspension, or the imposition of punishment or sanction. For purposes of this provision, serious
disciplinary infractions means: infractions involving drugs, weapons, or bodily harm to another.
(g) "Parent" means a person who is the natural parent of the student or other person who has the primary
responsibility for the care and upbringing of the student. All rights and privileges accorded to a parent
under this Act shall become exclusively those of the student upon his 18th birthday, graduation from
secondary school, marriage or entry into military service, whichever occurs first. Such rights and
privileges may also be exercised by the student at any time with respect to the student's permanent
school record.
Page 34

School Discipline
resources provided by Illinois provide additional context to state policy and regulations and, in some
Title
Description
Classroom Management
and Discipline
ISBE webpage on the topic of

classroom management and
discipline
http://www.isbe.net/learningsupports/
html/classroom-mgmt.htm
School Climate
ISBE webpage on the topic of

school climate
climate/default.htm
Illinois School District

Bullying Policies
Index of Illinois school district

level bullying policies
http://www.isbe.net/SBPTF/pdf/bullyi
ng_index.pdf
Supporting Implementation
of Efficient and Effective
Classroom-wide Positive
Behavior Support Plans
PowerPoint presentation from

2010 training.
pdfs/pbis-clsrm-mgmt.pdf
Anti-bullying Efforts in the

State of Illinois
PowerPoint presentation on
2006 Anti-bullying statute
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Indiana
Discipline Laws and
Regulations
Introduction
document.
Notes & Disclaimers

Prepared by:
Child Trends
Table of Contents
Indiana State Codes Cited .......................................................................................................................... 1
Scope ........................................................................................................................................................ 5
Other weapons ........................................................................................................................................ 18
Substance use......................................................................................................................................... 20
Prevention ............................................................................................................................................... 23
Indiana State Codes Cited

Indiana Revised Statutes
Indiana Code
Title 20 Education
Article 33 Students General Provisions
Chapter 2. Compulsory School Attendance
20-33-2-23.
20-33-2-24.
20-33-2-25.
20-33-2-26.
Powers of certain officers to take children into custody

Principal; duties when truant child received
Habitual absence from school; report to juvenile intake officer or department of child
services
Enforcement of chapter
Chapter 8. Student Discipline

IC 20-33-8-0.2.
IC 20-33-8-0.5.
IC 20-33-8-1.
IC 20-33-8-2.
IC 20-33-8-3.
IC 20-33-8-4.
IC 20-33-8-5.
IC 20-33-8-6.
IC 20-33-8-7.
IC 20-33-8-8.
IC 20-33-8-9.
IC 20-33-8-10.
IC 20-33-8-11.
IC 20-33-8-12.
IC 20-33-8-13.5.
IC 20-33-8-14.
IC 20-33-8-15.
IC 20-33-8-16.
IC 20-33-8-17.
IC 20-33-8-18.
IC 20-33-8-19.
IC 20-33-8-20.
IC 20-33-8-21.
IC 20-33-8-22.
IC 20-33-8-23.
IC 20-33-8-24.
IC 20-33-8-25.
Bullying"
Physician"
Principal" Sec. 1. As used in this chapter,. principal" includes a principal's designee.
Educational function"
Expulsion"
School purposes"
School property"
Superintendent" includes superintendent's designee
Suspension"
Duty and powers of school corporation to supervise and discipline students
Disciplinary powers of teachers and school staff members
Disciplinary powers of principals
Disciplinary powers of superintendents and administrative staff members
Adoption of discipline rules; publicity requirement; discipline policy regulations and
guidelines; delegation of authority; rulemaking powers of governing body
Discipline rules prohibiting bullying required
Grounds for suspension or expulsion
Unlawful activity by student
Possession of firearms, deadly weapons, or destructive devices
Student's legal settlement not in attendance area
Maximum term of suspension; procedure
Expulsion procedure; appeals
Maximum term of expulsion; reenrollment in alternative program after expulsion or
exclusion; reinstatement review
Scope of judicial review
Effectiveness of statute during judicial review
Suspension pending expulsion decision
Requirements for reenrollment after expulsion
Additional disciplinary actions authorized
Indiana Compilation of School Discipline Laws and Regulations
Page 1
IC 20-33-8-26.
IC 20-33-8-27.
IC 20-33-8-28.
IC 20-33-8-29.
IC 20-33-8-30.
IC 20-33-8-31.
IC 20-33-8-32.
IC 20-33-8-33.
IC 20-33-8-34.
Rules requiring participation in disciplinary action by person caring for dependent

student
Supplemental procedures authorized
Waiver of rights
Special schools
Enrollment in another school corporation or charter school during period of expulsion
or proposed expulsion
Effect of suspension or expulsion on compulsory attendance laws
Locker searches
Duty to submit information to bureau of motor vehicles
Disciplinary action for children with disabilities
Chapter 8.5. Court Assisted Resolution of Suspension and Expulsion Cases

IC 20-33-8.5-1.
IC 20-33-8.5-2
IC 20-33-8.5-3.
IC 20-33-8.5-4.
IC 20-33-8.5-5.
IC 20-33-8.5-6.
IC 20-33-8.5-7.
IC 20-33-8.5-8.
IC 20-33-8.5-9.
IC 20-33-8.5-10.
IC 20-33-8.5-11.
IC 20-33-8.5-12.
Applicability
Agreement between superintendent and court having juvenile jurisdiction
Agreement; court's responsibilities
Agreement; school corporation's responsibilities
Agreement; payment of expenses
Informal hearing before court
Hearing not a determination of whether student is child in need of services
Presence of parent or guardian at hearing
Appearance of student not to be used in subsequent court proceedings
Expungement of court record
Student with disability; procedural requirements
Child not deprived of due process rights
Chapter 9. Reporting Requirements

IC 20-33-9-1.
IC 20-33-9-1.3.
IC 20-33-9-1.5.
IC 20-33-9-2.
IC 20-33-9-3.
IC 20-33-9-4.
IC 20-33-9-5.
IC 20-33-9-6.
IC 20-33-9-7.
IC 20-33-9-8.
IC 20-33-9-9.
IC 20-33-9-10.
IC 20-33-9-11.
IC 20-33-9-12.
IC 20-33-9-13.
IC 20-33-9-14.
IC 20-33-9-15.
IC 20-33-9-16.
Application of chapter
"Battery"
"Harassment"
"Intimidation"
"Member of the administrative staff"
"Threat"
Controlled substance violations; reports by school employees
Controlled substance violations; reports by members of administrative staffs
Privileged or confidential information
Immunity from civil liability; presumption of good faith
Programs to implement chapter
Duty to report threat
Procedure to make report
Relief of obligation to report
Oral report to local law enforcement agency
Immunity from liability
Liability
Good faith
Page 2
Title 5. State and Local Administration

Article 2. Law Enforcement
Chapter 10. State Drug Free Communities Fund
5-2-10-2.
Purpose; composition of fund
Indiana Administrative Code

Page 3
General Provisions
STATUTES
20-33-8-10. Disciplinary powers of principals.
(a) A principal may take action concerning the principal's school or a school activity within the principal's
jurisdiction that is reasonably necessary to carry out or prevent interference with an educational function
or school purposes.
(b) Subsection (a) allows a principal to write regulations that govern student conduct.
20-33-8-11. Disciplinary powers of superintendents and administrative staff members.
A:
(1) superintendent; or
(2) member of the superintendent's administrative staff, with the superintendent's approval;
may take any action with respect to all schools within the superintendent's jurisdiction that is reasonably
necessary to carry out or prevent interference with an educational function or school purposes.
20-33-8-12. Adoption of discipline rules; publicity requirement; discipline policy regulations and
guidelines; delegation of authority; rulemaking powers of governing body.
(b) The:
(1) superintendent of a school corporation; and
(2) principals of each school in a school corporation;
may adopt regulations establishing lines of responsibility and related guidelines in compliance with the
discipline policies of the governing body.
(c) The governing body of a school corporation may delegate:
(1) rulemaking;
(2) disciplinary; and
(3) other authority;
as reasonably necessary to carry out the school purposes of the school corporation.
20-33-8-27. Supplemental procedures authorized.
The governing body of a school corporation may by rule:
(1) amplify;
(2) supplement; or
(3) extend;
the procedures provided in this chapter in any manner that is consistent with this chapter.
20-33-8-29. Special schools.
(c) The governing body of a special school may make necessary modifications to the responsibilities of
school personnel under this chapter to accommodate the administrative structure of a special school.
Page 4
(d) In addition to a disciplinary action imposed by a special school, the principal of the school where a
student is enrolled may without additional procedures adopt a disciplinary action or decision of a special
school as a disciplinary action of the school corporation.
20-33-9-9. Programs to implement chapter.
The law enforcement agencies and the school corporations in each county shall develop and administer a
program to efficiently implement this chapter.
Scope
STATUTES
20-33-8-13.5. Discipline rules prohibiting bullying required.
(a) Discipline rules adopted by the governing body of a school corporation under section 12 of this
chapter must:
(1) prohibit bullying; and
(2) include provisions concerning education, parental involvement, reporting, investigation, and
intervention.
(b) The discipline rules described in subsection (a) must apply when a student is:
(1) on school grounds immediately before or during school hours, immediately after school hours, or at
any other time when the school is being used by a school group;
(2) off school grounds at a school activity, function, or event;
(3) traveling to or from school or a school activity, function, or event; or
(4) using property or equipment provided by the school.
(c) The discipline rules described in subsection (a) must prohibit bullying through the use of data or
computer software that is accessed through a:
(1) computer;
(2) computer system; or
(3) computer network;
of a school corporation.
20-33-8-15. Unlawful activity by student.
In addition to the grounds specified in section 14 of this chapter, a student may be suspended or expelled
for engaging in unlawful activity on or off school grounds if:
(1) the unlawful activity may reasonably be considered to be an interference with school purposes or an
educational function; or
(2) the student's removal is necessary to restore order or protect persons on school property;
including an unlawful activity during weekends, holidays, other school breaks, and the summer period
when a student may not be attending classes or other school functions.
20-33-9-5. Controlled substance violations; reports by school employees.
If a person other than a member of the administrative staff who is an employee of a school corporation
has personally observed:
(1) a violation described in section 1 of this chapter; or
(2) a delinquent act that would be a violation under section 1 of this chapter if the violator were an adult;
Page 5
in, on, or within one thousand (1,000) feet of the school property of the school corporation employing the
person, the person shall immediately report the violation in writing to a member of the administrative staff
of the school corporation employing the person.
20-33-9-6. Controlled substance violations; reports by members of administrative staffs.
A member of the administrative staff who, based on personal knowledge or on the report of another
employee of the school corporation, believes that a person has committed a violation described in section
1 of this chapter or a delinquent act that would be a violation described in section 1 of this chapter if the
violator were an adult in, on, or within one thousand (1,000) feet of the school property of the school
corporation employing the member, shall immediately report in writing to a law enforcement officer.
20-33-8-14. Grounds for suspension or expulsion.
(a) The following are the grounds for student suspension or expulsion, subject to the procedural
requirements of this chapter and as stated by school corporation rules:
(1) Student misconduct.
(2) Substantial disobedience.
(b) The grounds for suspension or expulsion listed in subsection (a) apply when a student is:
(1) on school grounds immediately before or during school hours, or immediately after school hours, or
at any other time when the school is being used by a school group;
(2) off school grounds at a school activity, function, or event; or
(3) traveling to or from school or a school activity, function, or event.
20-33-8-8. Duty and powers of school corporation to supervise and discipline students.
(c) Students must:
(1) follow responsible directions of school personnel in all educational settings; and
(2) refrain from disruptive behavior that interferes with the educational environment.
STATUTES
(a) Except as provided under IC 20-33-8-16, the governing body of a school corporation must do the
following:
(2) Give general publicity to the discipline rules within a school where the discipline rules apply by
actions such as:
(A) making a copy of the discipline rules available to students and students' parents; or
(B) delivering a copy of the discipline rules to students or the parents of students.
This publicity requirement may not be construed technically and is satisfied if the school corporation
makes a good faith effort to disseminate to students or parents generally the text or substance of a
discipline rule.
20-33-8-32. Locker searches.
(a) A school corporation must provide each:
(1) student; and
Page 6
(2) student's parent;

a copy of the rules of the governing body on searches of students' lockers and locker contents.
Page 7
STATUTES
(a) Except as provided under IC 20-33-8-16, the governing body of a school corporation must do the
following:
(1) Establish written discipline rules, which must include a graduated system of discipline

STATUTES
(b) In all matters relating to the discipline and conduct of students, school corporation personnel:
(2) have the right to take any disciplinary action necessary to promote student conduct that conforms
with an orderly and effective educational system, subject to this chapter;
20-33-8-9. Disciplinary powers of teachers and school staff members.
(b) An individual may take any action that is reasonably necessary to carry out or to prevent an
interference with an educational function that the individual supervises.
(c) Subject to rules of the governing body and the administrative staff, an individual may remove a student
for a period that does not exceed five (5) school days from an educational function supervised by the
individual or another individual who is a teacher or other school staff member.
STATUTES
(d) If an individual removes a student from a class under subsection (c), the principal may place the
student in another appropriate class or placement or into in school suspension. The principal may not
return the student to the class from which the student was removed until the principal has met with the
student, the student's teacher, and the student's parents to determine an appropriate behavior plan for
the student. If the student's parents do not meet with the principal and the student's teacher within a
reasonable amount of time, the student may be moved to another class at the principal's discretion.
20-33-8-25. Additional disciplinary actions authorized.
(b) An individual may take disciplinary action instead of or in addition to suspension and expulsion that is
necessary to ensure a safe, orderly, and effective educational environment. Disciplinary action under this
section may include the following:
(1) Counseling with a student or group of students.
(2) Conferences with a parent or group of parents.
Page 8
(3) Assigning additional work.

(4) Rearranging class schedules.
(5) Requiring a student to remain in school after regular school hours:
(A) to do additional school work; or
(B) for counseling.
(6) Restricting extracurricular activities.
(7) Removal of a student by a teacher from that teacher's class for a period not to exceed:
(A) five (5) class periods for middle, junior high, or high school students; or
(B) one (1) school day for elementary school students;
if the student is assigned regular or additional school work to complete in another school setting.
(8) Assignment by the principal of:
(A) a special course of study;
(B) an alternative educational program; or
(C) an alternative school.
(9) Assignment by the principal of the school where the recipient of the disciplinary action is enrolled of
not more than one hundred twenty (120) hours of service with a nonprofit organization operating in or
near the community where the school is located or where the student resides. The following apply to
service assigned under this subdivision:
(A) A principal may not assign a student under this subdivision unless the student's parent approves:
(i) the nonprofit organization where the student is assigned; and
(ii) the plan described in clause (B)(i).
A student's parent may request or suggest that the principal assign the student under this subdivision.
(B) The principal shall make arrangements for the student's service with the nonprofit organization.
Arrangements must include the following:
(i) A plan for the service that the student is expected to perform.
(ii) A description of the obligations of the nonprofit organization to the student, the student's parents,
and the school corporation where the student is enrolled.
(iii) Monitoring of the student's performance of service by the principal or the principal's designee.
(iv) Periodic reports from the nonprofit organization to the principal and the student's parent or
guardian of the student's performance of the service.
(C) The nonprofit organization must obtain liability insurance in the amount and of the type specified
by the school corporation where the student is enrolled that is sufficient to cover liabilities that may be
incurred by a student who performs service under this subdivision.
(D) Assignment of service under this subdivision suspends the implementation of a student's
suspension or expulsion. A student's completion of service assigned under this subdivision to the
satisfaction of the principal and the nonprofit organization terminates the student's suspension or
expulsion.
(10) Removal of a student from school sponsored transportation.
(11) Referral to the juvenile court having jurisdiction over the student.

Page 9

STATUTES
(1) student; and
(b) A student who uses a locker that is the property of a school corporation is presumed to have no
expectation of privacy in:
(1) that locker; or
(2) the locker's contents.
(c) In accordance with the rules of the governing body, a principal may search:
(1) a student's locker; and
(2) the locker's contents;
at any time.
(d) A law enforcement agency having jurisdiction over the geographic area having a school facility
containing a student's locker may:
(1) at the request of the school principal; and
(2) in accordance with rules of the governing body of the school corporation;
assist a school administrator in searching a student's locker and the locker's contents.

Page 10

STATUTES
20-33-8-14. Grounds for suspension or expulsion.
(a) The following are the grounds for student suspension or expulsion, subject to the procedural
requirements of this chapter and as stated by school corporation rules:
(1) Student misconduct.
(2) Substantial disobedience.
(b) The grounds for suspension or expulsion listed in subsection (a) apply when a student is:
(1) on school grounds immediately before or during school hours, or immediately after school hours, or
at any other time when the school is being used by a school group;
(2) off school grounds at a school activity, function, or event; or
(3) traveling to or from school or a school activity, function, or event.
20-33-8-15. Unlawful activity by student.
In addition to the grounds specified in section 14 of this chapter, a student may be suspended or expelled
for engaging in unlawful activity on or off school grounds if:
(1) the unlawful activity may reasonably be considered to be an interference with school purposes or an
educational function; or
(2) the student's removal is necessary to restore order or protect persons on school property;
including an unlawful activity during weekends, holidays, other school breaks, and the summer period
when a student may not be attending classes or other school functions.
20-33-8-16. Possession of firearms, deadly weapons, or destructive devices.
(f) Notwithstanding section 20 of this chapter, a student who is:
(1) identified as bringing a deadly weapon to school or on school property; or
(2) in possession of a deadly weapon on school property;
may be expelled for not more than one (1) calendar year.

STATUTES
(d) Notwithstanding section 20 of this chapter, a student who is:
(1) identified as bringing a firearm or destructive device to school or on school property; or
(2) in possession of a firearm or destructive device on school property;
must be expelled for at least one (1) calendar year, with the return of the student to be at the beginning of
the first school semester after the end of the one (1) year period.
Page 11
(e) The superintendent may, on a case by case basis, modify the period of expulsion under subsection (d)
for a student who is expelled under this section.

STATUTES
20-33-8-18. Maximum term of suspension; procedure.
(a) A principal may suspend a student for not more than ten (10) school days under section 14, 15, or 16
of this chapter. However, the student may be suspended for more than ten (10) school days under
section 23 of this chapter.
20-33-8-20. Maximum term of expulsion; reenrollment in alternative program after expulsion or
exclusion; reinstatement review.
(a) Except as provided in section 16 of this chapter, a student may not be expelled for a longer period
than the remainder of the school year in which the expulsion took effect if the misconduct occurs during
the first semester. If a student is expelled during the second semester, the expulsion remains in effect for
summer school and may remain in effect for the first semester of the following school year, unless
otherwise modified or terminated by order of the governing body. The appropriate authorities may require
that a student who is at least sixteen (16) years of age and who wishes to reenroll after an expulsion or
an exclusion attend an alternative program.
(b) An expulsion that takes effect more than three (3) weeks before the beginning of the second semester
of a school year must be reviewed before the beginning of the second semester. The review:
(1) shall be conducted by the superintendent or an individual designated under section 19(a) of this
chapter after notice of the review has been given to the student and the student's parent;
(2) is limited to newly discovered evidence or evidence of changes in the student's circumstances
occurring since the original meeting; and
(3) may lead to a recommendation by the person conducting the review that the student be reinstated
for the second semester.
(c) An expulsion that will remain in effect during the first semester of the following school year must be
reviewed before the beginning of the school year. The review:
(1) shall be conducted by the superintendent or an individual designated under section 19(a) of this
chapter after notice of the review has been given to the student and the student's parent;
(2) is limited to newly discovered evidence or evidence of changes in the student's circumstances
occurring since the original meeting; and
(3) may lead to a recommendation by the individual conducting the review that the student be reinstated
for the upcoming school year.
20-33-8-34. Disciplinary action for children with disabilities.
(a) Notwithstanding any other law, a suspension, an expulsion, or another disciplinary action against a
student who is a child with a disability (as defined in IC 20-35-1-2) is subject to the:
(1) procedural requirements of 20 U.S.C. 1415; and
Page 12
(2) rules adopted by the state board.

(b) The division of special education shall propose rules under IC 20-35-2-1(b)(5) to the state board for
adoption under IC 4-22-2 governing suspensions, expulsions, and other disciplinary action for a student
who is a child with a disability (as defined in IC 20-35-1-2).

STATUTES
(h) A student with disabilities (as defined in IC 20-35-7-7) who possesses a firearm on school property is
subject to procedural safeguards under 20 U.S.C. 1415.
20-33-8-18. Maximum term of suspension; procedure.
(b) A principal may not suspend a student before the principal affords the student an opportunity for a
meeting during which the student is entitled to the following:
(1) A written or an oral statement of the charges against the student.
(2) If the student denies the charges, a summary of the evidence against the student.
(3) An opportunity for the student to explain the student's conduct.
(c) When misconduct requires immediate removal of a student, the meeting under subsection (b) must
begin as soon as reasonably possible after the student's suspension.
(d) Following a suspension, the principal shall send a written statement to the parent of the suspended
student describing the following:
(1) The student's misconduct.
(2) The action taken by the principal.
20-33-8-19. Expulsion procedure; appeals.
(a) A superintendent of a school corporation may conduct an expulsion meeting or appoint one (1) of the
following to conduct an expulsion meeting:
(1) Legal counsel.
(2) A member of the administrative staff if the member:
(A) has not expelled the student during the current school year; and
(B) was not involved in the events giving rise to the expulsion.
The superintendent or a person designated under this subsection may issue subpoenas, compel the
attendance of witnesses, and administer oaths to persons giving testimony at an expulsion meeting.
(b) An expulsion may take place only after the student and the student's parent are given notice of their
right to appear at an expulsion meeting with the superintendent or a person designated under subsection
(a). Notice of the right to appear at an expulsion meeting must:
(1) be made by certified mail or by personal delivery;
(2) contain the reasons for the expulsion; and
(3) contain the procedure for requesting an expulsion meeting.
(c) The individual conducting an expulsion meeting:
(1) shall make a written summary of the evidence heard at the expulsion meeting;
(2) may take action that the individual finds appropriate; and
Page 13
(3) must give notice of the action taken under subdivision (2) to the student and the student's parent.
(d) If the student or the student's parent not later than ten (10) days of receipt of a notice of action taken
under subsection (c) makes a written appeal to the governing body, the governing body:
(1) shall hold a meeting to consider:
(A) the written summary of evidence prepared under subsection (c)(1); and
(B) the arguments of the principal and the student or the student's parent;
unless the governing body has voted under subsection (f) not to hear appeals of actions taken under
subsection (c); and
(2) may take action that the governing body finds appropriate.
The decision of the governing body may be appealed only under section 21 of this chapter.
(e) A student or a student's parent who fails to request and appear at an expulsion meeting after receipt
of notice of the right to appear at an expulsion meeting forfeits all rights administratively to contest and
appeal the expulsion. For purposes of this section, notice of the right to appear at an expulsion meeting or
notice of the action taken at an expulsion meeting is effectively given at the time when the request or
notice is delivered personally or sent by certified mail to a student and the student's parent.
(f) The governing body may vote to not hear appeals of actions taken under subsection (c). If the
governing body votes to not hear appeals, subsequent to the date on which the vote is taken, a student or
parent may appeal only under section 21 of this chapter.
20-33-8-22. Effectiveness of statute during judicial review.
An expulsion that has been upheld by a governing body continues in effect during judicial review under
section 21 of this chapter unless:
(1) the court grants a temporary restraining order under the Indiana Rules of Civil Procedure; and
(2) the school corporation was given the opportunity to appear at the hearing regarding the temporary
restraining order.
20-33-8-23. Suspension pending expulsion decision.
The superintendent or the person designated by the superintendent under section 19(a) of this chapter
may continue suspension of a student for more than the ten (10) school day period of the principal's
suspension and until the time of the expulsion decision under section 19 of this chapter if the
superintendent or the designated person determines that the student's continued suspension will prevent
or substantially reduce the risk of:
(1) interference with an educational function or school purposes; or
(2) a physical injury to the student, other students, school employees, or visitors to the school.
However, a student may not be suspended from school pending a meeting on a student's proposed
expulsion if the expulsion is ordered under section 17 of this chapter.
STATUTES
(b) An individual may take any action that is reasonably necessary to carry out or to prevent an
interference with an educational function that the individual supervises.
Page 14
(d) If an individual removes a student from a class under subsection (c), the principal may place the
student in another appropriate class or placement or into in school suspension. The principal may not
return the student to the class from which the student was removed until the principal has met with the
student, the student's teacher, and the student's parents to determine an appropriate behavior plan for
the student. If the student's parents do not meet with the principal and the student's teacher within a
reasonable amount of time, the student may be moved to another class at the principal's discretion.
(B) for counseling.

STATUTES
20-33-8-24. Requirements for reenrollment after expulsion.
(b) A principal may require a student to attend one (1) or more of the following:
(1) An alternative school or alternative educational program.
(2) Evening classes.
(3) Classes established for students who are at least sixteen (16) years of age.
20-33-8-30. Enrollment in another school corporation or charter school during period of expulsion
or proposed expulsion.
(b) The student referred to in subsection (a) may enroll in another school corporation or charter school
during the period of the actual or proposed expulsion or separation if:
(1) the student's parent informs the school corporation in which the student seeks to enroll and also:
(A) in the case of a student withdrawing from a charter school that is not a conversion charter school
to avoid expulsion, the conversion charter school; or
Page 15
(B) in the case of a student withdrawing from a conversion charter school to avoid expulsion:
(i) the conversion charter school; and
(ii) the school corporation that sponsored the conversion charter school;
of the student's expulsion, separation, or withdrawal to avoid expulsion or separation;
(2) the school corporation (and, in the case of a student withdrawal described in subdivision (1)(A) or
(1)(B), the charter school) consents to the student's enrollment; and
(3) the student agrees to the terms and conditions of enrollment established by the school corporation
(or, in the case of a student withdrawal described in subdivision (1)(A) or (1)(B), the charter school or
conversion charter school).
(c) If:
(1) a student's parent fails to inform the school corporation of the expulsion or separation or withdrawal
to avoid expulsion or separation; or
(2) a student fails to follow the terms and conditions of enrollment under subsection (b)(3);
the school corporation or charter school may withdraw consent and prohibit the student's enrollment
during the period of the actual or proposed expulsion or separation.
(d) Before a consent is withdrawn under subsection (c) the student must have an opportunity for an
informal meeting before the principal of the student's proposed school. At the informal meeting, the
student is entitled to:
(1) a written or an oral statement of the reasons for the withdrawal of the consent;
(2) a summary of the evidence against the student; and
(3) an opportunity to explain the student's conduct.
(e) This section does not apply to a student who is expelled under section 17 of this chapter.

STATUTES
20-33-8-24. Requirements for reenrollment after expulsion.
(b) A principal may require a student to attend one (1) or more of the following:
(1) An alternative school or alternative educational program.
(2) Evening classes.
(3) Classes established for students who are at least sixteen (16) years of age.
Page 16
Page 17

Conditions
STATUTES
(a) As used in this section, "firearm" has the meaning set forth in IC 35-47-1-5.
(b) As used in this section, "deadly weapon" has the meaning set forth in IC 35-31.5-2-86. The term does
not include a firearm or destructive device.
(c) As used in this section, "destructive device" has the meaning set forth in IC 35-47.5-2-4.
(g) A superintendent or the superintendent's designee shall immediately notify the appropriate law
enforcement agency having jurisdiction over the property where the school is located if a student engages
in a behavior described in subsection (d). The superintendent may give similar notice if the student
engages in a behavior described in subsection (f). Upon receiving notification under this subsection, the
law enforcement agency shall begin an investigation and take appropriate action.
Other weapons
STATUTES
(a) As used in this section, "firearm" has the meaning set forth in IC 35-47-1-5.
(b) As used in this section, "deadly weapon" has the meaning set forth in IC 35-31.5-2-86. The term does
not include a firearm or destructive device.
(c) As used in this section, "destructive device" has the meaning set forth in IC 35-47.5-2-4.
Page 18
(f) Notwithstanding section 20 of this chapter, a student who is:

(1) identified as bringing a deadly weapon to school or on school property; or
(2) in possession of a deadly weapon on school property;
may be expelled for not more than one (1) calendar year.

STATUTES
20-33-2-25. Habitual absence from school; report to juvenile intake officer or department of child
services.
The superintendent or an attendance officer having jurisdiction shall report a child who is habitually
absent from school in violation of this chapter to an intake officer of the juvenile court or the department of
child services. The intake officer or the department of child services shall proceed in accord with IC 31-30
through IC 31-40.

STATUTES
20-33-2-23. Powers of certain officers to take children into custody.
(a) Each school attendance officer, sheriff, marshal, and police officer in Indiana may take into custody
any child who:
(1) is required to attend school under this chapter; and
(2) is found during school hours, unless accompanied:
(A) by a parent; or
(B) with the consent of a parent, by a relative by blood or marriage who is at least eighteen (18) years
of age; in a public place, in a public or private conveyance, or in a place of business open to the
public.
(b) When an officer takes a child into custody under this section, the officer shall immediately deliver the
child to the principal of the public or nonpublic school in which the child is enrolled. If a child is not
enrolled in any school, then the officer shall deliver the child into the custody of the principal of the public
school in the attendance area in which the child resides. If a child is taken to the appropriate school and
the principal is unavailable, the acting chief administrative officer of the school shall take custody of the
child.
(c) The powers conferred under this section may be exercised without warrant and without subsequent
legal proceedings.
Page 19
20-33-2-24. Principal; duties when truant child received.

(a) When a child is delivered into the custody of a principal or acting chief administrative officer under
section 23 of this chapter, the principal or officer shall immediately place the child in class in the grade or
course of study in which the child is enrolled or to which the child may be properly assigned.
(b) A child who is placed in class under this section shall not be kept at school beyond the regular hour of
dismissal on that day for the grade or course of study in which the child is placed. As promptly as
reasonably possible after placing a child in class under this section, the principal or acting chief
administrative officer shall attempt to advise the child's parent of the facts of the case by telephone. The
principal or acting chief administrative officer shall advise the parent of the facts of the case by mail on
the same day the principal or officer receives the child.
services.
through IC 31-40.
20-33-2-26. Enforcement of chapter.
(a) It is the duty of each:
(1) superintendent;
(2) attendance officer;
(3) state attendance official;
(4) security police officer appointed under IC 36-8-3-7; and
(5) school corporation police officer appointed under IC 20-26-16;
to enforce this chapter in their respective jurisdictions and to execute the affidavits authorized under this
section. The duty is several, and the failure of one (1) or more to act does not excuse another official from
the obligation to enforce this chapter.
(b) An affidavit against a parent for a violation of this chapter shall be prepared and filed in the same
manner and under the procedure prescribed for filing affidavits for the prosecution of public offenses.
(c) An affidavit under this section shall be filed in a court with jurisdiction in the county in which the
affected child resides. The prosecuting attorney shall file and prosecute actions under this section as in
other criminal cases. The court shall promptly hear cases brought under this section.
Substance use
STATUTES
5-2-10-2. Purpose; composition of fund.
The state drug free communities fund is established to promote comprehensive alcohol and drug abuse
prevention initiatives by supplementing state and federal funding for the coordination and provision of
treatment, education, prevention, and criminal justice efforts. The fund consists of amounts deposited:
(1) under IC 33-37-9-4; and
(2) from any other public or private source.
Page 20
20-33-9-1. Application of chapter.

Sections 5 through 9 of this chapter apply to the following:
(1) A violation under IC 7.1-5-7 (concerning minors and alcoholic beverages).
(2) A violation under IC 35-48-4 (offenses related to controlled substances).
corporation employing the member, shall immediately report in writing to a law enforcement officer.

STATUTES
20-33-8-0.2. Bullying.
(a) As used in this chapter, bullying means overt, unwanted, repeated acts or gestures, including verbal
or written communications or images transmitted in any manner (including digitally or electronically),
physical acts committed, aggression, or any other behaviors, that are committed by a student or group of
students against another student with the intent to harass, ridicule, humiliate, intimidate, or harm the
targeted student and create for the targeted student an objectively hostile school environment that:
(1) places the targeted student in reasonable fear of harm to the targeted student's person or property;
(2) has a substantially detrimental effect on the targeted student's physical or mental health;
(3) has the effect of substantially interfering with the targeted student's academic performance; or
(4) has the effect of substantially interfering with the targeted student's ability to participate in or benefit
from the services, activities, and privileges provided by the school.
(b) The term may not be interpreted to impose any burden or sanction on, or include in the definition of
the term, the following:
(1) Participating in a religious event.
(2) Acting in an emergency involving the protection of a person or property from an imminent threat of
serious bodily injury or substantial danger.
(3) Participating in an activity consisting of the exercise of a student's rights protected under the First
Amendment to the United States Constitution or Article I, Section 31 of the Constitution of the State of
Indiana, or both.
Page 21
(4) Participating in an activity conducted by a nonprofit or governmental entity that provides recreation,
education, training, or other care under the supervision of one (1) or more adults.
(5) Participating in an activity undertaken at the prior written direction of the student's parent.
(6) Engaging in interstate or international travel from a location outside Indiana to another location
outside Indiana.
chapter must:
intervention.
(1) computer;

Page 22

Prevention
STATUTES
(1) under IC 33-37-9-4; and

STATUTES
(B) for counseling.
Page 23

expulsion.
Page 24

STATUTES
20-33-9-10. Duty to report threat.
In addition to any other duty to report arising under this article, an individual who has reason to believe
that a school employee:
(1) has received a threat;
(2) is the victim of intimidation;
(3) is the victim of battery; or
(4) is the victim of harassment;
shall report that information as required by this chapter.
20-33-9-11. Procedure to make report.
(a) If an individual who is required to make a report under this chapter is a member of the staff of a
school, the individual shall make the report by immediately notifying the principal of the school that a
school employee may have received a threat or may be the victim of intimidation, battery, or harassment.
(b) An individual who receives a report under subsection (a) shall immediately make a report or cause a
report to be made under section 13 of this chapter.
STATUTES
20-33-2-24. Principal; duties when truant child received.
(b) A child who is placed in class under this section shall not be kept at school beyond the regular hour of
dismissal on that day for the grade or course of study in which the child is placed. As promptly as
reasonably possible after placing a child in class under this section, the principal or acting chief
administrative officer shall attempt to advise the child's parent of the facts of the case by telephone. The
principal or acting chief administrative officer shall advise the parent of the facts of the case by mail on
the same day the principal or officer receives the child.
Page 25
20-33-8-26. Rules requiring participation in disciplinary action by person caring for dependent
student.
(a) The governing body of a school corporation may adopt rules that require a person having care of a
dependent student to participate in an action taken under this chapter in connection with a student's
behavior. The rules must include the following:
(1) Procedures for giving actual notice to the person having care of the dependent student.
(2) A description of the steps that the person must take to participate in the school corporation's action.
(3) A description of the additional actions in connection with the student's behavior that are justified in
part or in full if the person does not participate in the school corporation's action.
(b) A dependent student is a child in need of services under IC 31-34-1-7 if, before the student child
becomes eighteen (18) years of age:
(1) the student's parent fails to participate in a disciplinary proceeding in connection with the student's
improper behavior, as provided for by this section, if the behavior of the student has been repeatedly
disruptive in the school; and
(2) the student needs care, treatment, or rehabilitation that the child:
(A) is not receiving; and
(B) is unlikely to be provided or accepted without the coercive intervention of the court.

STATUTES
services.
through IC 31-40.
corporation employing the member, shall immediately report:
(1) a general description of the violation;
(2) the name or a general description of each violator known to the member;
(3) the date, time, and and place of the violation;
Page 26
(4) the name or a general description of each person who the member knows witnessed any part of the
violation; and
(5) a general description and the location of any property that the member knows was involved in the
violation;
in writing to a law enforcement officer.
20-33-9-13. Oral report to local law enforcement agency.
An individual who has a duty under sections 10 through 12 of this chapter to report that a school
employee may have received a threat or may be the victim of intimidation, battery, or harassment shall
immediately make an oral report to the local law enforcement agency.

STATUTES
20-33-9-7. Privileged or confidential information.
A report is not required under sections 5 through 6 of this chapter if:
(1) a federal statute or regulation;
(2) IC 20-28-10-17, IC 25-33-1-17, IC 34-46-3-1, or another state statute; or
(3) a rule adopted by a state agency;
imposes a duty on the employee of the school corporation or member of the administrative staff not to
disclose privileged or confidential information that otherwise would have been the basis of a report.

STATUTES
chapter must:
intervention.
(1) computer;
Page 27

STATUTES
20-33-2-23. Powers of certain officers to take children into custody.
(a) Each school attendance officer, sheriff, marshal, and police officer in Indiana may take into custody
any child who:
(1) is required to attend school under this chapter; and
(2) is found during school hours, unless accompanied:
(A) by a parent; or
(B) with the consent of a parent, by a relative by blood or marriage who is at least eighteen (18) years
of age; in a public place, in a public or private conveyance, or in a place of business open to the
public.
(b) When an officer takes a child into custody under this section, the officer shall immediately deliver the
child to the principal of the public or nonpublic school in which the child is enrolled. If a child is not
enrolled in any school, then the officer shall deliver the child into the custody of the principal of the public
school in the attendance area in which the child resides. If a child is taken to the appropriate school and
the principal is unavailable, the acting chief administrative officer of the school shall take custody of the
child.
(c) The powers conferred under this section may be exercised without warrant and without subsequent
legal proceedings.

STATUTES
services.
through IC 31-40.
20-33-2-26. Enforcement of chapter.
(a) It is the duty of each:
(1) superintendent;
(2) attendance officer;
(3) state attendance official;
Page 28
(4) security police officer appointed under IC 36-8-3-7; and

(5) school corporation police officer appointed under IC 20-26-16;
to enforce this chapter in their respective jurisdictions and to execute the affidavits authorized under this
section. The duty is several, and the failure of one (1) or more to act does not excuse another official from
the obligation to enforce this chapter.
(b) An affidavit against a parent for a violation of this chapter shall be prepared and filed in the same
manner and under the procedure prescribed for filing affidavits for the prosecution of public offenses.
(c) An affidavit under this section shall be filed in a court with jurisdiction in the county in which the
affected child resides. The prosecuting attorney shall file and prosecute actions under this section as in
other criminal cases. The court shall promptly hear cases brought under this section.
Page 29

STATUTES
(1) under IC 33-37-9-4; and
Page 30
Other/Uncategorized
STATUTES
(b) In all matters relating to the discipline and conduct of students, school corporation personnel:
(3) have qualified immunity with respect to a disciplinary action taken to promote student conduct under
subdivision (2) if the action is taken in good faith and is reasonable.
20-33-9-8. Immunity from civil liability; presumption of good faith.
(a) A person, other than a person who has committed a violation under section 1 of this chapter or a
delinquent act that would be a violation under section 1 of this chapter if the violator were an adult, who:
(1) makes a report under this chapter in good faith;
(2) participates in good faith in a judicial proceeding resulting from a report under this chapter;
(3) employs a person described in subdivision (1) or (2); or
(4) supervises a person described in subdivision (1) or (2);
is not liable for civil damages or penalties that might otherwise be imposed because of the conduct
described in subdivisions (1) through (4).
(b) A person described in subsection (a)(1) or (a)(2) is presumed to act in good faith.
20-33-9-14. Immunity from liability.
Except as provided in section 15 of this chapter, an individual, other than a person accused of making a
threat against a school employee, intimidating a school employee, committing a battery against a school
employee, or harassing a school employee, who:
(1) makes, or causes to be made, a report under this chapter; or
(2) participates in any judicial proceeding or other proceeding:
(A) resulting from a report under this chapter; or
(B) relating to the subject matter of the report;
is immune from any civil or criminal liability that might otherwise be imposed because of such actions.
20-33-9-15. Liability.
An individual who has acted maliciously or in bad faith is not immune from civil or criminal liability under
this chapter.
20-33-9-16. Good faith.
An individual making a report under sections 10 through 14 of this chapter or assisting in any requirement
of sections 10 through 14 of this chapter is presumed to have acted in good faith.
Page 31

STATUTES
expulsion.
Other/Uncategorized
STATUTES
20-33-8-21. Scope of judicial review.
Judicial review of a governing body's action under this chapter by the circuit or superior court of the
county in which a student who is the subject of the governing body's action resides is limited to the issue
of whether the governing body acted without following the procedure required under this chapter.
20-33-8-28. Waiver of rights.
Any rights granted to a student or a student's parent by this chapter may be waived only by a written
instrument signed by both the student and the student's parent. The waiver is valid if made:
(1) voluntarily; and
Page 32
(2) with the knowledge of the:

(A) procedures available under this chapter; and
(B) consequences of the waiver.
20-33-8-31. Effect of suspension or expulsion on compulsory attendance laws.
If a student is suspended or expelled from school or from any educational function under this chapter, the
student's absence from school because of the suspension or expulsion is not a violation of:
(1) IC 20-33-2; or
(2) any other statute relating to compulsory school attendance.
(1) student; and
(b) A student who uses a locker that is the property of a school corporation is presumed to have no
expectation of privacy in:
(1) that locker; or
(2) the locker's contents.
(c) In accordance with the rules of the governing body, a principal may search:
(1) a student's locker; and
(2) the locker's contents;
at any time.
(d) A law enforcement agency having jurisdiction over the geographic area having a school facility
containing a student's locker may:
(1) at the request of the school principal; and
(2) in accordance with rules of the governing body of the school corporation;
assist a school administrator in searching a student's locker and the locker's contents.
20-33-8-33. Duty to submit information to bureau of motor vehicles.
Before February 1 and before October 1 of each year, except when a hearing has been requested to
determine financial hardship under IC 9-24-2-1(a)(4), a principal shall submit to the bureau of motor
vehicles the pertinent information concerning an individual's ineligibility under IC 9-24-2-1 to be issued a
driver's license or learner's permit, or concerning the suspension of driving privileges under IC 9-24-2-4.
Page 33
20-33-9-10. Duty to report threat.

In addition to any other duty to report arising under this article, an individual who has reason to believe
that a school employee:
(1) has received a threat;
(2) is the victim of intimidation;
(3) is the victim of battery; or
(4) is the victim of harassment;
shall report that information as required by this chapter.
20-33-9-11. Procedure to make report.
(a) If an individual who is required to make a report under this chapter is a member of the staff of a
school, the individual shall make the report by immediately notifying the principal of the school that a
school employee may have received a threat or may be the victim of intimidation, battery, or harassment.
(b) An individual who receives a report under subsection (a) shall immediately make a report or cause a
report to be made under section 13 of this chapter.
20-33-9-12. Relief of obligation to report.
This chapter does not relieve an individual of the obligation to report a threat, intimidation, a battery, or
harassment on the individual's own behalf, unless a report has already been made to the best of the
individual's belief.
Page 34

School Discipline
resources provided by Indiana provide additional context to state policy and regulations and, in some
Title
Description
Website
No relevant
resources found
Documents
No relevant
resources found
Other Resources
No relevant
resources found
Page 35
Iowa
Discipline Laws and
Regulations
Introduction
document.
Notes & Disclaimers

Prepared by:
Child Trends
Suite 1200W
Suite 110
Table of Contents
Iowa State Codes Cited .............................................................................................................................. 1
Scope ........................................................................................................................................................ 4
Other weapons ........................................................................................................................................ 14
Substance use......................................................................................................................................... 16
Prevention ............................................................................................................................................... 20
Iowa State Codes Cited

Iowa Revised Statutes
2013 Iowa Code
Title VII. Education and Cultural Affairs
Subtitle 6. School Districts
Chapter 279. Directors Powers and Duties
279.9.
279.9A.
279.9B.
279.58.
279.66.
Use of tobacco, alcoholic beverages, or controlled substances

Information sharing
Reports to juvenile authorities
School dress code policies
Discipline and personal conduct standards
Chapter 280. Uniform School Requirements

280.9B.
280.17A.
280.17B.
280.21.
280.21B.
280.24.
280.25.
280.26.
280.27.
280.28.
Violence prevention curriculum

Procedures for handling dangerous weapons
Students suspended or expelled for possession of dangerous weapons
Corporal punishment burden of proof
Expulsion weapons in school
Procedures for reporting drug or alcohol possession or use
Information sharing interagency agreements
Intervention in altercations
Reporting violence immunity
Harassment and bullying prohibited policy immunity
Chapter 282. School Attendance and Tuition

282.4.
282.5.
299.9.
299.15.
Suspension expulsion
Readmission of student
Truants rules for punishment
Reports by school officers and employees
Title IV. Public Health

Subtitle 1. Alcoholic Beverages and Controlled Substances
124.401B.
Possession of controlled substances on certain real property additional

penalty
Iowa Compilation of School Discipline Laws and Regulations
Page 1
Title VII Education and Cultural Affairs

Subtitle 6 School Districts
Chapter 280 Uniform School Requirements
280.12.
280.19.
School improvement advisory committee

Plans for at-risk children
Chapter 299. Compulsory Education

299.1.
299.10.
299.11.
Attendance requirements
Truancy officers appointment
Duties of truancy officer
Title XVI. Criminal Law and Procedure

Subtitle 1. Crime Control and Criminal Acts
Chapter 708. Assault
708.10.
Hazing
Subtitle 2. Criminal Procedure

Chapter 808A. Student Searches
808A.2.
Searches of students, protected student areas, lockers, desks, and other

facilities or spaces
Iowa Administrative Code

Educational Department [281]
Chapter 103. Corporal Punishment Ban; Restraint; Physical Confinement and Detention
281103.1(256B,280).
281103.2(256B,280).
281103.3(256B,280).
281103.4(256B,280).
281103.6(256B,280).
281103.8(256B,280).
Purpose
Ban on corporal punishment
Exclusions
Exceptions and privileges
Physical confinement and detention
Additional provisions concerning physical restraint
Transportation Department [761]

Chapter 615. Sanctions
761615.32(321).
Suspension for juveniles failure to attend school
Page 2
General Provisions
STATUTES
279.58. School dress code policies.
2. The board of directors of a school district may adopt, for the district or for an individual school within
the district, a dress code policy that prohibits students from wearing gang-related or other specific apparel
if the board determines that the policy is necessary for the health, safety, or positive educational
environment of students and staff in the school environment or for the appropriate discipline and
operation of the school. Adoption and enforcement of a dress code policy is not a violation of section
280.22.
279.66. Discipline and personal conduct standards.
The board of directors of a school district shall review and modify existing policies related to student
discipline and student conduct that are designed to promote responsible behavior on school property and
at school functions in order that the policy shall govern the conduct of students, teachers and other school
personnel, and visitors; provide opportunities for students to exercise self-discipline and practice
cooperative classroom behavior; and encourage students and practitioners to model fairness, equity, and
respect. The policy shall specify the responsibilities of students, parents and guardians, and practitioners
in creating an atmosphere where all individuals feel a sense of respect, safety, and belonging, and shall
set forth the consequences for unacceptable behavior. The policy shall be published in the student
handbook.
280.24. Procedures for reporting drug or alcohol possession or use.
The board of directors of each public school and the authorities in charge of each accredited nonpublic
school shall prescribe procedures to report any use or possession of alcoholic liquor, wine, or beer or any
controlled substance on school premises to local law enforcement agencies, if the use or possession is in
violation of school policy or state law. The procedures may include a provision which does not require a
report when the school officials have determined that a school at-risk or other student assistance program
would be jeopardized if a student self reports.
280.28. Harassment and bullying prohibited policy immunity.
3. Policy. On or before September 1, 2007, the board of directors of a school district and the authorities in
charge of each accredited nonpublic school shall adopt a policy declaring harassment and bullying in
schools, on school property, and at any school function, or school-sponsored activity regardless of its
location, in a manner consistent with this section, as against state and school policy.
299.9. Truants rules for punishment.
The board of directors of a public school district or the authorities in charge of an accredited nonpublic
school shall prescribe reasonable rules for the punishment of truants.
Page 3
Scope
STATUTES
279.66. Discipline and personal conduct standards.
The board of directors of a school district shall review and modify existing policies related to student
discipline and student conduct that are designed to promote responsible behavior on school property and
at school functions in order that the policy shall govern the conduct of students, teachers and other school
personnel, and visitors; provide opportunities for students to exercise self-discipline and practice
cooperative classroom behavior; and encourage students and practitioners to model fairness, equity, and
respect. The policy shall specify the responsibilities of students, parents and guardians, and practitioners
in creating an atmosphere where all individuals feel a sense of respect, safety, and belonging, and shall
set forth the consequences for unacceptable behavior. The policy shall be published in the student
handbook.
282.4. Suspension expulsion.
2. a. A student who commits an assault, as defined under section 708.1, against a school employee in a
school building, on school grounds, or at a school-sponsored function shall be suspended for a time to be
determined by the principal. Notice of the suspension shall be immediately sent to the president of the
board. By special meeting or at the next regularly scheduled board meeting, the board shall review the
suspension and decide whether to hold a disciplinary hearing to determine whether or not to order further
sanctions against the student, which may include expelling the student. In making its decision, the board
shall consider the best interests of the school district, which shall include what is best to protect and
ensure the safety of the school employees and students from the student committing the assault.
STATUTES
location, in a manner consistent with this section, as against state and school policy. The board and the
authorities shall make a copy of the policy available to all school employees, volunteers, students, and
parents or guardians and shall take all appropriate steps to bring the policy against harassment and
bullying and the responsibilities set forth in the policy to the attention of school employees, volunteers,
students, and parents or guardians.
Page 4


STATUTES
280.21. Corporal punishment burden of proof.
1. An employee of an accredited public school district, accredited nonpublic school, or area education
agency shall not inflict, or cause to be inflicted, corporal punishment upon a student. For purposes of this
section, corporal punishment means the intentional physical punishment of a student. An employees
physical contact with the body of a student shall not be considered corporal punishment if it is reasonable
and necessary under the circumstances and is not designed or intended to cause pain or if the employee
uses reasonable force, as defined under section 704.1, for the protection of the employee, the student, or
other students; to obtain the possession of a weapon or other dangerous object within a students control;
or for the protection of property. The department of education shall adopt rules to implement this section.
ADMINISTRATIVE CODE
281103.1(256B,280). Purpose.
In conjunction with Iowa Code section 280.21, the purpose of this chapter is to define and exemplify
generally the limitations placed on employees of public schools, accredited nonpublic schools, and area
education agencies in applying physical contact or force to enrolled students, and to require that any such
force or contact is reasonable and necessary under the circumstances. These rules also provide
requirements for administrators and staff of public schools, accredited nonpublic schools, and area
education agencies regarding the use of physical restraints and physical confinement and detention. The
applicability of this chapter to physical restraint or physical confinement and detention does not depend
on the terminology employed by the organization to describe physical restraint or physical confinement
and detention.
281103.2(256B,280). Ban on corporal punishment.
An employee of a public school district, accredited nonpublic school, or area education agency shall not
inflict, or cause to be inflicted, corporal punishment upon a student. Corporal punishment is defined to
mean the intentional physical punishment of a student. It includes the use of unreasonable or
unnecessary physical force, or physical contact made with the intent to harm or cause pain.
281103.3(256B,280). Exclusions.
Corporal punishment does not include the following:
Page 5
1. Verbal recrimination or chastisement directed toward a student;

2. Reasonable requests or requirements of a student engaged in activities associated with physical
education class or extracurricular athletics;
3. Actions consistent with and included in an individualized education program developed under the
Individuals with Disabilities Education Act, as reauthorized, Iowa Code chapter 256B, and 281
Chapter 41; however, under no circumstance shall an individualized education program violate the
provisions of this chapter;
4. Reasonable periods of detention, not in excess of school hours, or brief periods of before- and afterschool detention, in a seat, classroom or other part of a school facility, unless the detention is
accomplished by the use of material restraints applied to the person. If detention meets this chapters
definition of physical confinement and detention, the provisions of this chapter on physical
confinement and detention must be followed. For purposes of this chapter, material restraints do not
include devices, objects, or techniques required or ordered for reasons of safety (e.g., safety harnesses
on school buses) or for therapeutic or medical treatment (e.g., devices used for physical or occupational
therapy), provided those devices, objects, or techniques are so used, and used for no other purpose;
5. Actions by an employee subject to these rules toward a person who is not a student of the school or
receiving the services of an area education agency employing or utilizing the services of the employee.
281103.4(256B,280). Exceptions and privileges.
Notwithstanding rule 103.2(256B,280), no employee subject to these rules is prohibited from:
1. Using reasonable and necessary force, not designed or intended to cause pain, in order to
accomplish any of the following:
To quell a disturbance or prevent an act that threatens physical harm to any person.
To obtain possession of a weapon or other dangerous object within a pupils control.
For the purposes of self-defense or defense of others as provided for in Iowa Code section 704.3.
For the protection of property as provided for in Iowa Code section 704.4 or 704.5.
To remove a disruptive pupil from class or any area of school premises, or from school-sponsored
activities off school premises.
To prevent a student from the self-infliction of harm.
To protect the safety of others.
2. Using incidental, minor, or reasonable physical contact to maintain order and control.
An employee subject to these rules is not privileged to use unreasonable force to accomplish any of the
purposes listed above.

STATUTES
808A.2. Searches of students, protected student areas, lockers, desks, and other facilities or
spaces.
1. The school board of each public school and the authorities in charge of each nonpublic school shall
establish and may search a student or protected student area pursuant to a student search rule. The
student search rule shall be published in each public schools and each nonpublic schools student
handbook. A school official may search individual students and individual protected student areas if both
of the following apply:
Page 6
a. The official has reasonable grounds for suspecting that the search will produce evidence that a
student has violated or is violating either the law or a school rule or regulation.
b. The search is conducted in a manner which is reasonably related to the objectives of the search and
which is not excessively intrusive in light of the age and gender of the student and the nature of the
infraction.
2. School officials may conduct periodic inspections of all, or a randomly selected number of, school
lockers, desks, and other facilities or spaces owned by the school and provided as a courtesy to a
student. The furnishing of a school locker , desk, or other facility or space owned by the school and
provided as a courtesy to a student shall not create a protected student area, and shall not give rise to an
expectation of privacy on a students part with respect to that locker , desk, facility, or space. Allowing
students to use a separate lock on a locker , desk, or other facility or space owned by the school and
provided to the student shall also not give rise to an expectation of privacy on a students part with
respect to that locker , desk, facility, or space. However, each year when school begins, the school district
shall provide written notice to all students and the students parents, guardians, or legal custodians, that
school officials may conduct periodic inspections of school lockers, desks, and other facilities or spaces
owned by the school and provided as a courtesy to a student without prior notice. An inspection under
this subsection shall either occur in the presence of the students whose lockers are being inspected or
the inspection shall be conducted in the presence of at least one other person.

Page 7

STATUTES
279.9. Use of tobacco, alcoholic beverages, or controlled substances.
The rules shall prohibit the use of tobacco and the use or possession of alcoholic liquor, wine, or beer or
any controlled substance as defined in section 124.101, subsection 5, by any student of the schools and
the board may suspend or expel a student for a violation of a rule under this section.
1. The board may, by a majority vote, expel any student from school for a violation of the regulations or
rules established by the board, or when the presence of the student is detrimental to the best interests of
the school. The board may confer upon any teacher, principal, or superintendent the power temporarily to
suspend a student, notice of the suspension being at once given in writing to the president of the board.

STATUTES
280.17B. Students suspended or expelled for possession of dangerous weapons.
The board of directors of a public school and the authorities in control of a nonpublic school shall
prescribe procedures for continued school involvement with a student who is suspended or expelled for
possession of a dangerous weapon, as defined in section 702.7, on school premises in violation of state
law and for the reintegration of the student into the school following the suspension or expulsion .
280.21B. Expulsion weapons in school.
The board of directors of a school district and the authorities in charge of a nonpublic school which
receives services supported by federal funds shall expel from school for a period of not less than one
year a student who is determined to have brought a weapon to a school or knowingly possessed a
weapon at a school under the jurisdiction of the board or the authorities. However, the superintendent or
chief administering officer of a school or school district may modify expulsion requirements on a case-bycase basis. This section shall not be construed to prevent the board of directors of a school district or the
authorities in charge of a nonpublic school that have expelled a student from the students regular school
setting from providing educational services to the student in an alternative setting. If both this section and
section 282.4 apply, this section takes precedence over section 282.4. For purposes of this section,
weapon means a firearm as defined in 18 U.S.C. 921. This section shall be construed in a manner
consistent with the federal Individuals with Disabilities Education Act, 20 U.S.C. 1400 et seq.
2. a. A student who commits an assault, as defined under section 708.1, against a school employee in a
school building, on school grounds, or at a school-sponsored function shall be suspended for a time to be
determined by the principal. Notice of the suspension shall be immediately sent to the president of the
board. By special meeting or at the next regularly scheduled board meeting, the board shall review the
suspension and decide whether to hold a disciplinary hearing to determine whether or not to order further
Page 8
sanctions against the student, which may include expelling the student. In making its decision, the board
shall consider the best interests of the school district, which shall include what is best to protect and
ensure the safety of the school employees and students from the student committing the assault.

STATUTES
b. A student shall not be suspended or expelled pursuant to this section if the suspension or expulsion
would violate the federal Individuals with Disabilities Education Act.

STATUTES
279.9A. Information sharing.
The rules referred to in section 279.9 shall provide that upon the request of school officials of a school to
which the student seeks to transfer or has transferred, school officials of the sending school shall provide
an accurate record of any suspension or expulsion actions taken, and the basis for those actions taken,
against the student under sections 279.9, 280.19A, 282.3, 282.4, and 282.5. The designated
representative shall disclose this information only to those school employees whose duties require them
to be involved with the student. For purposes of this section, school employees means persons
employed by a nonpublic school or school district, or any area education agency staff member who
provides services to a school or school district.
279.9B. Reports to juvenile authorities.
The rules adopted under section 279.8 shall require, once school officials have been notified by a juvenile
court officer that a student attending the school is under supervision or has been placed on probation,
that school officials shall notify the juvenile court of each unexcused absence or suspension or expulsion
of the student.

STATUTES
Page 9
3. Notwithstanding section 282.6, if a student has been expelled or suspended from school and has not
met the conditions of the expulsion or suspension, the student shall not be permitted to enroll in a school
district until the board of directors of the school district approves, by a majority vote, the enrollment of the
student.
282.5. Readmission of student.
When a student is suspended by a teacher, principal, or superintendent, pursuant to section 282.4, the
student may be readmitted by the teacher, principal, or superintendent when the conditions of the
suspension have been met, but when expelled by the board the student may be readmitted only by the
board or in the manner prescribed by the board.

ADMINISTRATIVE CODE
281103.1(256B,280). Purpose.
In conjunction with Iowa Code section 280.21, the purpose of this chapter is to define and exemplify
generally the limitations placed on employees of public schools, accredited nonpublic schools, and area
education agencies in applying physical contact or force to enrolled students, and to require that any such
force or contact is reasonable and necessary under the circumstances. These rules also provide
requirements for administrators and staff of public schools, accredited nonpublic schools, and area
education agencies regarding the use of physical restraints and physical confinement and detention. The
applicability of this chapter to physical restraint or physical confinement and detention does not depend
on the terminology employed by the organization to describe physical restraint or physical confinement
and detention.
281103.6(256B,280). Physical confinement and detention.
If a student is physically confined and detained in a portion of a school facility, the following conditions
shall be observed. For the purposes of this chapter, physical confinement and detention means the
confinement of a student in a time-out room or some other enclosure, whether within or outside the
classroom, from which the students egress is restricted.
1. The area of confinement and detention shall be of reasonable dimensions, and shall be free from
hazards and dangerous objects or instruments, considering the age, size, and physical and mental
condition of the student subject to confinement and detention;
2. There shall be sufficient light and adequate ventilation for human habitation;
3. A comfortable temperature shall be maintained, consistent with the facility that includes the
confinement and detention area;
4. Reasonable break periods shall be afforded the student to attend to bodily needs. However, sleep
shall not be considered a bodily need for purposes of this subrule;
5. The period of detention and confinement is reasonable, considering the age, size, and physical and
mental condition of the student subject to confinement and detention, and not in excess of the hours in
a school day as defined by local board policy or rule; however, reasonable periods of before- and afterschool detention are permissible. If a period of physical confinement and detention exceeds the shorter
of 60 minutes or the schools typical class period, staff members shall evaluate the continued need for
Page 10
physical confinement and detention, shall obtain administrator (or designee) approval for any continued
confinement and detention, and shall comply with any administrator (or designee) directives concerning
any continued confinement and detention;
6. Adequate and continuous adult supervision is provided;
7. Material restraints applied to the person are not used to effect confinement;
8. If a room or enclosure used for physical confinement and detention has a locking mechanism, such
room and mechanism shall comply with all applicable building code requirements and the following
additional requirements:
If a locking mechanism is used, it shall be constructed so it will engage only when a handle, knob, or
other device is held in position by a person, unless the mechanism is electrically or electronically
controlled and automatically releases when the buildings fire alarm system is activated, the buildings
severe weather warning system is activated, or electrical power to the mechanism is interrupted.
When the locking mechanism is released, the door must be able to be readily opened from the inside.
If a locking mechanism requires a handle, knob, or other device to be held in position by a person before
the mechanism is engaged, no person shall take any action, or cause such action to be taken, or employ
any object, device, or instrument, or cause such to be employed, that disables the handle, knob, or other
device such that the locking mechanism engages or remains engaged without the handle, knob, or other
device being held in position by a person.
281103.7(256B,280). Additional minimum mandatory procedures.
If a public school, accredited nonpublic school, or area education agency seeks to use physical restraint
or physical confinement and detention, or both, it shall do so in compliance with the minimum
requirements of this chapter. The board of a public school, accredited nonpublic school, or area education
agency may adopt policies and procedures regarding the use of physical restraint or physical confinement
and detention, or both, that exceed the minimum requirements contained in this chapter. Additional
minimum mandatory procedures are as follows:
1. Physical restraint and physical confinement and detention shall not be used as discipline for minor
infractions and may be used only after other disciplinary techniques have been attempted, if reasonable
under the circumstances;
2. All school employees, before using physical restraint or physical confinement and detention, shall
receive adequate and periodic training, which shall be documented and which shall include training on
these rules and the employers policies and procedures; positive behavior interventions and supports;
disciplinary alternatives to seclusion and restraint; crisis prevention, crisis intervention, and crisis deescalation techniques; student and staff debriefing; and the safe and effective use of physical restraint
and physical confinement and detention;
3. Parents and students are notified at least annually of the provisions of this chapter and of any
additional policies and procedures of the public school, accredited nonpublic school, or area education
agency on physical restraint and physical confinement and detention;
4. Any physical restraint shall be reasonable and necessary in duration, in light of the provisions of this
chapter;
5. If a student is subjected to physical restraint or physical confinement and detention, the public school,
accredited nonpublic school, or area education agency shall maintain documentation for each such
occurrence, which shall contain at least the following information:
The names of the student and the employees involved in the restraint, confinement, or detention, as
well as the administrator who authorizes any additional periods of confinement or detention pursuant
to numbered paragraph 5 of rule 103.6(256B,280);
Page 11
The date, time, and duration of the occurrence;

The actions of the student before, during, and after the occurrence;
The actions of the employees involved in the occurrence before, during, and after the occurrence,
including student and staff debriefing;
The alternatives to physical restraint or physical confinement and detention attempted before the
occurrence;
A description of any injuries (whether to the student or others) and any property damage;
A description of future approaches to the students behavior;
6. The public school, accredited nonpublic school, or area education agency shall attempt to notify a
childs parent or guardian on the same day the child is subjected to physical restraint or physical
confinement and detention; and
7. The students parent or guardian must be provided a written copy of the documentation required by
numbered paragraph 5 of this rule, which shall be postmarked within three school days of the
occurrence. The students parent or guardian may elect, in writing, to receive the communication
required by this numbered paragraph via electronic mail or facsimile transmission.
281103.8(256B,280). Additional provisions concerning physical restraint.
If an employee of a public school, accredited nonpublic school, or area education agency employs
physical restraint, the following provisions shall apply:
1. No employee shall use any prone restraints. For the purposes of this rule, prone restraints means
those in which an individual is held face down on the floor. Employees who find themselves involved in
the use of a prone restraint as the result of responding to an emergency must take immediate steps to
end the prone restraint;
2. No employee shall use any restraint that obstructs the airway of any child;
3. If an employee physically restrains a student who uses sign language or an augmentative mode of
communication as the students primary mode of communication, the student shall be permitted to have
the students hands free of restraint for brief periods, unless an employee determines that such freedom
appears likely to result in harm to self or others;
4. Nothing in this rule shall be construed as limiting or eliminating any immunity conferred by Iowa Code
section 280.21 or any other provision of law;
5. An agency covered by this chapter shall investigate any complaint or allegation that one or more of
its employees violated one or more of the provisions of this chapter. If an agency covered by this
chapter determines that one or more of its employees violated one or more of the provisions of this
chapter, the agency shall take appropriate corrective action. If any allegation involves a specific
student, the agency shall transmit to the parents of the student the results of its investigation, including,
to the extent permitted by law, any required corrective action;
6. If any alleged violation of this chapter is also an allegation of abuse as defined in rule 281
102.2(280), the procedures in 281Chapter 102 shall be applicable.
STATUTES
Page 12
Page 13

Conditions
STATUTES
280.17A. Procedures for handling dangerous weapons.
prescribe procedures requiring school officials to report to local law enforcement agencies any dangerous
weapon, as defined in section 702.7, possessed on school premises in violation of school policy or state
law.
280.21B. Expulsion weapons in school.
The board of directors of a school district and the authorities in charge of a nonpublic school which
receives services supported by federal funds shall expel from school for a period of not less than one
year a student who is determined to have brought a weapon to a school or knowingly possessed a
weapon at a school under the jurisdiction of the board or the authorities. However, the superintendent or
chief administering officer of a school or school district may modify expulsion requirements on a case-bycase basis. This section shall not be construed to prevent the board of directors of a school district or the
authorities in charge of a nonpublic school that have expelled a student from the students regular school
setting from providing educational services to the student in an alternative setting. If both this section and
section 282.4 apply, this section takes precedence over section 282.4. For purposes of this section,
weapon means a firearm as defined in 18 U.S.C. 921. This section shall be construed in a manner
consistent with the federal Individuals with Disabilities Education Act, 20 U.S.C. 1400 et seq.
Other weapons
STATUTES
law.
law and for the reintegration of the student into the school following the suspension or expulsion.
Page 14


STATUTES
of the student.
299.1. Attendance requirements.
1. Except as provided in section 299.2, the parent, guardian, or legal or actual custodian of a child who is
of compulsory attendance age, shall cause the child to attend some public school, an accredited
nonpublic school, or competent private instruction in accordance with the provisions of chapter 299A,
during a school year, as defined under section 279.10.
299.9. Truants rules for punishment.
The board of directors of a public school district or the authorities in charge of an accredited nonpublic
school shall prescribe reasonable rules for the punishment of truants.
299.10. Truancy officers appointment.
The board of each school district may appoint a truancy officer. The board of each school district, which
does not appoint a truancy officer for the district, shall designate a suitable person to collect information
on the numbers of children in the district who are truant.
The board may appoint a member of the police force, marshal, teacher, school official, or other suitable
person to serve as the district truancy officer.
299.11. Duties of truancy officer.
The truancy officer may take into custody without warrant any apparently truant child and place the child
in the charge of the school principal, or the principals designee, designated by the board of directors of
the school district in which the child resides, or of any nonpublic school designated by the parent,
guardian, or legal or actual custodian; but if it is other than a public school, the instruction and
maintenance of the child shall be without expense to the school district. If a child is taken into custody
under this section, the truancy officer shall make every reasonable attempt to immediately notify the
parent, guardian, or legal or actual custodian of the childs location.
299.15. Reports by school officers and employees.
All school officers and employees shall promptly report to the secretary of the school corporation any
violations of the truancy law of which they have knowledge, and the secretary shall inform the president of
the board of directors who shall, if necessary, call a meeting of the board to take such action thereon as
the facts justify.
Page 15
ADMINISTRATIVE CODE
761615.32(321). Suspension for juveniles failure to attend school.
(1) The department shall suspend the license of a person under the age of 18 upon receipt of notification
from the appropriate school authority that the person does not attend school.
(2) School means a public school, an accredited nonpublic school, competent private instruction in
accordance with the provisions of Iowa Code chapter 299A, an alternative school or adult education
classes.
(3) Appropriate school authority means the superintendent of a public school or the chief administrator
of an accredited nonpublic school, an alternative school or adult education.
(4) The suspension shall continue until the person reaches the age of 18 or until the department receives
notification from the appropriate school authority that the person is attending school.
Substance use
STATUTES
124.401B. Possession of controlled substances on certain real property additional penalty.
In addition to any other penalties provided in this chapter or another chapter, a person who unlawfully
possesses a substance listed in schedule I, II, or III, or a simulated controlled substance represented to
be a controlled substance classified in schedule I, II, or III, in or on, or within one thousand feet of the real
property comprising a public or private elementary or secondary school , public park, public swimming
pool, public recreation center, or on a marked school bus, may be sentenced to one hundred hours of
community service work for a public agency or a nonprofit charitable organization. The court shall provide
the offender with a written statement of the terms and monitoring provisions of the community service.
279.9. Use of tobacco, alcoholic beverages, or controlled substances.
The rules shall prohibit the use of tobacco and the use or possession of alcoholic liquor, wine, or beer or
any controlled substance as defined in section 124.101, subsection 5, by any student of the schools and
the board may suspend or expel a student for a violation of a rule under this section.

STATUTES
280.12. School improvement advisory committee.
The board of directors of each public school district and the authorities in charge of each nonpublic school
shall do the following:
1. Appoint a school improvement advisory committee to make recommendations to the board or
authorities. The advisory committee shall consist of members representing students, parents, teachers,
Page 16
administrators, and representatives from the local community, which may include representatives of
business, industry, labor, community agencies, higher education, or other community constituents. To
the extent possible, committee membership shall have balanced representation with regard to race,
gender, national origin, and disability.
2. Utilize the recommendations from the school improvement advisory committee to determine the
following:
f . Harassment or bullying prevention goals, programs, training, and other initiatives.
1. Purpose findings policy. The state of Iowa is committed to providing all students with a safe and
civil school environment in which all members of the school community are treated with dignity and
respect. The general assembly finds that a safe and civil school environment is necessary for students to
learn and achieve at high academic levels. Harassing and bullying behavior can seriously disrupt the
ability of school employees to maintain a safe and civil environment, and the ability of students to learn
and succeed. Therefore, it is the policy of the state of Iowa that school employees, volunteers, and
students in Iowa schools shall not engage in harassing or bullying behavior.
2. Definitions. For purposes of this section, unless the context otherwise requires:
a. Electronic means any communication involving the transmission of information by wire, radio,
optical cable, electromagnetic, or other similar means. Electronic includes but is not limited to
communication via electronic mail, internet-based communications, pager service, cell phones, and
electronic text messaging.
b. Harassment and bullying shall be construed to mean any electronic, written, verbal, or physical act
or conduct toward a student which is based on any actual or perceived trait or characteristic of the
student and which creates an objectively hostile school environment that meets one or more of the
following conditions:
(1) Places the student in reasonable fear of harm to the students person or property.
(2) Has a substantially detrimental effect on the students physical or mental health.
(3) Has the effect of substantially interfering with a students academic performance.
(4) Has the effect of substantially interfering with the students ability to participate in or benefit from
the services, activities, or privileges provided by a school.
c. Trait or characteristic of the student includes but is not limited to age, color, creed, national origin,
race, religion, marital status, sex, sexual orientation, gender identity, physical attributes, physical or
mental ability or disability, ancestry, political party preference, political belief, socioeconomic status, or
familial status.
d. Volunteer means an individual who has regular, significant contact with students.
location, in a manner consistent with this section, as against state and school policy. The board and the
authorities shall make a copy of the policy available to all school employees, volunteers, students, and
parents or guardians and shall take all appropriate steps to bring the policy against harassment and
bullying and the responsibilities set forth in the policy to the attention of school employees, volunteers,
students, and parents or guardians. Each policy shall, at a minimum, include all of the following
components:
a. A statement declaring harassment and bullying to be against state and school policy. The statement
shall include but not be limited to the following provisions:
Page 17
(1) School employees, volunteers, and students in school, on school property, or at any school
function or school-sponsored activity shall not engage in harassing and bullying behavior.
(2) School employees, volunteers, and students shall not engage in reprisal, retaliation, or false
accusation against a victim, witness, or an individual who has reliable information about such an act
of harassment or bullying.
b. A definition of harassment and bullying as set forth in this section.
c. A description of the type of behavior expected from school employees, volunteers, parents or
guardians, and students relative to prevention measures, reporting, and investigation of harassment or
bullying.
d. The consequences and appropriate remedial action for a person who violates the antiharassment
and antibullying policy.
e. A procedure for reporting an act of harassment or bullying, including the identification by job title of
the school official responsible for ensuring that the policy is implemented, and the identification of the
person or persons responsible for receiving reports of harassment or bullying.
f. A procedure for the prompt investigation of complaints, either identifying the school superintendent or
the superintendents designee as the individual responsible for conducting the investigation, including a
statement that investigators will consider the totality of circumstances presented in determining whether
conduct objectively constitutes harassment or bullying under this section.
g. A statement of the manner in which the policy will be publicized.
4. Programs encouraged. The board of directors of a school district and the authorities in charge of each
accredited nonpublic school are encouraged to establish programs designed to eliminate harassment and
bullying in schools. To the extent that funds are available for these purposes, school districts and
accredited nonpublic schools shall do the following:
a. Provide training on antiharassment and antibullying policies to school employees and volunteers who
have significant contact with students.
b. Develop a process to provide school employees, volunteers, and students with the skills and
knowledge to help reduce incidents of harassment and bullying.
5. Immunity. A school employee, volunteer, or student, or a students parent or guardian who promptly,
reasonably, and in good faith reports an incident of harassment or bullying, in compliance with the
procedures in the policy adopted pursuant to this section, to the appropriate school official designated by
the school district or accredited nonpublic school, shall be immune from civil or criminal liability relating to
such report and to participation in any administrative or judicial proceeding resulting from or relating to the
report.
6. Collection requirement. The board of directors of a school district and the authorities in charge of each
nonpublic school shall develop and maintain a system to collect harassment and bullying incidence data.
7. Integration of policy and reporting. The board of directors of a school district and the authorities in
charge of each nonpublic school shall integrate its antiharassment and antibullying policy into the
comprehensive school improvement plan required under section 256.7, subsection 21, and shall report
data collected under subsection 6, as specified by the department, to the local community.
8. Existing remedies not affected. This section shall not be construed to preclude a victim from seeking
administrative or legal remedies under any applicable provision of law.
708.10. Hazing.
1. a. A person commits an act of hazing when the person intentionally or recklessly engages in any act or
acts involving forced activity which endanger the physical health or safety of a student for the purpose
Page 18
of initiation or admission into, or affiliation with, any organization operating in connection with a school,
college, or university. Prohibited acts include, but are not limited to, any brutality of a physical nature
such as whipping, forced confinement, or any other forced activity which endangers the physical health
or safety of the student.
b. For purposes of this section, forced activity means any activity which is a condition of initiation or
admission into, or affiliation with, an organization, regardless of a students willingness to participate in
the activity.
2. A person who commits an act of hazing is guilty of a simple misdemeanor.
3. A person who commits an act of hazing which causes serious bodily injury to another is guilty of a
serious misdemeanor.

STATUTES
279.58. School dress code policies.
2. The board of directors of a school district may adopt, for the district or for an individual school within
the district, a dress code policy that prohibits students from wearing gang-related or other specific apparel
if the board determines that the policy is necessary for the health, safety, or positive educational
environment of students and staff in the school environment or for the appropriate discipline and
operation of the school. Adoption and enforcement of a dress code policy is not a violation of section
280.22.
Page 19

Prevention
STATUTES
280.9B. Violence prevention curriculum.
The department of education shall develop a statewide violence prevention program based on law-related
education. The department shall contract with a law-related education agency that serves the state and
provides a comprehensive plan to develop violence prevention curricula for grades kindergarten through
twelve, provide training to teachers and school administrators on violence prevention, and develop
school-community partnerships for violence prevention.

STATUTES
280.19. Plans for at-risk children.
The board of directors of each public school district shall incorporate, into the kindergarten admissions
program, criteria and procedures for identification and integration of at-risk children and their
developmental needs. This incorporation shall be part of the comprehensive school improvement plan
developed and implemented in accordance with section 256.7, subsection 21, paragraphs a and c.
Page 20

STATUTES
280.26. Intervention in altercations.
2. A person who is not an employee of an accredited public school district, accredited nonpublic school,
or area education agency may intervene in a fight or physical struggle occurring among students, or
between students and nonstudents, that takes place in the presence of the nonemployee in a school
building, on school premises, or at any school function or school-sponsored activity regardless of its
location. The intervention may occur in the absence of an employee of an accredited public school
district, accredited nonpublic school, or area education agency, or at the request of such an employee,
utilizing the degree and force of intervention reasonably necessary to restore order and protect the safety
of the individuals involved in the altercation and others in the vicinity of the altercation. However, a person
who intervenes in the absence of an employee of an accredited public school district, accredited
nonpublic school, or area education agency shall report the intervention and all relevant information
regarding the situation as soon as reasonably possible to such an employee.
299.15. Reports by school officers and employees.
All school officers and employees shall promptly report to the secretary of the school corporation any
violations of the truancy law of which they have knowledge, and the secretary shall inform the president of
the board of directors who shall, if necessary, call a meeting of the board to take such action thereon as
the facts justify.
STATUTES
808A.2. Searches of students, protected student areas, lockers, desks, and other facilities or
spaces.
2. School officials may conduct periodic inspections of all, or a randomly selected number of, school
lockers, desks, and other facilities or spaces owned by the school and provided as a courtesy to a
student. The furnishing of a school locker , desk, or other facility or space owned by the school and
provided as a courtesy to a student shall not create a protected student area, and shall not give rise to an
expectation of privacy on a students part with respect to that locker , desk, facility, or space. Allowing
students to use a separate lock on a locker , desk, or other facility or space owned by the school and
provided to the student shall also not give rise to an expectation of privacy on a students part with
respect to that locker , desk, facility, or space. However, each year when school begins, the school district
shall provide written notice to all students and the students parents, guardians, or legal custodians, that
school officials may conduct periodic inspections of school lockers, desks, and other facilities or spaces
owned by the school and provided as a courtesy to a student without prior notice. An inspection under
this subsection shall either occur in the presence of the students whose lockers are being inspected or
the inspection shall be conducted in the presence of at least one other person.
Page 21
ADMINISTRATIVE CODE
281103.7(256B,280). Additional minimum mandatory procedures.
6. The public school, accredited nonpublic school, or area education agency shall attempt to notify a
childs parent or guardian on the same day the child is subjected to physical restraint or physical
confinement and detention; and
7. The students parent or guardian must be provided a written copy of the documentation required by
numbered paragraph 5 of this rule, which shall be postmarked within three school days of the
occurrence. The students parent or guardian may elect, in writing, to receive the communication required
by this numbered paragraph via electronic mail or facsimile transmission.

STATUTES
of the student.
law.
280.25. Information sharing interagency agreements.
1. The board of directors of each public school and the authorities in charge of each accredited nonpublic
school shall adopt a policy and the superintendent of each public school shall adopt rules which provide
that the school district or school may share information contained within a students permanent record
pursuant to an interagency agreement with state and local agencies that are part of the juvenile justice
system. These agencies include, but are not limited to, juvenile court services, the department of human
services, and local law enforcement authorities. The disclosure of information shall be directly related to
the juvenile justice systems ability to effectively serve, prior to adjudication, the student whose records
are being released.
2. The purpose of the agreement shall be to reduce juvenile crime by promoting cooperation and
collaboration and the sharing of appropriate information among the parties in a joint effort to improve
school safety, reduce alcohol and illegal drug use, reduce truancy, reduce in-school and out-of-school
suspensions, and to support alternatives to in-school and out-of-school suspensions and expulsions
Page 22
which provide structured and well-supervised educational programs supplemented by coordinated and
appropriate services designed to correct behaviors that lead to truancy, suspension, and expulsions and
to support students in successfully completing their education.

STATUTES
279.9A. Information sharing.
The rules referred to in section 279.9 shall provide that upon the request of school officials of a school to
which the student seeks to transfer or has transferred, school officials of the sending school shall provide
an accurate record of any suspension or expulsion actions taken, and the basis for those actions taken,
against the student under sections 279.9, 280.19A, 282.3, 282.4, and 282.5. The designated
representative shall disclose this information only to those school employees whose duties require them
to be involved with the student. For purposes of this section, school employees means persons
employed by a nonpublic school or school district, or any area education agency staff member who
provides services to a school or school district.
280.25. Information sharing interagency agreements.
1. The board of directors of each public school and the authorities in charge of each accredited nonpublic
school shall adopt a policy and the superintendent of each public school shall adopt rules which provide
that the school district or school may share information contained within a students permanent record
pursuant to an interagency agreement with state and local agencies that are part of the juvenile justice
system. These agencies include, but are not limited to, juvenile court services, the department of human
services, and local law enforcement authorities. The disclosure of information shall be directly related to
the juvenile justice systems ability to effectively serve, prior to adjudication, the student whose records
are being released.
2. The purpose of the agreement shall be to reduce juvenile crime by promoting cooperation and
collaboration and the sharing of appropriate information among the parties in a joint effort to improve
school safety, reduce alcohol and illegal drug use, reduce truancy, reduce in-school and out-of-school
suspensions, and to support alternatives to in-school and out-of-school suspensions and expulsions
which provide structured and well-supervised educational programs supplemented by coordinated and
appropriate services designed to correct behaviors that lead to truancy, suspension, and expulsions and
to support students in successfully completing their education.

Page 23

STATUTES
299.10. Truancy officers appointment.
The board of each school district may appoint a truancy officer. The board of each school district, which
does not appoint a truancy officer for the district, shall designate a suitable person to collect information
on the numbers of children in the district who are truant.
The board may appoint a member of the police force, marshal, teacher, school official, or other suitable
person to serve as the district truancy officer.
299.11. Duties of truancy officer.
The truancy officer may take into custody without warrant any apparently truant child and place the child
in the charge of the school principal, or the principals designee, designated by the board of directors of
the school district in which the child resides, or of any nonpublic school designated by the parent,
guardian, or legal or actual custodian; but if it is other than a public school, the instruction and
maintenance of the child shall be without expense to the school district. If a child is taken into custody
under this section, the truancy officer shall make every reasonable attempt to immediately notify the
parent, guardian, or legal or actual custodian of the childs location.

Page 24

Page 25
Other/Uncategorized
STATUTES
280.21. Corporal punishment burden of proof.
2. A school employee who, in the reasonable course of the employees employment responsibilities,
comes into physical contact with a student shall be granted immunity from any civil or criminal liability
which might otherwise be incurred or imposed as a result of such physical contact, if the physical contact
is reasonable under the circumstances and involves the following:
a. Encouraging, supporting, or disciplining the student.
b. Protecting the employee, the student, or other students.
c. Obtaining possession of a weapon or other dangerous object within a students control.
d. Protecting employee, student, or school property.
e. Quelling a disturbance or preventing an act threatening physical harm to any person.
f. Removing a disruptive student from class or any area of the school premises, or from schoolsponsored activities off school premises.
g. Preventing a student from the self-infliction of harm.
h. Self-defense.
i. Any other legitimate educational activity.
280.27. Reporting violence immunity.
An employee of a school district, an accredited nonpublic school, or an area education agency who
participates in good faith and acts reasonably in the making of a report to, or investigation by, an
appropriate person or agency regarding violence, threats of violence, physical or sexual abuse of a
student, or other inappropriate activity against a school employee or student in a school building, on
school grounds, or at a school-sponsored function shall be immune from civil or criminal liability relating to
such action, as well as for participating in any administrative or judicial proceeding resulting from or
relating to the report or investigation.
5. Immunity. A school employee, volunteer, or student, or a students parent or guardian who promptly,
reasonably, and in good faith reports an incident of harassment or bullying, in compliance with the
procedures in the policy adopted pursuant to this section, to the appropriate school official designated by
the school district or accredited nonpublic school, shall be immune from civil or criminal liability relating to
such report and to participation in any administrative or judicial proceeding resulting from or relating to the
report.

Other/Uncategorized
Page 26

School Discipline
resources provided by Iowa provide additional context to state policy and regulations and, in some cases,
may support the readers efforts to provide a positive disciplinary school climate.
Title
Description
Anti-Bullying/AntiHarassment
Provides technical assistance on Iowas

anti-bullying/anti-harassment statute
http://educateiowa.gov/index.php?op
tion=com_content&view=article&id=1
030&Itemid=3329
Learning Supports
Initiative
Provides an overview about Iowas

learning supports efforts.
98&Itemid=3337
Positive Behavioral
Interventions and
Supports
Provides an overview of Iowas PBIS

efforts.
51&Itemid=3339
Safe Schools
Provides an overview of Iowas school

safety efforts
69&Itemid=3340
Timeout, Seclusion
& Restraint
Provides an overview of Iowas law

banning corporal punishment and
placing limits on seclusion and restraint.
002&Itemid=3342
Legal Lessons
Provides many short articles legal topics

of interest to school administrators,
including student discipline.
tion=com_content&view=category&id
=411&Itemid=2656
School Counseling
Provides a comprehensive overview of

school counseling services in Iowa
16&Itemid=3463
Website
Documents
No relevant
resources found
Other Resources
No relevant
resources found
Page 27
Kansas
Discipline Laws and
Regulations
Introduction
document.
Notes & Disclaimers

Prepared by:
Child Trends
Suite 1200W
Suite 110
Table of Contents
Kansas State Codes Cited.......................................................................................................................... 1
Scope ........................................................................................................................................................ 5
Other weapons ........................................................................................................................................ 15
Substance use......................................................................................................................................... 15
Prevention ............................................................................................................................................... 17
Kansas State Codes Cited

Kansas Revised Statutes
Chapter 72. Schools code
Article 9. Special Education
72-991a.
Change in placement of child with disability to alternative setting as disciplinary action for
certain behavior; duties of IEP team and hearing officer; behavioral assessment and
intervention plan; determination and review procedure
Article 11. School Attendance, Curriculum, and Accreditation

72-1113.
Same; noncompliance; duties of boards of education, secretary of social and

rehabilitation services, county and district attorneys; agreements between secretary and
county or district attorneys, duties; notification of absence to parents
Article 75. State Board of Education Regulation of School Buses

72-7538.
Disability history and awareness; objectives, guidelines and goals
Article 82. Organization, Powers and Finances of Boards of Education

72-8256.
Bullying, school district policies
72-8222.
School security officers and campus police officers
Article 89. Suspension and Expulsion of Pupils

72-8901.
72-8902.
72-8903.
72-8904.
72-8905.
72-8906.
72-8907.
72-8908.
Grounds for suspension or expulsion; who may suspend or expel

Duration of suspension or expulsion; notice; hearings, opportunity afforded, waiver, time,
who may conduct
Procedural due process requirements; record of appeal, costs; report of findings and
result of hearing; information regarding behavior improvement programs
Notice of hearing results; appeal to board of education; hearing officers; procedure
Nonapplication of compulsory attendance law
Powers and duties of persons conducting hearings
Refusal to admit suspended or expelled pupil authorized
Definitions
Article 89a. Weapon-Free Schools

72-89a01.
72-89a02.
72-89a03.
Definitions
Policies requiring expulsion of pupils for possession of weapons, adoption, filing;
hearings; modification of requirement authorized; referral procedure; annual report;
circumstances when policy not applicable
Duties of state board of education; failure of boards to adopt and file policies, penalties
Article 89b. School Safety and Security Act

72-89b02.
72-89b03.
Definitions
Information regarding identity of specified pupils, disclosure requirements; criminal acts,
reports to law enforcement agencies and state board of education; school safety and
security policies, availability; civil liability, immunity
Kansas Compilation of School Discipline Laws and Regulations
Page 1
72-89b04.
Penalties for failure to make reports, preventing or interfering with reports; sanctions for
making reports prohibited; immunity from liability
Article 89c. School Safety Violations, Suspension of Driving Privileges

72-89c01.
72-89c02.
Definitions
Suspension or revocation of driver's license or privilege upon certain school safety
violations; procedure
Kansas Administrative Code

Kansas State Department of Education Regulations
Chapter 91. Education Related Regulations
Article 15. School Conduct rules
91-15-1.
Policies or rules governing employees' and students' conduct
Article 40. Special Education

91-40-34.
91-40-36.
Short-term suspensions and interim placements; suspension of gifted children

Determination of services for children with disabilities suspended from school or placed in
interim alternative educational settings
Article 42. Emergency Safety Interventions

91-42-1.
91-42-2.
Definitions
Policy, documentation, and reporting requirements
Page 2
General Provisions
STATUTES
72-1113. Same; noncompliance; duties of boards of education, secretary of social and
rehabilitation services, county and district attorneys; agreements between secretary and county
or district attorneys, duties; notification of absence to parents.
(c)(2) Each board of education shall adopt rules for determination of valid excuse for absence from school
and for determination of what shall constitute a "significant part of a school day" for the purpose of this
section.
(c)(3) Each board of education shall designate one or more employees, who shall each be responsible for
determining the acceptability and validity of offered excuses for absence from school of specified children,
so that a designee is responsible for making such determination for each child enrolled in school.
72-89a03. Duties of state board of education; failure of boards to adopt and file policies, penalties.
(b) The state board of education shall provide boards of education with assistance in the preparation of
policies required to be adopted under subsection (a) of K.S.A. 72-89a02, and amendments thereto. If any
board of education fails to adopt and file a policy required to be adopted under subsection (a) of K.S.A.
72-89a02, and amendments thereto, the state board of education shall withhold funds made available
under the elementary and secondary education act of 1965, as amended, and shall exclude pupils
enrolled in any accredited nonpublic school under the jurisdiction of any such board of education from
participation in any federal program provided for under such act.
72-89b03. Information regarding identity of specified pupils, disclosure requirements; criminal
acts, reports to law enforcement agencies and state board of education; school safety and
security policies, availability; civil liability, immunity.
(b) Each board of education shall adopt a policy that includes:
(1) A requirement that an immediate report be made to the appropriate state or local law enforcement
agency by or on behalf of any school employee who knows or has reason to believe that an act has
been committed at school, on school property, or at a school supervised activity and that the act
involved conduct which constitutes the commission of a felony or misdemeanor or which involves the
possession, use or disposal of explosives, firearms or other weapons; and
(2) the procedures for making such a report.
ADMINISTRATIVE CODE
91-15-1. Policies or rules governing employees' and students' conduct.
(a) The board of education of each unified school district shall adopt policies or rules that govern the
conduct of the employees and students of the school district and that include procedures for enforcement
of the policies or rules.
(b) Before adopting the policies or rules, each board of education shall submit the policies or rules to legal
counsel for review.
Page 3
(c) After the adoption of the policies or rules, the clerk of the board of education shall maintain the policies
or rules in the permanent files of the school district. (Authorized by and implementing Article 6, Section
2(a) of the Kansas Constitution)
91-42-2. Policy, documentation, and reporting requirements.
(a) Each district shall develop and implement written policies to govern the use of emergency safety
interventions over all schools. At a minimum, written district policies shall conform to the definitions and
requirements of these regulations, including that seclusion and physical restraint shall be used only when
student conduct meets the definition of necessitating an emergency safety intervention. Parents shall be
annually provided with the written policies on the use of emergency safety interventions. The written
policies shall include the following:
(1) Policies and procedures for the use of emergency safety interventions:
(A) Policies and procedures shall prohibit the following:
(i) The use of prone, or face-down, physical restraint; supine, or face-up, physical restraint; physical
restraint that obstructs the airway of a student; or any physical restraint that impacts a student's
primary mode of communication;
(ii) the use of chemical restraint, except as prescribed treatments for a student's medical or
psychiatric condition by a person appropriately licensed to issue these treatments; and
(iii) the use of mechanical restraint, except those protective or stabilizing devices either ordered by a
person appropriately licensed to issue the order for the device or required by law, any device used
by a law enforcement officer in carrying out law enforcement duties, and seatbelts and any other
safety equipment when used to secure students during transportation; and
(B) written policies developed pursuant to this regulation shall be accessible on each school's web
site and shall be included in each school's code of conduct, school safety plan, or student handbook,
or any combination of these;
(2) school personnel training consistent with nationally recognized training programs on the use of
emergency safety interventions:
(A) Training shall address prevention techniques, de-escalation techniques, and positive behavioral
intervention strategies;
(B) training shall be designed to meet the needs of personnel as appropriate to their duties and
potential need for emergency safety interventions; and
(C) schools and programs shall maintain written or electronic documentation on training provided and
lists of participants in each training;
(3) written parental notification whenever an emergency safety intervention is used. This notification
shall be provided within two school days;
(4) documentation of any incident of emergency safety intervention, which shall include the date and
time of the intervention, the type of intervention, the length of time the intervention was used, and the
school personnel who participated in or supervised the intervention;
(5) procedures for the collection, maintenance, and periodic review of the use of emergency safety
intervention at each school, which shall include the documentation described in paragraph(a)(4); and
(6) local dispute resolution processes. Each district shall develop policies that, at a minimum, shall
(A) A complaint investigation procedure;
(B) a procedure for parents to present written complaints to the local board of education to initiate
complaint investigation by the local board of education; and
Page 4
(C) a procedure for parents, the school, and the Kansas state department of education to receive
written findings of fact and, if necessary, corrective action from the local board of education within 30
days of filing of a complaint by a parent.
Scope
STATUTES
(e) Each board of education shall make available to pupils and their parents, to school employees and,
upon request, to others, district policies and reports concerning school safety and security, except that the
provisions of this subsection shall not apply to reports made by a superintendent of schools and school
employees pursuant to subsection (a).
ADMINISTRATIVE CODE
interventions over all schools. [] Parents shall be annually provided with the written policies on the use
of emergency safety interventions. The written policies shall include the following:
Page 5




Page 6

STATUTES
72-8901. Grounds for suspension or expulsion; who may suspend or expel.
The board of education of any school district may suspend or expel, or by regulation authorize any
certificated employee or committee of certificated employees to suspend or expel, any pupil guilty of any
of the following:
(a) Willful violation of any published regulation for student conduct adopted or approved by the board of
education;
(b) conduct which substantially disrupts, impedes or interferes with the operation of any public school;
(c) conduct which endangers the safety of others or which substantially impinges upon or invades the
rights of others at school, on school property, or at a school supervised activity;
(d) conduct which, if the pupil is an adult, constitutes the commission of a felony or, if the pupil is a
juvenile, would constitute the commission of a felony if committed by an adult;
(e) conduct at school, on school property, or at a school supervised activity which, if the pupil is an
adult, constitutes the commission of a misdemeanor or, if the pupil is a juvenile, would constitute the
commission of a misdemeanor if committed by an adult; or
(f) disobedience of an order of a teacher, peace officer, school security officer or other school authority
when such disobedience can reasonably be anticipated to result in disorder, disruption or interference
with the operation of any public school or substantial and material impingement upon or invasion of the
rights of others.

STATUTES
72-89a02. Policies requiring expulsion of pupils for possession of weapons, adoption, filing;
circumstances when policy not applicable.
(a) Notwithstanding the provisions of subsection (a) of K.S.A. 72-8902, and amendments thereto, and
subject to the other provisions of this section, each board of education in this state shall adopt a written
policy requiring the expulsion from school for a period of not less than one year any pupil determined to
be in possession of a weapon at school, on school property, or at a school supervised activity. The policy
shall be filed with the state board of education in such manner as the state board shall require and at a
time to be determined and specified by the state board.
Page 7

STATUTES
72-8902. Duration of suspension or expulsion; notice; hearings, opportunity afforded, waiver,
time, who may conduct.
(a) A suspension may be for a short term not exceeding 10 school days, or for an extended term not
exceeding 90 school days. An expulsion may be for a term not exceeding 186 school days. If a
suspension or expulsion is for a term exceeding the number of school days remaining in the school year,
any remaining part of the term of the suspension or expulsion may be applied to the succeeding school
year.
ADMINISTRATIVE CODE
91-40-34 Short-term suspensions and interim placements; suspension of gifted children.
(a) As authorized by K.S.A. 72-8902(a) and amendments thereto, school personnel may impose one or
more short-term suspensions upon a child with a disability during a school year for violations of any
school rule if these short-term suspensions do not constitute a pattern amounting to a change in
placement for disciplinary reasons as specified in paragraph (a)(1)(B) of K.A.R. 91-40-33. (b) As
authorized in K.S.A. 72-991a and amendments thereto, school personnel may order a change in
placement of a child with a disability to an interim alternative educational setting. (c) Gifted children shall
be subject to suspension or expulsion from school as authorized by K.S.A. 72-8902 and amendments
thereto. While a gifted child is suspended or expelled from school, an agency shall not be required to
provide special education or related services to the child.

STATUTES
(a) A suspension may be for a short term not exceeding 10 school days, or for an extended term not
exceeding 90 school days. An expulsion may be for a term not exceeding 186 school days. If a
suspension or expulsion is for a term exceeding the number of school days remaining in the school year,
any remaining part of the term of the suspension or expulsion may be applied to the succeeding school
year.
(b) (1) Except as authorized in provision (2), no suspension for a short term shall be imposed upon a pupil
without giving the pupil notice of the charges and affording the pupil an opportunity for a hearing
thereon. The notice may be oral or written and the hearing may be held immediately after the notice is
given. The hearing may be conducted informally but shall include the following procedural due process
requirements: (A) The right of the pupil to be present at the hearing; (B) the right of the pupil to be
informed of the charges; (C) the right of the pupil to be informed of the basis for the accusation; and (D)
the right of the pupil to make statements in defense or mitigation of the charges or accusations. Refusal
of a pupil to be present at the hearing will constitute a waiver of the pupil's opportunity for a hearing.
(2) A short-term suspension may be imposed upon a pupil forthwith, and without affording the pupil a
hearing if the presence of the pupil endangers other persons or property or substantially disrupts,
impedes or interferes with the operation of the school.
Page 8
(c) A written notice of any short-term suspension and the reason therefor shall be given to the pupil
involved and to the pupil's parent or guardian within 24 hours after the suspension has been imposed
and, in the event the pupil has not been afforded a hearing prior to any short-term suspension, an
opportunity for an informal hearing shall be afforded the pupil as soon thereafter as practicable but in no
event later than 72 hours after such short-term suspension has been imposed. Any notice of the
imposition of a short-term suspension that provides an opportunity for an informal hearing after such
suspension has been imposed shall state that failure of the pupil to attend the hearing will result in a
waiver of the pupil's opportunity for the hearing.
(d) No suspension for an extended term and no expulsion shall be imposed upon a pupil until an
opportunity for a formal hearing thereon is afforded the pupil. A written notice of any proposal to suspend
for an extended term or to expel from school, and the charges upon which the proposal is based shall be
given to the pupil proposed to be suspended or expelled from school, and to the pupil's parent or
guardian. Any notice of a proposal to suspend for an extended term or to expel from school shall state the
time, date and place that the pupil will be afforded an opportunity for a formal hearing, and that failure of
the pupil and the pupil's parent or guardian to attend the hearing will result in a waiver of the pupil's
opportunity for the hearing. The hearing shall be held not later than 10 days after the date of the notice.
The notice shall be accompanied by a copy of this act and the regulations of the board of education
adopted under K.S.A. 72-8903, and amendments thereto.
(e) Whenever any written notice is required under this act to be given to a pupil or to a pupil's parent or
guardian, it shall be sufficient if the notice is mailed to the address on file in the school records of the
pupil. In lieu of mailing the written notice, the notice may be personally delivered.
(f) A formal hearing on a suspension or expulsion may be conducted by any person or committee of
persons authorized by the board of education to conduct the hearing.
(c) If a pupil required to be expelled pursuant to a policy adopted under subsection (a) is confined in the
custody of the secretary of social and rehabilitation services, the commissioner of juvenile justice or the
secretary of corrections as a result of the violation upon which the expulsion is to be based, the hearing
required under the provisions of article 89 of chapter 72 of Kansas Statutes Annotated shall be delayed
until the pupil is released from custody.
(d) A hearing afforded a pupil required to be expelled pursuant to a policy adopted under subsection (a)
shall be conducted by the chief administrative officer or other certificated employee of the school in which
the pupil is enrolled, by any committee of certificated employees of the school in which the pupil is
enrolled, or by a hearing officer appointed by the board of education of the school in which the pupil is
enrolled.
72-8903. Procedural due process requirements; record of appeal, costs; report of findings and
result of hearing; information regarding behavior improvement programs.
(a) The formal hearing provided for in K.S.A. 72-8902, and amendments thereto, shall be conducted in
accordance with regulations relating thereto adopted by the board of education. Such regulations shall
afford procedural due process including, but not limited to, the following
(1) The right of the pupil to have counsel of the pupil's own choice present and to receive the advice of
such counsel or other person whom the pupil may select;
(2) the right of the parents or guardians of the pupil to be present at the hearing;
Page 9
(3) the right of the pupil and the pupil's counsel or advisor to hear or read a full report of testimony of
witnesses against the pupil;
(4) the right of the pupil and the pupil's counsel to confront and cross-examine witnesses who appear in
person at the hearing, either voluntarily or as a result of the issuance of a subpoena;
(5) the right of the pupil to present the pupil's own witnesses in person or their testimony by affidavit;
(6) the right of the pupil to testify in the pupil's own behalf and give reasons for the pupil's conduct;
(7) the right of the pupil to have an orderly hearing; and
(8) the right of the pupil to a fair and impartial decision based on substantial evidence.
(b) In all extended-term suspension and expulsion from school cases, there shall be made a record of the
hearing of an appeal of the suspension or expulsion, whichever is applicable, by mechanical or electronic
recording or by an official court reporter, and the costs thereof shall be paid by the school district.
(c) At the conclusion of a formal hearing which results in a suspension for an extended term or an
expulsion, the person or committee conducting the hearing shall make a written report of the findings and
results of the hearing. The report shall be directed to the board of education of the school district and
shall be open to the inspection of the pupil who is suspended or expelled and, if the pupil is a juvenile, to
the parents or guardians and counsel or other advisor of the pupil. If the pupil is an adult, the report shall
be open to the inspection of the parents or guardians and counsel or other advisor of the pupil only upon
written consent of the pupil. Whenever a formal hearing results in suspension for an extended term or
expulsion, the person or committee conducting the hearing may make a finding that return to school by
the pupil, pending appeal or during the period allowed for notice of appeal, is not reasonably anticipated
to endanger the safety of others, to cause continuing repeated material disorder, disruption or
interference with the operation of school, or to substantially or materially impinge upon or invade the
rights of others, in which case the pupil may return to school until the period for filing a notice of appeal
has expired with no notice filed, or until the determination of any appeal if a notice of appeal is filed.
Whenever the person or committee conducting a hearing fails to make the findings specified above, the
report of the hearing shall provide that the suspension or expulsion of the pupil shall continue until appeal
therefrom is determined or until the period of suspension or expulsion has expired, whichever occurs
sooner. Any such pupil shall be provided with information concerning services or programs offered by
public and private agencies that work toward improving those aspects of the pupil's attitudes and behavior
that contributed to the conduct upon which the suspension or expulsion was based. If the pupil is a
juvenile, the information shall also be provided to the parents or guardians of the pupil.
72-8907. Refusal to admit suspended or expelled pupil authorized.
A pupil who has been suspended or expelled from school by any school district may be refused
admission to school in any other school district, regardless of residency, until such time as the period of
suspension or expulsion has expired.

Page 10

ADMINISTRATIVE CODE
As used in this regulation and in K.A.R. 91-42-2, each of the following terms shall have the meaning
specified in this regulation:
(a) "Chemical restraint" means the use of medication to control a student's violent physical behavior or
restrict a student's freedom of movement.
(b) "District" means a school district organized under the laws of this state that is maintaining a public
school for a school term pursuant to K.S.A. 72-1106, and amendments thereto. This term shall include
the governing body of any accredited nonpublic school.
(c) "Emergency safety intervention" means the use of seclusion or physical restraint when a student
presents an immediate danger to self or others. Violent action that is destructive of property may
necessitate the use of an emergency safety intervention.
(d) "Mechanical restraint" means any device or object used to limit a student's movement.
(e) "Physical escort" means the temporary touching or holding the hand, wrist, arm, shoulder, or back of
a student who is acting out, for the purpose of inducing the student to walk to a safe location.
(f) "Physical restraint" means bodily force used to substantially limit a student's movement.
(g) "School" means any physical learning environment, including any nonprofit institutional day or
residential school and any accredited nonpublic school, that receives public funding or over which the
Kansas state department of education has regulatory authority.
(h) "Seclusion," when used with a student, means that all of the following conditions are met:
(1) The student is placed in an enclosed area by school personnel.
(2) The student is purposefully isolated from adults and peers.
(3) The student is prevented from leaving, or reasonably believes that the student will be prevented
from leaving, the enclosed area.
(i) "Time-out" means a behavioral intervention in which a student is temporarily removed from a learning
activity without being confined.
(A) Policies and procedures shall prohibit the following:
(i) The use of prone, or face-down, physical restraint; supine, or face-up, physical restraint; physical
restraint that obstructs the airway of a student; or any physical restraint that impacts a student's
primary mode of communication;
(ii) the use of chemical restraint, except as prescribed treatments for a student's medical or
psychiatric condition by a person appropriately licensed to issue these treatments; and
Page 11
(iii) the use of mechanical restraint, except those protective or stabilizing devices either ordered by a
person appropriately licensed to issue the order for the device or required by law, any device used
by a law enforcement officer in carrying out law enforcement duties, and seatbelts and any other
safety equipment when used to secure students during transportation; and
(b) Each district shall develop a system to collect and maintain documentation for each use of an
emergency safety intervention, which shall include the information described in paragraph (a)(4).
(1) Information maintained by the school shall be compiled and submitted, at least biannually, to the
district superintendent or district designee.
(2) Documentation of any school's or district's use of emergency safety intervention shall be provided to
the Kansas state department of education upon written request of the Kansas state department of
education.
(3) Each district shall report all incidents of emergency safety intervention to the Kansas state
department of education by the date and in the form specified by the Kansas state department of
education. An annual report shall be provided by the Kansas state department of education to the
Kansas state board of education.
Page 12
ADMINISTRATIVE CODE
91-40-36. Determination of services for children with disabilities suspended from school or placed
in interim alternative educational settings.
(a) If a child with a disability is properly suspended from school for more than 10 cumulative school days
in any school year, the special education and related services to be provided to the child during any
period of suspension shall be determined by school officials of the agency responsible for the education
of the child.
(b) If a child with a disability is suspended from school for more than 10 consecutive school days or is
expelled from school for behavior that has been determined not to be a manifestation of the child's
disability, the child's IEP team shall determine the special education and related services that will be
provided to the child.
(c) If a child with a disability is placed in an interim alternative educational setting as a result of the child's
possession of a weapon or illegal drug, the child's IEP team shall determine the following:
(1) The special education and related services to be provided to the child in the interim alternative
educational setting; and
(2) those services and modifications that will be provided to address the misbehavior of the child and
that are designed to prevent the misbehavior from recurring.
(d) (1) If a child with a disability is to be placed in an interim alternative educational setting by a due
process hearing officer because the child is substantially likely to cause injury to self or others, school
officials shall propose to the hearing officer the special education and related services to be provided to
the child, and those services and modifications to be provided to address the behavior and prevent its
recurrence.
(2) The hearing officer shall determine whether the services proposed by the school officials are
appropriate. If so determined, those services shall be provided to the child. If determined to be
inappropriate, the hearing officer shall order any modification in the services to be provided that the
hearing officer determines necessary to provide the child with an appropriate education.
(e) An agency shall convene IEP meetings under this regulation as expeditiously as possible and shall be
required to give only 24 hours' prior notice of an IEP meeting to the child's parents.
Page 13

Conditions
STATUTES
(a) Notwithstanding the provisions of subsection (a) of K.S.A. 72-8902, and amendments thereto, and
subject to the other provisions of this section, each board of education in this state shall adopt a written
policy requiring the expulsion from school for a period of not less than one year any pupil determined to
be in possession of a weapon at school, on school property, or at a school supervised activity. The policy
shall be filed with the state board of education in such manner as the state board shall require and at a
time to be determined and specified by the state board.
(b) To the extent that the provisions contained in article 89 of chapter 72 of Kansas Statutes Annotated do
not conflict with the requirements of this act, such provisions shall apply to and be incorporated in the
policy required to be adopted under subsection (a).
(c) If a pupil required to be expelled pursuant to a policy adopted under subsection (a) is confined in the
custody of the secretary of social and rehabilitation services, the commissioner of juvenile justice or the
secretary of corrections as a result of the violation upon which the expulsion is to be based, the hearing
required under the provisions of article 89 of chapter 72 of Kansas Statutes Annotated shall be delayed
until the pupil is released from custody.
(d) A hearing afforded a pupil required to be expelled pursuant to a policy adopted under subsection (a)
shall be conducted by the chief administrative officer or other certificated employee of the school in which
the pupil is enrolled, by any committee of certificated employees of the school in which the pupil is
enrolled, or by a hearing officer appointed by the board of education of the school in which the pupil is
enrolled.
(e) The chief administrative officer of the school in which a pupil required to be expelled pursuant to a
policy adopted under subsection (a) is enrolled may modify the expulsion requirement in a manner which
is consistent with the requirements of federal law. Nothing in this subsection shall be applied or
construed in any manner so as to require the chief administrative officer of a school to modify the
expulsion requirement of a policy adopted by a board of education pursuant to the provisions of
subsection (a).
(f) The policy adopted by a board of education under subsection (a) shall contain a procedure for the
referral of any pupil determined to be in possession of a weapon at school, on school property, or at a
school supervised activity to the appropriate state and local law enforcement agencies and, if the pupil is
a juvenile, to the secretary of social and rehabilitation services or the commissioner of juvenile justice.
(g) Each board of education shall prepare an annual report on a form prescribed and furnished by the
state board of education that contains a description of the circumstances surrounding any expulsions
imposed on pupils pursuant to a policy adopted under subsection (a), including the name of the school or
schools concerned, the number of pupils expelled, and the type of weapons concerned. The report shall
be submitted to the state board of education in such manner as the state board shall require and at a time
to be determined and specified by the state board.
Page 14
(h) The provisions of this section do not apply to the possession by pupils of weapons at school, on
school property, or at a school supervised activity if the possession of weapons by pupils is connected
with a weapons safety course of instruction or a weapons education course approved and authorized by
the school or if the possession of weapons by pupils is specifically authorized in writing by the chief
administrative officer of the school.
Other weapons


STATUTES
(c) (1) Whenever a child is required by law to attend school and is enrolled in school, and the child is
inexcusably absent therefrom on either three consecutive school days or five school days in any
semester or seven school days in any school year, whichever of the foregoing occurs first, the child
shall be considered to be not attending school as required by law. A child is inexcusably absent from
school if the child is absent therefrom all or a significant part of a school day without a valid excuse
acceptable to the school employee designated by the board of education to have responsibility for the
school attendance of such child.
Substance use

STATUTES
72-7538. Disability history and awareness; objectives, guidelines and goals.
(c) The goals of disability history and awareness instruction include:
(1) Encouraging the better treatment of individuals with disabilities, especially for school-age children.
(2) Increasing attention to the prevention of bullying or harassment of students with disabilities.
72-8256. Bullying, school district policies.
(1) "Bullying" means:
(A) Any intentional gesture or any intentional written, verbal, electronic or physical act or threat that is
sufficiently severe, persistent or pervasive that it creates an intimidating, threatening or abusive
educational environment for a student or staff member that a reasonable person, under the
circumstances, knows or should know will have the effect of:
Page 15
(i) Harming a student or staff member, whether physically or mentally;

(ii) damaging a student's or staff member's property;
(iii) placing a student or staff member in reasonable fear of harm to the student or staff member; or
(iv) placing a student or staff member in reasonable fear of damage to the student's or staff
member's property;
(B) cyberbullying; or
(C) any other form of intimidation or harassment prohibited by the board of education of the school
district in policies concerning bullying adopted pursuant to this section or subsection (e) of K.S.A. 728205, and amendments thereto.
(2) "Cyberbullying" means bullying by use of any electronic communication device through means
including, but not limited to, e-mail, instant messaging, text messages, blogs, mobile phones, pagers,
online games and websites.
(3) "School vehicle" means any school bus, school van, other school vehicle and private vehicle used to
transport students or staff members to and from school or any school-sponsored activity or event.
(b) The board of education of each school district shall adopt a policy to prohibit bullying on or while
utilizing school property, in a school vehicle or at a school-sponsored activity or event.
(c) The board of education of each school district shall adopt and implement a plan to address bullying on
school property, in a school vehicle or at a school-sponsored activity or event. Such plan shall include
provisions for the training and education for staff members and students.
(d) The board of education of each school district may adopt additional policies relating to bullying
pursuant to subsection (e) of K.S.A. 72-8205, and amendments thereto.

Page 16

Prevention
STATUTES
72-7538. Disability history and awareness; objectives, guidelines and goals.
(c) The goals of disability history and awareness instruction include:
(1) Encouraging the better treatment of individuals with disabilities, especially for school-age children.
(2) Increasing attention to the prevention of bullying or harassment of students with disabilities.

STATUTES
Page 17

STATUTES
(c)(4) Whenever a determination is made in accordance with the provisions of this subsection that a child
is not attending school as required by law, the designated employee who is responsible for such
determination shall make a report thereof in accordance with the provisions of subsection (a).
(d)(1) Prior to making any report under this section that a child is not attending school as required by law,
the designated employee of the board of education shall serve written notice thereof, by personal delivery
or by first class mail, upon a parent or person acting as parent of the child. The notice shall inform the
parent or person acting as parent that continued failure of the child to attend school without a valid
excuse will result in a report being made to the secretary of social and rehabilitation services or to the
county or district attorney. Upon failure, on the school day next succeeding personal delivery of the notice
or within three school days after the notice was mailed, of attendance at school by the child or of an
acceptable response, as determined by the designated employee, to the notice by a parent or person
acting as parent of the child, the designated employee shall make a report thereof in accordance with the
provisions of subsection (a). The designated employee shall submit with the report a certificate verifying
the manner in which notice was provided to the parent or person acting as parent.
(g) Each board of education shall prepare an annual report on a form prescribed and furnished by the
state board of education that contains a description of the circumstances surrounding any expulsions
imposed on pupils pursuant to a policy adopted under subsection (a), including the name of the school or
schools concerned, the number of pupils expelled, and the type of weapons concerned. The report shall
be submitted to the state board of education in such manner as the state board shall require and at a time
to be determined and specified by the state board.
72-8903. Procedural due process requirements; record of appeal, costs; report of findings and
result of hearing; information regarding behavior improvement programs.
(c) At the conclusion of a formal hearing which results in a suspension for an extended term or an
expulsion, the person or committee conducting the hearing shall make a written report of the findings and
results of the hearing. The report shall be directed to the board of education of the school district and
shall be open to the inspection of the pupil who is suspended or expelled and, if the pupil is a juvenile, to
the parents or guardians and counsel or other advisor of the pupil. If the pupil is an adult, the report shall
be open to the inspection of the parents or guardians and counsel or other advisor of the pupil only upon
written consent of the pupil. Whenever a formal hearing results in suspension for an extended term or
expulsion, the person or committee conducting the hearing may make a finding that return to school by
the pupil, pending appeal or during the period allowed for notice of appeal, is not reasonably anticipated
to endanger the safety of others, to cause continuing repeated material disorder, disruption or
interference with the operation of school, or to substantially or materially impinge upon or invade the
Page 18
rights of others, in which case the pupil may return to school until the period for filing a notice of appeal
has expired with no notice filed, or until the determination of any appeal if a notice of appeal is filed.
Whenever the person or committee conducting a hearing fails to make the findings specified above, the
report of the hearing shall provide that the suspension or expulsion of the pupil shall continue until appeal
therefrom is determined or until the period of suspension or expulsion has expired, whichever occurs
sooner. Any such pupil shall be provided with information concerning services or programs offered by
public and private agencies that work toward improving those aspects of the pupil's attitudes and behavior
that contributed to the conduct upon which the suspension or expulsion was based. If the pupil is a
juvenile, the information shall also be provided to the parents or guardians of the pupil.
(a) The state board of education shall compile the reports required of boards of education under
subsection (f) of K.S.A. 72-89a02, and amendments thereto, and shall submit the compilation to the
secretary of education on an annual basis as specified by the secretary.
(a) If a school employee has information that a pupil is a pupil to whom the provisions of this subsection
apply, the school employee shall report such information and identify the pupil to the superintendent of
schools. The superintendent of schools shall investigate the matter and, upon determining that the
identified pupil is a pupil to whom the provisions of this subsection apply, shall provide the reported
information and identify the pupil to all school employees who are directly involved or likely to be directly
involved in teaching or providing other school related services to the pupil. The provisions of this
subsection apply to:
(1) Any pupil who has been expelled for the reason provided by subsection (c) of K.S.A. 72-8901, and
amendments thereto, for conduct which endangers the safety of others;
(2) any pupil who has been expelled for the reason provided by subsection (d) of K.S.A. 72-8901, and
amendments thereto;
(3) any pupil who has been expelled under a policy adopted pursuant to K.S.A. 72-89a02, and
amendments thereto;
(4) any pupil who has been adjudged to be a juvenile offender and whose offense, if committed by an
adult, would constitute a felony under the laws of Kansas or the state where the offense was
committed, except any pupil adjudicated as a juvenile offender for a felony theft offense involving no
direct threat to human life; and
(5) any pupil who has been tried and convicted as an adult of any felony, except any pupil convicted of
a felony theft crime involving no direct threat to human life.
A school employee and the superintendent of schools shall not be required to report information
concerning a pupil specified in this subsection if the expulsion, adjudication as a juvenile offender or
conviction of a felony occurred more than 365 days prior to the school employee's report to the
superintendent of schools.
Page 19

(c) School employees shall not be subject to the provisions of subsection (b) of K.S.A. 72-89b04 and
amendments thereto if:
(1) They follow the procedures from a policy adopted pursuant to the provisions of subsection (b); or
(2) their board of education fails to adopt such policy.
(d) Each board of education shall annually compile and report to the state board of education at least the
following information relating to school safety and security: The types and frequency of criminal acts that
are required to be reported pursuant to the provisions of subsection (b), disaggregated by occurrences at
school, on school property and at school supervised activities. The report shall be incorporated into and
become part of the current report required under the quality performance accreditation system.
(e) Each board of education shall make available to pupils and their parents, to school employees and,
upon request, to others, district policies and reports concerning school safety and security, except that the
provisions of this subsection shall not apply to reports made by a superintendent of schools and school
employees pursuant to subsection (a).
(f) Nothing in this section shall be construed or operate in any manner so as to prevent any school
employee from reporting criminal acts to school officials and to appropriate state and local law
enforcement agencies.
(g) The state board of education shall extract the information relating to school safety and security from
the quality performance accreditation report and transmit the information to the governor, the legislature,
the attorney general, the secretary of health and environment, the secretary of social and rehabilitation
services and the commissioner of juvenile justice.
ADMINISTRATIVE CODE
annually provided with the written policies on
STATUTES
(c)(4) Whenever a determination is made in accordance with the provisions of this subsection that a child
is not attending school as required by law, the designated employee who is responsible for such
determination shall make a report thereof in accordance with the provisions of subsection (a).
(d)(1) Prior to making any report under this section that a child is not attending school as required by law,
the designated employee of the board of education shall serve written notice thereof, by personal delivery
or by first class mail, upon a parent or person acting as parent of the child. The notice shall inform the
Page 20
parent or person acting as parent that continued failure of the child to attend school without a valid
excuse will result in a report being made to the secretary of social and rehabilitation services or to the
county or district attorney. Upon failure, on the school day next succeeding personal delivery of the notice
or within three school days after the notice was mailed, of attendance at school by the child or of an
acceptable response, as determined by the designated employee, to the notice by a parent or person
acting as parent of the child, the designated employee shall make a report thereof in accordance with the
provisions of subsection (a). The designated employee shall submit with the report a certificate verifying
the manner in which notice was provided to the parent or person acting as parent.
(2)(c) A written notice of any short-term suspension and the reason therefore shall be given to the pupil
involved and to the pupil's parent or guardian within 24 hours after the suspension has been imposed
and, in the event the pupil has not been afforded a hearing prior to any short-term suspension, an
opportunity for an informal hearing shall be afforded the pupil as soon thereafter as practicable but in no
event later than 72 hours after such short-term suspension has been imposed. Any notice of the
imposition of a short-term suspension that provides an opportunity for an informal hearing after such
suspension has been imposed shall state that failure of the pupil to attend the hearing will result in a
waiver of the pupil's opportunity for the hearing.
(2)(e) Whenever any written notice is required under this act to be given to a pupil or to a pupil's parent or
guardian, it shall be sufficient if the notice is mailed to the address on file in the school records of the
pupil. In lieu of mailing the written notice, the notice may be personally delivered.
72-8222. School security officers and campus police officers.
(f) The board of education of each school district shall adopt a policy providing for notification of a
student's parents or guardians whenever the student is taken into custody by a campus police officer.
72-8904. Notice of hearing results; appeal to board of education; hearing officers; procedure.
(a) Written notice of the result of any hearing imposing an extended-term suspension or an expulsion
from school shall be given to the pupil suspended or expelled from school, and to the parents or
guardians of the pupil within 24 hours after determination of such result.
See also subsections (b) and (c) for information on appeal procedures.

STATUTES
72-89c02. Suspension or revocation of driver's license or privilege upon certain school safety
violations; procedure.
(a) Whenever a pupil who has attained the age of 13 years has been found in possession of a weapon or
illegal drug at school, upon school property or at a school supervised activity or has engaged in an act or
behavior, committed at school, upon school property, or at a school-supervised activity which resulted in,
or was substantially likely to have resulted in, serious bodily injury to others, the chief administrative
officer of the school shall make a report of the pupil's act to the appropriate law enforcement agency. The
report shall be given as soon as practicable, but not to exceed 10 days from the date of the pupil's act,
excluding holidays and weekends, to the appropriate law enforcement agency. Upon receipt of the report,
the law enforcement agency shall investigate the matter and give written notice to the division of the act
committed by the pupil. The notice shall be given to the division of vehicles by the law enforcement
Page 21
agency as soon as practicable but not to exceed 10 days, excluding holidays and weekends, after receipt
of the report and shall include the pupil's name, address, date of birth, driver's license number, if
available, and a description of the act committed by the pupil. A copy of the notice also shall be given to
the pupil and to the parent or guardian of the pupil.


STATUTES
(a) The state board of education shall compile the reports required of boards of education under
subsection (f) of K.S.A. 72-89a02, and amendments thereto, and shall submit the compilation to the
secretary of education on an annual basis as specified by the secretary.
ADMINISTRATIVE CODE
91-15-1. Policies or rules governing employees' and students' conduct.
(a) The board of education of each unified school district shall adopt policies or rules that govern the
conduct of the employees and students of the school district and that include procedures for enforcement
of the policies or rules.
(b) Before adopting the policies or rules, each board of education shall submit the policies or rules to legal
counsel for review.
(c) After the adoption of the policies or rules, the clerk of the board of education shall maintain the policies
or rules in the permanent files of the school district. (Authorized by and implementing Article 6, Section
2(a) of the Kansas Constitution)
Page 22
(b) Each district shall develop a system to collect and maintain documentation for each use of an
emergency safety intervention, which shall include the information described in paragraph (a)(4).
(1) Information maintained by the school shall be compiled and submitted, at least biannually, to the
district superintendent or district designee.
(2) Documentation of any school's or district's use of emergency safety intervention shall be provided to
the Kansas state department of education upon written request of the Kansas state department of
education.
(3) Each district shall report all incidents of emergency safety intervention to the Kansas state
department of education by the date and in the form specified by the Kansas state department of
education. An annual report shall be provided by the Kansas state department of education to the
Kansas state board of education.
Page 23

STATUTES
72-8222. School security officers and campus police officers.
(a) The board of education of any school district or the board of trustees of any community college may
employ school security officers, and may designate any one or more of such school security officers as a
campus police officer, to aid and supplement law enforcement agencies of the state and of the city and
county in which the school district or community college is located.
(b) The protective function of school security officers shall extend to all property of the school district or
community college and the protection of students, teachers and other employees together with the
property of such persons on or in any school or community college property or areas adjacent thereto, or
while attending or located at the site of any school or community college-sponsored function. While
engaged in the protective functions specified in this section, each school security officer shall possess
and exercise all general law enforcement powers, rights, privileges, protections and immunities in every
county in which there is located any part of the territory of the school district or community college.
(c) The protective function of campus police officers shall extend to all property of the school district or
community college and the protection of students, teachers and other employees together with the
property of such persons on or in any school or community college property or areas adjacent thereto, or
while attending or located at the site of any school or community college-sponsored function. While
engaged in the protective functions specified in this section, each campus police officer shall possess and
exercise all general law enforcement powers, rights, privileges, protections and immunities in every
county in which there is located any part of the territory of the school district or community college.
(d) Campus police officers shall have the power and authority of law enforcement officers:
(1) On property owned, occupied or operated by the school district or community college or at the site of
a function sponsored by the school district or community college;
(2) on the streets, property and highways immediately adjacent to and coterminous with property
described in subsection (d)(1);
(3) within the city or county where property described in subsection (d)(1) is located, as necessary to
protect the health, safety and welfare of students and faculty of the school district or community college,
with appropriate agreement by local law enforcement agencies. Such agreements shall include
provisions, defining the geographical scope of the jurisdiction conferred, circumstances requiring the
extended jurisdiction, scope of law enforcement powers and duration of the agreement. Before any
agreement entered into pursuant to this section shall take effect, it shall be approved by the governing
body of the city or county, or both, having jurisdiction where such property is located, and the board of
education or board of trustees involved;
(4) with appropriate notification of and coordination with local law enforcement agencies, within the city
or county where property described in subsection (d)(1) or (d)(2) is located, when there is reason to
believe that a violation of a state law, county resolution or city ordinance has occurred on such property,
as necessary to investigate and arrest persons for such a violation;
(5) when in fresh pursuit of a person; and
(6) when transporting persons in custody to an appropriate facility, wherever it may be located.
Page 24
(e) In addition to enforcement of state law, county resolutions and city ordinances, campus police officers
shall enforce rules and regulations and rules and policies of the board of trustees or school board,
whether or not violation thereof constitutes a criminal offense. While on duty, campus police officers shall
wear and display publicly a badge of office. No such badge shall be required to be worn by any plain
clothes investigator or departmental administrator, but any such officer shall present proper credentials
and identification when required in the performance of such officer's duties. In performance of any of the
powers, duties and functions authorized by this section, K.S.A. 22-2401a, and amendments thereto, or
any other law, campus police officers shall have the same rights, protections and immunities afforded
other law enforcement officers.
(f) The board of education of each school district shall adopt a policy providing for notification of a
student's parents or guardians whenever the student is taken into custody by a campus police officer.

Page 25

Page 26
Other/Uncategorized
STATUTES
(h) No board of education, member of any such board, superintendent of schools or school employee
shall be liable for damages in a civil action resulting from a person's good faith acts or omissions in
complying with the requirements or provisions of the Kansas school safety and security act.
72-89b04. Penalties for failure to make reports, preventing or interfering with reports; sanctions
for making reports prohibited; immunity from liability.
(a) Willful and knowing failure of a school employee to make a report required by subsection (b)(1) of
K.S.A. 72-89b03, and amendments thereto, is a class B nonperson misdemeanor. Preventing or
interfering with, with the intent to prevent, the making of a report required by subsection (b)(1) of K.S.A.
72-89b03, and amendments thereto, is a class B nonperson misdemeanor.
(b) Willful and knowing failure of any employee designated by a board of education to transmit reports
made by school employees to the appropriate state or local law enforcement agency as required by
subsection (b)(1) of K.S.A. 72-89b03, and amendments thereto, is a class B nonperson misdemeanor.
Preventing or interfering with, with the intent to prevent, the transmission of reports required by
subsection (b)(1) of K.S.A. 72-89b03, and amendments thereto, is a class B nonperson misdemeanor.
(c) No board of education shall terminate the employment of, or prevent or impair the profession of, or
impose any other sanction on any school employee because the employee made an oral or written report
to, or cooperated with an investigation by, a law enforcement agency relating to any criminal act that the
employee knows has been committed or reasonably believes will be committed at school, on school
property, or at a school supervised activity.
(d) Any board of education, and any member or employee thereof, participating without malice in the
making of an oral or written report to a law enforcement agency relating to any criminal act that is known
to have been committed or reasonably is believed will be committed at school, on school property, or at a
school supervised activity shall have immunity from any civil liability that might otherwise be incurred or
imposed. Any such participant shall have the same immunity with respect to participation in any judicial
proceedings resulting from the report.

Page 27
Other/Uncategorized
STATUTES
72-991a. Change in placement of child with disability to alternative setting as disciplinary action
for certain behavior; duties of IEP team and hearing officer; behavioral assessment and
intervention plan; determination and review procedure.
(a) School personnel may order a change in the placement of a child with a disability:
(1) To an appropriate interim alternative educational setting or other setting, or the short-term
suspension of the child;
(2) to an appropriate interim alternative educational setting for not more than 45 school days if: (A) The
child carries or possesses a weapon to, or at, school, on school premises, or to, or at, a school function
under the jurisdiction of an agency; (B) the child knowingly possesses or uses illegal drugs or sells or
solicits the sale of a controlled substance while at school, on school premises, or at a school function
under the jurisdiction of an agency; or (C) the child has inflicted serious bodily injury upon another
person while at school, on school premises, or at a school function under the jurisdiction of an agency;
or
(3) To an appropriate interim alternative educational placement for not more than 186 school days, if it
is determined that the conduct of the child violated the code of student conduct and was not a
manifestation of the child's disability, if the relevant disciplinary procedures applicable to children
without disabilities are applied in the same manner and the discipline is for the same duration as would
be applied to a child without disabilities, except that services must continue to be provided to the child
during the period of disciplinary action.
(b) Any child with a disability whose placement is changed under subsection (a)(2) or (a)(3) shall:
(1) Continue to receive educational services so as to enable the child to continue to participate in the
general education curriculum, although in another setting and to progress toward meeting the goals set
out in the child's IEP; and
(2) receive, as appropriate, a functional behavioral assessment, behavioral intervention services, and
modifications that are designed to address the inappropriate behavior so that it does not recur.
(c) The alternative educational setting described in subsections (a)(2) and (a)(3) shall be determined by
the IEP team.
(d) If a disciplinary action is contemplated as described in subsection (a)(2) or (a)(3):
(1) Not later than the date on which the decision to take that action is made, the agency shall notify the
parents of that decision and of all procedural safeguards afforded under K.S.A. 2012 Supp. 72-992a,
and amendments thereto; and
(2) within 10 school days of the date on which the decision to take disciplinary action is made, a review
shall be conducted to determine the relationship between the child's disability and the conduct that is
subject to disciplinary action.
(e) (1) The review described in subsection (d)(2) shall be conducted by the agency, the parent, and
relevant members of the child's IEP team as determined by the parent and the agency. In carrying out
the review, that group shall review all relevant information in the student's file, including the child's IEP,
any teacher observations, and any relevant information provided by the parent.
(2) Based upon its review of all the relevant information, the group shall determine if the conduct in
question:
(A) Was caused by, or had a direct and substantial relationship to, the child's disability; or
Page 28
(B) was the direct result of the agency's failure to implement the child's IEP.
(3) If it is determined that the conduct of the student is described in either paragraph (2)(A) or (2)(B) of
this subsection, then the conduct shall be determined to be a manifestation of the child's disability.
(f) If it is determined that the conduct of a child was a manifestation of the child's disability, the IEP team
shall:
(1) Conduct a functional behavioral assessment, and implement a behavioral intervention plan for such
child, provided that the agency has not conducted such an assessment prior to the behavior that
resulted in a change in placement;
(2) if the child already had a behavioral intervention plan, review and modify it, as necessary, to address
the behavior; and
(3) except as provided in paragraph (a)(2), return the child to the placement from which the child was
removed, unless the parent and the agency agree to a change of placement as part of the modification
of the behavioral intervention plan.
(g) For the purposes of this section, the following definitions apply:
(1) "Controlled substance" means a drug or other substance identified under schedules I, II, III, IV, or V
in 21 U.S.C. 812(c);
(2) "illegal drug" means a controlled substance but does not include such a substance that is legally
possessed or used under the supervision of a licensed healthcare professional or that is legally
possessed or used under any other authority under any federal or state law;
(3) "weapon" means a weapon, device, instrument, material, or substance, animate or inanimate, that is
used for, or is readily capable of, causing death or serious bodily injury, except that such term does not
include a pocket knife with a blade of less than 21/2 inches in length; and
(4) "serious bodily injury" means an injury as described in subsection (h)(3) of section 1365 of title 18 of
the United States Code.
Page 29

School Discipline
resources provided by Kansas provide additional context to state policy and regulations and, in some
Title
Description
To provide schools a framework for

integrating social-emotional learning (SEL)
with character development so that
students will learn, practice and model
essential personal life habits that
contribute to academic, vocational, and
personal success
http://www.ksde.org/Portals/0/Standa
rds%20Documents/Counseling/SEC
D_Revised_12%203%2012.pdf
Website
No relevant
resources found
Documents
Kansas Social,
Emotional, and
Character
Development
(SECD) Standards
Other Resources
No relevant
resources found
Page 30
Kentucky
Discipline Laws and
Regulations
Introduction
document.
Notes & Disclaimers

Prepared by:
Child Trends
Suite 1200W
Suite 110
Table of Contents
Kentucky State Codes Cited ...................................................................................................................... 1
Scope ........................................................................................................................................................ 8
Communication of Policy ........................................................................................................................... 8
Administrative procedures related to suspensions and expulsion .......................................................... 13
Alternative Placements ........................................................................................................................... 21
Other weapons ........................................................................................................................................ 25
Substance use......................................................................................................................................... 26
Prevention ............................................................................................................................................... 31
MOUs, authorization and/or funding ....................................................................................................... 42
Other/uncategorized ................................................................................................................................ 46
Kentucky State Codes Cited

Kentucky Revised Statutes
Title XIII. Education
156.010.
156.060.
156.070.
156.240.
Commissioner's authority to organize Department of Education -- Composition -Functions

Quorum -- Meetings -- Location of office -- Compensation
General powers and duties of state board
Chief state school officer to publish school laws
Chapter 157. State Support of Education

157.200.
Definitions for Kentucky Revised Statutes 157.200 to 157.290
Chapter 158. Conduct of Schools Special Programs

158.148.
158.150.
158.153.
158.154.
158.155.
158.156.
158.165.
158.181.
158.183.
158.187.
158.440.
158.441.
158.442.
158.444.
158.445.
158.446.
Student discipline guidelines and model policy -- Local code of acceptable behavior
and discipline -- Required contents of code
Suspension or expulsion of pupils
Punishment based on child's records -- Disclosure of records -- Cause of action
Districtwide standards of behavior for students participating in extracurricular
activities
Principal's duty to report certain acts to local law enforcement agency
Reporting of specified incidents of student conduct -- Notation on school records -Report to law enforcement of certain student conduct -- Immunity
Reporting of commission of felony Kentucky Revised Statutes Chapter 508 offense
against a student -- Investigation -- Immunity from liability for reporting -- Privileges
no bar to reporting
Possession and use of personal telecommunications device by public school student
Legislative findings
Prohibited acts by students -- Rights of student -- Administrative remedies
Short title for Kentucky Revised Statutes 158.181 to 158.187
Legislative findings on school safety and order
Definitions for chapter
Center for School Safety -- Duties -- Members of board
Administrative regulations relating to school safety -- Role of Department of
Education to maintain statewide data collection system -- Reportable incidents -Annual statistical reports -- Confidentiality
Local assessment of school safety and school discipline -- District assessment -Local plans
Use of appropriated funds
Chapter 159. Compulsory Attendance

159.010.
159.150.
Parent or custodian to send child to school -- Age limits for compulsory attendance Notification and counseling prior to withdrawal -- Encouragement to reenroll after
withdrawal
Repealed, 1980
Kentucky Compilation of School Discipline Laws and Regulations
Page 1
159.170.
159.180.
Withdrawals and transfers -- Teachers to investigate and report -- Collection and

dissemination of student records
Parents responsible for children's violations
Chapter 160. School Districts

160.295.
160.345.
160.380.
Procedure for promulgation of code of student rights and responsibilities for

secondary schools Prohibited student activities
Definitions -- Required adoption of school councils for school-based decision making
--Composition -- Responsibilities -- Professional development -- Exemption -Formula for allocation of school district funds -- Intentionally engaging in conduct
detrimental to school-based decision making by board member, superintendent,
district employee, or school council member -- Complaint procedure -- Disciplinary
action -- Rescission of right to establish and powers of council -- Wellness policy
School employees -- Restrictions on appointment of relatives, violent offenders, and
persons convicted of sex crimes -- Restriction on assignment to alternative education
program as disciplinary action -- National and state criminal history background
checks on applicants, new hires, and school-based decision-making council parent
members -- Application and renewal forms -- Employees charged with felony
offenses
Title L. Kentucky Penal Code

Chapter 525. Riot, Disorderly Conduct, and Related Offenses
525.070.
525.080.
Harassment
Harassing communications
Kentucky Administrative Regulations

Title 505. Justice and Public Safety Cabinet Department of Juvenile Justice
505 KAR 1.080.
Kentucky educational collaborative for state agency children
Title 702. Education and Workforce Development Cabinet Kentucky Board of Education
Department of Education Office of District Support Services
702 KAR 7.065.
Designation of agent to manage high school interscholastic athletics
Department of Education Bureau of Learning Results Services
703 KAR 5.225.
School and district accountability, recognition, support, and consequences
Department of Education Office of Learning Programs Development
704 KAR 3.303.
704 KAR 3.305.
704 KAR 7.050.
704 KAR 7,160.
704 KAR 19.002.
Required core academic standards

Minimum requirements for high school graduation
Student discipline guidelines
Use of physical restraint and seclusion in public schools.
Alternative education programs
Page 2
Department of Education Office of Special Instructional Services
707 KAR 1.002.
707 KAR 1.300.
707 KAR 1.320.
Definitions
Child find, evaluation, and reevaluation
Individual education program
Page 3
General Provisions
STATUTES
158.148. Student discipline guidelines and model policy -- Local code of acceptable behavior and
discipline -- Required contents of code.
(1) In cooperation with the Kentucky Education Association, the Kentucky School Boards Association, the
Kentucky Association of School Administrators, the Parent-Teachers Association, the Kentucky Chamber
of Commerce, the Farm Bureau, members of the Interim Joint Committee on Education, and other
interested groups, and in collaboration with the Center for School Safety, the Department of Education
shall develop or update as needed and distribute to all districts by August 31 of each even-numbered
year, beginning August 31, 2008:
(a) Statewide student discipline guidelines to ensure safe schools, including the definition of serious
incident for the reporting purposes as identified in KRS 158.444;
(b) Recommendations designed to improve the learning environment and school climate, parental and
community involvement in the schools, and student achievement; and
(c) A model policy to implement the provisions of this section and KRS 158.156, 158.444, 525.070, and
525.080.
(2) The department shall obtain statewide data on major discipline problems and reasons why students
drop out of school. In addition, the department, in collaboration with the Center for School Safety, shall
identify successful strategies currently being used in programs in Kentucky and in other states and shall
incorporate those strategies into the statewide guidelines and the recommendations under subsection (1)
of this section.
(3) Copies of the discipline guidelines shall be distributed to all school districts. The statewide guidelines
shall contain broad principles and legal requirements to guide local districts in developing their own
discipline code and school councils in the selection of discipline and classroom management techniques
under KRS 158.154; and in the development of the district-wide safety plan.
(4) Each local board of education shall be responsible for formulating a code of acceptable behavior and
discipline to apply to the students in each school operated by the board. The code shall be updated no
less frequently than every two (2) years, with the first update being completed by November 30, 2008.
(a) The superintendent, or designee, shall be responsible for overall implementation and supervision,
and each school principal shall be responsible for administration and implementation within each
school. Each school council shall select and implement the appropriate discipline and classroom
management techniques necessary to carry out the code. The board shall establish a process for a
two-way communication system for teachers and other employees to notify a principal, supervisor, or
other administrator of an existing emergency.
(b) The code shall contain the type of behavior expected from each student, the consequences of
failure to obey the standards, and the importance of the standards to the maintenance of a safe
learning environment where orderly learning is possible and encouraged.
(c) The code shall contain:
1. Procedures for identifying, documenting, and reporting incidents of violations of the code and
incidents for which reporting is required under KRS 158.156;
Page 4
2. Procedures for investigating and responding to a complaint or a report of a violation of the code or
of an incident for which reporting is required under KRS 158.156, including reporting incidents to the
parents, legal guardians, or other persons exercising custodial control or supervision of the students
involved;
3. A strategy or method of protecting from retaliation a complainant or person reporting a violation of
the code or an incident for which reporting is required under KRS 158.156;
4. A process for informing students, parents, legal guardians, or other persons exercising custodial
control or supervision, and school employees of the requirements of the code and the provisions of
this section and KRS 158.156, 158.444, 525.070, and 525.080, including training for school
employees; and
5. Information regarding the consequences of violating the code and violations reportable under KRS
158.156 or 158.444.
(d) The principal of each school shall apply the code of behavior and discipline uniformly and fairly to
each student at the school without partiality or discrimination.
(e) A copy of the code of behavior and discipline adopted by the board of education shall be posted at
each school. Guidance counselors shall be provided copies for discussion with students. The code shall
be referenced in all school handbooks. All school employees and parents, legal guardians, or other
persons exercising custodial control or supervision shall be provided copies of the code.
158.442. Center for School Safety -- Duties -- Members of board.
(1) The General Assembly hereby authorizes the establishment of the Center for School Safety. The
center's mission shall be to serve as the central point for data analysis; research; dissemination of
information about successful school safety programs, research results, and new programs; and, in
collaboration with the Department of Education and others, to provide technical assistance for safe
schools.
(2) To fulfill its mission, the Center for School Safety shall:
(a) Establish a clearinghouse for information and materials concerning school violence prevention;
(b) Provide program development and implementation expertise and technical support to schools, law
enforcement agencies, and communities, which may include coordinating training for administrators,
teachers, students, parents, and other community representatives;
(c) Analyze the data collected in compliance with KRS 158.444;
(d) Research and evaluate school safety programs so schools and communities are better able to
address their specific needs;
(e) Administer a school safety grant program for local districts as directed by the General Assembly;
(f) Promote the formation of interagency efforts to address discipline and safety issues within
communities throughout the state in collaboration with other postsecondary education institutions and
with local juvenile delinquency prevention councils;
(g) Prepare and disseminate information regarding best practices in creating safe and effective schools;
(h) Advise the Kentucky Board of Education on administrative policies and administrative regulations;
and
(i) Provide an annual report by July 1 of each year to the Governor, the Kentucky Board of Education,
and the Interim Joint Committee on Education regarding the status of school safety in Kentucky.
(3) The Center for School Safety shall be governed by a board of directors appointed by the Governor.
Members shall consist of:
(a) The commissioner or a designee of the Department of Education;
Page 5
(b) The commissioner or a designee of the Department of Juvenile Justice;

(c) The commissioner or a designee of the Department for Behavioral Health, Developmental and
Intellectual Disabilities;
(d) The commissioner or a designee of the Department for Community Based Services;
(e) The secretary or a designee of the Education and Workforce Development Cabinet;
(f) A juvenile court judge;
(g) A local school district board of education member;
(h) A local school administrator;
(i) A school council parent representative;
(j) A teacher;
(k) A classified school employee; and
(l) A superintendent of schools who is a member of the Kentucky Association of School Administrators.
In appointing the board of education member, the school administrator, the school superintendent, the
school council parent member, the teacher, and the classified employee, the Governor shall solicit
recommendations from the following groups respectively: the Kentucky School Boards Association, the
Kentucky Association of School Administrators, the Kentucky Association of School Councils, the
Kentucky Education Association, and the Kentucky Education Support Personnel Association. The initial
board shall be appointed by July 15, 1998. The board shall hold its first meeting no later than thirty (30)
days after the appointment of the members.
160.295. Procedure for promulgation of code of student rights and responsibilities for secondary
schools -- Prohibited student activities.
(1) The board of education of each public school district in the Commonwealth may adopt and promulgate
a code of student rights and responsibilities for secondary schools from recommendations of a committee
composed of students, faculty, parents, and school district administrative personnel.
(2) Such committee shall consist of two (2) students, two (2) parents of students, two (2) faculty members,
two (2) representatives from administrative personnel of the district, and one (1) member of the local
school board.
(3) The student and faculty members of such committee shall be elected by their peers in the local school
district; the administrative personnel shall be appointed by the school district superintendent, and the
parents selected by the faculty and student body. Members of such committee shall serve for a term of
one (1) year and may be reelected or reappointed in following years. Initial composition of the elected
members of such committee shall be by the following:
(a) The district superintendent shall notify each school within the district, each school principal or head
teacher, the students of the district, and the parents of students within the district as to the method for
receiving nominations for membership on the committee and of the methods by which the election of
members shall take place. Such notification shall take place on or before the first day of school for each
school term.
(b) Nominations for the student, faculty, and parent members of the committee shall be received in
writing by the district superintendent within thirty (30) days following the commencement of each school
term.
(c) The election of student, faculty, and parent members of the committee shall be held within fourteen
(14) days following the closing of nominations under the supervision of the district superintendent.
(d) The initial meeting of the elected and appointed members shall be no later than fourteen (14) days
following the election.
Page 6
(4) Each committee member shall be entitled to a single vote and any code of student rights and
responsibilities adopted by a majority of the committee membership shall be submitted to the district
board of education which may cause such code, in whole or in part, to be implemented in the public
schools of the district.
(5) All meetings of the committee shall be open to the public and the committee shall hold at least one (1)
public hearing on the proposed code before it is adopted and submitted to the district board of education
for implementation.
(6) The code of student rights and responsibilities adopted by the committee may define rights and
responsibilities regarding, but not limited to, the following:
(a) Right of expression, including, but not limited to, appearance, assembly, association, and circulation
of petitions and literature;
(b) Right to participate in decision-making procedures directly affecting students;
(c) Right to procedural due process concerning major disciplinary action, as
defined by the code;
(d) Right to receive academic grades based only upon academic performance;
(e) Right to freedom from abuse and threat of abuse by members of school faculties and administration
personnel; and
(f) Right of access by a student to his or her own records and guarantee of the confidentiality of a
student's academic records outside of the school system, except upon written authorization of the
student or his or her parents or guardians.
(7) Students shall refrain from activity which materially or substantially disrupts the educational process or
presents a clear and present danger to the health and safety of persons or property, or infringes on the
rights of others.
ADMINISTRATIVE CODE
704 KAR 7:050. Student discipline guidelines.
RELATES TO: KRS 158.148, 158.150 STATUTORY AUTHORITY: KRS 156.070, 158.148 NECESSITY,
FUNCTION, AND CONFORMITY: KRS 156.070 authorizes the Kentucky Board of Education to
promulgate administrative regulations necessary for the efficient management, control, and operation of
the schools and programs under its jurisdiction. KRS 158.148 requires the Kentucky Department of
Education to develop guidelines containing broad principles to guide local school districts in developing
their own student discipline codes. This administrative regulation establishes the student discipline
guidelines required by KRS 158.148.
704 KAR 7:160. Use of physical restraint and seclusion in public schools.
Section 2. (1) Each local school district shall establish policies and procedures that:
(a) Ensure school personnel are aware of and parents are notified how to access the policies and
procedures regarding physical restraint and seclusion;
(b) Are designed to ensure the safety of all students, school personnel, and visitors;
(c) Require school personnel to be trained in accordance with the requirements outlined in Section 6 of
this administrative regulation;
(d) Outline procedures to be followed during and after each use of physical restraint or seclusion,
including notice to parents, documentation of the event in the student information system, and a
process for the parent or emancipated youth to request a debriefing session;
Page 7
(e) Require notification, within twenty four (24) hours, to the Kentucky Department of Education and
local law enforcement in the event of death, substantial risk of death, extreme physical pain, protracted
and obvious disfigurement or protracted loss or impairment of the function of a bodily member, organ,
or mental faculty resulting from the use of physical restraint or seclusion;
(f) Outline a procedure by which parents may submit a complaint regarding the physical restraint or
seclusion of their child, which shall require the district and school to investigate the circumstances
surrounding the physical restraint or seclusion, make written findings, and if appropriate, take corrective
action; and
(g) Outline a procedure to regularly review data on physical restraint and seclusion usage and revise
policies as needed.
Scope
Communication of Policy
STATUTES
156.240. Chief state school officer to publish school laws.
The chief state school officer shall prepare for publication biennially, the complete school laws of the
state, including abstracts of decisions of the Court of Justice, and opinions and interpretations of the
Attorney General and the chief state school officer. He shall explain the true intent and meaning of the
school laws and the published administrative regulations of the Kentucky Board of Education, and in
doing so he shall freely consult the Attorney General.
(3) Copies of the discipline guidelines shall be distributed to all school districts. The statewide guidelines
shall contain broad principles and legal requirements to guide local districts in developing their own
discipline code and school councils in the selection of discipline and classroom management techniques
under KRS 158.154; and in the development of the district-wide safety plan.
(4) Each local board of education shall be responsible for formulating a code of acceptable behavior and
discipline to apply to the students in each school operated by the board. The code shall be updated no
less frequently than every two (2) years, with the first update being completed by November 30, 2008.
(c) The code shall contain:
4. A process for informing students, parents, legal guardians, or other persons exercising custodial
control or supervision, and school employees of the requirements of the code and the provisions of
this section and KRS 158.156, 158.444, 525.070, and 525.080, including training for school
employees; and
5. Information regarding the consequences of violating the code and violations reportable under KRS
158.156 or 158.444.
(e) A copy of the code of behavior and discipline adopted by the board of education shall be posted at
each school. Guidance counselors shall be provided copies for discussion with students. The code shall
be referenced in all school handbooks. All school employees and parents, legal guardians, or other
persons exercising custodial control or supervision shall be provided copies of the code.
Page 8
ADMINISTRATIVE CODE
action; and
policies as needed.
Page 9

STATUTES
158.150. Suspension or expulsion of pupils.
(4) School administrators, teachers, or other school personnel may immediately remove or cause to be
removed threatening or violent students from a classroom setting or from the district transportation
system pending any further disciplinary action that may occur. Each board of education shall adopt a
policy to assure the implementation of this section and to assure the safety of the students and staff.



Page 10


STATUTES
(1) All pupils admitted to the common schools shall comply with the lawful regulations for the government
of the schools:
(a) Willful disobedience or defiance of the authority of the teachers or administrators, use of profanity or
vulgarity, assault or battery or abuse of other students, the threat of force or violence, the use or
possession of alcohol or drugs, stealing or destruction or defacing of school property or personal
property of students, the carrying or use of weapons or dangerous instruments, or other incorrigible bad
conduct on school property, as well as off school property at school-sponsored activities, constitutes
cause for suspension or expulsion from school; and
(b) Assault or battery or abuse of school personnel; stealing or willfully or wantonly defacing, destroying,
or damaging the personal property of school personnel on school property, off school property, or at
school-sponsored activities constitutes cause for suspension or expulsion from school.
(2) (a) Each local board of education shall adopt a policy requiring the expulsion from school for a period
of not less than one (1) year for a student who is determined by the board to have brought a weapon to
a school under its jurisdiction. In determining whether a student has brought a weapon to school, a local
board of education shall use the definition of "unlawful possession of a weapon on school property"
stated in KRS 527.070.
(b) The board shall also adopt a policy requiring disciplinary actions, up to and including expulsion from
school, for a student who is determined by the board to have possessed prescription drugs or controlled
substances for the purpose of sale or distribution at a school under the board's jurisdiction, or to have
physically assaulted or battered or abused educational personnel or other students at a school or
school function under the board's jurisdiction. The board may modify the expulsion requirement for
students on a case-by-case basis. A board that has expelled a student from the student's regular
school setting shall provide or assure that educational services are provided to the student in an
appropriate alternative program or setting, unless the board has made a determination, on the record,
supported by clear and convincing evidence, that the expelled student posed a threat to the safety of
other students or school staff and could not be placed into a state-funded agency program. Behavior
which constitutes a threat shall include but not be limited to the physical assault, battery, or abuse of
others; the threat of physical force; being under the influence of drugs or alcohol; the use, possession,
sale, or transfer of drugs or alcohol; the carrying, possessing, or transfer of weapons or dangerous
instruments; and any other behavior which may endanger the safety of others. Other intervention
services as indicated for each student may be provided by the board or by agreement with the
appropriate state or community agency. A state agency that provides the service shall be responsible
for the cost.
Page 11

STATUTES
(5) A pupil shall not be suspended from the common schools until after at least the following due process
procedures have been provided:
(a) The pupil has been given oral or written notice of the charge or charges against him which constitute
cause for suspension;
(b) The pupil has been given an explanation of the evidence of the charge or charges if the pupil denies
them; and
(c) The pupil has been given an opportunity to present his own version of the facts relating to the
charge or charges.
These due process procedures shall precede any suspension from the common schools unless
immediate suspension is essential to protect persons or property or to avoid disruption of the ongoing
academic process. In such cases, the due process procedures outlined above shall follow the suspension
as soon as practicable, but no later than three (3) school days after the suspension
158.153. Punishment based on child's records -- Disclosure of records -- Cause of action -Districtwide standards of behavior for students participating in extracurricular activities.
(1) Unless the action is taken pursuant to KRS 158.150, no school, school administrator, teacher, or other
school employee shall expel or punish a child based on information contained in a record of an
adjudication of delinquency or conviction of an offense received by the school pursuant to KRS 610.345
or from any other source. Nothing in this subsection shall be construed to prohibit a local school board or
school official from instituting disciplinary proceedings against any student for violating the discipline
policy of the school or school district or taking actions necessary to protect staff and students. Actions to
protect staff and students may be taken only after the principal makes a determination that the conduct of
the student reflected in the records of the school or obtained by the school from the court indicates a
substantial likelihood of an immediate and continuing threat that the student will cause harm to students
or staff, and that the restrictions to be ordered represent the least restrictive alternative available and
appropriate to remedy the threat, and that the determination and supporting material be documented in
the child's record. The action of the principal, in addition to or in lieu of any other procedure available,
may be appealed by the child or the child's parent or guardian to the superintendent of the school system
or to the Circuit Court in the county in which the school is located, and the appealing party may be
represented by counsel.
(2) No school, school administrator, teacher, or other school employee who has custody of records
received or maintained by the school pursuant to KRS 610.345 or who has received information
contained in or relating to a record received by the school pursuant to KRS 610.345 shall disclose the fact
of the record's existence, or any information contained in the record or received from the record to any
other person, including but not limited to other teachers, school employees, pupils, or parents other than
the pupil, or parents of the pupil who is the subject of the record.
(3) The child and his parent or guardian shall have a civil cause of action against the school board and
against any school administrator violating subsection (1) or (2) of this section or divulging information in
violation of KRS 610.345 or 610.340. This civil cause of action shall be in addition to any other criminal or
administrative remedy provided by law.
(4) Nothing in this section shall be construed to prohibit a local board of education from establishing
districtwide standards of behavior for students who participate in extracurricular and cocurricular activities,
Page 12
including athletics. A school principal may deny or terminate a student's eligibility to participate in
extracurricular or cocurricular activities if the student has violated the local district behavior standards or
the council's criteria for participation, as described in KRS 160.345(2)(i)8. A student's right to participate in
extracurricular or cocurricular activities, including athletics, may be suspended, pending investigation of
an allegation that the standards of behavior have been violated.
Administrative procedures related to suspensions and expulsion

STATUTES
(b) The board shall also adopt a policy requiring disciplinary actions, up to and including expulsion from
school, for a student who is determined by the board to have possessed prescription drugs or controlled
substances for the purpose of sale or distribution at a school under the board's jurisdiction, or to have
physically assaulted or battered or abused educational personnel or other students at a school or
school function under the board's jurisdiction. The board may modify the expulsion requirement for
students on a case-by-case basis. A board that has expelled a student from the student's regular
school setting shall provide or assure that educational services are provided to the student in an
appropriate alternative program or setting, unless the board has made a determination, on the record,
supported by clear and convincing evidence, that the expelled student posed a threat to the safety of
other students or school staff and could not be placed into a state-funded agency program. Behavior
which constitutes a threat shall include but not be limited to the physical assault, battery, or abuse of
others; the threat of physical force; being under the influence of drugs or alcohol; the use, possession,
sale, or transfer of drugs or alcohol; the carrying, possessing, or transfer of weapons or dangerous
instruments; and any other behavior which may endanger the safety of others. Other intervention
services as indicated for each student may be provided by the board or by agreement with the
appropriate state or community agency. A state agency that provides the service shall be responsible
for the cost.
(3) For purposes of this subsection, "charges" means substantiated behavior that falls within the grounds
for suspension or expulsion enumerated in subsection (1) of this section, including behavior committed by
a student while enrolled in a private or public school, or in a school within another state. A school board
may adopt a policy providing that, if a student is suspended or expelled for any reason or faces charges
that may lead to suspension or expulsion but withdraws prior to a hearing from any public or private
school in this or any other state, the receiving district may review the details of the charges, suspension,
or expulsion and determine if the student will be admitted, and if so, what conditions may be imposed
upon the admission.
(4) School administrators, teachers, or other school personnel may immediately remove or cause to be
removed threatening or violent students from a classroom setting or from the district transportation
system pending any further disciplinary action that may occur. Each board of education shall adopt a
policy to assure the implementation of this section and to assure the safety of the students and staff.
(5) A pupil shall not be suspended from the common schools until after at least the following due process
procedures have been provided:
Page 13
(a) The pupil has been given oral or written notice of the charge or charges against him which constitute
cause for suspension;
(b) The pupil has been given an explanation of the evidence of the charge or charges if the pupil denies
them; and
(c) The pupil has been given an opportunity to present his own version of the facts relating to the
charge or charges.
These due process procedures shall precede any suspension from the common schools unless
immediate suspension is essential to protect persons or property or to avoid disruption of the ongoing
academic process. In such cases, the due process procedures outlined above shall follow the suspension
as soon as practicable, but no later than three (3) school days after the suspension.
(6) The superintendent, principal, assistant principal, or head teacher of any school may suspend a pupil
but shall report the action in writing immediately to the superintendent and to the parent, guardian, or
other person having legal custody or control of the pupil. The board of education of any school district
may expel any pupil for misconduct as defined in subsection (1) of this section, but the action shall not be
taken until the parent, guardian, or other person having legal custody or control of the pupil has had an
opportunity to have a hearing before the board. The decision of the board shall be final.
(7) (a) Suspension of exceptional children, as defined in KRS 157.200, shall be considered a change of
educational placement if:
1. The child is removed for more than ten (10) consecutive days during a school year; or
2. The child is subjected to a series of removals that constitute a pattern because the removals
accumulate to more than ten (10) school days during a school year and because of other factors,
such as the length of each removal, the total amount of time the child is removed, and the proximity of
removals to one another.
(b) The admissions and release committee shall meet to review the placement and make a
recommendation for continued placement or a change in placement and determine whether regular
suspension or expulsion procedures apply. Additional evaluations shall be completed, if necessary.
(c) If the admissions and release committee determines that an exceptional child's behavior is related to
his disability, the child shall not be suspended any further or expelled unless the current placement
could result in injury to the child, other children, or the educational personnel, in which case an
appropriate alternative placement shall be provided that will provide for the child's educational needs
and will provide a safe learning and teaching environment for all. If the admissions and release
committee determines that the behavior is not related to the disability, the local educational agency may
pursue its regular suspension or expulsion procedure for the child, if the behavior so warrants.
However, educational services shall not be terminated during a period of expulsion and during a
suspension after a student is suspended for more than a total of ten (10) days during a school year. A
district may seek temporary injunctive relief through the courts if the parent and the other members of
the admissions and release committee cannot agree upon a placement and the current placement will
likely result in injury to the student or others.
(8) Suspension of primary school students shall be considered only in exceptional cases where there are
safety issues for the child or others.
(9) Any action under this section related to students with disabilities shall be in compliance with applicable
federal law.
Page 14


ADMINISTRATIVE CODE
RELATES TO: KRS 156.160(1)(h), 158.444(1) STATUTORY AUTHORITY: KRS 156.160(1)(h), 156.070,
158.444 (1) NECESSITY, FUNCTION, AND CONFORMITY: KRS 156.160(1)(h) and 158.444 (1) give the
Kentucky Board of Education the authority to promulgate administrative regulations related to medical
inspection, physical and health education and recreation, and other regulations necessary or advisable
for the physical welfare and safety of the public school children. This administrative regulation establishes
the requirements for the use of physical restraint and seclusion in districts and the notification and data
reporting requirements for the use of physical restraint and seclusion in districts and does not prohibit the
lawful exercise of law enforcement duties by sworn law enforcement officers.
Section 1. Definitions.
(1) "Aversive behavioral interventions" means a physical or sensory intervention program intended to
modify behavior that the implementer knows would cause physical trauma, emotional trauma, or both, to
a student even when the substance or stimulus appears to be pleasant or neutral to others and may
include hitting, pinching, slapping, water spray, noxious fumes, extreme physical exercise, loud auditory
stimuli, withholding of meals, or denial of reasonable access to toileting facilities.
(2) "Behavioral intervention" means the implementation of strategies to address behavior that is
dangerous or inappropriate, or otherwise impedes the learning of the students.
(3) "Chemical restraint" means the use of medication to control behavior or restrict a students freedom of
movement that includes over-the-counter medications used for purposes not specified on the label but
does not include medication prescribed by a licensed medical professional and supervised by qualified
and trained individuals in accordance with professional standards.
(4) "Dangerous behavior" means behavior that presents an imminent danger of physical harm to self or
others but does not include inappropriate behaviors such as disrespect, noncompliance, insubordination,
or out of seat behaviors.
(5) "De-escalation" means the use of behavior management techniques intended to:
(a) Mitigate and defuse dangerous behavior of a student; or
(b) Reduce the imminent danger of physical harm to self or others.
(6) "Emancipated youth" means a student under the age of eighteen (18) who is or has been married or
has by court order or otherwise been freed from the care, custody, and control of the students parents.
(7) "Emergency" means a sudden, urgent occurrence, usually unexpected but sometimes anticipated, that
requires immediate action.
(8) "Mechanical restraint" means the use of any device or equipment to restrict a students freedom of
movement, but does not include:
(a) A device implemented by trained school personnel or utilized by a student that has been prescribed
by an appropriate medical or related services professional that is used for the specific and approved
purposes for which the device was designed;
Page 15
(b) An adaptive device or mechanical support used to achieve proper body position, balance, or
alignment to allow greater freedom of mobility than would be possible without the use of the device or
mechanical support;
(c) A vehicle safety restraint if used as intended during the transport of a student in a moving vehicle;
(d) Restraint for medical immobilization; or
(e) An orthopedically prescribed device that permits a student to participate in activities without risk of
harm.
(9) "Parent" means a natural parent, a guardian, or an individual acting as a parent in the absence of a
parent or a guardian of the student.
(10) "Physical Restraint" means a personal restriction that immobilizes or reduces the ability of a student
to move the students torso, arms, legs, or head freely, but does not include:
(a) Temporary touching or holding of the hand, wrist, arm, shoulder, or back for the purpose of
encouraging a student to move voluntarily to a safe location;
(b) A behavioral intervention, such as proximity control or verbal soothing, used as a response to calm
and comfort an upset student;
(c) Less restrictive physical contact or redirection to promote student safety; or
(d) Physical guidance or prompting when teaching a skill or redirecting the students attention.
(11) "Positive behavioral supports" means a school-wide systematic approach to embed evidence-based
practices and data-driven decision-making to:
(a) Improve school climate and culture in order to achieve improved academic and social outcomes;
(b) Increase learning for all students, including those with the most complex and intensive behavior
needs;
(c) Encompass a range of systemic and individualized positive strategies to reinforce desired behaviors;
(d) Diminish reoccurrence of inappropriate or dangerous behaviors; and
(e) Teach appropriate behaviors to students.
(12) "Prone restraint" means the student is restrained in a face down position on the floor or other
surface, and physical pressure is applied to the students body to keep the student in the prone position.
(13) "School personnel" means teachers, principals, administrators, counselors, social workers,
psychologists, paraprofessionals, nurses, librarians, school resource officers, sworn law enforcement
officers, and other support staff who are employed in a school or who perform services in the school on a
contractual basis.
(14) "School resource officer" is defined in KRS 158.441(2).
(15) "Seclusion" means the involuntary confinement of a student alone in a room or area from which the
student is prevented from leaving but does not mean classroom timeouts, supervised in-school
detentions, or out-of-school suspensions.
(16) "Student" means any person enrolled in a preschool, school level as established in 703 KAR 5:240,
Section 5, or other educational program offered by a local public school district.
(17) "Supine restraint" means the student is restrained in a face up position on the students back on the
floor or other surface, and physical pressure is applied to the students body to keep the student in the
supine position.
(18) "Timeout" means a behavior management technique that is part of an approved program, involves
the monitored separation of the student in a non-locked setting, and is implemented for the purpose of
calming.
Page 16
Section 2.
(1) Each local school district shall establish policies and procedures that:
action; and
policies as needed.
(2) Each local school district shall revise existing policies or develop policies consistent with this
administrative regulation within ninety (90) calendar days of the effective date of this administrative
regulation.
Section 3.
(1) Physical restraint shall not be used in a public school or educational program:
(a) As punishment or discipline;
(b) To force compliance or to retaliate;
(c) As a substitute for appropriate educational or behavioral support;
(d) To prevent property damage, except as permitted under KRS Chapter 503;
(e) As a routine school safety measure; or
(f) As a convenience for staff.
(2) School personnel shall not impose the following on any student at any time:
(a) Mechanical restraint;
(b) Chemical restraint;
(c) Aversive behavioral interventions;
(d) Physical restraint that is life-threatening;
(e) Prone or supine restraint; or
(f) Physical restraint if they know that physical restraint is contraindicated based on the students
disability, health care needs, or medical or psychiatric condition.
(3) Physical restraint may only be implemented in a public school or educational program if:
(a) The students behavior poses an imminent danger of physical harm to self or others and as
permitted under KRS 503.050, 503.070, and 503.110;
Page 17
(b) The physical restraint does not interfere with the students ability to communicate in the students
primary language or mode of communication, unless the student uses sign language or an
augmentative mode of communication as the students primary mode of communication and the
implementer determines that freedom of the students hands for brief periods during the restraint
appears likely to result in physical harm to self or others;
(c) The students physical and psychological well-being is monitored for the duration of the physical
restraint;
(d) Less restrictive behavioral interventions have been ineffective in stopping the imminent danger of
physical harm to self or others, except in the case of a clearly unavoidable emergency situation posing
imminent danger of physical harm to self or others; and
(e) School personnel implementing the physical restraint are appropriately trained as required by
Section 6(3) of this administrative regulation, except to the extent necessary to prevent physical harm to
self or others in clearly unavoidable emergency circumstances where other school personnel intervene
and summon trained school personnel as soon as possible.
(4) When implementing a physical restraint, school personnel shall use only the amount of force
reasonably believed to be necessary to protect the student or others from imminent danger of physical
harm.
(5) The use of physical restraint shall end as soon as:
(a) The students behavior no longer poses an imminent danger of physical harm to self or others; or
(b) A medical condition occurs putting the student at risk of harm.
Section 4.
(1) Seclusion shall not be used in a public school or educational program:
(a) As punishment or discipline;
(b) To force compliance or to retaliate;
(c) As a substitute for appropriate educational or behavioral support;
(d) To prevent property damage in the absence of imminent danger of physical harm to self or others;
(e) As a routine school safety measure;
(f) As a convenience for staff; or
(g) As a substitute for timeout.
(2) Seclusion may only be implemented in a public school or educational program if:
(a) The students behavior poses an imminent danger of physical harm to self or others;
(b) The student is visually monitored for the duration of the seclusion;
(c) Less restrictive interventions have been ineffective in stopping the imminent danger of physical harm
to self or others; and
(d) School personnel implementing the seclusion are appropriately trained to use seclusion.
(3) The use of seclusion shall end as soon as:
(a) The students behavior no longer poses an imminent danger of physical harm to self or others; or
(b) A medical condition occurs putting the student at risk of harm.
(4) A setting used for seclusion shall:
(a) Be free of objects and fixtures with which a student could inflict physical harm to self or others;
(b) Provide school personnel a view of the student at all times;
(c) Provide adequate lighting and ventilation;
Page 18
(d) Be reviewed by district administration to ensure programmatic implementation of guidelines and

data related to its use;
(e) Have an unlocked and unobstructed door; and
(f) Have at least an annual fire and safety inspection.
Section 5.
(1) All physical restraints and seclusions shall be documented by a written record of each use of
seclusion or physical restraint and be maintained in the students education record. Each record of a use
of physical restraint or seclusion shall be informed by an interview with the student and shall include:
(a) The students name;
(b) A description of the use of physical restraint or seclusion and the student behavior that resulted in
the physical restraint or seclusion;
(c) The date of the physical restraint or seclusion and school personnel involved;
(d) The beginning and ending times of the physical restraint or seclusion;
(e) A description of any events leading up to the use of physical restraint or seclusion including possible
factors contributing to the dangerous behavior;
(f) A description of the students behavior during physical restraint or seclusion;
(g) A description of techniques used in physically restraining or secluding the student and any other
interactions between the student and school personnel during the use of physical restraint or seclusion;
(h) A description of any behavioral interventions used immediately prior to the implementation of
physical restraint or seclusion;
(i) A description of any injuries to students, school personnel, or others;
(j) A description as to how the students behavior posed an imminent danger of physical harm to self or
others;
(k) The date the parent was notified;
(l) A description of the effectiveness of physical restraint or seclusion in de-escalating the situation;
(m) A description of the school personnel response to the dangerous behavior;
(n) A description of the planned positive behavioral interventions which shall be used to reduce the
future need for physical restraint or seclusion of the student; and
(o) For any student not identified as eligible for services under either Section 504 of the Rehabilitation
Act or the Individuals with Disabilities Education Act, documentation of a referral under either law or
documentation of the basis for declining to refer the student.
(2) If the student is not an emancipated youth, the parent of the student shall be notified of the physical
restraint and seclusion verbally or through electronic communication, if available to the parent, as soon as
possible within twenty-four (24) hours of the incident. If the parent cannot be reached within twenty-four
(24) hours, a written communication shall be mailed to the parent via U.S. mail.
(3) The principal of the school shall be notified of the seclusion or physical restraint as soon as possible,
but no later than the end of the school day on which it occurred.
(4) The physical restraint or seclusion record as outlined in subsection (1) of this section shall be
completed by the end of the next school day following the use of seclusion or physical restraint.
(5) If the parent or emancipated youth requests a debriefing session under Section 2(1)(d) of this
administrative regulation, a debriefing session shall be held after the imposition of physical restraint or
seclusion upon a student.
(6) The following persons shall participate in the debriefing session:
Page 19
(a) The implementer of the physical restraint or seclusion;

(b) At least two (2) of any other school personnel who were in the proximity of the student immediately
before or during the physical restraint or seclusion;
(c) The parent of an unemancipated student;
(d) The student, if the parent requests or if the student is an emancipated youth; and
(e) Appropriate supervisory and administrative school personnel, which may include appropriate
Admissions and Release Committee members, Section 504 team members, or response to intervention
team members.
(7) The debriefing session shall occur as soon as practicable, but not later than five (5) school days
following the request of the parent or the emancipated youth, unless delayed by written mutual agreement
of the parent or emancipated youth and the school.
(8) The debriefing session shall include:
(a) Identification of the events leading up to the seclusion or physical restraint;
(b) Consideration of relevant information in the students records and information from teachers,
parents, other school district professionals, and the student;
(c) Planning for the prevention and reduction of the need for seclusion or physical restraint, with
consideration of recommended appropriate positive behavioral supports and interventions to assist
school personnel responsible for implementing the students IEP, or Section 504 plan, or response to
intervention plan, if applicable, and consideration of whether positive behavioral supports and
interventions were implemented with fidelity; and
(d) For any student not identified as eligible for services under either Section 504 of the Rehabilitation
Act or the Individuals with Disabilities Education Act, consideration of a referral under either law and
documentation of the referral or documentation of the basis for declining to refer the student.
(9) All documentation utilized in the debriefing session shall become part of the students education
record.
Section 6.
(1)(a) All school personnel shall be trained in state administrative regulations and school district policies
and procedures regarding physical restraint and seclusion.
(b) All school personnel shall be trained annually to use an array of positive behavioral supports and
interventions to:
1. Increase appropriate student behaviors;
2. Decrease inappropriate or dangerous student behaviors; and
3. Respond to dangerous behavior.
(c) This training may be delivered utilizing web-based applications.
(d) This training shall include:
1. Appropriate procedures for preventing the need for physical restraint and seclusion, including
positive behavioral supports and interventions;
2. State administrative regulations and school district policies and procedures regarding physical
restraint and seclusion;
3. Proper use of positive reinforcement;
4. The continuum of use for alternative behavioral interventions;
5. Crisis prevention;
Page 20
6. De-escalation strategies for responding to inappropriate or dangerous behavior, including verbal

de-escalation, and relationship building; and
7. Proper use of seclusion as established in Section 4 of this administrative regulation, including
instruction on monitoring physical signs of distress and obtaining medical assistance if necessary.
(2) All school personnel shall receive annual written or electronic communication from the district
identifying core team members in the school setting who have been trained to implement physical
restraint.
(3) A core team of selected school personnel shall be designated to respond to dangerous behavior and
to implement physical restraint of students. The core team, except school resource officers and other
sworn law enforcement officers, shall receive additional yearly training in the following areas:
(a) Appropriate procedures for preventing the use of physical restraint except as permitted by this
administrative regulation;
(b) A description and identification of dangerous behaviors that may indicate the need for physical
restraint and methods for evaluating the risk of harm in individual situations, in order to determine
whether the use of physical restraint is safe and warranted;
(c) Simulated experience of administering and receiving physical restraint, and instruction regarding the
effect on the person physically restrained, including instruction on monitoring physical signs of distress
and obtaining medical assistance;
(d) Instruction regarding documentation and notification requirements and investigation of injuries; and
(e) Demonstration by core team members of proficiency in the prevention and use of physical restraint.
Section 7. The following data shall be reported by the district in the student information system related to
incidents of physical restraint and seclusion:
(1) Aggregate number of uses of physical restraint;
(2) Aggregate number of students placed in physical restraint;
(3) Aggregate number of uses of seclusion;
(4) Aggregate number of students placed in seclusion;
(5) Aggregate number of instances of substantial risk of death, extreme physical pain, protracted and
obvious disfigurement or protracted loss or impairment of the function of a bodily member, organ, or
mental faculty to students related to physical restraint and seclusion;
mental faculty to school personnel related to physical restraint and seclusion; and
(7) Aggregate number of instances in which a school resource officer or other sworn law enforcement
officer is involved in the physical restraint or seclusion of a student. (39 Ky.R. 678; 1207; 1400; eff. 2-12013.)
Alternative Placements
STATUTES
(2) (b)[...] A board that has expelled a student from the student's regular school setting shall provide or
assure that educational services are provided to the student in an appropriate alternative program or
setting, unless the board has made a determination, on the record, supported by clear and convincing
evidence, that the expelled student posed a threat to the safety of other students or school staff and could
Page 21
not be placed into a state-funded agency program. Behavior which constitutes a threat shall include but
not be limited to the physical assault, battery, or abuse of others; the threat of physical force; being under
the influence of drugs or alcohol; the use, possession, sale, or transfer of drugs or alcohol; the carrying,
possessing, or transfer of weapons or dangerous instruments; and any other behavior which may
endanger the safety of others. Other intervention services as indicated for each student may be provided
by the board or by agreement with the appropriate state or community agency. A state agency that
provides the service shall be responsible for the cost.
ADMINISTRATIVE CODE
704 KAR 19:002. Alternative education programs.
RELATES TO: KRS 156.070, 156.160, 160.380 STATUTORY AUTHORITY: KRS 156.070, 156.160
NECESSITY, FUNCTION, AND CONFORMITY: KRS 156.070 grants the Kentucky Board of Education
the authority over the management and control of programs operated in the common schools. KRS
156.160 grants the Kentucky Board of Education the specific authority to promulgate administrative
regulations establishing standards which school districts shall meet in program service to students. This
administrative regulation establishes minimum requirements for the operation of alternative education
programs in school districts.
(1) "Alternative education program" is defined by KRS 160.380(1)(a).
(2) Child with a disability means a child evaluated in accordance with 707 KAR 1:300, as meeting the
criteria listed in the definitions in 707 KAR 1:002 for autism, deaf-blindness, developmental delay,
emotional-behavior disability, hearing impairment, mental disability, multiple disabilities, orthopedic
impairment, other health impairment, specific learning disability, speech or language impairment,
traumatic brain injury, or visual impairment which has an adverse effect on the childs educational
performance and who, as a result, needs special education and related services.
(3) "Individual education program" or "IEP" means a written statement for a child with a disability that is
developed, reviewed, and revised in accordance with 707 KAR 1:320.
(4) "Individual learning plan" or "ILP" means a comprehensive framework for advising students in grades
six (6) through twelve (12) to engage in coursework and activities that will best prepare them to both
realize college and career success and become contributing members of their communities.
(5) "Individual learning plan addendum" or "ILPA" means an action plan that addresses the changed
educational needs of a student based upon entry into or exit from an alternative education program that
includes, as appropriate, academic and behavioral needs of the student, criteria for the students re-entry
into the traditional program, and provisions for regular review of the students progress throughout the
school year while in an alternative education program.
(6) "Involuntary placement" means the placement of a student in an alternative education program by
local district school personnel:
(a) 1. To ensure the safety of the individual student, the student body, or staff;
2. To meet the educational needs of the student;
3. To transition the student to a placement as a state agency child pursuant to KRS 158.135 and 505
KAR 1:080; or
4. For disciplinary purposes; and
(b) Not made at the request of the parent or emancipated student.
(7) "Off-site program" means an alternative education program located in a separate and dedicated
program facility not located within the students assigned school.
Page 22
(8) "On-site program" means an alternative education program located within the students assigned
school.
(9) "Voluntary placement" means the placement of a student in an alternative education program at the
request of the parent or emancipated student and with the agreement of school personnel to better meet
the educational needs of the student.
Section 2. General Requirements.
(1)(a) A district shall ensure that each alternative education program:
1. Aligns with college and career readiness outcomes;
2. Is not limited in scope or design; and
3. Includes training to build capacity of staff and administrators to deliver high-quality services and
programming that conform with best practices and guide all students to college and career readiness.
(b) A student enrolled in an alternative education program may be eligible to participate in one (1) or
more types of programs to address student learning needs that may include an alternative digital
learning environment, credit recovery, or an innovative path to graduation.
(2) Each local board of education shall adopt and annually review policies and procedures for the
operation of each alternative education program within the district. Locally-adopted policies and
procedures shall include the:
(a) Purpose of the program, including the ways the program supports the districts college and career
readiness goals for students;
(b) Eligibility criteria, as appropriate;
(c) Process for entering students into the program;
(d) Process for transitioning students out of the program;
(e) Composition of the team to develop the ILPA, which shall include an invitation to the parents to
participate and, as appropriate, an invitation to the student to participate; and
(f) Procedures for collaboration with outside agencies involved with involuntary placements, including
courts or other social service agencies to address student transitions between programs.
(3) An alternative education program shall be either an on-site program or an off-site program.
(4) Alternative education program curriculum shall be aligned with the Kentucky Core Academic
Standards established in 704 KAR 3:303, and the student learning goals in the ILP.
(5) Each alternative education program student shall be subject to the minimum graduation requirements
established in 704 KAR 3:305 and any additional local district graduation requirements.
(6) An alternative education program shall be subject to any applicable requirements of 703 KAR 5:225
and Kentuckys Elementary and Secondary Education Act Flexibility Waiver, or its successor.
(7) Each student participating in an alternative education program shall be eligible to access
extracurricular activities as allowed by local district and school council policies and by 702 KAR 7:065 or
other applicable organization rules.
(8) Each student participating in an alternative education program shall continue to be able to access
resources and services already available in the district, including instructional materials, tutoring,
intervention, and counseling services, in furtherance of each students educational program as
determined through the development of the ILPA.
Section 3. Placement of Students.
(1)(a) The placement of students by the district in an alternative education program shall be either
voluntary or involuntary.
Page 23
(b) A student entering an alternative education program shall meet the eligibility requirements for the
program established by the local board pursuant to Section 2 of this administrative regulation.
(c) The district shall ensure that an ILP, as required by 704 KAR 3:305, exists prior to placement of a
student in an alternative education program.
(2)(a) The placement decision for all students with an IEP shall be made through the admissions and
release committee (ARC) process pursuant to 707 KAR 1:320.
(b) For a child with a disability, the IEP shall address the changed educational delivery needs of the
student based upon entry into or exit from an alternative education program.
(c) The placement decisions for a student who has been identified under 29 U.S.C. 794, Section 504
of the Rehabilitation Act of 1973, as amended, shall be made through a team process consistent with
the applicable requirements outlined in 34 C.F.R. Part 104.
Section 4. Costs and Expenditures. Each district shall use the statewide financial management system
and chart of accounts to track costs and expenditures associated with each alternative education program
operating in the district.
Section 5. Data.
(1) Each district shall utilize the student information system to enter data regarding each student enrolled
in an alternative education program.
(2) Data collected shall include demographic, programmatic, or other data fields contained in the student
information system or required by the department to track and report student participation, educational
programming, achievement, and transition to and from alternative education programs.
Section 6. Personnel. Alternative education program teachers and administrators shall be subject to the
teacher certification requirements established in KRS 161.020, and shall comply with the classified and
certified assignment restrictions established in KRS 160.380(3). (39 Ky.R. 1082; 1465; 1694; eff. 3-8-12.)
Page 24

Conditions
STATUTES
of the schools:
cause for suspension or expulsion from school; []
of not less than one (1) year for a student who is determined by the board to have brought a weapon to a
school under its jurisdiction. In determining whether a student has brought a weapon to school, a local
board of education shall use the definition of "unlawful possession of a weapon on school property" stated
in KRS 527.070.
Other weapons
STATUTES
of the schools:
cause for suspension or expulsion from school; and
(b) Assault or battery or abuse of school personnel; stealing or willfully or wantonly defacing, destroying,
or damaging the personal property of school personnel on school property, off school property, or at
school-sponsored activities constitutes cause for suspension or expulsion from school.
Page 25


STATUTES
159.150. Definitions of truant and habitual truant -- Attendance record requirements -- Adoption of
truancy policies by local school boards.
(1) Any student who has attained the age of six (6) years, but has not reached his or her eighteenth
birthday, who has been absent from school without valid excuse for three (3) or more days, or tardy
without valid excuse on three (3) or more days, is a truant.
(2) Any student enrolled in a public school who has attained the age of eighteen (18) years, but has not
reached his or her twenty-first birthday, who has been absent from school without valid excuse for three
(3) or more days, or tardy without valid excuse on three (3) or more days, is a truant.
(3) Any student who has been reported as a truant two (2) or more times is an habitual truant.
(4) For the purposes of establishing a student's status as a truant, the student's attendance record is
cumulative for an entire school year. If a student transfers from one (1) Kentucky public school to another
during a school year, the receiving school shall incorporate the attendance information provided under
KRS 159.170 in the student's official attendance record.
(5) A local board of education may adopt reasonable policies that:
(a) Require students to comply with compulsory attendance laws;
(b) Require truants and habitual truants to make up unexcused absences; and
(c) Impose sanctions for noncompliance.
Substance use
STATUTES
of the schools:
cause for suspension or expulsion from school
(2) [] (b) The board shall also adopt a policy requiring disciplinary actions, up to and including expulsion
from school, for a student who is determined by the board to have possessed prescription drugs or
controlled substances for the purpose of sale or distribution at a school under the board's jurisdiction, or
to have physically assaulted or battered or abused educational personnel or other students at a school
or school function under the board's jurisdiction. The board may modify the expulsion requirement for
students on a case-by-case basis
Page 26
158.154. Principal's duty to report certain acts to local law enforcement agency.
When the principal has a reasonable belief that an act has occurred on school property or at a schoolsponsored function involving assault resulting in serious physical injury, a sexual offense, kidnapping,
assault involving the use of a weapon, possession of a firearm in violation of the law, possession of a
controlled substance in violation of the law, or damage to the property, the principal shall immediately
report the act to the appropriate local law enforcement agency. For purposes of this section, "school
property" means any public school building, bus, public school campus, grounds, recreational area, or
athletic field, in the charge of the principal.

STATUTES
158.156. Reporting of commission of felony KRS Chapter 508 offense against a student -Investigation -- Immunity from liability for reporting -- Privileges no bar to reporting.
(1) Any employee of a school or a local board of education who knows or has reasonable cause to
believe that a school student has been the victim of a violation of any felony offense specified in KRS
Chapter 508 committed by another student while on school premises, on school-sponsored
transportation, or at a school-sponsored event shall immediately cause an oral or written report to be
made to the principal of the school attended by the victim. The principal shall notify the parents, legal
guardians, or other persons exercising custodial control or supervision of the student when the student is
involved in an incident reportable under this section. The principal shall file with the local school board
and the local law enforcement agency or the Department of Kentucky State Police or the county attorney
within forty-eight (48) hours of the original report a written report containing:
(a) The names and addresses of the student and his or her parents, legal guardians, or other persons
exercising custodial control or supervision;
(b) The student's age;
(c) The nature and extent of the violation;
(d) The name and address of the student allegedly responsible for the violation; and
(e) Any other information that the principal making the report believes may be helpful in the furtherance
of the purpose of this section.
(2) An agency receiving a report under subsection (1) of this section shall investigate the matter referred
to it. The school board and school personnel shall participate in the investigation at the request of the
agency.
(3) Anyone acting upon reasonable cause in the making of a report required under this section in good
faith shall have immunity from any liability, civil or criminal, that might otherwise be incurred or imposed.
Any such participant shall have the same immunity with respect to participation in any judicial proceeding
resulting from such report or action.
(4) Neither the husband-wife nor any professional-client/patient privilege, except the attorney-client and
clergy-penitent privilege, shall be a ground for refusing to report under this section or for excluding
evidence regarding student harassment in any judicial proceedings resulting from a report pursuant to this
section. This subsection shall also apply in any criminal proceeding in District or Circuit Court regarding
student harassment.
(Per personal communication with Kentucky DOE personnel, KRS 158.156, is Kentuckys Bullying Law.
This law only covers behavior incidents that rise to the level of felony KRS Chapter 508 offenses, but it is
the basis for dealing with all bullying in the state. Other bullying related laws are KRS 525.070
Page 27
(harassment) and KRS 525.080 (harassing communications), listed under CHAPTER 525 RIOT,
DISORDERLY CONDUCT, AND RELATED OFFENSES)
158.183. Prohibited acts by students -- Rights of student -- Administrative remedies.
(1) A student shall have the right to carry out an activity described in any of paragraphs (a) to (d) of
subsection (2) of this section, if the student does not:
(b) Harass other persons or coerce other persons to participate in the activity; or
(c) Otherwise infringe on the rights of other persons.
525.070. Harassment.
(1) A person is guilty of harassment when, with intent to intimidate, harass, annoy, or alarm another
person, he or she:
(a) Strikes, shoves, kicks, or otherwise subjects him to physical contact;
(b) Attempts or threatens to strike, shove, kick, or otherwise subject the person to physical contact;
(c) In a public place, makes an offensively coarse utterance, gesture, or display, or addresses abusive
language to any person present;
(d) Follows a person in or about a public place or places;
(e) Engages in a course of conduct or repeatedly commits acts which alarm or seriously annoy such
other person and which serve no legitimate purpose; or
(f) Being enrolled as a student in a local school district, and while on school premises, on schoolsponsored transportation, or at a school-sponsored event:
1. Damages or commits a theft of the property of another student;
2. Substantially disrupts the operation of the school; or
3. Creates a hostile environment by means of any gestures, written communications, oral statements,
or physical acts that a reasonable person under the circumstances should know would cause another
student to suffer fear of physical harm, intimidation, humiliation, or embarrassment.
(2) (a) Except as provided in paragraph (b) of this subsection, harassment is a violation.
(b) Harassment, as defined in paragraph (a) of subsection (1) of this section, is a Class B misdemeanor.
525.080. Harassing communications.
(1) A person is guilty of harassing communications when, with intent to intimidate, harass, annoy, or alarm
another person, he or she:
(a) Communicates with a person, anonymously or otherwise, by telephone, telegraph, mail, or any other
form of written communication in a manner which causes annoyance or alarm and serves no purpose of
legitimate communication;
(b) Makes a telephone call, whether or not conversation ensues, with no purpose of legitimate
communication; or
(c) Communicates, while enrolled as a student in a local school district, with or about another school
student, anonymously or otherwise, by telephone, the Internet, telegraph, mail, or any other form of
electronic or written communication in a manner which a reasonable person under the circumstances
should know would cause the other student to suffer fear of physical harm, intimidation, humiliation, or
embarrassment and which serves no purpose of legitimate communication.
(2) Harassing communications is a Class B misdemeanor.
Page 28

STATUTES
158.165. Possession and use of personal telecommunications device by public school student.
(1) The board of education of each school district shall develop a policy regarding the possession and use
of a personal telecommunications device by a student while on school property or while attending a
school-sponsored or school-related activity on or off school property, and shall include the policy in the
district's written standards of student conduct. A student who violates the policy shall be subject to
discipline as provided by board policy.
(2) In this section, "personal telecommunications device" means a device that emits an audible signal,
vibrates, displays a message, or otherwise summons or delivers a communication to the possessor,
including, but not limited to, a paging device and a cellular telephone.
158.183. Prohibited acts by students -- Rights of student -- Administrative remedies.
(1) A student shall have the right to carry out an activity described in any of paragraphs (a) to (d) of
subsection (2) of this section, if the student does not:
(a) Infringe on the rights of the school to:
1. Maintain order and discipline;
2. Prevent disruption of the educational process; and
3. Determine educational curriculum and assignments;
(b) Harass other persons or coerce other persons to participate in the activity; or
(c) Otherwise infringe on the rights of other persons.
(2) Subject to the provisions of subsection (1) of this section, a student shall be permitted to voluntarily:
(a) Pray in a public school, vocally or silently, alone or with other students to the same extent and under
the same circumstances as a student is permitted to vocally or silently reflect, meditate, or speak on
nonreligious matters alone or with other students in the public school;
(b) Express religious viewpoints in a public school to the same extent and under the same
circumstances as a student is permitted to express viewpoints on nonreligious topics or subjects in the
school;
(c) Speak to and attempt to discuss religious viewpoints with other students in a public school to the
same extent and under the same circumstances as a student is permitted to speak to and attempt to
share nonreligious viewpoints with other students. However, any student may demand that this speech
or these attempts to share religious viewpoints not be directed at him or her;
(d) Distribute religious literature in a public school, subject to reasonable time, place, and manner
restrictions to the same extent and under the same circumstances as a student is permitted to distribute
literature on nonreligious topics or subjects in the school; and
(e) Be absent, in accordance with attendance policy, from a public school to observe religious holidays
and participate in other religious practices to the same extent and under the same circumstances as a
student is permitted to be absent from a public school for nonreligious purposes.
(3) No action may be maintained under KRS 158.181 to 158.187 unless the student has exhausted the
following administrative remedies;
(a) The student or the student's parent or guardian shall state his or her complaint to the school's
principal. The principal shall investigate and take appropriate action to ensure the rights of the student
are resolved within seven (7) days of the date of the complaint;
Page 29
(b) If the concerns are not resolved, then the student or the student's parent or guardian shall make a
complaint in writing to the superintendent with the specific facts of the alleged violation;
(c) The superintendent shall investigate and take appropriate action to ensure that
the rights of the student are resolved within thirty (30) days of the date of the written complaint; and
(d) Only after the superintendent's investigation and action may a student or the student's parent or
legal guardian pursue any other legal action.
Page 30

Prevention
STATUTES
158.441. Definitions for chapter.
As used in this chapter, unless the context requires otherwise:
(1) "Intervention services" means any preventive, developmental, corrective, supportive services or
treatment provided to a student who is at risk of school failure, is at risk of participation in violent behavior
or juvenile crime, or has been expelled from the school district. Services may include, but are not limited
to, screening to identify students at risk for emotional disabilities and antisocial behavior; direct instruction
in academic, social, problem solving, and conflict resolution skills; alternative educational programs;
psychological services; identification and assessment of abilities; counseling services; medical services;
day treatment; family services; work and community service programs.
schools.
and
Page 31
(j) A teacher;
ADMINISTRATIVE CODE
Section 6. (1)(a) All school personnel shall be trained in state administrative regulations and school
district policies and procedures regarding physical restraint and seclusion.
interventions to:
instruction on monitoring physical signs of distress and obtaining medical assistance if necessary. []
Page 32

STATUTES
158.440. Legislative findings on school safety and order.
The General Assembly finds that:
(1) Every student should have access to a safe, secure, and orderly school that is conducive to learning;
(2) All schools and school districts must have plans, policies, and procedures dealing with measures for
assisting students who are at risk of academic failure or of engaging in disruptive and disorderly behavior;
and
(3) State and local resources are needed to enlarge the capacities for research, effective programming,
and program evaluation that lead to success in addressing safety and discipline within the schools.
(1) "Intervention services" means any preventive, developmental, corrective, supportive services or
treatment provided to a student who is at risk of school failure, is at risk of participation in violent behavior
or juvenile crime, or has been expelled from the school district. Services may include, but are not limited
to, screening to identify students at risk for emotional disabilities and antisocial behavior; direct instruction
in academic, social, problem solving, and conflict resolution skills; alternative educational programs;
psychological services; identification and assessment of abilities; counseling services; medical services;
day treatment; family services; work and community service programs.
ADMINISTRATIVE CODE
(1) "Aversive behavioral interventions" means a physical or sensory intervention program intended to
modify behavior that the implementer knows would cause physical trauma, emotional trauma, or both, to
a student even when the substance or stimulus appears to be pleasant or neutral to others and may
include hitting, pinching, slapping, water spray, noxious fumes, extreme physical exercise, loud auditory
stimuli, withholding of meals, or denial of reasonable access to toileting facilities.
dangerous or inappropriate, or otherwise impedes the learning of the students.
(11) "Positive behavioral supports" means a school-wide systematic approach to embed evidence-based
practices and data-driven decision-making to:
(a) Improve school climate and culture in order to achieve improved academic and social outcomes;
(b) Increase learning for all students, including those with the most complex and intensive behavior
needs;
(c) Encompass a range of systemic and individualized positive strategies to reinforce desired behaviors;
(d) Diminish reoccurrence of inappropriate or dangerous behaviors; and
(e) Teach appropriate behaviors to students.
Page 33
ADMINISTRATIVE CODE
Section 6. (1)(a) All school personnel shall be trained in state administrative regulations and school
district policies and procedures regarding physical restraint and seclusion.
interventions to:
instruction on monitoring physical signs of distress and obtaining medical assistance if necessary.
(2) All school personnel shall receive annual written or electronic communication from the district
identifying core team members in the school setting who have been trained to implement physical
restraint.
(3) A core team of selected school personnel shall be designated to respond to dangerous behavior and
to implement physical restraint of students. The core team, except school resource officers and other
sworn law enforcement officers, shall receive additional yearly training in the following areas:
(a) Appropriate procedures for preventing the use of physical restraint except as permitted by this
administrative regulation;
(b) A description and identification of dangerous behaviors that may indicate the need for physical
restraint and methods for evaluating the risk of harm in individual situations, in order to determine
whether the use of physical restraint is safe and warranted;
(c) Simulated experience of administering and receiving physical restraint, and instruction regarding the
effect on the person physically restrained, including instruction on monitoring physical signs of distress
and obtaining medical assistance;
(d) Instruction regarding documentation and notification requirements and investigation of injuries; and
(e) Demonstration by core team members of proficiency in the prevention and use of physical restraint.
Page 34

STATUTES
ADMINISTRATIVE CODE
Section 5.
(1) All physical restraints and seclusions shall be documented by a written record of each use of
seclusion or physical restraint and be maintained in the students education record. Each record of a use
of physical restraint or seclusion shall be informed by an interview with the student and shall include:
(a) The students name;
(b) A description of the use of physical restraint or seclusion and the student behavior that resulted in
the physical restraint or seclusion;
(c) The date of the physical restraint or seclusion and school personnel involved;
(d) The beginning and ending times of the physical restraint or seclusion;
(e) A description of any events leading up to the use of physical restraint or seclusion including possible
factors contributing to the dangerous behavior;
(f) A description of the students behavior during physical restraint or seclusion;
(g) A description of techniques used in physically restraining or secluding the student and any other
interactions between the student and school personnel during the use of physical restraint or seclusion;
(h) A description of any behavioral interventions used immediately prior to the implementation of
physical restraint or seclusion;
(i) A description of any injuries to students, school personnel, or others;
(j) A description as to how the students behavior posed an imminent danger of physical harm to self or
others;
(k) The date the parent was notified;
(l) A description of the effectiveness of physical restraint or seclusion in de-escalating the situation;
(m) A description of the school personnel response to the dangerous behavior;
(n) A description of the planned positive behavioral interventions which shall be used to reduce the
future need for physical restraint or seclusion of the student; and
(o) For any student not identified as eligible for services under either Section 504 of the Rehabilitation
Act or the Individuals with Disabilities Education Act, documentation of a referral under either law or
documentation of the basis for declining to refer the student.
Page 35
STATUTES
159.180. Parents responsible for children's violations.
Every parent, guardian, or custodian of a child residing in any school district in this state is legally
responsible for any violation of KRS 159.010 to 159.170 by the child. Before any proceedings are
instituted against the parent, guardian, or custodian for violation of KRS 159.010 to 159.170, a written
notice of the violation shall be served on the person by the director of pupil personnel, and one (1) day
shall be given for the termination of the violation. After such notice, if the violation is continued or if the
provisions of KRS 159.010 to 159.170 are again violated during the school term by the child, no further
notice shall be necessary and the parent or guardian shall be punishable as provided in KRS 159.990. A
notice by certified mail, return receipt requested, or by personal service by the director of pupil personnel
shall be a legal notice.
ADMINISTRATIVE CODE
Section 5.
(2) If the student is not an emancipated youth, the parent of the student shall be notified of the physical
restraint and seclusion verbally or through electronic communication, if available to the parent, as soon as
possible within twenty-four (24) hours of the incident. If the parent cannot be reached within twenty-four
(24) hours, a written communication shall be mailed to the parent via U.S. mail.
Page 36

STATUTES
158.154. Principal's duty to report certain acts to local law enforcement agency.
When the principal has a reasonable belief that an act has occurred on school property or at a schoolsponsored function involving assault resulting in serious physical injury, a sexual offense, kidnapping,
assault involving the use of a weapon, possession of a firearm in violation of the law, possession of a
controlled substance in violation of the law, or damage to the property, the principal shall immediately
report the act to the appropriate local law enforcement agency. For purposes of this section, "school
property" means any public school building, bus, public school campus, grounds, recreational area, or
athletic field, in the charge of the principal.
158.155. Reporting of specified incidents of student conduct -- Notation on school records -Report to law enforcement of certain student conduct -- Immunity.
(4) A person who is an administrator, teacher, or other employee of a public or private school shall
promptly make a report to the local police department, sheriff, or the Department of Kentucky State
Police, by telephone or otherwise, if:
(a) The person knows or has reasonable cause to believe that conduct has occurred which constitutes:
1. A misdemeanor or violation offense under the laws of this Commonwealth and relates to:
a. Carrying, possession, or use of a deadly weapon; or
b. Use, possession, or sale of controlled substances; or
2. Any felony offense under the laws of this Commonwealth; and
(b) The conduct occurred on the school premises or within one thousand (1,000) feet of school
premises, on a school bus, or at a school-sponsored or sanctioned event.
ADMINISTRATIVE CODE

STATUTES
158.155 Reporting of specified incidents of student conduct -- Notation on school records -Report to law enforcement of certain student conduct -- Immunity.
(1) If a student has been adjudicated guilty of an offense specified in this subsection or has been expelled
from school for an offense specified in this subsection, prior to a student's admission to any school, the
parent, guardian, principal, or other person or agency responsible for a student shall provide to the school
a sworn statement or affirmation indicating on a form provided by the Kentucky Board of Education that
the student has been adjudicated guilty or expelled from school attendance at a public or private school in
this state or another state for homicide, assault, or an offense in violation of state law or school
Page 37
regulations relating to weapons, alcohol, or drugs. The sworn statement or affirmation shall be sent to the
receiving school within five (5) working days of the time when the student requests enrollment in the new
school.
(2) If any student who has been expelled from attendance at a public or private school in this state for
homicide, assault, or an offense in violation of state law or school regulations relating to weapons,
alcohol, or drugs requests transfer of his records, those records shall reflect the charges and final
disposition of the expulsion proceedings.
(3) If any student who is subject to an expulsion proceeding at a public or private school in this state for
homicide, assault, or an offense in violation of state law or school regulations relating to weapons,
alcohol, or drugs requests transfer of his records to a new school, the records shall not be transferred
until that proceeding has been terminated and shall reflect the charges and any final disposition of the
expulsion proceedings.
(4) A person who is an administrator, teacher, or other employee of a public or private school shall
promptly make a report to the local police department, sheriff, or the Department of Kentucky State
Police, by telephone or otherwise, if:
(a) The person knows or has reasonable cause to believe that conduct has occurred which constitutes:
1. A misdemeanor or violation offense under the laws of this Commonwealth and relates to:
a. Carrying, possession, or use of a deadly weapon; or
b. Use, possession, or sale of controlled substances; or
2. Any felony offense under the laws of this Commonwealth; and
(b) The conduct occurred on the school premises or within one thousand (1,000) feet of school
premises, on a school bus, or at a school-sponsored or sanctioned event.
(5) A person who is an administrator, teacher, supervisor, or other employee of a public or private school
who receives information from a student or other person of conduct which is required to be reported
under subsection (1) of this section shall report the conduct in the same manner as required by that
subsection.
(6) Neither the husband-wife privilege of KRE 504 nor any professional-client privilege, including those
set forth in KRE 506 and 507, shall be a ground for refusing to make a report required under this section
or for excluding evidence in a judicial proceeding of the making of a report and of the conduct giving rise
to the making of a report. However, the attorney-client privilege of KRE 503 and the religious privilege of
KRE 505 are grounds for refusing to make a report or for excluding evidence as to the report and the
underlying conduct.
(7) Nothing in this section shall be construed as to require self-incrimination.
(8) A person acting upon reasonable cause in the making of a report under this section in good faith shall
be immune from any civil or criminal liability that might otherwise be incurred or imposed from:
(a) Making the report; and
(b) Participating in any judicial proceeding that resulted from the report.
Page 38

STATUTES
(2) The department shall obtain statewide data on major discipline problems and reasons why students
drop out of school. In addition, the department, in collaboration with the Center for School Safety, shall
identify successful strategies currently being used in programs in Kentucky and in other states and shall
incorporate those strategies into the statewide guidelines and the recommendations under subsection (1)
of this section.
158.444. Administrative regulations relating to school safety -- Role of Department of Education to
maintain statewide data collection system -- Reportable incidents -- Annual statistical reports -Confidentiality.
(2) The Kentucky Department of Education shall:
(a) Collaborate with the Center for School Safety in carrying out the center's mission;
(b) Establish and maintain a statewide data collection system by which school districts shall report by
sex, race, and grade level:
1. a. All incidents of violence and assault against school employees and students;
b. All incidents of possession of guns or other deadly weapons on school property or at school
functions;
c. All incidents of the possession or use of alcohol, prescription drugs, or controlled substances on
school property or at school functions; and
d. All incidents in which a student has been disciplined by the school for a serious incident, including
the nature of the discipline, or charged criminally for conduct constituting a violation of any offense
specified in: KRS Chapter 508; KRS 525.070 occurring on school premises, on school-sponsored
transportation, or at school functions; or KRS 525.080;
2. The number of arrests, the charges, and whether civil damages were pursued by the injured party;
3. The number of suspensions, expulsions, and corporal punishments; and
4. Data required during the assessment process under KRS 158.445; and
(c) Provide all data collected relating to this subsection to the Center for School Safety according to
timelines established by the center.
(3) The Department of Education shall provide the Office of Education Accountability and the Education
Assessment and Accountability Review Subcommittee with an annual statistical report of the number and
types of incidents reported under subsection (2)(b) of this section. The report shall include all monthly
data and cumulative data for each reporting year. Reportable incidents shall be grouped in the report in
the same manner that the reportable incidents are grouped in subsection (2)(b)1. of this section. Data in
the report shall be sorted by individual school district, then by individual schools within that district, and
then by individual grades within each school. The report shall not contain information personally
identifying any student. The reporting period shall be for an academic year, and shall be delivered no later
than August 31 of each year.
Page 39
158.445. Local assessment of school safety and school discipline -- District assessment -- Local
plans.
(1) Each local school shall begin an assessment of school safety and student discipline during the 19981999 school year including a review of the following:
(a) Reports of school incidents relating to disruptive behaviors;
(b) The school's behavior and discipline codes for clarity and appropriate notice to students and
parents;
(c) The school's hierarchy of responses to discipline problems and actual disciplinary outcomes;
(d) Training needs for instructional staff in classroom management, student learning styles, and other
specialized training to enhance teachers' capacity to engage students and minimize disruptive
behavior;
(e) The array of school services to students at risk of academic failure, dropping out, or truancy;
(f) The engagement of parents at the earliest stages of problem behavior;
(g) Training needs for students in the development of core values and qualities of good character, anger
reduction, conflict resolution, peer mediation, and other necessary skills;
(h) Training needs of parents;
(i) Existing school council policies relating to student discipline and student information;
(j) The school's physical environment;
(k) The school's student supervision plan;
(l) Existing components of the school improvement plan or consolidated plan that focus on school safety
and at-risk students, and the effectiveness of the components; and
(m) Other data deemed relevant by the school council or school administration.
A school that does not complete an assessment process shall not be eligible for funds under the state
school safety grant program in 1999-2000 and subsequent years.
(2) By May 15, 1999, each local school district shall complete a district-level assessment of district-level
data, resources, policies and procedures, and district-wide needs as identified from the individual school
assessment process. The district shall engage local community agencies including law enforcement and
the courts in the assessment process.
(3) As a result of the district assessment and analysis of data, resources, and needs, each board of
education shall adopt a plan for immediate and long-term strategies to address school safety and
discipline. The development of the plan shall involve at least one (1) representative from each school in
the district as well as representatives from the community as a whole, including representatives from the
local juvenile delinquency prevention council if a council exists in that community.
The process of planning shall be determined locally depending to a large extent on the size and
characteristics of the district.
(4) The district plan under subsection (3) of this section shall be the basis for any request for funds under
the state school safety grant program for 1999-2000 and subsequent years. The district plan shall include
the local code of acceptable behavior and discipline as required under KRS 158.148 and a description of
instructional placement options for threatening or violent students.
ADMINISTRATIVE CODE
704 KAR 19:002. Alternative education programs.
Section 2. General Requirements.
Page 40
(2) Each local board of education shall adopt and annually review policies and procedures for the
operation of each alternative education program within the district. Locally-adopted policies and
procedures shall include the:
(a) Purpose of the program, including the ways the program supports the districts college and career
readiness goals for students;
(b) Eligibility criteria, as appropriate;
(c) Process for entering students into the program;
(d) Process for transitioning students out of the program;
(e) Composition of the team to develop the ILPA, which shall include an invitation to the parents to
participate and, as appropriate, an invitation to the student to participate; and
(f) Procedures for collaboration with outside agencies involved with involuntary placements, including
courts or other social service agencies to address student transitions between programs.
Section 2.
(1) Each local school district shall establish policies and procedures that:
(2) Each local school district shall revise existing policies or develop policies consistent with this
administrative regulation within ninety (90) calendar days of the effective date of this administrative
regulation.
Section 7. The following data shall be reported by the district in the student information system related to
incidents of physical restraint and seclusion:
(1) Aggregate number of uses of physical restraint;
(2) Aggregate number of students placed in physical restraint;
(3) Aggregate number of uses of seclusion;
(4) Aggregate number of students placed in seclusion;
mental faculty to students related to physical restraint and seclusion;
mental faculty to school personnel related to physical restraint and seclusion; and
(7) Aggregate number of instances in which a school resource officer or other sworn law enforcement
officer is involved in the physical restraint or seclusion of a student. (39 Ky.R. 678; 1207; 1400; eff. 2-12013.)
Page 41

STATUTES
(2) "School resource officer" means a sworn law enforcement officer who has specialized training to work
with youth at a school site. The school resource officer shall be employed through a contract between a
local law enforcement agency and a school district.
MOUs, authorization and/or funding

Page 42

STATUTES
(1) In cooperation with the Kentucky Education Association, the Kentucky School Boards Association, the
Kentucky Association of School Administrators, the Parent-Teachers Association, the Kentucky Chamber
of Commerce, the Farm Bureau, members of the Interim Joint Committee on Education, and other
interested groups, and in collaboration with the Center for School Safety, the Department of Education
shall develop or update as needed and distribute to all districts by August 31 of each even-numbered
year, beginning August 31, 2008:
(c) A model policy to implement the provisions of this section and KRS 158.156, 158.444, 525.070, and
525.080.
STATUTES
plans.
(4) The district plan under subsection (3) of this section shall be the basis for any request for funds under
the state school safety grant program for 1999-2000 and subsequent years. The district plan shall include
the local code of acceptable behavior and discipline as required under KRS 158.148 and a description of
instructional placement options for threatening or violent students.
158.446. Use of appropriated funds.
Of the funds appropriated to support the school safety fund program in the biennial budget, twenty
percent (20%) of the funds in 1998-99, and ten percent (10%) in 1999-2000, shall be used for the
operation of the Center for School Safety and grants to be distributed by the Center to support exemplary
programs in local school districts. The remainder of the appropriation shall be distributed to local school
districts on a per pupil basis. The funds shall be used for the purpose of improving school safety and
student discipline through alternative education programs and intervention services in compliance with
KRS 158.148, 158.150, and 158.445. School districts shall be responsible for documenting the purposes
for which these funds were expended.
Page 43
Other/Uncategorized
STATUTES
158.156. Reporting of commission of felony KRS Chapter 508 offense against a student -Investigation -- Immunity from liability for reporting -- Privileges no bar to reporting.
(1) Any employee of a school or a local board of education who knows or has reasonable cause to
believe that a school student has been the victim of a violation of any felony offense specified in KRS
Chapter 508 committed by another student while on school premises, on school-sponsored
transportation, or at a school-sponsored event shall immediately cause an oral or written report to be
made to the principal of the school attended by the victim. []
(3) Anyone acting upon reasonable cause in the making of a report required under this section in good
faith shall have immunity from any liability, civil or criminal, that might otherwise be incurred or imposed.
Any such participant shall have the same immunity with respect to participation in any judicial proceeding
resulting from such report or action.
(4) Neither the husband-wife nor any professional-client/patient privilege, except the attorney-client and
clergy-penitent privilege, shall be a ground for refusing to report under this section or for excluding
evidence regarding student harassment in any judicial proceedings resulting from a report pursuant to this
section. This subsection shall also apply in any criminal proceeding in District or Circuit Court regarding
student harassment.
(Per personal communication with Kentucky DOE personnel, KRS 158.156, is Kentuckys Bullying Law.
This law only covers behavior incidents that rise to the level of felony KRS Chapter 508 offenses, but it is
the basis for dealing with all bullying in the state. Other bullying related laws are KRS 525.070
(harassment) and KRS 525.080 (harassing communications), listed under CHAPTER 525 RIOT,
DISORDERLY CONDUCT, AND RELATED OFFENSES)

STATUTES
schools.
Page 44
and
(j) A teacher;
plans.
(2) By May 15, 1999, each local school district shall complete a district-level assessment of district-level
data, resources, policies and procedures, and district-wide needs as identified from the individual school
assessment process. The district shall engage local community agencies including law enforcement and
the courts in the assessment process.
Page 45
Other/uncategorized
Page 46

School Discipline
resources provided by Kentucky provide additional context to state policy and regulations and, in some
Title
Description
This page provides student discipline

guidelines and model policy as required by
KRS 158.148.
http://education.ky.gov/school/sdfs/P
ages/Student-Discipline-Guidelinesand-Model-Policy.aspx
Website
Student Discipline
Guidelines and
Model Policy
Published:
11/7/2012
Kentucky Center
for School Safety
2003 Student Discipline Guidelines
Guidelines to Assist Districts in

Implementing HB91
HB 91 Model Policy
Reported by KY DOE personnel as a key

resource in providing resources to schools
in many areas, including bullying.
www.kycss.org.
Documents
No relevant
resources found
Other Resources
No relevant
resources found
Page 47
Louisiana
Discipline Laws and
Regulations
Introduction
document.
Notes & Disclaimers

Prepared by:
Child Trends
Table of Contents
Louisiana State Codes Cited...................................................................................................................... 1
Scope ........................................................................................................................................................ 6
Administrative procedures related to suspensions and expulsion .......................................................... 22
Other weapons ........................................................................................................................................ 37
Substance use......................................................................................................................................... 40
Prevention ............................................................................................................................................... 50
Louisiana State Codes Cited

Louisiana Revised Statutes
Education Code
Title 17. Education
RS 17:7.
RS 17:53.
RS 17:100.1.
RS 17:100.5.
RS 17:221.
RS 17:223.
RS 17:224.
RS 17:252.
RS 17:416.
RS 17:416.1.
RS 17:416.2.
RS 17:416.3.
RS 17:416.8.
RS 17:416.11.
RS 17:416.12.
RS 17:416.13.
RS 17:416.15.
RS 17:416.16.
RS 17:416.17.
RS 17:416.18.
RS 17:416.19.
RS 17:416.20.
RS 17:416.21.
RS 17:1801.
RS 40:2404.1.
Duties, functions, and responsibilities of board

School board members; training required
Alternative educational programs; certain adjudicated students; students in the
custody of the office of juvenile justice; funding; authority of the local school board to
contract; inclusion in minimum foundation program; funding formula
Alternative schools; establishment by local boards
School attendance; compulsory ages; duty of parents; excessive absences; condition
for driving privileges
Discipline of pupils; suspension from school, corporal punishment
Unadjustable or incorrigible children; reports to juvenile courts; expulsion,
assignments, and transfers
School master plans for supporting student behavior and discipline
Discipline of pupils; suspension; expulsion
Discipline of pupils; additional disciplinary authority
Supervision of suspended or expelled students; alternative education programs
Search of students' persons, desks, lockers, other areas; defense of suits against
school personnel; indemnification; reporting of implements seized
Discipline policy review committees; school option
Discipline of pupils; limitation of liability
Students; appropriate conduct; compliance
Student code of conduct; requirement; bullying; prohibition; notice; reporting;
accountability
Zero tolerance policies; authorization; conflict resolution classes; fees; compliance
School crisis management and response plans
Youth development and assistance programs; legislative findings and purpose;
school authority for programs for elementary students
Teacher Bill of Rights
School resource officers
Student conduct standards; awareness and understanding by students; required
orientation; guidelines
Behavior of students with exceptionalities; use of seclusion and physical restraint
Hazing prohibited; penalties
Additional powers of the council, school resource officers, School Violence
Prevention Training Program
Louisiana Compilation of School Discipline Laws and Regulations
Page 1
Louisiana Administrative Code

Louisiana Department of Education Guidance
Louisiana Board of Elementary and Secondary Education (BESE) Bulletins
Bulletin 741. Louisiana Handbook for School Administrators
Chapter () 13. Discipline.
Page 2
General Provisions
STATUTES
17.7. Duties, functions, and responsibilities of board.
In addition to the authorities granted by R.S. 17:6 and any powers, duties, and responsibilities vested by
any other applicable laws, the board shall:
(5) (a) Approve courses of study and prepare and adopt rules and regulations for the discipline of
students and the governance of the public elementary and secondary schools and other public schools
and programs under its jurisdiction, which shall not be inconsistent with law and which shall be enforced
by the city, parish, and other local public school boards and the local school superintendents; however,
the board shall have no control over the business affairs of a city, parish, or other local public school
board or the selection or removal of its officers and employees.
(b) Prepare and adopt rules and guidelines for the appropriate use of seclusion, physical restraint, and
mechanical restraint of students with exceptionalities as defined in R.S. 17:1942, in accordance with the
Administrative Procedure Act.
(32) Report in writing to the House Committee on Education and the Senate Committee on Education by
not later than September 15, 2010, relative to the standards and criteria used by the board to approve
alternative schools and alternative education programs for students in public elementary and secondary
schools who are suspended for more than ten days or who are expelled from school for violations of
school discipline law or policy and who remain under the supervision of the city, parish, or other local
public school taking the action. The report shall specify in detail all minimum standards and criteria that
must be met in order for the board to approve the alternative school or program and note standards and
criteria that are subject to waiver by the board in making approval determinations.
17.223. Discipline of pupils; suspension from school, corporal punishment.
A. [] Each parish and city school board shall have discretion in the use of corporal punishment. In
those cases in which a parish or city school board decides to use corporal punishment, each parish or city
school board shall adopt such rules and regulations as it deems necessary to implement and control any
form of corporal punishment in the schools in its district.
17.416. Discipline of students; suspension; expulsion.
A. (2) (a) (ii) Each city and parish school board shall adopt rules regarding the implementation of inschool suspension by no later than January 1, 1995.
A. (2) (b) (iv) Each city and parish school board shall adopt rules regarding the implementation of
detention by no later than January 1, 1995.
A.(4) The governing authority of each public elementary and secondary school shall adopt such rules
and regulations as it deems necessary to implement the provisions of this Subsection and of R.S.
17:416.13.
G. The State Board of Elementary and Secondary Education shall formulate, develop, adopt, and fully
implement by not later than the beginning of the 1998-1999 school year methods and procedures for use
as part of the board's school-approval process to determine whether or not state laws and board policies
regarding student discipline are being fully complied with by a school's administrators, teachers, and other
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employees. Any school determined not to be in compliance with such laws and procedures shall not be
approved. The provisions of this Subsection shall not apply to private schools.
17.416.1. Discipline of pupils; additional disciplinary authority.
A. In addition to the specific disciplinary measures authorized in R.S. 17:416 teachers, principals, and
administrators of the public schools may, subject to any rules as may be adopted by the parish or city
school board, employ other reasonable disciplinary and corrective measures to maintain order in the
schools; provided, however, that nothing in this Section shall be construed as superseding the provisions
of R.S. 17:416 relative to the disciplining of students, suspensions, and expulsions.
B. Each parish and city school board shall have the discretion with respect to the use of corporal
punishment. In those cases in which a parish or city school board decides to use corporal punishment,
each parish or city school board shall adopt such rules and regulations as it deems necessary to
implement and control any form of corporal punishment in the schools in its district.
17:416.3. Search of students persons, desks, lockers, other areas; defense of suits against
school personnel; indemnification; reporting of implements seized
C. (1) (a) On or before January 1, 1995, each parish and city school board shall adopt a policy that is
consistent with Subsection A of this Section to provide for reasonable search and seizure by public
school teachers, principals, and other school administrators of students' persons, desks, lockers, or
other school areas for evidence that the law, a school rule, or a parish or city school board policy has
been violated.
(b) Such policy shall include at a minimum:
(i) Specification of standards regarding procedures for searching students to prevent excessive
intrusion.
(ii) Specification of standards for retaining and securing confiscated implements and materials.
(iii) Directions regarding the disposal of implements and materials reported to law enforcement
authorities when such authorities notify the principal that the implements and materials need not be
retained.
(iv) Specification of disciplinary action when a principal or designated administrator violates any
provision of this Section.
(2) (a) Nothing in this Section shall require defense and/or indemnification by a school board, a
principal, or other school administrator for suits regarding search and seizure unless such acts are in
accordance with the policy adopted by the school board that employs him, if the policy is declared to
be reasonable by a court of competent jurisdiction.
(b) No teacher, principal, school security guard, or administrator shall be held personally liable for any
action authorized by this Section and performed in accordance with school board policies adopted
pursuant to this Section.
17:416.13. Student code of conduct; requirement; bullying; prohibition; notice; reporting;
accountability.
B. (1) Bullying Policy. --The governing authority of each public elementary and secondary school shall
adopt, and incorporate into the student code of conduct, a policy prohibiting the bullying of a student by
another student, which includes the definition of bullying as provided in Subsection C of this Section. This
policy must be implemented in a manner that is ongoing throughout the school year and integrated with a
school's curriculum, a school's discipline policies, and other violence prevention efforts.
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ADMINISTRATIVE CODE
A. [] Each LEA shall have discretion in the use of corporal punishment. In those cases in which a
parish or city school board decides to use corporal punishment, each parish or city school board shall
adopt such rules and regulations as it deems necessary to implement and control any form of corporal
punishment in the schools in its district.
17.2404.1. Additional powers of the council, school resource officers, School Violence
Prevention Training Program.
A. In accordance with the provisions of R.S. 40:2404(11) and R.S. 17:416.19, the Council on Peace
Officer Standards and Training shall develop and implement a School Violence Prevention Training
Program under their jurisdiction and within the existing school resource officer program in conjunction
with the Louisiana Commission on Law Enforcement and Administration of Criminal Justice, the office of
state police, local law enforcement agencies, and the State Board of Elementary and Secondary
Education.
B. The Council on Peace Officer Standards and Training shall have the power to establish and appoint a
committee with members representing the Louisiana Commission on Law Enforcement and
Administration of Criminal Justice, the accredited law enforcement training centers, the office of state
police, local law enforcement agencies, and the State Board of Elementary and Secondary Education.
C. The committee shall have the following powers:
(1) To develop minimum curriculum requirements for the training and certification of school security
guards, which standards shall apply uniformly throughout the state for all school security guards.
(2) To establish minimum law enforcement instruction qualifications at an accredited P.O.S.T. academy.
(3) To approve and certify a school security guard program and to establish other requirements relative
to such program.
1301. Disciplinary Regulations
A. Each LEA shall adopt such rules and regulations as it deems necessary to implement and control any
disorderly conduct in the school or on the playground of the school, on any school bus, on the street or
road while going to and from school, or during intermission and recess, or at any school sponsored
activity or function.
1. The plan shall not prohibit a teacher from removing a pupil from the classroom for disciplinary
reasons.
2. Each LEA shall adopt rules regarding the reporting and review of disciplinary actions.
B. Teachers, principals, and administrators may, subject to any rules as may be adopted by the LEA,
apply reasonable disciplinary and corrective measures to maintain order in the schools (refer to R.S.
17:416 and R.S. 17:223).
H. Each local educational governing authority LEA shall adopt rules regarding the implementation of inschool suspension and detention.
1302. Student Code of Conduct
A. Each LEA shall adopt a student code of conduct for the students in the schools under its jurisdiction.
1. Such student code of conduct shall be in compliance with all existing rules, regulations, and policies
of the board and of BESE and all state laws relative to student discipline and shall include any
necessary disciplinary action to be taken against any student who violates the code of conduct.
Page 5
2. Each LEA shall adopt and incorporate into its student code of conduct a policy prohibiting the bullying
of a student by another student, which includes the definition of bullying and all other requirements
listed in the following Section.
1303. Bullying.
A. Policy. Each LEA shall develop and adopt a policy that prohibits the bullying of a student by another
student.
1. The bullying policy must be implemented in a manner that is ongoing throughout the year and
integrated with a schools curriculum, a schools discipline policies, and other violence prevention
efforts.
2. The policy shall contain the definition of bullying found in this Section and shall address the following:
a. behavior constituting bullying;
b. the effect the behavior has on others, including bystanders; and
c. the disciplinary and criminal consequences of bullying another student
A. Each LEA shall have discretion in the use of corporal punishment. In those cases in which an LEA
decides to use corporal punishment, the LEA shall adopt such rules and regulations as it deems
necessary to implement and control any form of corporal punishment in the schools under its jurisdiction.
B. Each LEA shall adopt a policy establishing procedures for the investigation of employees accused of
impermissible corporal punishment.
1317. Search and seizure.
C. Each LEA shall adopt a policy to provide for reasonable search and seizure by teachers, by principals,
and by other school administrators of a student's person, desk, locker, or other school areas for evidence
that the law, a school rule, or an LEA policy has been violated.
D. Any such policy shall be in accordance with applicable law.
Scope
STATUTES
A. Every teacher is authorized to hold every pupil to a strict accountability for any disorderly conduct in
school or on the playground of the school, or on any school bus going to or returning from school, or
during intermission or recess.
A.(1)(a) Every teacher and other school employee shall endeavor to hold every student to a strict
accountability for any disorderly conduct in school or on the playgrounds of the school, on the street or
road while going to or returning from school, on any school bus, during intermission or recess, or at any
school-sponsored activity or function.
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ADMINISTRATIVE CODE
1301. Disciplinary regulations.
STATUTES
accountability.
D. Prior to January 1, 2013, the State Board of Elementary and Secondary Education, in collaboration
with the state Department of Education, shall develop and adopt rules and regulations to implement the
provisions of this Section relative to the procedures and processes to be used to report and investigate
bullying and which shall include but not be limited to:
(1) Notice to Students and Parents. --The governing authority of each public elementary and secondary
school shall inform each student, orally and in writing at the orientation required under R.S. 17:416.20,
of the prohibition against bullying of a student by another student, the nature and consequences of
such actions, including the potential criminal consequences and loss of driver's license as provided in
R.S. 17:416.1, and the proper process and procedure for reporting any incidents involving such
prohibited actions. A copy of the written notice shall also be delivered to each student's parent or legal
guardian.
17:416.18. Teacher Bill of Rights.
A. Respecting the authority of teachers is essential to creating an environment conducive to learning,
effective instruction in the classroom, and proper administration of city, parish, and other local public
schools. To maintain and protect that authority, it is important that teachers, administrators, parents, and
students are fully informed of the various rights conferred upon teachers pursuant to this Section, which
are:
(1) A teacher has the right to teach free from the fear of frivolous lawsuits, including the right to qualified
immunity and to a legal defense, and to indemnification by the employing school board, pursuant to
R.S. 17:416.1(C), 416.4, 416.5, and 416.11, for actions taken in the performance of duties of the
teacher's employment.
(2) A teacher has the right to appropriately discipline students in accordance with R.S. 17:223 and 416
through 416.16 and any city, parish, or other local public school board regulation.
(3) A teacher has the right to remove any persistently disruptive student from his classroom when the
student's behavior prevents the orderly instruction of other students or when the student displays
impudent or defiant behavior and to place the student in the custody of the principal or his designee
pursuant to R.S. 17:416(A)(1)(c).
(4) A teacher has the right to have his or her professional judgment and discretion respected by school
and district administrators in any disciplinary action taken by the teacher in accordance with school and
district policy and with R.S.17:416(A)(1)(c).
Page 7
(5) A teacher has the right to teach in a safe, secure, and orderly environment that is conducive to
learning and free from recognized dangers or hazards that are causing or likely to cause serious injury
in accordance with R.S. 17:416.9 and 416.16.
(6) A teacher has the right to be treated with civility and respect as provided in R.S. 17:416.12.
(7) A teacher has the right to communicate with and to request the participation of parents in
appropriate student disciplinary decisions pursuant to R.S. 17:235.1 and 416(A).
(8) A teacher has the right to be free from excessively burdensome disciplinary paperwork.
(9) A beginning teacher has the right to receive leadership and support in accordance with R.S.
17:3881, including the assignment of a qualified, experienced mentor who commits to helping him
become a competent, confident professional in the classroom and offers support and assistance as
needed to meet performance standards and professional expectations.
B. No city, parish, or other local public school board shall establish policies that prevent teachers from
exercising the rights provided in this Section or in any other provision included in R.S. 17:416 through
416.16.
C. The provisions of this Section shall not be construed to supersede any other state law, State Board of
Elementary and Secondary Education policy, or city, parish, or other local public school board policy
enacted or adopted relative to the discipline of students.
D. Each city, parish, or other local public school board shall provide a copy of this Section to all teachers
at the beginning of each school year. Each such school board also shall post a copy of the rights
provided in this Section in a prominent place in every school and administrative building it operates and
provide such a copy to parents or legal guardians of all children attending such schools in a form and
manner approved by the school board. Each city, parish, or other local public school board and every
school under its jurisdiction that maintains an Internet website shall post on such website a copy of the
Teacher Bill of Rights required by this Section.
17.416.20. Student conduct standards; awareness and understanding by students; required
orientation; guidelines.
A. In addition to any other requirements established by law, rule, or regulation relative to student
discipline and conduct, the governing authority of a public elementary or secondary school shall require
that every student be provided an orientation during the first five days of each school year regarding
school disciplinary rules and provisions of the code of student conduct applicable to such students,
including but not limited to the policy on bullying as provided in R.S. 17:416.13. Orientation instruction
shall be provided by the school principal or his designees and shall include but not be limited to
consequences for failing to comply with such school disciplinary rules and code requirements, including
suspension, expulsion, the possibility of suspension of a student's driver's license for one year as
provided in R.S. 17:416.1, and the possible criminal consequences of violent acts committed on school
property, at a school-sponsored function, or in a firearm-free zone. The orientation also shall clearly
communicate to students the rights afforded teachers pursuant to R.S. 17:416.18 and other applicable
law relative to the discipline of students.
B. The orientation instruction required by this Section shall be age and grade appropriate and shall give
full consideration as to whether the student is in a regular or special program of education.
C. Any student who for any reason does not receive the orientation provided for by this Section during the
first five days of a school year shall be provided such orientation during the first five days of such
student's attendance at the public elementary or secondary school.
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ADMINISTRATIVE CODE
C. The disciplinary rules (regulations) shall be made known to teachers, parents, and students and shall
be reasonably and consistently enforced.
Page 9

STATUTES
A.(1)(b)(i) Each teacher may take disciplinary action to correct a student who disrupts normal classroom
activities, who is disrespectful to a teacher, who willfully disobeys a teacher, who uses abusive or
foul language directed at a teacher or another student, who engages in bullying, who violates
school rules, or who interferes with an orderly education process.
(ii) In addition to those procedures set forth in R.S. 17:416.13 regarding bullying, disciplinary action
may include but is not limited to:
(aa) Oral or written reprimands.
(bb) Referral for a counseling session which shall include but shall not be limited to conflict
resolution, social responsibility, family responsibility, peer mediation, and stress management.
(cc) Written notification to parents of disruptive or unacceptable behavior, a copy of which shall be
provided to the principal.
(dd) Other disciplinary measures approved by the principal and faculty of the school and in
compliance with school board policy.
A.(1)(c)(i) When a student's behavior prevents the orderly instruction of other students or poses an
immediate threat to the safety or physical well being of any student or teacher, when a student
exhibits disrespectful behavior toward the teacher such as using foul or abusive language or
gestures directed at or threatening a student or a teacher, when a student violates the school's
code of conduct, or when a student exhibits other disruptive, dangerous, or unruly behavior,
including inappropriate physical contact, inappropriate verbal conduct, sexual or other harassment,
bullying, throwing objects, inciting other students to misbehave, or destroying property, the teacher
may have the student immediately removed from his classroom and placed in the custody of the
principal or his designee. A student removed from the classroom pursuant to this Subparagraph
shall be assigned school work missed and shall receive either partial or full credit for such work if it
is completed satisfactorily and timely as determined by the principal or his designee, upon the
recommendation of the student's teacher; however, the teacher shall not be required to interrupt
class instruction time to prepare any such assignment.
(ii)(aa) Upon being sent to the principal's office pursuant to the provisions of this Subparagraph,
the principal or his designee shall advise the pupil of the particular misconduct of which he is
accused as well as the basis for such accusation, and the pupil shall be given an opportunity at
that time to explain his version of the facts. The principal or his designee then shall conduct a
counseling session with the pupil as may be appropriate to establish a course of action,
consistent with school board policy to identify and correct the behavior for which the pupil is being
disciplined.
(ii)(cc) The principal or his designee may provide oral or written feedback to teachers initiating the
removal of pupils from the classroom. The principal or his designee may provide to such
Page 10
teachers guidance and support on practicing effective classroom management including but not
limited to positive behavior supports.
(iii) A pupil in kindergarten through grade six removed from a class pursuant to this Subparagraph
shall not be permitted to return to the class for at least thirty minutes unless agreed to by the
teacher initiating the disciplinary action. A pupil in grades seven through twelve removed from a
class pursuant to this Subparagraph shall not be permitted to return to the class during the same
class period unless agreed to by the teacher initiating the disciplinary action. Additionally, the pupil
shall not be readmitted to the class until the principal has implemented one of the following
disciplinary measures:
(aa) In-school suspension.
(bb) Detention.
(cc) Suspension.
(dd) Initiation of expulsion hearings.
(ee) Assignment to an alternative school.
(ff) Requiring the completion of all assigned school and homework which would have been
assigned and completed by the student during the period of suspension.
(gg) Any other disciplinary measure authorized by the principal with the concurrence of the
teacher or the building level committee pursuant to law and board policy.
(iv) When a pupil is removed from a classroom pursuant to this Subparagraph, the teacher may
require that the parent, tutor, or legal guardian of the pupil have a conference with the teacher in
the presence of the principal or his designee before the pupil is readmitted.
17:416.18. Teacher Bill of Rights.
A. Respecting the authority of teachers is essential to creating an environment conducive to learning,
effective instruction in the classroom, and proper administration of city, parish, and other local public
schools. To maintain and protect that authority, it is important that teachers, administrators, parents, and
students are fully informed of the various rights conferred upon teachers pursuant to this Section, which
are:
(2) A teacher has the right to appropriately discipline students in accordance with R.S. 17:223 and 416
through 416.16 and any city, parish, or other local public school board regulation.
(3) A teacher has the right to remove any persistently disruptive student from his classroom when the
student's behavior prevents the orderly instruction of other students or when the student displays
impudent or defiant behavior and to place the student in the custody of the principal or his designee
pursuant to R.S. 17:416(A)(1)(c).
(4) A teacher has the right to have his or her professional judgment and discretion respected by school
and district administrators in any disciplinary action taken by the teacher in accordance with school and
district policy and with R.S.17:416(A)(1)(c).
(5) A teacher has the right to teach in a safe, secure, and orderly environment that is conducive to
learning and free from recognized dangers or hazards that are causing or likely to cause serious injury
in accordance with R.S. 17:416.9 and 416.16.
ADMINISTRATIVE CODE
Page 11
1. The plan shall not prohibit a teacher from removing a pupil from the classroom for disciplinary
reasons.
2. Each LEA shall adopt rules regarding the reporting and review of disciplinary actions.
B. Teachers, principals, and administrators may, subject to any rules as may be adopted by the LEA,
apply reasonable disciplinary and corrective measures to maintain order in the schools (refer to R.S.
17:416 and R.S. 17:223).
STATUTES
A.(1)(c)(i) When a student's behavior prevents the orderly instruction of other students or poses an
Page 12
disciplined.
A.(1)(c)(iii) A pupil in kindergarten through grade six removed from a class pursuant to this Subparagraph
shall not be permitted to return to the class for at least thirty minutes unless agreed to by the
teacher initiating the disciplinary action. A pupil in grades seven through twelve removed from a
class pursuant to this Subparagraph shall not be permitted to return to the class during the same
class period unless agreed to by the teacher initiating the disciplinary action. Additionally, the pupil
shall not be readmitted to the class until the principal has implemented one of the following
disciplinary measures:
(bb) Detention.
(cc) Suspension.
(ff) Requiring the completion of all assigned school and homework which would have been
assigned and completed by the student during the period of suspension.
(gg) Any other disciplinary measure authorized by the principal with the concurrence of the
teacher or the building level committee pursuant to law and board policy.
(iv) When a pupil is removed from a classroom pursuant to this Subparagraph, the teacher may
require that the parent, tutor, or legal guardian of the pupil have a conference with the teacher in
the presence of the principal or his designee before the pupil is readmitted.
17:416.15. Zero tolerance policies; authorization; conflict resolution classes; fees; compliance.
Any city, parish, or other local public school board may adopt and implement a zero tolerance policy for
fighting in the schools under its jurisdiction. Such policy may include a requirement that a student who is
disciplined pursuant to the policy and such student's parent or parents shall attend a conflict resolution
class or classes and may include provisions for the school board to take appropriate action, as
determined by the board, against any student or parent who fails to comply with the class attendance
requirement. Such classes may be provided by the school board or other appropriate provider as
determined by the board. Any city, parish, or other local public school board may charge a fee for such
attendance in an amount as may be determined by the board. However, such fee amount shall not
exceed one hundred dollars.

STATUTES
A. [] Each parish and city school board shall have discretion in the use of corporal punishment. In
those cases in which a parish or city school board decides to use corporal punishment, each parish or city
school board shall adopt such rules and regulations as it deems necessary to implement and control any
form of corporal punishment in the schools in its district.
Page 13

B. Each parish and city school board shall have the discretion with respect to the use of corporal
punishment. In those cases in which a parish or city school board decides to use corporal punishment,
each parish or city school board shall adopt such rules and regulations as it deems necessary to
implement and control any form of corporal punishment in the schools in its district.
ADMINISTRATIVE CODE
A. Each LEA shall have discretion in the use of corporal punishment. In those cases in which an LEA
decides to use corporal punishment, the LEA shall adopt such rules and regulations as it deems
necessary to implement and control any form of corporal punishment in the schools under its jurisdiction.
B. Each LEA shall adopt a policy establishing procedures for the investigation of employees accused of
impermissible corporal punishment.

STATUTES
17:416.3. Search of students' persons, desks, lockers, other areas; defense of suits against
school personnel; indemnification; reporting of implements seized.
A. (1) The parish and city school systems of the state are the exclusive owners of all public school
buildings and all desks and lockers within the building assigned to any student and any other area of
any public school building or grounds set aside specifically for the personal use of the students. Any
teacher, principal, school security guard, or administrator in any parish or city school system of the state
may search any building, desk, locker, area, or grounds for evidence that the law, a school rule, or
parish or city school board policy has been violated.
(2) (a) The teacher, principal, school security guard, or administrator may search the person of a
student or his personal effects when, based on the attendant circumstances at the time of the search,
there are reasonable grounds to suspect that the search will reveal evidence that the student has
violated the law, a school rule, or a school board policy. Such a search shall be conducted in a
manner that is reasonably related to the purpose of the search and not excessively intrusive in light of
the age or sex of the student and the nature of the suspected offense.
(b) Random searches with a metal detector of students or their personal effects may be conducted at
any time, provided they are conducted without deliberate touching of the student.
B. (1) If any teacher, principal, school security guard, or administrator in the public school system is sued
for damages by any student, the parent of any student, or other person qualified to bring suit on behalf
of the student, based upon a search of that student's person, desk, locker, or any other area of a school
building or grounds set aside specifically for that student's personal use, when the teacher, principal,
school security guard, or administrator reasonably believed that the student had weapons, illegal drugs,
alcohol, stolen goods, or other materials or objects the possession of which is a violation of the parish
or city school board policy on his person, or had reasonable belief that such desk, locker, or other area
contained such items, or based upon a search using a metal detector, it shall be the responsibility of the
school board employing such teacher, principal, school security guard, or administrator to provide the
defendant with legal defense, including reasonable attorney's fees, investigatory costs, and other
related expenses.
Page 14
(2) If any such teacher, principal, school security guard, or administrator is cast in judgment for
damages in the suit, it shall be the obligation of the school board employing the defendant to indemnify
him fully against such judgment, including all principal, interest, and costs.
(3) Nothing in this Section shall require a school board to indemnify a teacher, principal, school security
guard, or administrator against a judgment wherein there is a specific finding that the action of the
teacher, principal, school security guard, or administrator was maliciously, wilfully, and deliberately
intended to harass, embarrass, or intimidate the student.
C. (1) (a) On or before January 1, 1995, each parish and city school board shall adopt a policy that is
consistent with Subsection A of this Section to provide for reasonable search and seizure by public
school teachers, principals, and other school administrators of students' persons, desks, lockers, or
other school areas for evidence that the law, a school rule, or a parish or city school board policy has
been violated.
(b) Such policy shall include at a minimum:
(i) Specification of standards regarding procedures for searching students to prevent excessive
intrusion.
(ii) Specification of standards for retaining and securing confiscated implements and materials.
(iii) Directions regarding the disposal of implements and materials reported to law enforcement
authorities when such authorities notify the principal that the implements and materials need not be
retained.
(iv) Specification of disciplinary action when a principal or designated administrator violates any
provision of this Section.
(2) (a) Nothing in this Section shall require defense and/or indemnification by a school board, a
principal, or other school administrator for suits regarding search and seizure unless such acts are in
accordance with the policy adopted by the school board that employs him, if the policy is declared to
be reasonable by a court of competent jurisdiction.
(b) No teacher, principal, school security guard, or administrator shall be held personally liable for any
action authorized by this Section and performed in accordance with school board policies adopted
pursuant to this Section.
D. (1) Upon the seizure by any public school teacher, principal, school security guard, or administrator of
any firearm, bomb, knife, or other implement which can be used as a weapon and the careless use of
which might inflict harm or injury or any controlled dangerous substance as defined in R.S. 40:961(7),
the principal or his designated administrator shall report the confiscation of such implement or material
to the appropriate law enforcement officials. The principal or his designated administrator may report
the confiscation of any other implement or material.
(2) Any implement or material required by Paragraph (1) of this Subsection to be reported to law
enforcement officials shall be retained and secured by the school principal in such a manner as to
prevent the destruction, alteration, or disappearance of it until such time as the law enforcement
authority either takes custody of the implement or material or provides notice to the school principal that
it need no longer be retained. In the case that it need not be retained, the school principal shall comply
with his school board's policy regarding disposal of the item.
(3) The failure of any principal or designated administrator to report the confiscation of such implement
or material or the failure to retain and secure such implement or material shall be reported by the law
enforcement authority to the employing school board which shall take disciplinary action pursuant to its
policy.
Page 15
E. The provisions of this Section shall apply to the State Board of Elementary and Secondary Education
as it relates to state schools operated by the board in the same way it applies to city and parish school
boards.
ADMINISTRATIVE CODE
1317. Search and seizure.
A. Any teacher, principal, school security guard, or administrator in any LEA of the state may search any
building, desk, locker, area, or grounds for evidence that the law, a school rule, or parish or city school
board policy has been violated.
B. The teacher, principal, school security guard, or administrator may search the person of a student or
his personal effects when, based on the attendant circumstances at the time of the search, there are
reasonable grounds to suspect that the search will reveal evidence that the student has violated the law,
a school rule, or a school board policy. Such a search shall be conducted in a manner that is reasonably
related to the purpose of the search and not excessively intrusive in light of the age or sex of the student
and the nature of the suspected offense.
C. Each LEA shall adopt a policy to provide for reasonable search and seizure by teachers, by principals,
and by other school administrators of a student's person, desk, locker, or other school areas for evidence
that the law, a school rule, or an LEA policy has been violated.
D. Any such policy shall be in accordance with applicable law.

Page 16

STATUTES
B. In addition, school principals may suspend from school any pupil for good cause, as stated in R.S.
17:416. []
A. (3)(a) A school principal may suspend from school or suspend from riding on any school bus any
student who:
(i) Is guilty of willful disobedience.
(ii) Treats a teacher, principal, superintendent, member, or employee of the local school board with
intentional disrespect.
(iii) Makes against any one of them an unfounded charge.
(iv) Uses unchaste or profane language.
(v) Is guilty of immoral or vicious practices, or of conduct or habits injurious to his associates.
(vi) Uses tobacco or who possesses alcoholic beverages or any controlled dangerous substance
governed by the Uniform Controlled Dangerous Substances Law, in any form, in school buildings,
on school grounds, or on school buses owned by, contracted to, or jointly owned by any city or
parish school board.
(vii) Disturbs the school and habitually violates any rule.
(viii) Cuts, defaces, or injures any part of public school buildings, any property belonging to the
buildings, or any school buses owned by, contracted to, or jointly owned by any city or parish
school board.
(ix) Writes any profane or obscene language or draws obscene pictures in or on any school material
or on any public school premises, or on any fence, pole, sidewalk, or building on the way to or from
school, or on any school bus, including those owned by, contracted to, or jointly owned by any city
or parish school board.
(x) Is found carrying firearms, knives, or other implements which can be used as weapons, the
careless use of which might inflict harm or injury.
(xi) Throws missiles liable to injure other persons on the school grounds or while on any school bus,
including those owned by, contracted to, or jointly owned by any city or parish school board.
(xii) Instigates or participates in fights while under school supervision.
(xiii) Violates traffic and safety regulations.
(xiv) Leaves the school premises without permission.
(xv) Leaves his classroom during class hours or detention without permission.
(xvi) Is habitually tardy or absent.
(xvii) Has engaged in bullying.
(xviii) Commits any other serious offense.
Page 17
B.(1)(a) Any student after being suspended for committing any of the offenses enumerated in this Section
may be expelled, upon recommendation by the principal of the public school in which said student is
enrolled, which recommended expulsion shall be subject to the provisions of Subsection C.
D.(1) The conviction of any student of a felony or the incarceration of any student in a juvenile institution
for an act which had it been committed by an adult would have constituted a felony may be cause for
expulsion of the student for a period of time as determined by the board. The expulsion shall require
the vote of two-thirds of the elected members of the school board.
(2) The conviction of any student of a felony or the incarceration of any student in a juvenile institution
for an act, whether said act is committed in this state or outside this state, which had it been committed
by an adult would have constituted a felony in this state may be sufficient cause for any public school
system superintendent to refuse admission of said student to any school except upon review and
approval of a majority of the elected members of the school board when request for admission is made
to the board.
17:224. Unadjustable or incorrigible children; reports to juvenile courts; expulsion, assignments,
and transfers.
A. Unadjustable or incorrigible children, who, through no fault of their parents or tutors or other persons
having charge of them, regularly disrupt the orderly processes of the school to which they have been
assigned, shall be considered as delinquents and may be reported by the visiting teacher, or supervisor
of child welfare and attendance, to the juvenile court of the parish, there to be dealt with in the manner
prescribed by law.
B. Notwithstanding the provisions of R.S. 17:416 to the contrary, any student who exhibits disruptive
behavior, an incorrigible attitude, or any other discipline problems in general, may be recommended by
the principal for expulsion, assignment to an appropriate alternative education program, or transfer to
adult education if such student is:
(1) Seventeen years of age or older with less than five units of credit toward graduation.
(2) Eighteen years of age or older with less than ten units of credit toward graduation
(3) Nineteen years of age or older with less than fifteen units of credit toward graduation.
ADMINISTRATIVE CODE
1305. Reasons for Suspension [Formerly 1303].
A. School principals may suspend from school any student, including an exceptional student, for good
cause in accordance with state law and local policy.
B. Students determined to be guilty of the following offenses may be suspended for the following reasons:
1. willful disobedience;
2. disrespect to a teacher, principal, superintendent, and/or member or employee of the local school
board;
3. making an unfounded charge against a teacher, principal, superintendent, and/or member or
employee of the local school board;
4. using unchaste or profane language;
5. immoral or vicious practices;
6. conduct or habits injurious to his/her associates;
7. using tobacco and/or using and possessing alcoholic beverages or any controlled dangerous
substances governed by the Uniformed Controlled Dangerous Substance Law in any form in school
buildings or on school grounds;
Page 18
8. disturbing the school and habitually violating the rules;

9. cutting, defacing, or injuring any part of public school buildings;
10. writing profane or obscene language or drawing obscene pictures in or on any public school
premises, or on any fence, sidewalk, or building on the way to or from school;
11. possessing firearms, knives, or other implements that can be used as weapons;
12. throwing missiles on the school grounds;
13. instigating or participating in fights while under school supervision;
14. violating traffic and safety regulations;
15. leaving the school premises without permission or his/her classroom or detention room without
permission;
16. habitual tardiness or absenteeism; and
17. committing any other serious offense.
1307. Reasons for expulsions.
A. Students may be expelled for any of the following reasons:
1. any student, after being suspended for committing any of the offenses listed in 1103, may be
expelled upon recommendation by the principal of the public school in which the student is enrolled;
2. any student, after being suspended on three occasions for committing drugs or weapons offenses
during the same school session, shall, on committing the fourth offense, be expelled from all the public
schools of the parish or city school system wherein he or she resides until the beginning of the next
regular school year, subject to the review and approval of the local educational governing authority;
3. the conviction of any student of a felony or the incarceration of any student in a juvenile institution for
an act which, had it been committed by an adult, would have constituted a felony, may be cause for
expulsion of the student for a period of time as determined by the board; such expulsions shall require
the vote of two thirds of the elected members of the local educational governing authority;
4. any student found guilty of being in possession of a firearm on school property or on a school bus or
at a school sponsored event shall be expelled from school according to the requirements of R.S.
17:416(C)(2);
5. any student in grades six and up found guilty of being in possession of any illegal narcotic, drug, or
other controlled substance on school property, on a school bus, or at a school event shall be expelled
from school according to the requirements of R.S. 17:416(C)(2).
6. any student older than eleven and in grades six and up, carrying or possessing a knife the blade of
which equals or exceeds two inches in length.
B. School officials shall have total discretion and shall exercise such discretion in imposing on a pupil any
disciplinary actions authorized by this Section for possession by a student of a firearm or knife on school
property when such firearm or knife is stored in a motor vehicle and there is no evidence of the student's
intent to use the firearm or knife in a criminal manner.
C. Expulsion is not mandatory for a student carrying or possessing a firearm or knife for purposes of
involvement in a school class or course or school approved cocurricular or extracurricular activity or any
other activity approved by the appropriate school officials or for a student possessing any controlled
dangerous substance governed by the Uniform Controlled Dangerous Substances Law that has been
obtained directly or pursuant to a valid prescription or order from a licensed physician. However, such
student shall carry evidence of that prescription or physician's order on his person at all times when in
possession of any controlled dangerous substance which shall be subject to verification.
Page 19

STATUTES
A.(1)(c)(vii)(aa) Notwithstanding any provision of law to the contrary, whenever a pupil is formally accused
of violating the provisions of R.S. 14:34.3 or school disciplinary rules, or both, by committing a battery on
any school employee or is formally accused of violating the provisions of R.S. 14:38.2 or school
disciplinary rules, or both, by committing an assault on any school employee, the principal shall suspend
the pupil from school immediately and the pupil shall be removed immediately from the school premises
without the benefit of the suspension procedures provided by this Section; however, the necessary
notifications and other procedures shall follow as soon as is practicable.
A. (2)(ii) Failure or refusal by a pupil to participate in assigned detention shall subject the pupil to
immediate suspension.
B.(2) Any pupil who has been suspended on three occasions for committing any of the offenses
enumerated in this Subsection or Subsection C of this Section during the same school year shall, upon
committing the fourth such offense, be expelled from all the public schools of the city, parish, or other
local public school system wherein he resided until the beginning of the next regular school year, and the
pupil's reinstatement shall be subject to the review and approval of the local school board.
17.416. Discipline of students; suspension; expulsion
B. (1)(b)(i) Notwithstanding the provisions of Subsection A of this Section, the principal shall immediately
suspend a student who is found carrying or possessing a firearm He shall immediately
recommend the student's expulsion in accordance with Subsection C of this Section.
B. (1)(c) The provisions of this Section shall not apply to the following:
(i) A student carrying or possessing a firearm or knife for purposes of involvement in a school class
or course or school approved cocurricular or extracurricular activity or any other activity approved
by the appropriate school officials.
C.(2)(a)(i) Notwithstanding the provisions of Subsection B of this Section, any student sixteen years of
age or older found guilty of being in possession of a firearm on school property, on a school bus, or
in actual possession at a school-sponsored event, pursuant to a hearing as provided for by
Paragraph (1) of this Subsection, shall be expelled from school for a minimum period of four
complete school semesters and shall be referred to the district attorney for appropriate action.
However, the superintendent of a city, parish, or other local public school system may modify the
length of such minimum expulsion requirement on a case-by-case basis, provided such
C.(2)(b)(i) Any student who is under sixteen years of age and in grades six through twelve and who is
found guilty of being in possession of a firearm on school property, on a school bus, or in actual
possession at a school sponsored event, pursuant to a hearing as provided for by Paragraph (1) of
this Subsection, shall be expelled from school for a minimum period of four complete school
semesters, and shall be referred to the district attorney for appropriate action. However, the
superintendent of a city, parish, or other local public school system may modify the length of such
minimum expulsion requirement on a case-by-case basis, provided such modification is in writing.
C.(2)(c)(i) Any case involving a student in kindergarten through grade five found guilty of being in
possession of a firearm on school property, on a school bus, or in actual possession at a school
sponsored event, pursuant to a hearing as provided for by Paragraph (1) of this Subsection, shall
be expelled from school for a minimum period of two complete school semesters and shall be
Page 20
referred to the district attorney for appropriate action. However, the superintendent of a city, parish,
or other local public school system may modify the length of such minimum expulsion requirement
on a case-by-case basis, provided such modification is in writing.

STATUTES
A. (5) The provisions of this Subsection shall not be construed to conflict with any federal or state rules or
regulations or other guidelines affecting special education students as defined in R.S. 17:1943 et seq.
E. The provisions of this Section shall be applicable to exceptional children provided special education
services pursuant to Part I of Chapter 8 of this Title to the maximum extent allowed by federal law and
rules applicable to the education of exceptional children in the state. No policy adopted by the State
Board of Elementary and Secondary Education applicable to exceptional children as provided in this
Subsection shall be more restrictive than required by federal law and rules.
ADMINISTRATIVE CODE
1309. Guidelines for expulsions.
A. No student who has been expelled from any public or nonpublic school outside the state of Louisiana
or any nonpublic school within Louisiana for committing any offenses enumerated in R.S. 17:416 shall be
admitted to any public school in the state except upon the review and approval by the governing body of
the admitting school.
B. Any student who has been expelled from any public or nonpublic school within or outside the state of
Louisiana for one of the reasons listed below shall produce documentation that he or she and his/her
parent or legal guardian have enrolled in and participated in an appropriate rehabilitation or counseling
program related to the reason(s) for the expulsion prior to being admitted or readmitted on a probationary
basis to any public school in the state, unless such requirement is waived by the LEA:
1. possessing on school property or on a school bus a firearm, knife, or other dangerous weapon, or
instrumentality customarily used or intended for probable use as a dangerous weapon; or
2. possessing with intent to distribute, or distributing, selling, giving, or loaning while on school property
or on a school bus any controlled dangerous substance governed by the Uniform Controlled Dangerous
Substances Law.
1313. Discipline for Students with Disabilities.
A. If a school district removes a student with disabilities from the student's current educational placement
for 10 school days in a school year, consecutively or cumulatively, regardless of the circumstances,
beginning on the eleventh day, all students must be offered education services, including:
1. access to the general curriculum;
2. implementation of the student's IEP;
3. access to statewide test/LEAP 21/GEE 21 preparation and/or remediation equal to those services
provided to general education students;
4. services and modifications designed to prevent the behavior from recurring, if the behavior involves
drugs, weapons or behavior substantially likely to cause injury to the student or others.
Page 21

STATUTES
A.(3) (b)(i) Prior to any suspension, the school principal, or his designee, shall advise the pupil in question
of the particular misconduct of which he is accused as well as the basis for such accusation, and
the pupil shall be given an opportunity at that time to explain his version of the facts to the school
principal or his designee. [...] A pupil whose presence in or about a school poses a continued
danger to any person or property or an ongoing threat of disruption to the academic process shall
be immediately removed from the school premises without the benefit of the procedure described
hereinabove; however, the necessary procedure shall follow as soon as is practicable.
A.(3)(c) Any parent, tutor or legal guardian of a pupil suspended shall have the right to appeal to the city
or parish superintendent of schools or his designee, who shall conduct a hearing on the merits. The
decision of the superintendent of schools on the merits of the case, as well as the term of suspension,
shall be final, reserving to the superintendent of schools the right to remit any portion of the time of
suspension.
(d) A pupil suspended for damages to any property belonging to the school system or to property
contracted to the school system shall not be readmitted until payment in full has been made for such
damage or until directed by the superintendent of schools. If the property damaged is a school bus
owned by, contracted to, or jointly owned by any parish or city school board, a pupil suspended for
such damage shall not be permitted to enter or ride any school bus until payment in full has been
made for such damage or until directed by the superintendent of schools.
(e) A pupil who is suspended for ten days or fewer shall be assigned school work missed while he is
suspended and shall receive either partial or full credit for such work if it is completed satisfactorily
and timely as determined by the principal or his designee, upon the recommendation of the pupil's
teacher. A pupil who is suspended for more than ten days, or is expelled and receives educational
services at an alternative school site, shall be assigned work by a certified teacher and shall receive
credit for school work if it is completed satisfactorily and timely as determined by the teacher. Such
work shall be aligned with the curriculum used at the school from which the pupil was suspended or
expelled.
C.(1) Upon the recommendation by a principal for the expulsion of any student as authorized by
Subsection B hereof, a hearing shall be conducted by the superintendent or by any other person
designated so to do by the superintendent to determine the facts of the case and make a finding of
whether or not the student is guilty of conduct warranting a recommendation of expulsion. Upon the
conclusion of the hearing and upon a finding that the student is guilty of conduct warranting expulsion,
the superintendent, or his designee, shall determine whether such student shall be expelled from the
school system or if other corrective or disciplinary action shall be taken. At said hearing the principal or
teacher concerned may be represented by any person appointed by the superintendent. The
concerned teacher shall be permitted to attend such hearing and shall be permitted to present
information the teacher believes relevant. Until such hearing takes place the student shall remain
suspended from the school. At such hearing the student may be represented by any person of his
choice.
C.(4) The parent or tutor of the pupil may, within five days after the decision is rendered, request the city
or parish school board to review the findings of the superintendent or his designee at a time set by the
school board; otherwise the decision of the superintendent shall be final. If requested, as herein
Page 22
provided, and after reviewing the findings of the superintendent or his designee, the school board may
affirm, modify, or reverse the action previously taken.
(5) The parent or tutor of the pupil may, within ten days, appeal to the district court for the parish in
which the student's school is located, an adverse ruling of the school board in upholding the action of
the superintendent or his designee. The court may reverse or revise the ruling of the school board
upon a finding that the ruling of the board was based on an absence of any relevant evidence in
support thereof.
ADMINISTRATIVE CODE
F. Schools shall provide due process prior to suspensions and expulsions.
G. Students who are removed from the classroom for disruptive, dangerous, or unruly behavior or who
are suspended for 10 days or less shall be assigned school work missed and shall receive either full or
partial credit for such work if it is completed satisfactorily and timely as determined by the principal or
designee, upon the recommendation of the students teacher. A student who is suspended for more than
10 days or is expelled and receives educational services in an alternative school site, shall be assigned
school work by a certified teacher and shall receive credit for school work if it is completed satisfactorily
and timely as determined by the teacher. Such work shall be aligned with the curriculum used at the
school from which the student was suspended or expelled.
1306. Due Process for Suspensions [Formerly 1305].
A. Prior to any suspension, the school principal or the principals designee shall advise the student in
question of the particular misconduct of which he or she is accused as well as the basis for such
accusation, and the student shall be given an opportunity at that time to explain his or her version of the
facts to the school principal or his or her designee.
B. The principal, or the principal's designee, shall contact by telephone at the telephone number shown
on the pupil's registration card or send a certified letter at the address shown on the pupil's registration
card to the parent or guardian of the student, giving notice of the suspension, the reasons therefore and
establishing a date and time for a conference with the principal or his designee as a requirement for
readmitting the student.
1. If the parent or guardian fails to attend the required conference within five school days of mailing the
certified letter or other contact with the parent, the truancy laws shall become effective.
2. On not more than one occasion each school year when the parent or guardian refuses to respond,
the principal may determine whether readmitting the student is in the best interest of the student.
3. On any subsequent occasions in the same year, the student shall not be readmitted unless the
parent, guardian, or other appointed representative responds.
C. A student whose presence in or about a school poses a continued danger to any person or property or
an ongoing threat of disruption to the academic process shall be immediately removed from the school
premises without the benefit of the procedure described above; however, the necessary procedure shall
follow as soon as is practicable.
D. Notice in writing of the suspension and the reasons thereof shall be given to the parent or parents of
the suspended student.
E. Any parent, tutor, or legal guardian of a suspended student shall have the right to appeal to the
superintendent or to a designee of the superintendent, who shall conduct a hearing on the merits of the
case.
Page 23
F. In all cases of suspensions, the parent, the superintendent of schools, and the visiting teacher and/or
supervisor of child welfare and attendance shall be notified in writing of the facts concerning each
suspension, including the reasons therefore and terms thereof.
G. The decision of the superintendent on the merit of the case, as well as the term of suspension, shall be
final, reserving the right to the superintendent to remit any portion
1311. Due process for expulsions.
A. A recommendation for expulsion is made by the principal.
B. A hearing is conducted by the superintendent of the LEA or someone designated by the
superintendent.
C. A determination of whether to expel the student is made by the superintendent or his designee.
D. The principal and teacher as well as the student may be represented by someone of their choice at
this hearing.
E. Until the hearing takes place, the student shall remain on suspension.
F. The parent or guardian of the student may, within five days after the decision to expel the student has
been rendered, request the local educational governing authority to review the findings of the
superintendent or his designee. Otherwise, the decision of the superintendent shall be final.
G. The board, in reviewing the case, may affirm, modify, or reverse the action previously taken.
H. If the board upholds the decision of the superintendent, the parent or guardian of the student may,
within 10 days, appeal to the district court for the parish in which the student's school is located. The court
may reverse the ruling of the board.
STATUTES
A. (2) (ii) Each city and parish school board shall adopt rules regarding the implementation of in-school
suspension by no later than January 1, 1995.
(iii) A pupil in kindergarten through grade six removed from a class pursuant to this Subparagraph
shall not be permitted to return to the class for at least thirty minutes unless agreed to by the teacher
initiating the disciplinary action. A pupil in grades seven through twelve removed from a class
pursuant to this Subparagraph shall not be permitted to return to the class during the same class
period unless agreed to by the teacher initiating the disciplinary action. Additionally, the pupil shall
not be readmitted to the class until the principal has implemented one of the following disciplinary
measures:
(bb) Detention.
(cc) Suspension.
(ff) Requiring the completion of all assigned school and homework which would have been assigned
and completed by the student during the period of suspension.
(gg) Any other disciplinary measure authorized by the principal with the concurrence of the teacher
or the building level committee pursuant to law and board policy.
Page 24
(2) As used in this Section:

(a)(i) "In-school suspension" means removing a pupil from his normal classroom setting but
maintaining him under supervision within the school. Pupils participating in in-school suspension may
receive credit for work performed during the in-school suspension. However, any pupil who fails to
comply fully with the rules for in-school suspension shall be subject to immediate suspension.
(ii) Each city and parish school board shall adopt rules regarding the implementation of in-school
suspension by no later than January 1, 1995.
(b)(i) "Detention" means activities, assignments, or work held before the normal school day, after the
normal school day, or on weekends.
(ii) Failure or refusal by a pupil to participate in assigned detention shall subject the pupil to immediate
suspension.
(iii) Assignments, activities, or work which may be assigned during detention include but are not
limited to counseling, homework assignments, behavior modification programs, or other activities
aimed at improving the self-esteem of the pupil.
(iv) Each city and parish school board shall adopt rules regarding the implementation of detention by
no later than January 1, 1995.
(5) The provisions of this Subsection shall not be construed to conflict with any federal or state rules or
regulations or other guidelines affecting special education students as defined in R.S. 17:1943 et seq.
(bb) A student who is found carrying or possessing a knife with a blade less than two inches in
length may be suspended by the school principal as provided in Paragraph (A)(3) of this Section;
however, in appropriate cases such student, at a minimum, shall be placed in in-school suspension.

STATUTES
A.(1)(c)(vii)(bb) No pupil suspended in accordance with the provisions of this Item shall be considered for
readmission to the school to which the school employee, allegedly assaulted or battered, or both,
by the pupil, is assigned until all hearings and appeals associated with the alleged violation have
been exhausted.
(cc) Except when the school system has no other school of suitable grade level for the pupil to
attend, no pupil found guilty by a court of competent jurisdiction of violating the provisions of R.S.
14:34.3 or 38.2, or both, or found guilty at a school system suspension hearing of committing a
battery on any school employee or committing an assault on any school employee, or both, shall
be assigned to attend or shall attend the school to which the school employee battered or
assaulted by the pupil is assigned.
(dd) Notwithstanding any provision of R.S. 17:158 to the contrary, a school system shall not be
required to provide transportation to any pupil reassigned to attend a school pursuant to the
provisions of this Item if providing such transportation for the pupil will result in additional
transportation costs to the school system.
B.(3)(a)(i) No student who has been expelled pursuant to the provisions of this Section shall be admitted
to any public school in any other parish or city school system in the state except upon the review
and approval of the school board of the school system to which he seeks admittance.
(ii) No student who has been expelled from any public or nonpublic school outside the state of
Louisiana or any nonpublic school within Louisiana for committing any of the offenses enumerated
Page 25
in this Section shall be admitted to any public school in the state except upon the review and
approval of the governing body of the admitting school.
(b) No student who has been expelled pursuant to the provisions of Paragraph (C)(2) of this Section
shall be readmitted to a public school in the city, parish, or other local public school system from
which he was expelled prior to the completion of the specified period of expulsion, unless he has
complied with the provisions of Subparagraph (C)(2)(d) of this Section.
(c) To facilitate the review and approval mandated by this Paragraph, any student who has been
expelled from any public or nonpublic school within or outside the state of Louisiana shall provide to
any public school or school system in the state to which the student is seeking admission information
on the dates of any expulsions and the reason or reasons for which the student was expelled.
Additionally, the transfer of a student's records by any public school or school system in the state to
any other public or nonpublic school or school system shall include information on the dates of any
expulsions and the reason or reasons for which the student was expelled.
(d)(i) In addition to any other limitations established by this Subsection on the admission of
previously expelled pupils to public elementary and secondary schools in Louisiana, no pupil who
has been expelled from any public or nonpublic school within or outside the state of Louisiana for
possessing on school property or on a school bus a firearm, knife, or other dangerous weapon or
instrumentality customarily used or intended for probable use as a dangerous weapon, or for
possessing, possessing with intent to distribute, or distributing, selling, giving, or loaning while on
school property or on a school bus any controlled dangerous substance governed by the Uniform
Controlled Dangerous Substances Law shall be admitted to any public elementary or secondary
school in the state, or readmitted to any such school on a probationary basis prior to the completion
of the minimum period of expulsion as provided in Subsection C of this Section, until the pupil
produces written documentation that he and his parent or legal guardian have enrolled and
participated in an appropriate rehabilitation or counseling program related to the reason or reasons
for the pupil's expulsion.
(ii) The rehabilitation or counseling required by the provisions of this Subparagraph shall be
provided by existing or new programs approved by the juvenile or family court having jurisdiction, if
applicable, or by the school system and shall be at no additional cost to the school system. Such
rehabilitation or counseling programs may include the following components relative to successful
programs, approaches, and activities for parental involvement which better equip parents to provide
support for the education of their children:
(aa) Enhancing parenting skills and expanding curriculum offerings relative to character
development, the development of a healthy self-esteem and sense of personal and social
responsibility, violence prevention, and conflict resolution.
(bb) Raising the educational level of the parents of public school students through instruction in
basic skills.
(cc) Improving developmental skills of students to prepare them for academic success.
(dd) Providing a role model for the child through parental interest in education.
(ee) Enabling parents to become familiar with and comfortable in the school setting.
(ff) Enhancing the relationship of the parent and child through planned, structured parent-school
interaction.
(gg) Demonstrating to parents their power to affect their child's ability to learn.
(iii) The requirements of this Subparagraph for a student's enrollment and participation in a
rehabilitation or counseling program shall be waived by the school system upon a documented
Page 26
showing by the student that no appropriate program is available in the area or that the student
cannot enroll or participate due to financial hardship.
(iv) The provisions of this Subparagraph shall be applicable to exceptional children provided special
education services pursuant to Part I of Chapter 8 of this Title only to the extent the provisions are
not in conflict with federal rules, regulations, and guidelines applicable to the education of
exceptional students.
C.(2)(d)(i) Any student expelled from school may be readmitted on a probationary basis to school at any
time during the specified period of expulsion on such terms and conditions as may be stipulated by
the city, parish, or other local public school board and agreed to in writing by the student and by the
student's parent or other person responsible for the student's school attendance. Such terms and
conditions may include but need not be limited to placing the student in a suitable alternative
education program as determined by the school board. However, any such written agreement shall
include a provision that upon the school principal or superintendent of schools making a
determination that the student has violated any term or condition agreed to, the student shall be
immediately removed from the school premises without the benefit of any hearing or other
procedure applicable to student suspensions and expulsions. As soon thereafter as possible, the
principal or his designee shall provide verbal notice to the superintendent of schools of any such
determination and also shall attempt to provide such verbal notice to the student's parent or other
person responsible for the student's school attendance. The principal or his designee also shall
provide written notice of the determination and the reasons therefor to the superintendent and to
the student's parent or other responsible person.
(ii) Any student expelled pursuant to the provisions of this Subsection or Subsection B of this
Section seeking readmission on a probationary basis prior to the end of the specified period of
expulsion must also comply with the provisions of Subparagraph (B)(3)(d) of this Section.
(iii) The provisions of this Subparagraph shall not be applicable to any student found guilty by a
court of competent jurisdiction, or adjudicated a delinquent by a court of competent jurisdiction, of a
criminal violation of any provision of Title 14 of the Louisiana Revised Statutes of 1950 which is
related to the reason for the suspension, unless the judge finds otherwise.
17:416.2. Supervision of suspended or expelled students; alternative education programs.
A. (1) Any student suspended or expelled from school pursuant to the provisions of R.S. 17:416, shall
remain under the supervision of the governing authority of the city, parish, or other local public school
system taking such action using alternative education programs for suspended and expelled students.
Alternative education programs of any local public school shall be approved by the State Board of
Elementary and Secondary Education; however, no school system shall be liable for any student
attending an alternative education program at a location other than a school site.
(2) A student expelled pursuant to the provisions of R.S. 17:416(B) and (C)(2) may be readmitted only
to a city, parish, or other local public school in the school system from which he was expelled prior to
the completion of the specified period of expulsion, in accordance with the provisions of R.S.
17:416(C)(2)(d).
ADMINISTRATIVE CODE
1306. Due Process for Suspensions [Formerly 1305].
Page 27
case.
D. Any student expelled from school pursuant to the provisions of R.S. 17:416 may be readmitted on a
probationary basis to school at any time during the specified period of expulsion on such terms and
conditions as may be stipulated by the city or parish city, parish, or other local school board and agreed to
in writing by the student and by the student's parent or other person responsible for the student's school
attendance. Such terms and conditions may include but need not be limited to placing the student in a
suitable alternative education program as determined by the school board. However, any such written
agreement shall include a provision that upon the school principal or superintendent of schools making a
determination that the student has violated any term or condition agreed to, the student shall be
immediately removed from the school premises without the benefit of any hearing or other procedure
applicable to student suspensions and expulsions. As soon thereafter as possible, the principal or his
designee shall provide verbal notice to the superintendent of schools of any such determination and also
shall attempt to provide such verbal notice to the student's parent or other person responsible for the
student's school attendance. The principal or his designee also shall provide written notice of the
determination and the reasons therefore to the superintendent and to the student's parent or other
responsible person.
Page 28

STATUTES
(5)(a) Approve courses of study and prepare and adopt rules and regulations for the discipline of students
and the governance of the public elementary and secondary schools and other public schools and
programs under its jurisdiction, which shall not be inconsistent with law and which shall be enforced by
the city, parish, and other local public school boards and the local school superintendents; however, the
board shall have no control over the business affairs of a city, parish, or other local public school board
or the selection or removal of its officers and employees.
17:416.21. Behavior of students with exceptionalities; use of seclusion and physical restraint.
A. As used in this Section:
(1) "Imminent risk of harm" means an immediate and impending threat of a person causing substantial
physical injury to self or others.
(2) (a) "Mechanical restraint" means the application of any device or object used to limit a person's
movement.
(b) Mechanical restraint does not include:
(i) A protective or stabilizing device used in strict accordance with the manufacturer's instructions for
proper use and which is used in compliance with orders issued by an appropriately licensed health
care provider.
(ii) Any device used by a duly licensed law enforcement officer in the execution of his official duties.
(3) (a) "Physical restraint" means bodily force used to limit a person's movement.
(b) Physical restraint does not include:
(i) Consensual, solicited, or unintentional contact.
(ii) Holding of a student, by a school employee, for less than five minutes in any given hour or class
period for the protection of the student or others.
(iii) Holding of a student, by one school employee, for the purpose of calming or comforting the
student, provided the student's freedom of movement or normal access to his or her body is not
restricted.
(iv) Minimal physical contact for the purpose of safely escorting a student from one area to another.
(v) Minimal physical contact for the purpose of assisting the student in completing a task or
response.
(4) "Positive behavior interventions and support" means a systematic approach to embed evidencebased practices and data-driven decision making when addressing student behavior in order to improve
school climate and culture.
(5) "School employee" means a teacher, paraprofessional, administrator, support staff member, or a
provider of related services.
Page 29
(6) "Seclusion" means a procedure that isolates and confines a student in a separate room or area until
he or she is no longer an immediate danger to self or others.
(7) "Seclusion room" means a room or other confined area, used on an individual basis, in which a
student is removed from the regular classroom setting for a limited time to allow the student the
opportunity to regain control in a private setting and from which the student is involuntarily prevented
from leaving.
(8) "Written guidelines and procedures" means the written guidelines and procedures adopted by a
school's governing authority regarding appropriate responses to student behavior that may require
immediate intervention.
B. (1) Seclusion shall be used only:
(a) For behaviors that involve an imminent risk of harm.
(b) As a last resort when de-escalation attempts have failed and the student continues to pose an
imminent threat to self or others.
(2) Seclusion shall not be used to address behaviors such as general noncompliance, self-stimulation,
and academic refusal. Such behaviors shall be responded to with less stringent and less restrictive
techniques.
(3) (a) A seclusion room shall be used only as a last resort if and when less restrictive measures, such
as positive behavioral supports, constructive and non-physical de-escalation, and restructuring of a
student's environment, have failed to stop a student's actions that pose an imminent risk of harm.
(b) A student shall be placed in a seclusion room only by a school employee who uses accepted
methods of escorting a student to a seclusion room, placing a student in a seclusion room, and
supervising a student while he or she is in the seclusion room.
(c) Only one student may be placed in a seclusion room at any given time, and the school employee
supervising the student must be able to see and hear the student the entire time the student is placed
in the seclusion room.
(4) A seclusion room shall:
(a) Be free of any object that poses a danger to the student placed in the room.
(b) Have an observation window and be of a size that is appropriate for the student's size, behavior,
and chronological and developmental age.
(c) Have a ceiling height and heating, cooling, ventilation, and lighting systems comparable to
operating classrooms in the school.
C. (1) Physical restraint shall be used only:
(a) When a student's behavior presents a threat of imminent risk of harm to self or others and only as
a last resort to protect the safety of self and others.
(b) To the degree necessary to stop dangerous behavior.
(c) In a manner that causes no physical injury to the student, results in the least possible discomfort,
and does not interfere in any way with a student's breathing or ability to communicate with others.
(2) No student shall be subjected to any form of mechanical restraint.
(3) No student shall be physically restrained in a manner that places excessive pressure on the
student's chest or back or that causes asphyxia.
(4) A student shall be physically restrained only in a manner that is directly proportionate to the
circumstances and to the student's size, age, and severity of behavior.
D. Seclusion and physical restraint shall not be used as a form of discipline or punishment, as a threat to
control, bully, or obtain behavioral compliance, or for the convenience of school personnel.
Page 30
E. No student shall be subjected to unreasonable, unsafe, or unwarranted use of seclusion or physical

restraint.
F. A student shall not be placed in seclusion or physically restrained if he or she is known to have any
medical or psychological condition that precludes such action, as certified by a licensed health care
provider in a written statement provided to the school in which the student is enrolled.
G. A student who has been placed in seclusion or has been physically restrained shall be monitored
continuously. Such monitoring shall be documented at least every fifteen minutes and adjustments made
accordingly, based upon observations of the student's behavior.
H. A student shall be removed from seclusion or released from physical restraint as soon as the reasons
for justifying such action have subsided.
I. (1) The parent or other legal guardian of a student who has been placed in seclusion or physically
restrained shall be notified as soon as possible. The student's parent or other legal guardian shall also
be notified in writing, within twenty-four hours, of each incident of seclusion or physical restraint. Such
notice shall include the reason for such seclusion or physical restraint, the procedures used, the length
of time of the student's seclusion or physical restraint, and the names and titles of any school employee
involved.
(2) The director or supervisor of special education shall be notified any time a student is placed in
seclusion or is physically restrained.
J. A school employee who has placed a student in seclusion or who has physically restrained a student
shall document and report each incident in accordance with the policies adopted by the school's
governing authority. Such report shall be submitted to the school principal not later than the school day
immediately following the day on which the student was placed in seclusion or physically restrained and a
copy shall be provided to the student's parent or legal guardian.
K. If a student is involved in five incidents in a single school year involving the use of physical restraint or
seclusion, the student's Individualized Education Plan team shall review and revise the student's behavior
intervention plan to include any appropriate and necessary behavioral supports.
L. The documentation compiled for a student who has been placed in seclusion or has been physically
restrained and whose challenging behavior continues or escalates shall be reviewed at least once every
three weeks.
M. (1) The governing authority of each public elementary and secondary school shall adopt written
guidelines and procedures regarding:
(a) Reporting requirements and follow-up procedures.
(b) Notification requirements for school officials and a student's parent or other legal guardian.
(c) An explanation of the methods of physical restraint and the school employee training requirements
relative to the use of restraint.
(2) These guidelines and procedures shall be provided to all school employees and every parent of a
child with an exceptionality.
N. (1) The governing authority of each public elementary and secondary school shall report all instances
where seclusion or physical restraint is used to address student behavior to the Department of
Education.
(2) The Department of Education shall maintain a database of all reported incidents of seclusion and
physical restraint of students with exceptionalities and shall disaggregate the data for analysis by
school; student age, race, ethnicity, and gender; student disability, where applicable; and any involved
school employees.
Page 31
STATUTES
(5)(a) Approve courses of study and prepare and adopt rules and regulations for the discipline of
students and the governance of the public elementary and secondary schools and other public
schools and programs under its jurisdiction, which shall not be inconsistent with law and which shall
be enforced by the city, parish, and other local public school boards and the local school
superintendents; however, the board shall have no control over the business affairs of a city, parish,
or other local public school board or the selection or removal of its officers and employees.
(b) Prepare and adopt rules and guidelines for the appropriate use of seclusion, physical restraint,
and mechanical restraint of students with exceptionalities as defined in R.S. 17:1942, in accordance
with the Administrative Procedure Act.
(32) Report in writing to the House Committee on Education and the Senate Committee on Education
by not later than September 15, 2010, relative to the standards and criteria used by the board to
approve alternative schools and alternative education programs for students in public elementary and
secondary schools who are suspended for more than ten days or who are expelled from school for
violations of school discipline law or policy and who remain under the supervision of the city, parish, or
other local public school taking the action. The report shall specify in detail all minimum standards and
criteria that must be met in order for the board to approve the alternative school or program and note
standards and criteria that are subject to waiver by the board in making approval determinations.
17.100.1. Alternative educational programs; certain adjudicated students; students in the
custody of the office of juvenile justice; funding; authority of the local school board to contract;
inclusion in minimum foundation program; funding formula.
A.(1) Any child who has been adjudicated delinquent or as a member of a family in need of services by a
court or is in the custody of the office of juvenile justice as a result of any such adjudication and is
assigned by the office of juvenile justice to a community-based program or facility shall be counted by
the city, parish, or other local public school board for the city or parish where such program or facility
exists for purposes of the Minimum Foundation Program and any other available state or federal
funding for which the child is eligible. No other city, parish, or other local public school board shall
include such a child in any count for purposes of the Minimum Foundation Program or any other
available state or federal funding for which the child may be eligible. Funds inuring to the city, parish, or
other local public school board as a result of the presence of such children in their jurisdiction shall be
used to provide educational services for such children.
(2) Subject to the requirements of Subsection B of this Section, any city, parish, or other local public
school board may contract for the provision of educational services for children described in Paragraph
(1) of this Subsection.
B. Private providers of alternative educational services shall be approved by the city, parish, or other local
public school board and the State Board of Elementary and Secondary Education as alternative schools
pursuant to standards established by the state board before a contract as authorized by this Section may
be entered into by the city, parish, or other local public school board.
Page 32
17.100.5. Alternative schools; establishment by local boards.

A. Parish and city school boards, with the approval of the State Board of Elementary and Secondary
Education, may establish and maintain one or more alternative schools for children whose behavior is
disruptive. Any alternative school shall be maintained and funded at the same level of support as other
schools for children in the school district.
B. The State Board of Elementary and Secondary Education shall develop, adopt, and implement
guidelines for alternative schools which, at a minimum, shall provide for the following:
(1) Identifying the needs of students.
(2) Using group and individualized courses of study.
(3) Providing assistance with social skills and work habits.
(4) Using alternative teaching methods.
C. (1) Teachers employed in alternative schools established pursuant to this Section shall be selected
from regularly employed school teachers who volunteer.
(2) Eligibility for enrollment in alternative schools shall be determined from a list compiled by each city
and parish school board of students with discipline problems whose behavior is disruptive. Students
selected for enrollment in the alternative schools from the eligibility list shall be selected from
volunteers, provided that there shall be no racial, sexual, or ethnic discrimination in either the
compilation of the eligibility list or in the operation of the school.
D. Each city or parish school board operating an alternative school annually shall evaluate such school.
The evaluation shall include testing of basic skills for student participants. The process of evaluation shall
also include teacher, parent, and student input from the alternative school.
and transfers.
prescribed by law.
A. (1) Any student suspended or expelled from school pursuant to the provisions of R.S. 17:416, shall
remain under the supervision of the governing authority of the city, parish, or other local public school
system taking such action using alternative education programs for suspended and expelled students.
Alternative education programs of any local public school shall be approved by the State Board of
Elementary and Secondary Education; however, no school system shall be liable for any student
attending an alternative education program at a location other than a school site.
Page 33
(2) A student expelled pursuant to the provisions of R.S. 17:416(B) and (C)(2) may be readmitted only
to a city, parish, or other local public school in the school system from which he was expelled prior to
the completion of the specified period of expulsion, in accordance with the provisions of R.S.
17:416(C)(2)(d).
(3) (a) Any student placed in an alternative school or an alternative education program, including but not
limited to any student receiving education services pursuant to an agreement subject to Paragraph
(D)(2) of this Section, shall attend and participate in such school, program, or education services.
(b) The parent, tutor, or legal guardian of any such student shall ensure attendance as required by
this Paragraph and any violation of this Subparagraph shall be subject to the provisions of R.S.
17:221(A)(2) and (3).
(c) Visiting teachers or supervisors of child welfare and attendance, with the approval of the
superintendent of the local public school system, shall file proceedings in court to enforce the
provisions of this Paragraph.
B. Repealed by Acts 2012, No. 831, 2, effective June 14, 2012.
C. For purposes of this Section, alternative education programs may mean programs designed to offer
variations of traditional instructional programs and strategies for the purpose of increasing the likelihood
that students who are unmotivated or unsuccessful in traditional programs or who are disruptive in the
traditional school environment remain in school and obtain a high school diploma. Alternative programs
may include but not be limited to programs that hold students to strict standards of behavior in highly
structured and controlled environments, sometimes referred to as "boot camps", "police schools", or
"court schools".
D. (1) The State Board of Elementary and Secondary Education shall adopt the necessary rules and
regulations to provide for the implementation of the provisions of this Section.
(2) Such rules and regulations shall include provisions for cases in which a school governing authority
enters into an agreement with an education service provider for the education of a student who meets
any of the following criteria:
(a) Has been adjudicated delinquent by a court having juvenile jurisdiction as defined in Article 302 of
the Louisiana Children's Code.
(b) Has been adjudicated by a court as a member of a family in need of services and is assigned by
the office of juvenile justice to a community-based program or facility.
(c) Is in the custody of the office of juvenile justice as a result of an adjudication and is assigned by
the office of juvenile justice to a community-based program or facility.
(d) Is a student who has been suspended or expelled pursuant to the provisions of R.S. 17:416(B) or
(C)(2).
(3) Rules and regulations pursuant to Paragraph (2) of this Subsection shall include all of the following:
(a) Such services shall be provided to the school governing authority at the actual costs incurred by
the provider, not to exceed for each student the pro rata share of the combined state and local per
pupil amount of the minimum foundation program for such governing authority.
(b) In an effort to support the on-time graduation of students who are suspended, expelled, or at high
risk for dropping out or entry into the juvenile justice system, academic, behavioral, and mental health
interventions must be provided. Interventions offered shall include but not be limited to the following:
(i) Academic interventions and supports:
(aa) Targeted academic interventions focused on assessed needs in math and reading using an
evidence-based and research-supported curriculum.
(bb) Use of validated monthly assessments to monitor individual student academic progress.
Page 34
(cc) Implementation of research-supported instructional strategies such as differentiated

instruction, experiential education, project-based learning, and computer-assisted instruction to
support assessed needs and content mastery.
(dd) Opportunities to participate in credit recovery to support progression towards on-time
graduation.
(ee) On-site access to at least one career or vocational certification option.
(ii) Behavioral interventions and supports:
(aa) Positive behavioral supports with a high ratio of positive reinforcement over punishment.
(bb) Behavioral shaping steps aligned to assessed behavioral needs and goals.
(cc) Mentoring and frequent behavioral feedback focused on individualized shaping steps for
students enrolled.
(dd) Successive approximations and reinforcements to develop more complex social behaviors.
(iii) Mental health interventions and supports:
(aa) Evidence-based cognitive behavioral interventions to address, anger, impulsivity, and
aggression.
(bb) Interventions to address past childhood traumas, including forms of abuse and neglect, being
a victim of or a witness to violence, and involvement in natural disasters.
(cc) Interventions to address substance use and to prevent substance abuse.
(dd) Interventions to build life skills and social skills in order to increase employability and success
in the community.
(4) Nothing in this Section shall prevent any nonprofit organization that provides alternative education
services to a school governing authority from applying to operate a charter school pursuant to R.S.
17:3983.
(5) The governing authority of a Type 5 charter school shall receive approval from the superintendent of
the Recovery School District before entering into an agreement with an educational service provider for
alternative education services pursuant to the provisions of this Section, and any such agreement shall
not be subject to the provisions of Subparagraph (3)(a) of this Subsection.
(6) Any agreement in effect on the effective date of this Paragraph and any prospective agreement
between the Recovery School District and an educational service provider for alternative education
shall not be subject to Subparagraph (3)(a) of this Subsection, but shall be approved by the state
superintendent of education.
E. Notwithstanding any provision of R.S. 17:158 to the contrary, a school system shall not be required to
provide transportation to any student suspended or expelled from school pursuant to the provisions of
R.S. 17:416 and remaining under the supervision of the governing authority of the school system taking
such action pursuant to Subsection A of this Section if providing such transportation for the student will
result in additional transportation costs to the school system. No school system shall be liable for any
suspended or expelled student providing his own transportation pursuant to the provisions of this Section.
F. Repealed by Acts 2012, No. 831, 2, effective June 14, 2012.
G. The provisions of this Section shall not be applicable to any student suspended for up to ten days.
H. The Department of Education shall monitor each city, parish, and other local public school system
annually for compliance with the provisions of this Section.
Page 35
ADMINISTRATIVE CODE
1303. Bullying.
8. Parental Relief. If four or more reports of separate incidents of bullying have been made, and no
investigation has occurred, the parent or legal guardian of the alleged victim shall have the option to
request that the student be transferred to another school operated by the LEA.
a. In order to exercise this option, the parent or legal guardian shall file a request with the
superintendent of the LEA for the transfer of the student to another school under the LEAs jurisdiction.
b. The LEA shall make a seat available at another of its schools within 10 school days of receipt of the
request for a transfer. If the LEA has no other school serving the grade level of the student, then within
15 school days of receipt of the request, the superintendent of the LEA shall:
i. inform the student and the students parents or legal guardians and facilitate the student's
enrollment in a statewide virtual school;
ii. offer the student placement in a full-time virtual program or virtual school under the jurisdiction of
the LEA;
iii. enter into a memorandum of understanding with the superintendent of another LEA to secure a
placement and provide for the transfer of the student to a school serving the grade level of the
student, pursuant to R.S. 17:105 and 105.1.
c. If no seat or other placement is made available within 30 calendar days of the receipt of the request
by the superintendent, the parent or legal guardian may request a hearing with the school board, which
shall be public or private at the option of the parent or legal guardian. The school board shall grant the
hearing at its next scheduled meeting or within 60 calendar days, whichever is sooner.
d. At the end of any school year, the parent or legal guardian may request that the LEA transfer the
student back to the original school. The LEA shall make a seat available at the school.
Page 36

Conditions
STATUTES
B.(1)(b)(i) Notwithstanding the provisions of Subsection A of this Section, the principal shall immediately
suspend a student who is found carrying or possessing a firearm He shall immediately
recommend the student's expulsion in accordance with Subsection C of this Section.
(c) The provisions of this Section shall not apply to the following:
C.(2)(a)(i) Notwithstanding the provisions of Subsection B of this Section, any student sixteen years of
age or older found guilty of being in possession of a firearm on school property, on a school bus, or
in actual possession at a school-sponsored event, pursuant to a hearing as provided for by
Paragraph (1) of this Subsection, shall be expelled from school for a minimum period of four
complete school semesters and shall be referred to the district attorney for appropriate action.
However, the superintendent of a city, parish, or other local public school system may modify the
length of such minimum expulsion requirement on a case-by-case basis, provided such
C.(2)(b)(i) Any student who is under sixteen years of age and in grades six through twelve and who is
found guilty of being in possession of a firearm on school property, on a school bus, or in actual
possession at a school sponsored event, pursuant to a hearing as provided for by Paragraph (1) of
this Subsection, shall be expelled from school for a minimum period of four complete school
semesters, and shall be referred to the district attorney for appropriate action. However, the
superintendent of a city, parish, or other local public school system may modify the length of such
minimum expulsion requirement on a case-by-case basis, provided such modification is in writing.
C.(2)(c)(i) Any case involving a student in kindergarten through grade five found guilty of being in
possession of a firearm on school property, on a school bus, or in actual possession at a school
sponsored event, pursuant to a hearing as provided for by Paragraph (1) of this Subsection, shall
be expelled from school for a minimum period of two complete school semesters and shall be
referred to the district attorney for appropriate action. However, the superintendent of a city, parish,
or other local public school system may modify the length of such minimum expulsion requirement
on a case-by-case basis, provided such modification is in writing.
Other weapons
STATUTES
suspend a student who is found another dangerous instrumentality other than a knife . He
Page 37
shall immediately recommend the student's expulsion in accordance with Subsection C of this
Section.
(ii)(aa) Except as provided in Item (c)(i) of this Paragraph, no student shall be permitted to carry or
possess a knife of any blade length.
(bb) A student who is found carrying or possessing a knife with a blade less than two inches in
length may be suspended by the school principal as provided in Paragraph (A)(3) of this Section;
however, in appropriate cases such student, at a minimum, shall be placed in in-school
suspension.
(cc) The principal shall immediately suspend a student who is found carrying or possessing a knife
the blade of which equals or exceeds two inches in length. He also shall immediately
recommend the student's expulsion in accordance with Subsection C of this Section, except that,
in the case of a student less than eleven years of age in pre-kindergarten through grade five, the
principal may, but shall not be required to, recommend the student's expulsion in accordance with
Subsection C of this Section.
F. Notwithstanding any provision of this Section to the contrary, school officials shall have total discretion
and shall exercise such discretion in imposing on a pupil any disciplinary actions authorized by this
Section for possession by a pupil of a firearm or knife on school property when such firearm or knife is
stored in a motor vehicle and there is no evidence of the pupil's intent to use the firearm or knife in a
criminal manner.

STATUTES
A.(1)(c)(v) Upon the third removal from the same classroom pursuant to this Subparagraph, the teacher
and the principal shall discuss the disruptive behavior patterns of the pupil and the potentially
appropriate disciplinary measure before the principal implements a disciplinary measure. If
appropriate, a referral of the matter may be made to an appropriate building level committee. In
addition, a conference between the teacher or other appropriate school employee and the pupil's
parent, tutor, or legal guardian shall be required prior to the pupil being readmitted.
(vi)(aa) If disruptive behavior persists, the teacher may request that the principal transfer the pupil
into another setting.
A.(3) (f) When a pupil is suspended for a second time within one school year, the principal may require
that a counseling session be held with the parent and pupil by the school counselor if a counselor is
assigned or available to that school. In the event there is no school counselor available, the principal
may require a conference between the parent, pupil, and all the pupil's teachers and the principal or
other administrator.
and transfers.
Page 38
prescribed by law.

STATUTES
17.221. School attendance; compulsory ages; duty of parents; excessive absences; condition for
driving privileges.
A.(1) Every parent, tutor, or other person residing within the state of Louisiana having control or charge of
any child from that child's seventh birthday until his eighteenth birthday shall send such child to a public
or private day school, unless the child graduates from high school prior to his eighteenth birthday. Any
child below the age of seven who legally enrolls in school shall also be subject to the provisions of this
Subpart. Every parent, tutor, or other person responsible for sending a child to a public or private day
school under provisions of this Subpart shall also assure the attendance of such child in regularly
assigned classes during regular school hours established by the school board and shall assure that
such child is not habitually tardy from school pursuant to the provisions of R.S. 17:233.
(2) Whoever violates the provisions of this Subsection or R.S. 17:234 shall be fined not more than two
hundred and fifty dollars or imprisoned not more than thirty days, or both. The court shall impose a
minimum condition of probation which may include that the parent, tutor, or other person having control
or charge of the child participate in forty hours of school or community service activities, or a
combination of forty hours of school or community service and attendance in parenting classes or family
counseling sessions or programs approved by the court having jurisdiction, as applicable, or the
suspension of any state-issued recreational license.
(3) Whoever violates any other provision of this Subpart or any other provision of law which provides for
the penalty provided for in R.S. 17:221 shall be fined not more than fifteen dollars, and, for such
violations, each day the violation continues shall constitute a separate offense.
(4) Visiting teachers or supervisors of child welfare and attendance, with the approval of the parish or
city superintendents of schools, shall file proceedings in court to enforce the provisions of this Subpart.
B. No city, parish, or other local public school board shall deny admission or readmission to school of any
student of suitable age who resides within the geographic boundaries of the school system unless such
student is legally excluded from attending school.
C. Each of the school boards shall:
(1) Develop and submit to the state Superintendent of Education a detailed written program plan
designed to improve school attendance, based on local needs and resources.
(2) Give priority in selecting pilot schools within the local school districts to those with the highest
percentage of nonattendance, and
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(3) Focus the program in a manner designed to remedy the underlying problems causing poor school
attendance.
D. Each school shall develop and implement a system whereby the school shall attempt to provide verbal
notification and, if such verbal notification cannot be provided, then shall provide written notification to a
child's parent, tutor, or legal guardian when that child has been absent from school for five school days in
schools operating on a semester basis, and for ten days in schools not operating on a semester basis.
Substance use
STATUTES
suspend a student who possesses, distributes, sells, gives, or loans any controlled dangerous
substance governed by the Uniform Controlled Dangerous Substances Law, in any form. He shall
immediately recommend the student's expulsion in accordance with Subsection C of this Section.
(ii) A student possessing any controlled dangerous substance governed by the Uniform Controlled
Dangerous Substances Law that has been obtained directly or pursuant to a valid prescription or
order from a licensed physician. However, such student shall carry evidence of that prescription or
physician's order on his person at all times when in possession of any controlled dangerous
substance which shall be subject to verification.
C.(2)(a)(ii) Notwithstanding the provisions of Subsection B of this Section, any student sixteen years of
age or older found guilty of possession of, or knowledge of and intentional distribution of, or
possession with intent to distribute any illegal narcotic, drug, or other controlled substance on
school property, on a school bus, or at a school sponsored event pursuant to a hearing as provided
for by Paragraph (1) of this Subsection shall be expelled from school for a minimum period of four
complete school semesters.
C.(2)(b)(ii) Any student who is under sixteen years of age and in grades six through twelve and who is
found guilty of possession of, or knowledge of and intentional distribution of, or possession with
intent to distribute any illegal narcotic, drug, or other controlled substance on school property, on a
school bus, or at a school sponsored event pursuant to a hearing as provided for by Paragraph (1)
of this Subsection shall be expelled from school for a minimum period of two complete school
semesters.
C.(2)(c)(ii) Any case involving a student in kindergarten through grade five found guilty of possession of,
or knowledge of and intentional distribution of, or possession with intent to distribute any illegal
narcotic, drug, or other controlled substance on school property, on a school bus, or at a school
sponsored event pursuant to a hearing as provided for by Paragraph (1) of this Subsection shall be
referred to the city, parish, or other local public school board where the student attends school
through a recommendation for action from the superintendent.
C.(3)(a) Any student arrested for possession of, or intentional distribution of, or possession with intent to
distribute any illegal narcotic, drug, or other controlled substance on school property shall be referred
by the school principal or his designee, within five days after such arrest, for testing or screening by a
qualified medical professional for evidence of abuse of alcohol, illegal narcotics, drugs, or other
controlled dangerous substances.
(b) If evidence of abuse is found, the student shall be referred to an alcohol and drug abuse treatment
professional chosen by the student's parent or tutor. If the student is found by the professional to be
Page 40
in need of treatment, and if the student agrees to cooperate in the recommended treatment, as
certified in writing by the medical professional, such documentation may be used to initiate reopening
the student's case. The school board shall take into consideration the student's agreement to receive
treatment as a positive factor in the final decision relative to any final disciplinary action.
ADMINISTRATIVE CODE
1305. Reasons for suspension.
A. School principals may suspend from school any student, including an exceptional student, for good
cause in accordance with state law and local policy.
B. Students determined to be guilty of the following offenses may be suspended for the following reasons:
1. willful disobedience;
2. disrespect to a teacher, principal, superintendent, and/or member or employee of the local school
board;
3. making an unfounded charge against a teacher, principal, superintendent, and/or member or
employee of the local school board;
4. using unchaste or profane language;
5. immoral or vicious practices;
6. conduct or habits injurious to his/her associates;
7. using tobacco and/or using and possessing alcoholic beverages or any controlled dangerous
substances governed by the Uniformed Controlled Dangerous Substance Law in any form in school
buildings or on school grounds;
8. disturbing the school and habitually violating the rules;
9. cutting, defacing, or injuring any part of public school buildings;
10. writing profane or obscene language or drawing obscene pictures in or on any public school
premises, or on any fence, sidewalk, or building on the way to or from school;
11.possessing firearms, knives, or other implements that can be used as weapons;
12.throwing missiles on the school grounds;
13. instigating or participating in fights while under school supervision;
14. violating traffic and safety regulations;
15. leaving the school premises without permission or his/her classroom or detention room without
permission;
16. habitual tardiness or absenteeism; and
17. committing any other serious offense.
1307. Reasons for expulsions.
A. Students may be expelled for any of the following reasons:
1. any student, after being suspended for committing any of the offenses listed in 1103, may be
expelled upon recommendation by the principal of the public school in which the student is enrolled;
2. any student, after being suspended on three occasions for committing drugs or weapons offenses
during the same school session, shall, on committing the fourth offense, be expelled from all the public
schools of the parish or city school system wherein he or she resides until the beginning of the next
regular school year, subject to the review and approval of the local educational governing authority;
Page 41
3. the conviction of any student of a felony or the incarceration of any student in a juvenile institution for
an act which, had it been committed by an adult, would have constituted a felony, may be cause for
expulsion of the student for a period of time as determined by the board; such expulsions shall require
the vote of two thirds of the elected members of the local educational governing authority;
4. any student found guilty of being in possession of a firearm on school property or on a school bus or
at a school sponsored event shall be expelled from school according to the requirements of R.S.
17:416(C)(2);
5. any student in grades six and up found guilty of being in possession of any illegal narcotic, drug, or
other controlled substance on school property, on a school bus, or at a school event shall be expelled
from school according to the requirements of R.S. 17:416(C)(2).
6. any student older than eleven and in grades six and up, carrying or possessing a knife the blade of
which equals or exceeds two inches in length.
B. School officials shall have total discretion and shall exercise such discretion in imposing on a pupil any
disciplinary actions authorized by this Section for possession by a student of a firearm or knife on school
property when such firearm or knife is stored in a motor vehicle and there is no evidence of the student's
intent to use the firearm or knife in a criminal manner.
C. Expulsion is not mandatory for a student carrying or possessing a firearm or knife for purposes of
involvement in a school class or course or school approved cocurricular or extracurricular activity or any
other activity approved by the appropriate school officials or for a student possessing any controlled
dangerous substance governed by the Uniform Controlled Dangerous Substances Law that has been
obtained directly or pursuant to a valid prescription or order from a licensed physician. However, such
student shall carry evidence of that prescription or physician's order on his person at all times when in
possession of any controlled dangerous substance which shall be subject to verification.

STATUTES
(1)(c)(i) When a student's behavior prevents the orderly instruction of other students or poses an
Page 42
disciplined.
accountability.
A. Code of Conduct. --The governing authority of each public elementary and secondary school shall
adopt a student code of conduct for the students in the schools under its jurisdiction. The code of conduct
shall be in compliance with all existing rules, regulations, and policies of the school board and of the State
Board of Elementary and Secondary Education and all state laws relative to student discipline and shall
include any necessary disciplinary action to be taken against any student who violates the code of
conduct.
another student, which includes the definition of bullying as provided in Subsection C of this Section.
This policy must be implemented in a manner that is ongoing throughout the school year and integrated
with a school's curriculum, a school's discipline policies, and other violence prevention efforts.
(2) By not later than January 1, 2013, the governing authority of each public elementary and secondary
school shall:
(a) Conduct a review of the student code of conduct required by this Section and amend the code as
may be necessary to assure that the policy prohibiting the bullying of a student by another student
specifically addresses the behavior constituting bullying, the effect the behavior has on others,
including bystanders, and the disciplinary and criminal consequences, and includes the definition of
bullying as provided in Subsection C of this Section.
(b) Create a program to provide a minimum of four hours of training each year for all school
employees, including bus drivers, with respect to bullying. The training shall specifically include the
following:
(i) How to recognize the behaviors defined as bullying in Subsection C of this Section.
(ii) How to identify students at each grade level in the employee's school who are most likely to
become victims of bullying, while not excluding any student from protection from bullying.
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(iii) How to use appropriate intervention and remediation techniques and procedures.
(iv) The procedures by which incidents of bullying are to be reported to school officials.
(v) Information on suicide prevention, including the relationship between suicide risk factors and
bullying. This content shall be based on information supported by peer-reviewed research
conducted in compliance with accepted scientific methods and recognized as accurate by leading
professional organizations and agencies with relevant experience.
C. Definition of Bullying. --"Bullying" means:
(1) A pattern of any one or more of the following:
(a) Gestures, including but not limited to obscene gestures and making faces.
(b) Written, electronic, or verbal communications, including but not limited to calling names,
threatening harm, taunting, malicious teasing, or spreading untrue rumors. Electronic communication
includes but is not limited to a communication or image transmitted by email, instant message, text
message, blog, or social networking website through the use of a telephone, mobile phone, pager,
computer, or other electronic device.
(c) Physical acts, including but not limited to hitting, kicking, pushing, tripping, choking, damaging
personal property, or unauthorized use of personal property.
(d) Repeatedly and purposefully shunning or excluding from activities.
(2) (a) Where the pattern of behavior as provided in Paragraph (1) of this Subsection is exhibited toward
a student, more than once, by another student or group of students and occurs, or is received by, a
student while on school property, at a school-sponsored or school-related function or activity, in any
school bus or van, at any designated school bus stop, in any other school or private vehicle used to
transport students to and from schools, or any school-sponsored activity or event.
(b) The pattern of behavior as provided in Paragraph (1) of this Subsection must have the effect of
physically harming a student, placing the student in reasonable fear of physical harm, damaging a
student's property, placing the student in reasonable fear of damage to the student's property, or
must be sufficiently severe, persistent, and pervasive enough to either create an intimidating or
threatening educational environment, have the effect of substantially interfering with a student's
performance in school, or have the effect of substantially disrupting the orderly operation of the
school.
D. Prior to January 1, 2013, the State Board of Elementary and Secondary Education, in collaboration
with the state Department of Education, shall develop and adopt rules and regulations to implement the
provisions of this Section relative to the procedures and processes to be used to report and investigate
bullying and which shall include but not be limited to:
(1) Notice to Students and Parents. --The governing authority of each public elementary and secondary
school shall inform each student, orally and in writing at the orientation required under R.S. 17:416.20,
of the prohibition against bullying of a student by another student, the nature and consequences of
such actions, including the potential criminal consequences and loss of driver's license as provided in
R.S. 17:416.1, and the proper process and procedure for reporting any incidents involving such
prohibited actions. A copy of the written notice shall also be delivered to each student's parent or legal
guardian.
(2) (a) Reporting. --The governing authority of each public elementary and secondary school shall
develop a procedure for the reporting of incidents of bullying. This shall include a form for the
purposes of bullying reports. The form shall include an affirmation of truth of statement. Any bullying
report submitted regardless of recipient shall use this form, but additional information may be
provided. The form shall be available on the Department of Education's website.
Page 44
(b) Students and parents. --Any student who believes that he has been, or is currently, the victim of
bullying, or any student, or any parent or guardian, who witnesses bullying or has good reason to
believe bullying is taking place, may report the situation to a school official. A student, or parent or
guardian, may also report concerns regarding bullying to a teacher, counselor, other school
employee, or to any parent chaperoning or supervising a school function or activity. Any report of
bullying shall remain confidential.
(c) School personnel. --Any teacher, counselor, bus driver, or other school employee, whether full or
part time, and any parent chaperoning or supervising a school function or activity, who witnesses
bullying or who learns of bullying from a student pursuant to Subparagraph (b) of this Paragraph,
shall report the incident to a school official. A verbal report shall be submitted by the school employee
or the parent on the same day as the employee or parent witnessed or otherwise learned of the
bullying incident and a written report shall be filed no later than two days thereafter.
(d) Retaliation. --Retaliation against any person who reports bullying in good faith, who is thought to
have reported bullying, who files a complaint, or who otherwise participates in an investigation or
inquiry concerning allegations of bullying is prohibited conduct and subject to discipline. School and
district resources shall not be used to prohibit or dissuade any person who meets the specifications of
this Item.
(e) False Reports. --Intentionally making false reports about bullying to school officials is prohibited
conduct and will result in the appropriate disciplinary measures as determined by the governing
authority of the school in accordance with the rules and regulations of the State Board of Elementary
and Secondary Education.
(3) Investigation Procedure. --By not later than January 1, 2013, the State Board of Elementary and
Secondary Education shall develop and adopt a procedure for the investigation of reports of bullying of
a student by another student. The procedure shall include the following:
(a) Scope of investigation. --An investigation shall include an interview of the reporter, the victim, the
alleged bully, and any witnesses, and shall include obtaining copies or photographs of any audiovisual evidence.
(b) Timing. --The school shall begin an investigation of any complaint that is properly reported and
that alleges conduct prohibited in this Section the next business day during which school is in session
after the report is received by the school official. The investigation shall be completed not later than
ten school days after the date the written report of the incident is submitted to the appropriate school
official. If additional information is received after the end of the ten-day period, the school principal or
his designee shall amend all documents and reports required by this Section to reflect such
information.
(c) Appeal.
(i) If the school official does not take timely and effective action pursuant to this Section, the student,
parent, or school employee may report the bullying incident to the city, parish, or other local school
board or local school governing authority. The school board or school governing authority shall
begin an investigation of any complaint that is properly reported and that alleges conduct prohibited
in this Section the next business day during which school is in session after the report is received
by a school board or governing authority official.
(ii) If the school board does not take timely and effective action, the student, parent, or other school
employee may report the bullying incident to the state Department of Education. The department
shall track the number of reports, shall notify in writing the superintendent and the president of the
school's governing authority, and shall publish the number of reports by school district or governing
authority on its website. The department shall provide both the number of actual reports received
and the number of reports received by affected student.
Page 45
(iii) For the purposes of this Section, a report means a written document that meets the
requirements of Subparagraph (2)(a) of this Subsection.
(d) Parental Notification.
(i) Upon receiving a report of bullying, the school official shall notify the student's parent or legal
guardian according to the definition of notice created by the state Department of Education.
(ii) Under no circumstances shall the delivery of the notice to the parent or legal guardian, which is
required by this Subsection, be the responsibility of an involved student. Delivery of the notice by an
involved student shall not constitute notice as is required pursuant to this Subsection.
(iii) Before any student under the age of eighteen is interviewed, his parent or legal guardian shall
be notified by the school official of the allegations made and shall have the opportunity to attend
any interviews with their child conducted as part of the investigation.
(iv) The State Board of Elementary and Secondary Education, in collaboration with the state
Department of Education, shall develop a procedure for meetings with the parent or legal guardian
of the victim and the parent or legal guardian of the alleged perpetrator. This procedure shall
include:
(aa) Separate meetings with the parents or legal guardians of the victim and the parents or legal
guardians of the alleged perpetrator.
(bb) Notification of parents or legal guardians of the victim and of the alleged perpetrator of the
available potential consequences, penalties, and counseling options.
(cc) In any case where a teacher, principal, or other school employee is authorized in this Section
to require the parent or legal guardian of a student who is under the age of eighteen and not
judicially emancipated or emancipated by marriage to attend a conference or meeting regarding
the student's behavior and, after notice, the parent, tutor, or legal guardian willfully refuses to
attend, that the principal or his designee shall file a complaint with a court exercising juvenile
jurisdiction, pursuant to Children's Code Article 730(8) and 731. The principal may file a complaint
pursuant to Children's Code Article 730(1) or any other applicable ground when, in his judgment,
doing so is in the best interests of the student.
(e) Disciplinary Action. --If the school has received a report of bullying, has determined that an act of
bullying has occurred, and after meeting with the parent or legal guardian of the students involved,
the school official shall:
(i) Take prompt and appropriate disciplinary action, pursuant to R.S. 17:416 and 416.1, against the
student that the school official determines has engaged in conduct which constitutes bullying, if
appropriate.
(ii) Report criminal conduct to law enforcement, if appropriate.
(f) Parental Relief.
(i) If a parent, legal guardian, teacher, or other school official has made four or more reports of
separate instances of bullying, as provided in Paragraph (2) of this Subsection, and no investigation
pursuant to Paragraph (3) of this Subsection has occurred, the parent or legal guardian with
responsibility for decisions regarding the education of the victim about whom the report or reports
have been made may exercise an option to have the student enroll in or attend another school
operated by the governing authority of the public elementary or secondary school in which the
student was enrolled on the dates when at least three of the reports were submitted.
(ii) The parent shall file a request with the superintendent for the transfer of the student to another
school under the governing authority's jurisdiction.
Page 46
(iii) The governing authority of the public elementary or secondary school in which the student is
enrolled shall make a seat available at another public elementary or secondary school under its
jurisdiction within ten school days of the parent or legal guardian's request for a transfer. If the
governing authority has no other school under its jurisdiction serving the grade level of the victim,
within fifteen school days of receiving the request, the superintendent or director of the governing
authority shall:
(aa) Inform the student and his parent or legal guardian and facilitate the student's enrollment in a
statewide virtual school.
(bb) Offer the student a placement in a full-time virtual program or virtual school under the
jurisdiction of the school's governing authority.
(cc) Enter into a memorandum of understanding with the superintendent or director of another
governing authority to secure a placement and provide for the transfer of the student to a school
serving the grade level of the victim under the jurisdiction of the governing authority, pursuant to
R.S. 17:105 and 105.1.
(iv) If no seat or other placement pursuant to Item (iii) of this Subparagraph is made available within
thirty calendar days of the receipt by the superintendent of the request, the parent or legal guardian
may request a hearing with the school's governing authority, which shall be public or private at the
option of the parent or legal guardian. The school's governing authority shall grant the hearing at
the next scheduled meeting or within sixty calendar days, whichever is sooner.
(v) At the end of any school year, the parent or legal guardian may make a request to the governing
authority of the school at which the student was enrolled when at least three of the reports were
filed to transfer the student back to the school. The governing authority shall make a seat available
at the school at which the student was originally enrolled. No other schools shall qualify for transfer
under this Subparagraph.
(g) Documentation.
(i) The state Department of Education shall develop a behavior incidence checklist that the
governing authority of each public elementary and secondary school shall use to document the
details of each reported incident of bullying.
(ii) The governing authority of each public elementary and secondary school shall report all such
documented incidences of bullying to the state Department of Education as prescribed in rules
adopted by the State Board of Elementary and Secondary Education in accordance with the
Administrative Procedure Act and documented incidents in reports received by the local
superintendent of schools pursuant to R.S. 17:415.
(iii) After the investigation and meeting with the parents, pursuant to this Section, a school, local
school board or other local school governing authority shall:
(aa) Compose a written document containing the findings of the investigation, including input from
the students' parents or legal guardian, and the decision by the school or school system official.
The document shall be placed in the school records of both students.
(bb) Promptly notify the complainant of the findings of the investigation and that remedial action
has been taken, if such release of information does not violate the law.
(cc) Keep complaints and investigative reports confidential, except as provided in this Section and
where disclosure is required to be made pursuant to 20 U.S.C. 1232g or by other applicable
federal laws, rules, or regulations or by state law.
(dd) Maintain complaints and investigative reports for three years in the event that disclosure is
warranted by law enforcement officials.
Page 47
(ee) As applicable, provide a copy of any reports and investigative documents to the governing
authority of the school in order that the governing authority can comply with the provisions of R.S.
17:416.1.
(ff) As applicable, provide a copy of any reports and investigative documents to the state
Department of Education. Upon receipt, the department shall remove any reports related to the
investigative documents from notation on the department's website, but shall maintain a record of
those reports for three years.
E. Parental Responsibilities. --Nothing herein shall be deemed to interfere with the authority and the
responsibility that a parent or legal guardian has for the student at all times, but particularly when the
student is not on the school premises, is not engaged in a school-sponsored function or schoolsponsored activity, and is not being transported by school-sponsored means of transportation.
F. This Section shall not be interpreted to conflict with or supercede the provisions requiring mandatory
reporting pursuant to Louisiana Children's Code Article 609 and as enforced through R.S. 14:403.
G. Preclusion.
(1) This Section shall not be interpreted to prevent a victim of bullying, or his parent or legal guardian,
from seeking redress under any other available law, either civil or criminal.
(2) Nothing in this Section is intended to infringe upon the right of a school employee or student to
exercise their right of free speech.
H. Construction; equal protection. --All students subject to the provisions of this Section shall be protected
equally and without regard to the subject matter or the motivating animus of the bullying.
17:1801. Hazing prohibited; penalties.
Hazing in any form, or the use of any method of initiation into fraternal organizations in any educational
institution supported wholly or in part by public funds, which is likely to cause bodily danger or physical
punishment to any student or other person attending any such institution is prohibited.
Whoever violates the provisions of this Section shall be fined not less than ten dollars nor more than one
hundred dollars, or imprisoned for not less than ten days nor more than thirty days, or both, and in
addition, shall be expelled from the educational institution and not permitted to return during the current
session or term in which the violation occurs.
ADMINISTRATIVE CODE
1303. Bullying.
A. Policy. Each LEA shall develop and adopt a policy that prohibits the bullying of a student by another
student.
1. The bullying policy must be implemented in a manner that is ongoing throughout the year and
integrated with a schools curriculum, a schools discipline policies, and other violence prevention
efforts.
2. The policy shall contain the definition of bullying found in this Section and shall address the following:
a. behavior constituting bullying;
b. the effect the behavior has on others, including bystanders; and
c. the disciplinary and criminal consequences of bullying another student
Page 48

STATUTES
17.416.12. Students; appropriate conduct; compliance.
A. Beginning with the 1999-2000 school year and thereafter, each city and parish school board shall
require each student in each public school in kindergarten through fifth grade under the jurisdiction of the
board to exhibit appropriate conduct as required in Subsection B of this Section.
B. When any public school student is speaking with any public school system employee while on school
property or at a school sponsored event, such student shall address and respond to such public school
system employee by using the respectful terms "Yes, Ma'am" and "No, Ma'am" or "Yes, Sir" and "No, Sir",
as appropriate, or "Yes, Miss, Mrs., or Ms. (Surname)" and "No, Miss, Mrs., or Ms. (Surname)" or "Yes,
Mr. (Surname)" and "No, Mr. (Surname)", as appropriate, each such title to be followed by the appropriate
surname.
C. Each city and parish school board shall provide for incorporation of the requirements of this Section
into any existing discipline policy or policies or any code of conduct of the school system or of each
school within its jurisdiction.
D. Each city and parish school board shall take or provide for such appropriate actions necessary to
discipline any student who fails to comply with the requirements of Subsection B of this Section. Provided
however, no school board may provide suspension nor expulsion from school as an appropriate
punishment for violation of the mandates of this Section.
17:416.15. Zero tolerance policies; authorization; conflict resolution classes; fees; compliance.
Any city, parish, or other local public school board may adopt and implement a zero tolerance policy for
fighting in the schools under its jurisdiction. Such policy may include a requirement that a student who is
disciplined pursuant to the policy and such student's parent or parents shall attend a conflict resolution
class or classes and may include provisions for the school board to take appropriate action, as
determined by the board, against any student or parent who fails to comply with the class attendance
requirement. Such classes may be provided by the school board or other appropriate provider as
determined by the board. Any city, parish, or other local public school board may charge a fee for such
attendance in an amount as may be determined by the board. However, such fee amount shall not
exceed one hundred dollars.
Page 49

Prevention
STATUTES
accountability.
another student, which includes the definition of bullying as provided in Subsection C of this Section. This
policy must be implemented in a manner that is ongoing throughout the school year and integrated with a
school's curriculum, a school's discipline policies, and other violence prevention efforts.
17:416.17. Youth development and assistance programs; legislative findings and purpose;
school authority for programs for elementary students.
A.(1) The legislature finds that early identification and intervention of aggressive, antisocial, or delinquent
behaviors are critical components in recognizing and preventing chronic juvenile delinquency in later
years.
(2) The legislature further finds that school-based preventive interventions for violent or aggressive
behavior in youth are recognized as beneficial to the overall developmental success of students.
(3) The legislature recognizes that the introduction of violence prevention strategies in the early
elementary grades may reduce the incidence of delinquent behaviors in the later grades, especially
when such programs include parental involvement in the prevention and intervention strategies.
(4) The purpose of this Section is to authorize elementary schools to develop prevention and
intervention strategies to address disruptions and violence in schools to create safe school
environments in which teachers can teach and students can learn and which increase student and
family connectedness to the school.
B. A school may, upon approval of its governing authority, develop and offer youth development and
assistance programs that employ violence prevention and intervention initiatives for students in
kindergarten and the elementary grades. Such programs shall provide for early identification of and
support for students who are at risk before their behavior escalates into aggression or disruption,
disciplinary problems, or juvenile delinquency.
C.(1) A youth development and assistance program may consist of age- or grade-appropriate alternative
classrooms during school or special intervention or prevention programs before, after, or during the
school day.
(2) Such programs may include but shall not be limited to the following components:
(a) Provision of services for students including behavioral training and intervention techniques that
promote cooperation and enhance interpersonal and conflict resolution skills, peer mediation, anger
management, bullying prevention, life skills training, mentoring, counseling, and tutoring programs
that improve academic achievement.
(b)(i) Provision of services which support the parents of students identified with behavioral needs that
may need intervention or support. Such parent services may include literacy services or parental
training.
Page 50
(ii) Required participation of any parent of a student so identified in such intervention at the school
or other designated facility.
(c) Collaboration with community-based organizations, including but not limited to youth services,
civic, social services, mental health, volunteer services, and juvenile justice agencies.
D. The provisions of this Section shall be implemented upon the approval of each city, parish, or other
local public school board of any program submitted by a school and the availability of funds to a school
for such purpose.
Education.

STATUTES
(d)(i) In addition to any other limitations established by this Subsection on the admission of previously
expelled pupils to public elementary and secondary schools in Louisiana, no pupil who has been
expelled from any public or nonpublic school within or outside the state of Louisiana for possessing on
school property or on a school bus a firearm, knife, or other dangerous weapon or instrumentality
customarily used or intended for probable use as a dangerous weapon, or for possessing, possessing
with intent to distribute, or distributing, selling, giving, or loaning while on school property or on a school
bus any controlled dangerous substance governed by the Uniform Controlled Dangerous Substances
Law shall be admitted to any public elementary or secondary school in the state, or readmitted to any
such school on a probationary basis prior to the completion of the minimum period of expulsion as
provided in Subsection C of this Section, until the pupil produces written documentation that he and his
parent or legal guardian have enrolled and participated in an appropriate rehabilitation or counseling
program related to the reason or reasons for the pupil's expulsion.
(ii) The rehabilitation or counseling required by the provisions of this Subparagraph shall be provided by
existing or new programs approved by the juvenile or family court having jurisdiction, if applicable, or by
the school system and shall be at no additional cost to the school system. Such rehabilitation or
counseling programs may include the following components relative to successful programs,
approaches, and activities for parental involvement which better equip parents to provide support for
the education of their children:
(aa) Enhancing parenting skills and expanding curriculum offerings relative to character development,
the development of a healthy self-esteem and sense of personal and social responsibility, violence
prevention, and conflict resolution.
(bb) Raising the educational level of the parents of public school students through instruction in basic
skills.
(cc) Improving developmental skills of students to prepare them for academic success.
(dd) Providing a role model for the child through parental interest in education.
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(ee) Enabling parents to become familiar with and comfortable in the school setting.
(ff) Enhancing the relationship of the parent and child through planned, structured parent-school
interaction.
(gg) Demonstrating to parents their power to affect their child's ability to learn.
(iii) The requirements of this Subparagraph for a student's enrollment and participation in a rehabilitation
or counseling program shall be waived by the school system upon a documented showing by the
student that no appropriate program is available in the area or that the student cannot enroll or
participate due to financial hardship.
A.(1)(c)(v) Upon the third removal from the same classroom pursuant to this Subparagraph, the teacher
and the principal shall discuss the disruptive behavior patterns of the pupil and the potentially
appropriate disciplinary measure before the principal implements a disciplinary measure. If
appropriate, a referral of the matter may be made to an appropriate building level committee. In
addition, a conference between the teacher or other appropriate school employee and the pupil's
parent, tutor, or legal guardian shall be required prior to the pupil being readmitted.
(vi)(aa) If disruptive behavior persists, the teacher may request that the principal transfer the pupil
into another setting.
A.(1)(c)(vi)(bb) Each city, parish, or other local public school board may adopt a policy that requires the
parent or legal guardian of a pupil removed from the classroom pursuant to this Subparagraph to
attend after school or Saturday intervention sessions with the pupil. The school board may refer
a parent who fails to attend such session to the court of competent jurisdiction in accordance with
Chapter 2 of Title VII of the Louisiana Children's Code. Each time a parent is referred to the court
of competent jurisdiction, the court may impose a fine of not less than twenty-five dollars and not
more than two hundred fifty dollars, forty hours of court-approved school or community service
activities, or a combination of forty hours of court-approved school or community service and
attendance at a court-approved family counseling program by both a parent or legal guardian and
the pupil, and may suspend any recreational license issued by the Department of Wildlife and
Fisheries.
A.(3) (f) When a pupil is suspended for a second time within one school year, the principal may require
that a counseling session be held with the parent and pupil by the school counselor if a counselor is
assigned or available to that school. In the event there is no school counselor available, the principal may
require a conference between the parent, pupil, and all the pupil's teachers and the principal or other
administrator.
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D. (1) The State Board of Elementary and Secondary Education shall adopt the necessary rules and
regulations to provide for the implementation of the provisions of this Section.
(3) Rules and regulations pursuant to Paragraph (2) of this Subsection shall include all of the following:
(b) In an effort to support the on-time graduation of students who are suspended, expelled, or at high
risk for dropping out or entry into the juvenile justice system, academic, behavioral, and mental health
interventions must be provided. Interventions offered shall include but not be limited to the following:
(i) Academic interventions and supports:
(aa) Targeted academic interventions focused on assessed needs in math and reading using an
evidence-based and research-supported curriculum.
(bb) Use of validated monthly assessments to monitor individual student academic progress.
(cc) Implementation of research-supported instructional strategies such as differentiated
instruction, experiential education, project-based learning, and computer-assisted instruction to
support assessed needs and content mastery.
(dd) Opportunities to participate in credit recovery to support progression towards on-time
graduation.
(ee) On-site access to at least one career or vocational certification option.
(ii) Behavioral interventions and supports:
(aa) Positive behavioral supports with a high ratio of positive reinforcement over punishment.
(bb) Behavioral shaping steps aligned to assessed behavioral needs and goals.
(cc) Mentoring and frequent behavioral feedback focused on individualized shaping steps for
students enrolled.
(dd) Successive approximations and reinforcements to develop more complex social behaviors.
(iii) Mental health interventions and supports:
(aa) Evidence-based cognitive behavioral interventions to address, anger, impulsivity, and
aggression.
(bb) Interventions to address past childhood traumas, including forms of abuse and neglect, being
a victim of or a witness to violence, and involvement in natural disasters.
(cc) Interventions to address substance use and to prevent substance abuse.
(dd) Interventions to build life skills and social skills in order to increase employability and success
in the community.
17:416.16. School crisis management and response plans.
A.(1) For the purposes of this Section, a "crisis management and response plan" means a plan to address
school safety and the incidence of violence at schools, on school buses, and at school-related activities;
to respond effectively to such incidents; and to ensure that every student, teacher, and school
employee has access to a safe, secure, and orderly school that is conducive to learning. Such plans
shall also address the management of any other emergency situation.
(2) A school crisis management and response plan shall be prepared by each public school principal in
accordance with guidelines adopted pursuant to school board policy. In preparing the plan, the
principal shall consider and include, where appropriate, input from students enrolled in the school and
their parents, teachers at the school, other school employees, community leaders, local law
enforcement, and fire, public safety, and emergency preparedness officials.
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(3) The plan shall detail the roles and responsibilities of each school employee and the relevant
coordination agreements, services, and security measures of a school in the event of a violent incident
or emergency situation.
(4) The plan may include provision for encouraging peer helper programs and identifying students who
may have experienced rejection or other traumatic life events.
B.(1) Each public school shall submit such plan in writing to its school board for approval.
(2) Not later than January 1, 2002, each city, parish, and other local public school board shall have
approved a crisis management and response plan for each public school under its jurisdiction.
C. Each school crisis management and response plan shall be reviewed by the public school annually
and revised as necessary. Any revised school plan shall be resubmitted to the school board for review
and approval of the revisions.
years.
school day.
training.
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D. The provisions of this Section shall be implemented upon the approval of each city, parish, or other
for such purpose.
driving privileges.
A.(1) Every parent, tutor, or other person residing within the state of Louisiana having control or charge of
any child from that child's seventh birthday until his eighteenth birthday shall send such child to a public
or private day school, unless the child graduates from high school prior to his eighteenth birthday. Any
child below the age of seven who legally enrolls in school shall also be subject to the provisions of this
Subpart. Every parent, tutor, or other person responsible for sending a child to a public or private day
school under provisions of this Subpart shall also assure the attendance of such child in regularly
assigned classes during regular school hours established by the school board and shall assure that
such child is not habitually tardy from school pursuant to the provisions of R.S. 17:233.
(2) Whoever violates the provisions of this Subsection or R.S. 17:234 shall be fined not more than two
hundred and fifty dollars or imprisoned not more than thirty days, or both. The court shall impose a
minimum condition of probation which may include that the parent, tutor, or other person having control
or charge of the child participate in forty hours of school or community service activities, or a
combination of forty hours of school or community service and attendance in parenting classes or family
counseling sessions or programs approved by the court having jurisdiction, as applicable, or the
suspension of any state-issued recreational license.
STATUTES
17.252. School master plans for supporting student behavior and discipline.
D.(1) The school master plans required of city, parish, and other local public school boards by [Section
252] shall make provision for pre-service and ongoing grade appropriate classroom management
training for teachers, principals, and other appropriate school personnel regarding positive behavioral
supports and reinforcement, conflict resolution, mediation, cultural competence, restorative practices,
guidance and discipline, and adolescent development.
(2) City, parish, and other local public school boards shall provide ongoing classroom management
courses and regularly review discipline data from each school to determine what additional classroom
management training is needed, if any, and what additional classroom support activities should be
provided by the principal and school administration.
accountability.
B. (2) By not later than January 1, 2013, the governing authority of each public elementary and secondary
school shall: (b) Create a program to provide a minimum of four hours of training each year for all
school employees, including bus drivers, with respect to bullying. The training shall specifically include
the following:
(i) How to recognize the behaviors defined as bullying in Subsection C of this Section.
(ii) How to identify students at each grade level in the employee's school who are most likely to
become victims of bullying, while not excluding any student from protection from bullying.
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(iii) How to use appropriate intervention and remediation techniques and procedures.
(iv) The procedures by which incidents of bullying are to be reported to school officials.
(v) Information on suicide prevention, including the relationship between suicide risk factors and
bullying. This content shall be based on information supported by peer-reviewed research conducted
in compliance with accepted scientific methods and recognized as accurate by leading professional
organizations and agencies with relevant experience.
ADMINISTRATIVE CODE
1303. Bullying.
B. Training for School Personnel. Each LEA shall create a program to provide a minimum of four hours of
training each year for all school employees, including bus drivers, with respect to bullying. The training
shall specifically include the following:
1. how to recognize the behaviors defined as bullying;
2. how to identify students at each grade level who are most likely to become victims of bullying, while
not excluding any student from protection from bullying;
3. how to use appropriate intervention and remediation techniques and procedures;
4. the procedures by which incidents of bullying are to be reported to school officials; and
5. information on suicide prevention, including the relationship between suicide risk factors and bullying.
1304. Classroom Management Training for School Staff.
A. The school master plans required of city, parish, and other local public school boards shall make
provision for pre-service and ongoing grade appropriate classroom management training for teachers,
principals, and other appropriate school personnel regarding positive behavioral supports and
reinforcement, conflict resolution, mediation, cultural competence, restorative practices, guidance and
discipline, and adolescent development.
B. City, parish, and other local public school boards shall provide ongoing classroom management
courses and regularly review discipline data from each school to determine what additional classroom
management training is needed, if any, and what additional classroom support activities should be
provided by the principal and school administration.
Page 56

STATUTES
(5)(a) Approve courses of study and prepare and adopt rules and regulations for the discipline of students
and the governance of the public elementary and secondary schools and other public schools and
programs under its jurisdiction, which shall not be inconsistent with law and which shall be enforced by
the city, parish, and other local public school boards and the local school superintendents; however, the
board shall have no control over the business affairs of a city, parish, or other local public school board
or the selection or removal of its officers and employees.
(32) Report in writing to the House Committee on Education and the Senate Committee on Education by
not later than September 15, 2010, relative to the standards and criteria used by the board to approve
alternative schools and alternative education programs for students in public elementary and secondary
schools who are suspended for more than ten days or who are expelled from school for violations of
school discipline law or policy and who remain under the supervision of the city, parish, or other local
public school taking the action. The report shall specify in detail all minimum standards and criteria that
must be met in order for the board to approve the alternative school or program and note standards and
criteria that are subject to waiver by the board in making approval determinations.
A.(4) The governing authority of each public elementary and secondary school shall adopt such rules
and regulations as it deems necessary to implement the provisions of this Subsection and of R.S.
17:416.13. Such rules and regulations shall include but not be limited to the following provisions:
(a) A procedure permitting any teacher or other school employee to report any violation of the
provisions of this Subsection to the appropriate school principal. The procedure shall provide for the
uniform use throughout the school system of two forms to report incidents of alleged discipline
violations. One form shall be used to report only school transportation-related incidents and one form
shall be used to report all other incidents.
(i) The form for reporting a transportation-related incident shall provide for the following information:
(aa) Bus number and name of driver.
(bb) Pupil name and grade level.
(cc) School name and name of the principal.
(dd) Date of the incident and whether it occurred on the way to or on the way from the school or
school function.
(ee) A menu of check-off items to indicate the nature of the incident, including fighting or bullying at
the bus stop, fighting or bullying on the bus, smoking on the bus, leaving the bus without
permission, boarding the bus at the incorrect stop, showing disrespect toward the driver, committing
Page 57
an immoral or vicious act, throwing objects within the bus or out of bus windows or doors, refusing
to occupy an assigned seat, using profane language, showing willful disobedience, defacing the
bus, carrying objects or implements which can be used as weapons, or committing some other
undesignated violation.
(ff) Space to provide specific remarks and comments concerning the incident and alleged discipline
violation.
(gg) Space to indicate a pupil's prior history of discipline violations related to school transportation
incidents.
(hh) A statement to be signed and dated by the bus driver or other school employee, if applicable,
that the named pupil is causing a discipline problem, that disciplinary action against the pupil is
recommended, and that the signatory desires to be informed of action taken on the incident report
or the reasons for not taking action.
(ii) A space to report action taken on the incident report, including a menu of check off items to
indicate that a parent or other person responsible for the pupil's school attendance has been
contacted, that a conference has been conducted with the pupil's parent or other responsible
person, that the pupil has been reprimanded, that the pupil has been suspended from receiving
school transportation services and for what period of time, that the pupil has been suspended from
school and for what period of time, or that some other action has been taken and an explanation of
such action. The report on action taken shall be dated and signed by the school principal.
(jj) Space for comments and remarks by the pupil or a pupil's parent or other responsible person
concerning the incident and action taken.
(kk) A menu of check off items to indicate that copies of the completed document have been
supplied to the pupil's parent or other responsible person, the school's pupil file, the school
employee filing the incident report, the supervisor of transportation services for the school system,
and the principal.
(ll) Such other information as may be determined by the city or parish school board.
(ii) The form for reporting a nontransportation-related incident shall provide for the following
information:
(aa) School name.
(bb) Name and telephone number of the pupil.
(cc) Indication of whether the pupil is in regular or special education and the pupil's homeroom
number.
(dd) Time and location of the incident.
(ee) Space to provide specific remarks and comments concerning the incident and alleged
discipline violation.
(ff) A menu of check off items indicating action taken by the teacher, including having a conference
with the pupil, assigning remedial work, referring the pupil to a counselor, referring the pupil to a
social worker, placing the pupil in detention, or taking other action with an explanation of such other
action.
(gg) A menu of check off items indicating the type and date of contact with the pupil's parent or
other person responsible for the pupil's school attendance, including by phone, by letter, by school
conference, or by behavior reports.
(hh) A space for recommendations from the teacher or other school employee initiating the incident
report.
Page 58
(ii) A statement to be signed and dated by the teacher or other school employee initiating the
incident report that the named pupil is causing a discipline problem, that disciplinary action against
the pupil is recommended, and that the signatory desires to be informed of action taken on the
incident report or the reasons for not taking action.
(jj) A space to report action taken on the incident report, including a menu of check off items to
indicate contact with the pupil's parent or other responsible person, conduct of a conference with
the pupil and the pupil's parent or other responsible person and a summary of conference
proceedings, referral to a counselor, issuance of a reprimand, placement on detention, placement
on probation, suspension, or that some other action has been taken and an explanation of such
action. The report on action taken shall be dated and signed by the school principal.
(kk) Space for comments and remarks by the pupil or a pupil's parent or other responsible person
concerning the incident and action taken.
(ll) A menu of check off items to indicate that copies of the completed document have been
supplied to the pupil's parent or other responsible person, the school's pupil file, the teacher or
other school employee filing the incident report, and the principal.
(mm) Such other information as may be determined by the city or parish school board.
(iii) The State Board of Elementary and Secondary Education shall develop the forms necessary to
implement the provisions of this Subparagraph and such forms shall be used by each city and parish
school board.
accountability.
(2) (a) Reporting. --The governing authority of each public elementary and secondary school shall
develop a procedure for the reporting of incidents of bullying. This shall include a form for the purposes
of bullying reports. The form shall include an affirmation of truth of statement. Any bullying report
submitted regardless of recipient shall use this form, but additional information may be provided. The
form shall be available on the Department of Education's website.
(b) Students and parents. --Any student who believes that he has been, or is currently, the victim of
bullying, or any student, or any parent or guardian, who witnesses bullying or has good reason to
believe bullying is taking place, may report the situation to a school official. A student, or parent or
guardian, may also report concerns regarding bullying to a teacher, counselor, other school employee,
or to any parent chaperoning or supervising a school function or activity. Any report of bullying shall
remain confidential.
(c) School personnel. --Any teacher, counselor, bus driver, or other school employee, whether full or
part time, and any parent chaperoning or supervising a school function or activity, who witnesses
bullying or who learns of bullying from a student pursuant to Subparagraph (b) of this Paragraph, shall
report the incident to a school official. A verbal report shall be submitted by the school employee or the
parent on the same day as the employee or parent witnessed or otherwise learned of the bullying
incident and a written report shall be filed no later than two days thereafter.
(d) Retaliation. --Retaliation against any person who reports bullying in good faith, who is thought to
have reported bullying, who files a complaint, or who otherwise participates in an investigation or inquiry
concerning allegations of bullying is prohibited conduct and subject to discipline. School and district
resources shall not be used to prohibit or dissuade any person who meets the specifications of this
Item.
(e) False Reports. --Intentionally making false reports about bullying to school officials is prohibited
conduct and will result in the appropriate disciplinary measures as determined by the governing
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authority of the school in accordance with the rules and regulations of the State Board of Elementary
and Secondary Education.
(3) Investigation Procedure. --By not later than January 1, 2013, the State Board of Elementary and
Secondary Education shall develop and adopt a procedure for the investigation of reports of bullying of a
student by another student. The procedure shall include the following:
(a) Scope of investigation. --An investigation shall include an interview of the reporter, the victim, the
alleged bully, and any witnesses, and shall include obtaining copies or photographs of any audio-visual
evidence.
(b) Timing. --The school shall begin an investigation of any complaint that is properly reported and that
alleges conduct prohibited in this Section the next business day during which school is in session after
the report is received by the school official. The investigation shall be completed not later than ten
school days after the date the written report of the incident is submitted to the appropriate school
official. If additional information is received after the end of the ten-day period, the school principal or
his designee shall amend all documents and reports required by this Section to reflect such information.
(c) Appeal.
(i) If the school official does not take timely and effective action pursuant to this Section, the student,
parent, or school employee may report the bullying incident to the city, parish, or other local school
board or local school governing authority. The school board or school governing authority shall begin
an investigation of any complaint that is properly reported and that alleges conduct prohibited in this
Section the next business day during which school is in session after the report is received by a
school board or governing authority official.
(ii) If the school board does not take timely and effective action, the student, parent, or other school
employee may report the bullying incident to the state Department of Education. The department shall
track the number of reports, shall notify in writing the superintendent and the president of the school's
governing authority, and shall publish the number of reports by school district or governing authority
on its website. The department shall provide both the number of actual reports received and the
number of reports received by affected student.
(iii) For the purposes of this Section, a report means a written document that meets the requirements
of Subparagraph (2)(a) of this Subsection.
I (2) The director or supervisor of special education shall be notified any time a student is placed in
immediately following the day on which the student was placed in seclusion or physically restrained and a
copy shall be provided to the student's parent or legal guardian.
K. If a student is involved in five incidents in a single school year involving the use of physical restraint or
seclusion, the student's Individualized Education Plan team shall review and revise the student's behavior
intervention plan to include any appropriate and necessary behavioral supports.
restrained and whose challenging behavior continues or escalates shall be reviewed at least once every
three weeks.
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(c) An explanation of the methods of physical restraint and the school employee training requirements
relative to the use of restraint.
N.(1) The governing authority of each public elementary and secondary school shall report all instances
where seclusion or physical restraint is used to address student behavior to the Department of
Education.
school; student age, race, ethnicity, and gender; student disability, where applicable; and any
involved school employees.
B. [ ] Principals shall notify the visiting teacher, or supervisor of child welfare and/or attendance, of all
suspensions. In all cases of suspensions, the parent, the superintendent of schools, and the visiting
teacher, or supervisor of child welfare and/or attendance, shall be notified in writing of the facts
concerning each suspension, including reasons therefor and terms thereof.
ADMINISTRATIVE CODE
1301. Disciplinary Regulations.
D. Any principal who fails to act on a report of student violations of disciplinary regulations shall explain
his/her reasons for such an action to the superintendent of the LEA by which he or she is employed, or to
the superintendent's designee.
1303. Bullying.
E. Reporting Incidents of Bullying. The LEA shall develop a procedure for the reporting of incidents of
bullying using the bullying report form approved by BESE and available on the DOE website. The
procedure shall include the following.
1. Students and Parents
a. Any student who believes that he or she is or has been the victim of bullying, or any student or
parent or legal guardian, who witnesses bullying or has good reason to believe bullying is taking
place, may report the bullying to a school official.
b. A student, or parent or guardian, may also report concerns regarding bullying to a teacher,
counselor, other school employee, or to any parent chaperoning or supervising a school function or
activity.
c. Any report of bullying shall remain confidential.
2. School Personnel and Chaperones. Any teacher, counselor, bus driver, or other school employee,
whether full or part time, and any parent chaperoning or supervising a school function or activity, who
witnesses or who learns of bullying of a student, shall report the incident to a school official. A verbal
report shall be submitted by the school employee or parent on the same day as the school employee or
parent witnessed or otherwise learned of the bullying incident, and a written report must be filed no later
than two days thereafter.
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3. Retaliation. Retaliation against any person who reports bullying in good faith, who is thought to have
reported bullying, who files a complaint, or who otherwise participates in an investigation or inquiry
concerning allegations of bullying is prohibited conduct and subject to disciplinary action.
4. False Reports. Making false reports about bullying to school officials is prohibited conduct and will
result in disciplinary action.
6. LEA Reporting
a. The LEA shall electronically report all such documented incidences of bullying to the DOE using the
DOE behavior report and incidence checklist to document the details of each reported incident of
bullying.
STATUTES
driving privileges.
D. Each school shall develop and implement a system whereby the school shall attempt to provide verbal
notification and, if such verbal notification cannot be provided, then shall provide written notification to a
child's parent, tutor, or legal guardian when that child has been absent from school for five school days in
schools operating on a semester basis, and for ten days in schools not operating on a semester basis.
B. Principals shall notify the visiting teacher, or supervisor of child welfare and/or attendance, of all
suspensions. In all cases of suspensions, the parent, the superintendent of schools, and the visiting
teacher, or supervisor of child welfare and/or attendance, shall be notified in writing of the facts
concerning each suspension, including reasons therefor and terms thereof.
A.(1)(c)(ii)(bb) The principal or his designee shall provide oral or written notification to the parent or legal
guardian of any pupil removed from the classroom pursuant to the provisions of this Subparagraph. Such
notification shall include a description of any disciplinary action taken.
A.(3) (b)(i) ... In each case of suspension or expulsion the school principal, or his designee, shall contact
by telephone at the telephone number shown on the pupil's registration card or send a certified letter at
the address shown on the pupil's registration card to the parent, tutor, or legal guardian of the pupil in
question giving notice of the suspension or expulsion, the reasons therefor and establishing a date and
time for a conference with the principal or his designee as a requirement for readmitting the pupil
provided that in the case of expulsion, the contact with the parent or guardian shall include a certified
letter. If the parent, tutor, or legal guardian fails to attend the required conference within five school days
of mailing the certified letter or other contact with the parent, the truancy laws shall become effective. On
not more than one occasion each school year when the parent, tutor, or legal guardian refuses to
respond, the principal may determine whether readmitting the pupil is in the best interest of the student.
On any subsequent occasions in the same year, the pupil shall not be readmitted unless the parent, tutor,
legal guardian, court, or other appointed representative responds.
A.(3) (b)(ii)(aa) In any case where a teacher, principal, or other school employee is authorized in this
Section to require the parent, tutor, or legal guardian of a pupil who is under the age of eighteen and not
judicially emancipated or emancipated by marriage to attend a conference or meeting regarding the
pupil's behavior and, after notice, the parent, tutor, or legal guardian willfully refuses to attend, the
principal or his designee, shall file a complaint with a court exercising juvenile jurisdiction, pursuant to
Page 62
Children's Code Article 730(8) and 731. The principal may file a complaint pursuant to Children's Code
Article 730(1) or any other applicable ground when, in his judgment, doing so is in the best interests of the
pupil.
(bb) The principal, assistant principal, or child attendance and welfare supervisor or his assistant
of any school, public or nonpublic, shall be a representative of an agency having the responsibility
or ability to supply services to a family as that phrase is used in Children's Code Article 731(A).
accountability.
(d) Parental Notification.
(i) Upon receiving a report of bullying, the school official shall notify the student's parent or legal
guardian according to the definition of notice created by the state Department of Education.
(ii) Under no circumstances shall the delivery of the notice to the parent or legal guardian, which is
required by this Subsection, be the responsibility of an involved student. Delivery of the notice by an
involved student shall not constitute notice as is required pursuant to this Subsection.
(iii) Before any student under the age of eighteen is interviewed, his parent or legal guardian shall be
notified by the school official of the allegations made and shall have the opportunity to attend any
interviews with their child conducted as part of the investigation.
(iv) The State Board of Elementary and Secondary Education, in collaboration with the state
Department of Education, shall develop a procedure for meetings with the parent or legal guardian of
the victim and the parent or legal guardian of the alleged perpetrator. This procedure shall include:
(aa) Separate meetings with the parents or legal guardians of the victim and the parents or legal
guardians of the alleged perpetrator.
(bb) Notification of parents or legal guardians of the victim and of the alleged perpetrator of the
available potential consequences, penalties, and counseling options.
(cc) In any case where a teacher, principal, or other school employee is authorized in this Section to
require the parent or legal guardian of a student who is under the age of eighteen and not judicially
emancipated or emancipated by marriage to attend a conference or meeting regarding the student's
behavior and, after notice, the parent, tutor, or legal guardian willfully refuses to attend, that the
principal or his designee shall file a complaint with a court exercising juvenile jurisdiction, pursuant to
Children's Code Article 730(8) and 731. The principal may file a complaint pursuant to Children's
Code Article 730(1) or any other applicable ground when, in his judgment, doing so is in the best
interests of the student.
bullying has occurred, and after meeting with the parent or legal guardian of the students involved, the
school official shall:
appropriate.
I. (1) The parent or other legal guardian of a student who has been placed in seclusion or physically
restrained shall be notified as soon as possible. The student's parent or other legal guardian shall also be
notified in writing, within twenty-four hours, of each incident of seclusion or physical restraint. Such notice
shall include the reason for such seclusion or physical restraint, the procedures used, the length of time of
the student's seclusion or physical restraint, and the names and titles of any school employee involved.
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ADMINISTRATIVE CODE
1303. Bullying.
D. Notice of Bullying Policy to students and parents. The LEA shall inform each student orally and in
writing of the prohibition against the bullying of a student by another student, the nature and
consequences of such actions, including the potential criminal consequences and loss of driver's license,
and the proper process and procedure for reporting any incidents of bullying. A copy of the written notice
shall also be delivered to each student's parent or legal guardian.
F. Investigation Procedure. When a report of the bullying of a student by another student is received, the
school shall conduct an investigation using the following procedure.
2. Parental Notification of Allegation of Bullying
a. Upon receiving a report of bullying, the school shall notify the parents or legal guardians of the
alleged offender and the alleged victim no later than the following school day.
b. Under no circumstances shall the delivery of this notice to the parent or legal guardian, be the
responsibility of an involved student. Delivery of notice by an involved student shall not constitute
notice as is required by this Section.
c. Before any student under the age of 18 is interviewed, his parents or legal guardians shall be
notified of the allegations made and shall have the opportunity to attend any interviews conducted
with their child as part of the investigation.
d. All meetings with the parents or legal guardians of an alleged victim or an alleged offender shall be
in compliance with the following:
i. separate meetings with the parents or legal guardians of the alleged victim and the alleged
offender;
ii. parents or legal guardians of the alleged victim and alleged offender must be notified of the
potential consequences, penalties and counseling options.
e. In any case where a school official is authorized to require a parent or legal guardian of a student
under the age of 18 to attend a conference or meeting regarding the students behavior, and after
notice willfully refuses to attend, the principal or designee shall file a complaint with a court of
competent juvenile jurisdiction, pursuant to Childrens Code Article 730(8) and 731.
f. A principal or designee may file a complaint pursuant to Childrens Code Article 730(1) or any other
applicable ground when, in his judgment, doing so is in the best interests of the student.
1306. Due Process for Suspensions.
Page 64
case.

STATUTES
and transfers.
prescribed by law.
D.(1) In addition to the specific disciplinary measures authorized in R.S. 17:416, a principal or
headmaster at a public or private school shall notify the Department of Public Safety and Corrections,
office of motor vehicles, of any student between the ages of fourteen and eighteen who has been
subjected to a disciplinary action as provided in Paragraph (2) of this Subsection.
(2) As used in this Subsection, "disciplinary action" means an expulsion or suspension from school for
ten or more consecutive school days or an assignment to an alternative educational setting for ten or
more consecutive school days in accordance with any policy of the school or of the local public school
board, limited to expulsions, suspensions, and assignments to alternative educational settings for
infractions involving the sale or possession of drugs, alcohol, or any other illegal substance, the
Page 65
possession of a firearm, or an infraction involving assault or battery on a member of the school faculty
or staff. The governing authority of any public elementary or secondary school shall promulgate rules
and regulations to implement the provisions of this Section.
(3) Any such student who has been subjected to a disciplinary action as provided in Paragraph (2) of
this Subsection shall have his driver's license for the operation of a motor vehicle suspended for a
period of one year, in accordance with the provisions of R.S. 32:431. The terms "license" or "driver's
license" shall include a Class "E" learner's license and intermediate license as provided for in R.S.
32:407.
17:416.3. Search of students persons, desks, lockers, other areas; defense of suits against
school personnel; indemnification; reporting of implements seized.
D. (1) Upon the seizure by any public school teacher, principal, school security guard, or administrator of
any firearm, bomb, knife, or other implement which can be used as a weapon and the careless use of
which might inflict harm or injury or any controlled dangerous substance as defined in R.S. 40:961(7),
the principal or his designated administrator shall report the confiscation of such implement or material
to the appropriate law enforcement officials. The principal or his designated administrator may report
the confiscation of any other implement or material.
(2) Any implement or material required by Paragraph (1) of this Subsection to be reported to law
enforcement officials shall be retained and secured by the school principal in such a manner as to
prevent the destruction, alteration, or disappearance of it until such time as the law enforcement
authority either takes custody of the implement or material or provides notice to the school principal that
it need no longer be retained. In the case that it need not be retained, the school principal shall comply
with his school board's policy regarding disposal of the item.
(3) The failure of any principal or designated administrator to report the confiscation of such implement
or material or the failure to retain and secure such implement or material shall be reported by the law
enforcement authority to the employing school board which shall take disciplinary action pursuant to its
policy.
E. The provisions of this Section shall apply to the State Board of Elementary and Secondary Education
as it relates to state schools operated by the board in the same way it applies to city and parish school
boards.
accountability.
D. (3) Investigation Procedure. --By not later than January 1, 2013, the State Board of Elementary and
Secondary Education shall develop and adopt a procedure for the investigation of reports of bullying of
a student by another student. The procedure shall include the following:
bullying has occurred, and after meeting with the parent or legal guardian of the students involved,
the school official shall:
appropriate.
(ii) Report criminal conduct to law enforcement, if appropriate.
Page 66
ADMINISTRATIVE CODE
E. Students, who, through no fault of their parents or guardians or other persons having charge of them,
regularly disrupt the orderly processes of the school to which they have been assigned, shall be
considered as delinquents and may be reported by the visiting teacher or supervisor of child welfare and
attendance, to the district or family court of the parish having jurisdiction in juvenile matters, there to be
dealt with in the manner prescribed by law.

STATUTES
B.(3)(a)(i) No student who has been expelled pursuant to the provisions of this Section shall be admitted
to any public school in any other parish or city school system in the state except upon the review
and approval of the school board of the school system to which he seeks admittance.
(ii) No student who has been expelled from any public or nonpublic school outside the state of
Louisiana or any nonpublic school within Louisiana for committing any of the offenses enumerated
in this Section shall be admitted to any public school in the state except upon the review and
approval of the governing body of the admitting school.
(b) No student who has been expelled pursuant to the provisions of Paragraph (C)(2) of this Section
shall be readmitted to a public school in the city, parish, or other local public school system from
which he was expelled prior to the completion of the specified period of expulsion, unless he has
complied with the provisions of Subparagraph (C)(2)(d) of this Section.
(c) To facilitate the review and approval mandated by this Paragraph, any student who has been
expelled from any public or nonpublic school within or outside the state of Louisiana shall provide to
any public school or school system in the state to which the student is seeking admission information
on the dates of any expulsions and the reason or reasons for which the student was expelled.
Additionally, the transfer of a student's records by any public school or school system in the state to
any other public or nonpublic school or school system shall include information on the dates of any
expulsions and the reason or reasons for which the student was expelled.
ADMINISTRATIVE CODE
C. Any student who has been expelled from any public or nonpublic school within or outside the state of
Louisiana shall provide to any public school or school system in the state to which the student is seeking
admission, information on the dates of any expulsion and the reason(s) for which the student was
expelled. Additionally, the transfer of a students records by any public school or school system in the
state to any other public or nonpublic school or school system shall include information on the dates of
any suspensions or expulsions and the reason or reason(s) for which the student was suspended or
expelled. Refer to R.S. 17:416(B)(3).
Page 67

STATUTES
accountability.
(a) Conduct a review of the student code of conduct required by this Section and amend the code as may
be necessary to assure that the policy prohibiting the bullying of a student by another student specifically
addresses the behavior constituting bullying, the effect the behavior has on others, including bystanders,
and the disciplinary and criminal consequences, and includes the definition of bullying as provided in
Subsection C of this Section.
17.416.8. Discipline policy review committees; school option.
A.(1)(a) Each city and parish school board shall establish a discipline policy review committee composed
of sixteen members as follows:
(i) Five classroom teachers to be elected by their peers with at least one teacher each representing
an elementary, middle or junior high, and high school.
(ii) One special education teacher to be elected by his peers.
(iii) Two guidance counselors to be elected by their peers.
(iv) Two principals to be elected by their peers, one representing an elementary school and one
representing a high school.
(v) One school bus operator to be elected by his peers.
(vi) One child welfare and attendance supervisor to be elected by his peers.
(vii) One school board member to be elected by his peers.
(viii) The local superintendent or his designee.
(ix) Two parents to be appointed by a method as provided by rules and regulations adopted by the
State Board of Elementary and Secondary Education.
(b) The discipline policy review committee shall review all school board discipline policies and make
recommendations to the school board for appropriate revisions to such policies.
(c) Each committee shall be established no later than November 1, 1994, and shall make its
recommendations to its respective school board no later than February 1, 1995.
(2) Each school board shall review its discipline policies prior to the end of the 1994-1995 school year
and shall review such policies at least annually thereafter. Following a public hearing on the
recommendations of the discipline policy review committee, each school board's discipline policies shall
delineate the specific consistent actions to be taken by teachers and other designated school
employees to maintain order in the schools and on the school grounds. In addition, such policies shall
contain specific consistent penalties which shall be imposed when pupils violate school discipline
policies or state laws on school discipline. Copies of school board discipline policies shall be distributed
to each school within its jurisdiction prior to the beginning of the 1995-1996 school session. In addition,
copies of current school board discipline policies shall be distributed to each school within its jurisdiction
prior to the beginning of the 1999-2000 school year and each school year thereafter. Each board shall
provide each pupil and his parent, tutor, or legal guardian with a copy of the board's current discipline
policy. In addition, each school shall plan and conduct meetings necessary to fully inform all
employees and pupils of all such policies within the first week of each school year. Meetings also shall
be held throughout the school year as may be necessary to inform new employees and new pupils of
such policies.
Page 68
B. Except as may be provided otherwise for the development or review of a school's discipline policy
under the terms of a collective bargaining agreement applicable to the public school, the administrators,
teachers, and parents at each public school shall meet during the 1995-1996 school year and develop or
review the discipline policy for their school and such policy shall be reviewed at least annually thereafter.
In all cases, a school's discipline policy shall be in compliance with current state law and school board
policies.
C. However, if, on August 27, 1994, there is in existence a discipline policy review committee which
serves the same function for any city or parish school board or for any public school in the state, such
existing committee shall remain in existence and shall retain the composition and authority under which it
was created.
accountability.
(g) Documentation.
(i) The state Department of Education shall develop a behavior incidence checklist that the governing
authority of each public elementary and secondary school shall use to document the details of each
reported incident of bullying.
(ii) The governing authority of each public elementary and secondary school shall report all such
documented incidences of bullying to the state Department of Education as prescribed in rules adopted
by the State Board of Elementary and Secondary Education in accordance with the Administrative
Procedure Act and documented incidents in reports received by the local superintendent of schools
pursuant to R.S. 17:415.
(iii) After the investigation and meeting with the parents, pursuant to this Section, a school, local school
board or other local school governing authority shall:
(aa) Compose a written document containing the findings of the investigation, including input from the
students' parents or legal guardian, and the decision by the school or school system official. The
document shall be placed in the school records of both students.
(bb) Promptly notify the complainant of the findings of the investigation and that remedial action has
been taken, if such release of information does not violate the law.
(cc) Keep complaints and investigative reports confidential, except as provided in this Section and
where disclosure is required to be made pursuant to 20 U.S.C. 1232g or by other applicable federal
laws, rules, or regulations or by state law.
(dd) Maintain complaints and investigative reports for three years in the event that disclosure is
warranted by law enforcement officials.
(ee) As applicable, provide a copy of any reports and investigative documents to the governing
authority of the school in order that the governing authority can comply with the provisions of R.S.
17:416.1.
(ff) As applicable, provide a copy of any reports and investigative documents to the state Department
of Education. Upon receipt, the department shall remove any reports related to the investigative
documents from notation on the department's website, but shall maintain a record of those reports for
three years.
E. Parental Responsibilities. --Nothing herein shall be deemed to interfere with the authority and the
responsibility that a parent or legal guardian has for the student at all times, but particularly when the
student is not on the school premises, is not engaged in a school-sponsored function or schoolsponsored activity, and is not being transported by school-sponsored means of transportation.
Page 69
F. This Section shall not be interpreted to conflict with or supercede the provisions requiring mandatory
reporting pursuant to Louisiana Children's Code Article 609 and as enforced through R.S. 14:403.
G. Preclusion.
(1) This Section shall not be interpreted to prevent a victim of bullying, or his parent or legal guardian,
from seeking redress under any other available law, either civil or criminal.
(2) Nothing in this Section is intended to infringe upon the right of a school employee or student to
exercise their right of free speech.
H. Construction; equal protection. --All students subject to the provisions of this Section shall be protected
equally and without regard to the subject matter or the motivating animus of the bullying.
(2) The director or supervisor of special education shall be notified any time a student is placed in
immediately following the day on which the student was placed in seclusion or physically restrained and
a copy shall be provided to the student's parent or legal guardian.
K. If a student is involved in five incidents in a single school year involving the use of physical restraint
or seclusion, the student's Individualized Education Plan team shall review and revise the student's
behavior intervention plan to include any appropriate and necessary behavioral supports.
restrained and whose challenging behavior continues or escalates shall be reviewed at least once
every three weeks.
(c) An explanation of the methods of physical restraint and the school employee training
requirements relative to the use of restraint.
N. (1) The governing authority of each public elementary and secondary school shall report all
instances where seclusion or physical restraint is used to address student behavior to the Department
of Education.
school; student age, race, ethnicity, and gender; student disability, where applicable; and any
involved school employees.
ADMINISTRATIVE CODE
I. Each LEA shall establish a discipline policy review committee comprised of sixteen members in
accordance with the mandates of R.S. 17:416.8. The LEA shall establish procedures for appointing the
two parent members.
Page 70

STATUTES
17.416.19. School resource officers.
A. Any city, parish, or other local public school system and any nonpublic school may make or enter into
agreements with a local law enforcement agency to provide for school resource officers. Any city, parish,
or other local public school system and any nonpublic school shall ensure that any school resource officer
provided by a local law enforcement agency as provided in this Section is in compliance with the
provisions of Subsection B of this Section.
B.(1) A "school resource officer" shall be a peace officer as defined in R.S. 40:2402(3).
(2) A "school resource officer" shall be certified by a nationally accredited school resource officer
program or a state school resource officer training program certified by the Council on Peace Officer
Standards and Training.
C. The Council on Peace Officers Standards and Training shall review and approve any advanced, inservice, or specialized training for school resource officers as the council shall deem advisable.
Education.
B. The Council on Peace Officer Standards and Training shall have the power to establish and appoint a
committee with members representing the Louisiana Commission on Law Enforcement and
Administration of Criminal Justice, the accredited law enforcement training centers, the office of state
police, local law enforcement agencies, and the State Board of Elementary and Secondary Education.
C. The committee shall have the following powers:
(1) To develop minimum curriculum requirements for the training and certification of school security
guards, which standards shall apply uniformly throughout the state for all school security guards.
(2) To establish minimum law enforcement instruction qualifications at an accredited P.O.S.T. academy.
(3) To approve and certify a school security guard program and to establish other requirements relative
to such program.
D. A portion of the funds appropriated for the program shall be allocated to local law enforcement
agencies to be utilized for the cost of investigation, detection, and forensics costs of crime committed on
school property.
E. After a secure funding source for this program becomes available, the Louisiana Commission on Law
Enforcement and Administration of Criminal Justice shall have six months to implement a one-year pilot
test of the School Violence Prevention Training Program. The commission shall evaluate the results of
the pilot test before recommending statewide implementation.
Page 71

Page 72

STATUTES
17.252. School master plans for supporting student behavior and discipline.
A.(1) The State Board of Elementary and Secondary Education, in collaboration with the Louisiana
Juvenile Justice Planning and Coordination Board, shall formulate, develop, and recommend to the
Juvenile Justice Reform Act Implementation Commission by March 1, 2004, a model master plan for
improving behavior and discipline within schools.
(2) The model master plan may include but need not be limited to guidelines for accomplishing the
following:
(a) Improving communication, coordination, and collaboration between the schools and juvenile
justice agencies.
(b) Improving safe school planning.
(c) Revising school zero tolerance policies to ensure compliance with all applicable provisions of law
to ensure that schools do not make inappropriate referrals to juvenile justice agencies.
(d) Providing improved mental health services in or through the schools.
(e) Providing better assistance to parents in knowing about and accessing family strengthening
programs.
(f) Improving the coordination of special education and juvenile justice services.
(g) Improving classroom management using positive behavioral supports and other effective
disciplinary tools.
(h) Improving methods and procedures for the handling of school suspensions and the referral of
students to alternative schools.
(i) Providing for better and more useful reporting on an annual basis of school behavioral and
disciplinary problems.
B. Each city, parish, and other local public school board shall cause to be developed and shall submit by
October 1, 2004, a master plan for each school under the board's jurisdiction for improving behavior and
discipline in each such school based on the model master plan developed and approved by the State
Board of Elementary and Secondary Education.
C. The model master plan for improving behavior and discipline within the schools and the school master
plans required of city, parish, and other local public school boards by this Section shall not prohibit a
teacher from removing a pupil from the classroom for disciplinary reasons in accordance with the
provisions of R.S. 17:416.
Page 73
STATUTES
17.100.1. Alternative educational programs; certain adjudicated students; students in the
custody of the office of juvenile justice; funding; authority of the local school board to contract;
inclusion in minimum foundation program; funding formula.
C.(1) An alternative school located in a secure care facility under the jurisdiction of the office of juvenile
justice shall be considered a public elementary or secondary school and, as such, shall be included by
the State Board of Elementary and Secondary Education in the formula required by Article VIII, Section
13 of the Constitution of Louisiana used to determine the cost of a minimum foundation program of
education in all public elementary and secondary schools.
(2) Each student in such an alternative school shall be provided for and funded at one hundred percent
of the state share per pupil amount as provided in the approved minimum foundation program formula
for the city, parish, or other local public school system in which such student would otherwise have
been enrolled, as contained in the budget letter approved by the State Board of Elementary and
Secondary Education, and the board shall allocate such funds to the office of juvenile justice.
(3) In addition to the allocation of the state share per pupil amount provided for in Paragraph (2) of this
Subsection, the city, parish, or other local public school system in which the student would have
otherwise been enrolled shall allocate and transfer to the office of juvenile justice an amount of money
equal to the local share per pupil amount allocated by such system times the number of students
enrolled in alternative schools located in secure care facilities under the jurisdiction of the office of
juvenile justice who would have otherwise been enrolled in such local school system. The State Board
of Elementary and Secondary Education shall provide for the transfer of the local share per pupil
amount from the appropriate city, parish, or other local public school system to the office of juvenile
justice.
(4) The office of juvenile justice shall expend all minimum foundation program funds allocated to it
pursuant to this Subsection to operate the alternative schools located in secure care facilities under its
jurisdiction.
(5) The State Board of Elementary and Secondary Education, in collaboration with the office of juvenile
justice, shall develop an equitable means by which to identify and determine the number of students
eligible for funding each year pursuant to this Subsection.
(6) The State Board of Elementary and Secondary Education shall adopt necessary rules and
regulations to assure that no funds provided through the Minimum Foundation Program or any other
state or federal program as provided in this Section shall supplant any other funding provided to the
office of juvenile justice for the educational services for such children.
Education.
Page 74
D. A portion of the funds appropriated for the program shall be allocated to local law enforcement
agencies to be utilized for the cost of investigation, detection, and forensics costs of crime committed on
school property.
E. After a secure funding source for this program becomes available, the Louisiana Commission on Law
Enforcement and Administration of Criminal Justice shall have six months to implement a one-year pilot
test of the School Violence Prevention Training Program. The commission shall evaluate the results of
the pilot test before recommending statewide implementation.
Page 75
Other/Uncategorized
STATUTES
C. Should any teacher, principal, or administrator in the public school system be sued for damages by
any student, the parent of any student or other persons qualified to bring suit on behalf of such student
based upon the act or omission of such teacher, principal, or administrator in the directing of and
disciplining of school children under their care and supervision, it shall be the responsibility of the school
board employing such teacher, principal, or administrator to provide such defendant with a legal defense
to such suit including reasonable attorney's fees, investigatory costs, and other related expenses. Should
any such teacher, principal, or administrator be cast in judgment for damages in such suit, it shall be the
obligation of the school board employing such defendant to indemnify him fully against such judgment
including all principal, interest, and costs. Nothing in this Section shall require a school board to
indemnify a teacher, principal, or administrator against a judgment wherein there is a specific decree in
the judgment that the action of the teacher, principal, or administrator was malicious, and willfully and
deliberately intended to cause bodily harm.
17:416.11. Discipline of pupils; limitation of liability.
A. No teacher, principal, or administrator in a public school system or in an approved nonpublic school
shall be personally liable for any act or failure to act in the directing of or disciplining of school children
under his care and supervision, unless such act or failure to act was malicious and willfully and
deliberately intended to cause bodily harm.
B. This Section shall not be applicable to the operation, use, or maintenance of any motor vehicle.

STATUTES
years.
Page 76
school day.
training.
D The provisions of this Section shall be implemented upon the approval of each city, parish, or other
for such purpose.
Education.
Other/uncategorized
Page 77

School Discipline
resources provided by Louisiana provide additional context to state policy and regulations and, in some
Title
Description
Louisiana
Department of
Education
webpage
Templates and resources related to bullying

and discipline referrals, including:
http://www.louisianabelieves.com/
resources/library/public-schools
Louisiana
Department of
Education
webpage on
Discipline.
Describes their prevention model.
schools/public-schools/discipline
Bullying
Prevention Toolkit
Developed by the Louisiana Department of

Education, this toolkit provides resources to
assist school district prevent and end bullying.
schools/public-schools/bullying
Reporting and
Investigating
Incidences of
Bullying
Guidance on reporting and investigating

incidences of bullying, as provided in Act 861
of 2012.
docs/public-school/overview--reporting-and-investigatingincidences-ofbullying.pdf?sfvrsn=3
Sample School
Board Policy
"Prohibition
Against Bullying":
PDF document with Louisianas sample

bullying prohibition policy; generated by the
Office of Student Programs.
docs/public-school/template--sample-bullyingpolicy12EA763F2BB4D1C6A542
3027.pdf?sfvrsn=3
Website
Bullying incident report forms

Presentations about bullying
Bullying reporting responsibility flow chart
Corporal Punishment Incidence Checklist
School behavior report forms
Bus behavior report forms
Documents
Other Resources
No relevant
resources found
Page 78
Maine
Discipline Laws and
Regulations
Introduction
document.
Notes & Disclaimers

Prepared by:
Child Trends
Suite 1200W
Suite 110
Table of Contents
Maine State Codes Cited ............................................................................................................................ 1
Scope ........................................................................................................................................................ 4
Other weapons ........................................................................................................................................ 17
Substance use......................................................................................................................................... 19
Prevention ............................................................................................................................................... 23
Maine State Codes Cited

Maine Revised Statutes
Title 20-A. Education
Subchapter 2. Commissioner
254.
255.
263.
Educational duties
School administrative unit; reports, records, information
Response to school bomb threats

Subchapter 1. School Boards
1001.
Duties of school boards
Subchapter 2. Superintendents
1055.
Superintendent; powers and duties
Chapter 119. Unorganized Territory

Subchapter 2-A. Compulsory School Attendance
3271.
3272.
3273.
Compulsory attendance at school

Truancy; excusable absences
Enforcement

4007.
4009.
Secret societies prohibited

Civil liability
Chapter 211. Attendance

Subchapter 1. Attendance
5001-A.
Compulsory attendance
Subchapter 2. Truants
5051-A.
5053-A.
Truancy
Enforcement
Subchapter 4. Technical Assistance

5151.
5152.
Technical assistance for truants, dropout prevention and reintegration and alternative
education
Advisory committee
Maine Compilation of School Discipline Laws and Regulations
Page 1
Chapter 221. School Records, Audits And Reports

Subchapter 1. Student Records
6001.
6001-A.
6001-B.
Dissemination of information
Parental access to information on school activities
Transfer of education records
Chapter 222. Standards And Assessment Of Student Performance

6213.
Innovative public school zones and innovative public school districts
Chapter 223. Health, Nutrition And Safety

Subchapter 6. Safety
6552.
6553.
6554.
Firearms
Prohibition of hazing
Prohibition on bullying in public schools
Maine Administrative Code

05 071. Education / General
05-071 CMR Ch. 33.
Rules governing physical restraint and seclusion
Page 2
General Provisions
STATUTES
254. Educational duties.
11. Statewide standards for behavior. In consultation with organizations representing school boards,
school administrators, teachers, parents and other interested local officials and community members, the
commissioner shall develop statewide standards for responsible and ethical student behavior. The
standards must require annual reporting of incidents of violent and harmful behavior by or against
students to the department by school administrative units. The department shall provide forms for
reporting.
263. Response to school bomb threats.
1. Prototype guidelines, policies and protocols. The commissioner, in consultation with state and local
emergency services officials and representatives of school personnel and school board members, shall
develop prototypical guidelines, policies and protocols for school administrative units to present to their
communities when those communities are considering implementing local policies that concern
prevention of and response to school bomb threats. The prototypical guidelines, policies and protocols
developed by the commissioner must be made available to all schools in the State no later than
December 31, 2001.
1001. Duties of school boards
15. Adoption of student code of conduct. With input from educators, administrators, parents, students
and community members, they shall adopt a district-wide student code of conduct consistent with the
statewide standards for student behavior developed under section 254, subsection 11. The student code
of conduct must:
A. Define unacceptable student behavior;
B. Establish standards of student responsibility for behavior;
C. Prescribe consequences for violation of the student code of conduct, including first-time violations,
when appropriate;
D. Describe appropriate procedures for referring students in need of special services to those services;
E. Establish criteria to determine when further assessment of a current individual education plan is
necessary, based on removal of the student from class;
F. Establish policies and procedures concerning the removal of disruptive or violent students or
students threatening death or bodily harm to others from a classroom or a school bus, as well as
student disciplinary and placement decisions, when appropriate;
G. Establish guidelines and criteria concerning the appropriate circumstances when the superintendent
or the superintendent's designee may provide information to the local police or other appropriate law
enforcement authorities regarding an offense that involves violence committed by any person on school
grounds or other school property; and
H. Establish policies and procedures to address bullying, harassment and sexual harassment as set
forth in section 6554.
Page 3
18. Bomb threat information in student handbooks. Beginning with the 2002-2003 school year, each
school board shall include in its student handbook a section that addresses in detail the school's bomb
threat policies and protocols. The section of the handbook must contain an explanation of the portions of
the policies and protocols relevant to students and their families and explain to the students the
educational and legal consequences of making a bomb threat to a school.
ADMINISTRATIVE CODE
05-071 CMR Ch. 33
SECTION 4. LOCAL POLICY; NOTICE TO PARENTS
1. Local Policy Required. All covered entities shall have local policies, consistent with this rule, regarding
the use of physical restraint and seclusion. Covered entities must also have a procedure available by
which parents may submit a complaint regarding the use of physical restraint or seclusion on their child,
based upon which the covered entity shall investigate the circumstances surrounding the incident
complained of, make written findings and, where appropriate, determine to take corrective action.
Covered entities shall revise existing policies or develop policies consistent with this rule within 90
calendar days of the effective date of this rule.
Scope
STATUTES
6554. Prohibition on bullying in public schools.
2. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the
following meanings.
E. "School grounds" means a school building; property on which a school building or facility is located;
and property that is owned, leased or used by a school for a school-sponsored activity, function,
program, instruction or training. "School grounds" also includes school-related transportation vehicles
4. Scope. This section applies to bullying that:
A. Takes place at school or on school grounds, at any school-sponsored or school-related activity or
event or while students are being transported to or from school or school-sponsored activities or events;
or
B. Takes place elsewhere or through the use of technology, but only if the bullying also infringes on the
rights of the student at school as set forth in subsection 2, paragraph B.
STATUTES
255. School administrative unit; reports, records, information.
5. INFORMATION. The commissioner shall:
A. Obtain information on school systems in this State and other states and other countries and the
condition and progress of public education throughout the world;
B. Disseminate this information, with practical hints upon the conduct of schools, improved systems of
instruction and the true theory of education by public addresses, circulars and articles prepared for the
press;
Page 4
C. Disseminate this information by outlines, suggestions and directions concerning the management,
discipline and methods employed in teaching to teachers and school officers of the State;
1001. Duties of school boards.
15. Adoption of student code of conduct. [] The school board is responsible for ensuring that school
officials inform students, parents and community members of the student code of conduct.
15-A. School disciplinary policies. [] The school board shall ensure that administrators inform students,
parents and school personnel of the districtwide school disciplinary policies.
18. Bomb threat information in student handbooks. Beginning with the 2002-2003 school year, each
school board shall include in its student handbook a section that addresses in detail the school's bomb
threat policies and protocols. The section of the handbook must contain an explanation of the portions of
the policies and protocols relevant to students and their families and explain to the students the
educational and legal consequences of making a bomb threat to a school.
6553. Prohibition of hazing.
5. Dissemination. The school board shall clearly set forth the policy and penalties adopted and shall
distribute copies of them to all students enrolled in the public school.
6554. Prohibition of bullying in public schools.
6. Dissemination of policy. Each school board shall annually provide the written policies and procedures
adopted pursuant to subsection 5 to students, parents, volunteers, administrators, teachers and school
staff. The policies and procedures must be posted on the school administrative unit's publicly accessible
website. Each school board shall include in its student handbook a section that addresses in detail the
policies and procedures adopted pursuant to subsection 5.
ADMINISTRATIVE CODE
05-071 CMR Ch. 33
SECTION 4. LOCAL POLICY; NOTICE TO PARENTS
1. Local Policy Required. All covered entities shall have local policies, consistent with this rule, regarding
the use of physical restraint and seclusion. Covered entities must also have a procedure available by
which parents may submit a complaint regarding the use of physical restraint or seclusion on their child,
based upon which the covered entity shall investigate the circumstances surrounding the incident
complained of, make written findings and, where appropriate, determine to take corrective action.
Covered entities shall revise existing policies or develop policies consistent with this rule within 90
calendar days of the effective date of this rule.
2. Annual notification of rule and local policies. Annually, each covered entity shall provide overview and
awareness information to all staff, including contracted providers, regarding the content of this rule and
any local policies or procedures related to the use of physical restraint and seclusion. Each covered entity
shall provide an annual notice informing parents of students enrolled at the covered entity of this rule and
any local policies or procedures related to the use of physical restraint and seclusion, including the local
complaint process.
Page 5

STATUTES
2. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the
following meanings.
A. "Alternative discipline" means disciplinary action other than suspension or expulsion from school that
is designed to correct and address the root causes of a student's specific misbehavior while retaining
the student in class or school, or restorative school practices to repair the harm done to relationships
and persons from the student's misbehavior. "Alternative discipline" includes, but is not limited to:
(1) Meeting with the student and the student's parents;
(2) Reflective activities, such as requiring the student to write an essay about the student's
misbehavior;
(3) Mediation when there is mutual conflict between peers, rather than one-way negative behavior,
and when both parties freely choose to meet;
(4) Counseling;
(5) Anger management;
(6) Health counseling or intervention;
(7) Mental health counseling;
(8) Participation in skills building and resolution activities, such as social-emotional cognitive skills
building, resolution circles and restorative conferencing;
(9) Community service; and
(10) In-school detention or suspension, which may take place during lunchtime, after school or on
weekends.



Page 6


STATUTES
9. Students expelled or suspended. Following a proper investigation of a student's behavior and due
process proceedings pursuant to subsection 8-A, if found necessary for the peace and usefulness of the
school, a school board shall expel any student:
A. Who is deliberately disobedient or deliberately disorderly;
B. For infractions of violence;
C. Who possesses on school property a firearm as defined in Title 17-A, section 2, subsection 12-A or a
dangerous weapon as defined in Title 17-A, section 2, subsection 9 without permission of a school
official;
D. Who, with use of any other dangerous weapon as defined in Title 17-A, section 2, subsection 9,
paragraph A, intentionally or knowingly causes injury or accompanies use of a weapon with a threat to
cause injury; or
E. Who possesses, furnishes or trafficks in any scheduled drug as defined in Title 17-A, chapter 45.
9-A. Students expelled or suspended under the requirements of the federal Gun-Free Schools Act. The
school boards shall adopt a policy for expelling a student who is determined to have brought a firearm, as
defined in 18 United States Code, Section 921, to school or to have possessed a firearm at school and for
referring the matter to the appropriate local law enforcement agency.
A. A student who is determined to have brought a firearm to school or to have possessed a firearm at
school under this subsection must be expelled from school for a period of not less than one year,
except that the school board may authorize the superintendent to modify the requirement for expulsion
of a student on a case-by-case basis. A decision to change the placement of a student with a disability
must be made in accordance with the federal Individuals With Disabilities Education Act, 20 United
States Code, Section 1400 et seq.
C. In accordance with the proper investigation and due process provisions required in subsection 9, a
principal may suspend immediately for good cause a student who is determined to have brought a
firearm to school or to have possessed a firearm at school under this subsection.

STATUTES
9. Students expelled or suspended. [] The school board may authorize the principal to suspend
students up to a maximum of 10 days for infractions of school rules. []
Page 7
9-C. Reentry for students after expulsion. Upon making a decision to expel a student in accordance with
procedures set forth in subsections 8-A and 9, a school board may exercise one of the following options
in expelling a student:
A. The school board may expel the student for a specific period of time not to exceed the total number
of instructional days approved by the school board for the current school year; or
B. The school board may expel the student for an unspecified period of time and authorize the
superintendent to provide the expelled student with a reentry plan that specifies the conditions that
must be met in order for the student to be readmitted to school after the expulsion. If a school board
authorizes the superintendent to provide the expelled student with a reentry plan, the school board shall
ensure that the student who has been expelled is provided with a reentry plan in accordance with this
paragraph. []

STATUTES
8-A. Due process standards for expulsion proceedings. Following a proper investigation of a student's
behavior, a school board that intends to consider expulsion shall ensure proceedings include the following
due process provisions.
A. Before a hearing on the expulsion, the superintendent shall:
(1) Provide written notice to the parents and the student of:
(a) The date, time and location of the hearing;
(b) A description of the incident or incidents that occasioned the expulsion hearing;
(c) The student's and parents' right to review the school records prior to the hearing;
(d) A description of the hearing process; and
(e) An explanation of the consequences of an expulsion; and
(2) Invite the parents and student to a meeting prior to the expulsion hearing to discuss the
procedures of the hearing.
B. At a hearing on the expulsion:
(1) The student has the right to present and cross-examine witnesses;
(2) The student has the right to an attorney or other representation; and
(3) Witnesses must be sworn in and the chair of the hearing has the authority to swear in witnesses.
C. After a hearing on the expulsion, the school board shall provide written notice of its decision to the
parents and the student by certified mail. The notice of the school board's written decision may include
a reentry plan developed in accordance with subsection 9-C.
Page 8

STATUTES
9-C. Reentry for students after expulsion. Upon making a decision to expel a student in accordance with
procedures set forth in subsections 8-A and 9, a school board may exercise one of the following options
in expelling a student:
A. The school board may expel the student for a specific period of time not to exceed the total number
of instructional days approved by the school board for the current school year; or [2011, c. 614, 5
(NEW).]
B. The school board may expel the student for an unspecified period of time and authorize the
superintendent to provide the expelled student with a reentry plan that specifies the conditions that
must be met in order for the student to be readmitted to school after the expulsion. If a school board
authorizes the superintendent to provide the expelled student with a reentry plan, the school board shall
ensure that the student who has been expelled is provided with a reentry plan in accordance with this
paragraph.
(1) The reentry plan must be developed by the superintendent or the superintendent's designee in
consultation with the student and the student's parents to provide guidance that helps the student
understand what the student must do to establish satisfactory evidence that the behavior that resulted
in the expulsion will not likely recur.
(2) The superintendent or the superintendent's designee shall send a certified letter, return receipt
requested, or hand deliver a letter to the parents of the expelled student giving notice of the date, time
and location of a meeting to develop a reentry plan for the student.
(3) If the student and the student's parents do not attend the meeting under subparagraph (2), the
reentry plan must be developed by school staff.
(4) The reentry plan must be provided to the parents and the student in writing.
(5) The superintendent shall designate a school employee to review the student's progress with the
reentry plan at intervals of one month, 3 months and 6 months after the meeting and at other times as
determined necessary by the designated school employee.
(6) The reentry plan may require the student to take reasonable measures determined by the
superintendent to be helpful to establish the student's readiness to return to school. Professional
services determined to be necessary by the superintendent must be provided at the expense of the
student and the student's parents.
(7) The superintendent may, as appropriate, notify an individualized education program team for a
child with a disability who has been expelled by a school board.
(8) The superintendent shall annually report data on the number of students who are expelled from
school and the number of students who are readmitted to school after expulsion to the
commissioner's consultant on truancy, dropouts and alternative education under section 5151.

ADMINISTRATIVE CODE
05-071 CMR Ch. 33
SECTION 1. POLICY AND PURPOSE
Page 9
This rule establishes standards for the use of physical restraint and seclusion to provide for the safety of
all individuals. Physical restraint and seclusion may only be used as an emergency intervention when the
behavior of a student presents a risk of injury or harm to the student or others.
SECTION 2. DEFINITIONS
16. Physical Restraint is an intervention that restricts a students freedom of movement or normal access
to his or her body, and includes physically moving a student who has not moved voluntarily. Physical
restraint does not include:
A. Physical escort;
B. Physical prompt;
C. Physical contact when the purpose of the intervention is to comfort a student and the student
voluntarily accepts the contact;
D. Momentarily deflecting the movement of a student when the students movement would be
destructive, harmful or dangerous to the student or to others;
E. The use of seat belts, safety belts or similar passenger restraint, when used as intended, during the
transportation of a child in a motor vehicle; or
F. The use of a medically prescribed harness, when used as intended; or
G. A brief period of physical contact necessary to break up a fight.
19. Seclusion is the involuntary confinement of a student alone in a room or clearly defined area from
which the student is physically prevented from leaving. Seclusion is not timeout.
SECTION 5. SECLUSION
1. Permitted uses of seclusion
A. Seclusion may be used only as an emergency intervention when the behavior of a student presents
a risk of injury or harm to the student or others, and only after other less intrusive interventions have
failed or been deemed inappropriate.
B. Seclusion must be implemented by staff certified in a state-approved training program to the extent
possible. If, due to the nature of the emergency, untrained staff have intervened and initiated a
seclusion, trained personnel must be summoned to the scene and assume control of the situation as
rapidly as possible.
2. Prohibited uses of seclusion
A. Seclusion may not be used for punitive purposes, staff convenience or to control challenging
behavior.
B. Seclusion may not be used to prevent property destruction or disruption of the environment in the
absence of a risk of injury or harm.
C. Seclusion may not be used as a therapeutic or educational intervention.
D. Seclusion may not take place in a locked room.
3. Monitoring of a student in seclusion
A. At least one adult must be physically present to continuously monitor a student in seclusion The
adult, while not present in the room or defined area, must be situated so that the student is visible at all
times. Students must be continuously monitored until the student no longer presents a risk of injury or
harm to self or others.
B. In the event of an injury to the student or staff, the local policy for emergency response must be
initiated.
4. Termination of seclusion
Page 10
A. The staff involved in the use of seclusion shall continually assess for signs that the student is no
longer presenting a risk of injury or harm to self or others, and the seclusion must be discontinued as
soon as possible.
B. Time must be recorded consistent with the requirements of the documentation section of this rule
and local policy.
C. The covered entity may request assistance from parents at any time during the incident.
D. If attempts to release from seclusion have been unsuccessful and a student is still presenting
behaviors that create a risk of injury or harm to self or others, then the covered entity may request
assistance from outside sources such as caregivers, case managers, crisis intervention teams, local
EMS, or other community resources.
E. If seclusion continues for more than 10 minutes, an administrator or designee shall determine
whether continued seclusion is warranted, and shall continue to monitor the status of the seclusion
every 10 minutes until the seclusion is terminated.
5. Location of seclusion
Seclusion can be achieved in any part of a school building with adequate light, heat, ventilation and of
normal room height. If a specific room is designated as a seclusion room, it must be a minimum of 60
square feet with adequate light, heat, ventilation, be of normal room height, contain an unbreakable
observation window in a wall or door and be free of hazardous material and objects with which a student
could self-inflict bodily injury.
SECTION 6. PHYSICAL RESTRAINT
1. Permitted uses of physical restraint
A. Physical restraint may be used only as an emergency intervention when the behavior of a student
presents a risk of injury or harm to the student or others, and only after other less intrusive interventions
have failed or been deemed inappropriate.
B. Physical restraint must be implemented by staff certified in a state-approved training program to the
extent possible. If, due to the nature of the emergency, untrained staff have intervened and initiated a
physical restraint and if the need for physical restraint continues, trained personnel must be summoned
to the scene and must assume control of the situation as rapidly as possible.
C. Physical restraint may be used to move a student only if the need for movement outweighs the risks
involved in such movement.
D. Protective equipment or devices that are part of a treatment plan as prescribed by a licensed health
care provider are not prohibited by this rule.
2. Prohibited forms and uses of physical restraint
A. Physical restraint may not be used for punitive purposes, staff convenience or to control challenging
behavior.
B. Physical restraint may not be used to prevent property destruction or disruption of the environment in
the absence of a risk of injury or harm.
C. No physical restraint may be used that restricts the free movement of the diaphragm or chest or that
restricts the airway so as to interrupt normal breathing or speech (restraint-related positional asphyxia)
of a student.
D. No physical restraint may be used that relies on pain for control, including but not limited to joint
hyperextension, excessive force, unsupported take-down (e.g. tackle), the use of any physical structure
(e.g. wall, railing or post), punching and hitting.
E. Physical restraint may not be used as a therapeutic or educational intervention.
Page 11
F. Aversive procedures and mechanical and chemical restraints may not be used under any
circumstances.
G. Prescribed assistive devices are not considered mechanical restraints when used as prescribed.
Their use must be supervised by qualified and trained individuals in accordance with professional
standards.
H. Prescribed medications are not considered chemical restraints when administered by a health care
provider consistent with a students health care plan are permitted.
3. Monitoring of a student in physical restraint
A. At least two adults must be present at all times when physical restraint is used except when, for
safety reasons, waiting for a second adult is precluded.
B. A student in physical restraint must be continuously monitored until the student no longer presents a
risk of injury or harm to self or others.
C. In the event of an injury, local policy must be followed.
4. Termination of physical restraint
A. The staff involved in the use of physical restraint must continually assess for signs that the student in
physical restraint is no longer presenting a risk of injury or harm to self or others, and the physical
restraint must be discontinued as soon as possible.
B. Time must be recorded consistent with the requirements of the documentation section of this rule
and local policy.
C. The covered entity may request assistance from parents at any time during the incident.
D. If attempts to release the student from physical restraint have been unsuccessful and the student is
still presenting behaviors that create a risk of injury or harm to self or others, the covered entity may
request assistance from outside sources such as caregivers, case managers, crisis intervention teams,
local emergency medical services, or other community resources.
E. If physical restraint continues for more than 10 minutes, an administrator or designee shall determine
whether continued physical restraint is warranted, and shall continue to monitor the status of the
physical restraint every 10 minutes until the physical restraint is terminated.
5. Exclusions
Those restraints used by law enforcement officers or school resource officers employed by a police
department in the course of their professional duties are not subject to this rule.
STATUTES
9. Students expelled or suspended. [] The school board may authorize the principal to suspend
students up to a maximum of 10 days for infractions of school rules. In addition to other powers and
duties under this subsection, the school board may develop a policy requiring a student who is in violation
of school substance abuse or possession rules to participate in substance abuse services as provided in
section 6606. Nothing in this subsection or subsection 9-C prevents a school board from providing
educational services in an alternative setting to a student who has been expelled.
9-A. Students expelled or suspended under the requirements of the federal Gun-Free Schools Act. []
B. Nothing in this subsection prevents a school board from:
Page 12
(1) Offering instructional activities related to firearms or from allowing a firearm to be brought to school
for instructional activities sanctioned by the school board and for which the school board has adopted
appropriate safeguards to ensure student safety; or
(2) Providing educational services in an alternative setting to a student who has been expelled.
3271. Compulsory attendance at school.
2. Alternative instruction. Alternative instruction may be substituted for attendance in a day school in the
following cases when approved by the school principal.
A. The person is enrolled in an approved special education program.
B. The person obtains equivalent instruction through alternative learning or in any other manner
arranged or approved by the commissioner.
3. Exceptions. Attendance at school or an alternative education program is not required of:
A. A person who has graduated from high school before the person's 17th birthday;
B. A person who is at least 15 years old, has completed the 9th grade and has permission to leave
school to participate in a suitable program of training or combined work and study from a parent and the
commissioner; and
C. A person who has been adjudged a truant and has been excused from attendance pursuant to
procedures established by the commissioner.
5001-A. Compulsory attendance.
3. Alternatives to attendance at public day school. Alternatives to attendance at public day school are as
follows.
A. Equivalent instruction alternatives are as follows.
(1) A person is excused from attending a public day school if the person obtains equivalent instruction
in:
(a) A private school approved for attendance purposes pursuant to section 2901;
(b) A private school recognized by the department as providing equivalent instruction;
(c-1) A home instruction program that complies with the requirements of subparagraph (4); or
(d) Any other manner arranged for by the school board and approved by the commissioner.
(2) A student is credited with attendance at a private school only if a certificate showing the name,
residence and attendance of the person at the school, signed by the person or persons in charge of
the school, has been filed with the school officials of the administrative unit in which the student
resides.
(4) The following provisions govern a home instruction program.
(a) The student's parent or guardian shall provide a written notice of intent to provide home
instruction simultaneously to the school officials of the administrative unit in which the student
resides and to the commissioner within 10 calendar days of the beginning of home instruction. The
notice must contain the following information:
(i) The name, signature and address of the student's parent or guardian;
(ii) The name and age of the student;
(iii) The date the home instruction program will begin;
(iv) A statement of assurance that indicates the home instruction program will provide at least 175
days annually of instruction and will provide instruction in the following subject areas: English and
language arts, math, science, social studies, physical education, health education, library skills,
Page 13
fine arts and, in at least one grade from grade 6 to 12, Maine studies. At one grade level from
grade 7 to 12, the student will demonstrate proficiency in the use of computers; and
(v) A statement of assurance that indicates that the home instruction program will include an
annual assessment of the student's academic progress that includes at least one of the forms of
assessment described in division (b).
(b) On or before September 1st of each subsequent year of home instruction, the student's parent
or guardian shall file a letter with the school officials of the administrative unit in which the student
resides and the commissioner stating the intention to continue providing home instruction and
enclose a copy of one of the following forms of annual assessment of the student's academic
progress:
(i) A standardized achievement test administered through the administrative unit in which the
student resides or through other arrangements approved by the commissioner. If the test is
administered through the administrative unit in which the student resides, that administration must
be agreed to by the school officials of the administrative unit prior to submission of the written
notice of intent to provide home instruction;
(ii) A test developed by the school officials of the administrative unit in which the student resides
appropriate to the student's home instruction program, which must be agreed to by the school
officials of the administrative unit prior to submission of the written notice of intent to provide
home instruction;
(iii) A review and acceptance of the student's progress by an identified individual who holds a
current Maine teacher's certificate;
(iv) A review and acceptance of the student's progress based on, but not limited to, a presentation
of an educational portfolio of the student to a local area homeschooling support group whose
membership for this purpose includes a currently certified Maine teacher or administrator; or
(v) A review and acceptance of the student's progress by a local advisory board selected by the
superintendent of the administrative unit in which the student resides that includes one
administrative unit employee and 2 home instruction tutors. For the purpose of this subdivision, a
"home instruction tutor" means the parent, guardian or other person who acts or will act as a
primary teacher of the student in the home instruction program. This provision must be agreed to
by the school officials of the administrative unit in which the student resides prior to submission of
the written notice of intent to provide home instruction.
(c) Dissemination of any information filed under this subparagraph is governed by the provisions of
section 6001; the federal Family Educational Rights and Privacy Act of 1974, 20 United States
Code, Section 1232g (2002); and the federal Education for All Handicapped Children Act of 1975,
20 United States Code, Sections 1401 to 1487 (2002), except that "directory information," as
defined by the federal Family Educational Rights and Privacy Act of 1974, is confidential and is not
subject to public disclosure unless the parent or guardian specifically permits disclosure in writing or
a judge orders otherwise. Copies of the information filed under this subparagraph must be
maintained by the student's parent or guardian until the home instruction program concludes. The
records must be made available to the commissioner upon request.
(d) If the home instruction program is discontinued, students of compulsory school age must be
enrolled in a public school or an equivalent instruction alternative as provided for in this paragraph.
The receiving school shall determine the placement of the student. At the secondary level, the
principal of the receiving school shall determine the value of the prior educational experience
toward meeting the standards of the system of learning results as established in section 6209.
Page 14
B. A person may be excused from attendance at a public day school pursuant to section 5104-A or
section 8605.
5104-A. Alternative education programs outside the school administrative unit.
1. Alternative education programs. If the superintendents approve, a school administrative unit may
enroll a student in an alternative education program in another school administrative unit or in an
approved private alternative education program.
Page 15

Conditions
STATUTES
A. A student who is determined to have brought a firearm to school or to have possessed a firearm at
school under this subsection must be expelled from school for a period of not less than one year,
except that the school board may authorize the superintendent to modify the requirement for expulsion
of a student on a case-by-case basis. A decision to change the placement of a student with a disability
must be made in accordance with the federal Individuals With Disabilities Education Act, 20 United
States Code, Section 1400 et seq.
B. Nothing in this subsection prevents a school board from:
(1) Offering instructional activities related to firearms or from allowing a firearm to be brought to school
for instructional activities sanctioned by the school board and for which the school board has adopted
appropriate safeguards to ensure student safety; [...]
C. In accordance with the proper investigation and due process provisions required in subsection 9, a
principal may suspend immediately for good cause a student who is determined to have brought a
firearm to school or to have possessed a firearm at school under this subsection.
6552. Firearms.
1. Prohibition. A person may not possess a firearm on public school property or the property of an
approved private school or discharge a firearm within 500 feet of public school property or the property of
an approved private school.
2. Exceptions. The provisions under subsection 1 do not apply to the following.
A. The prohibition on the possession and discharge of a firearm does not apply to law enforcement
officials.
B. The prohibition on the possession of a firearm does not apply to the following persons, if the
possession is authorized by a written policy adopted by the school board:
(1) A person who possesses an unloaded firearm for use in a supervised educational program
approved and authorized by the school board and for which the school board has adopted
appropriate safeguards to ensure student safety; and
(2) A person who possesses an unloaded firearm that is stored inside a locked vehicle in a closed
container, a zipped case or a locked firearms rack while the person is attending a hunter's breakfast
or similar event that:
(a) Is held during an open firearm season established under Title 12, Part 13 for any species of wild
bird or wild animal;
(b) Takes place outside of regular school hours; and
Page 16
(c) Is authorized by the school board.

C. The prohibition on possession and discharge of a firearm does not apply to a person possessing a
firearm at a school-operated gun range or a person discharging a firearm as part of a school-sanctioned
program at a school-operated gun range if the gun range and the program are authorized by a written
policy adopted by the school's governing body.
3. Penalty. A person who violates this section is guilty of a Class E crime.
Other weapons
STATUTES
9. Students expelled or suspended. Following a proper investigation of a student's behavior and due
process proceedings pursuant to subsection 8-A, if found necessary for the peace and usefulness of the
school, a school board shall expel any student:
C. Who possesses on school property a firearm as defined in Title 17-A, section 2, subsection 12-A or a
dangerous weapon as defined in Title 17-A, section 2, subsection 9 without permission of a school
official;
D. Who, with use of any other dangerous weapon as defined in Title 17-A, section 2, subsection 9,
paragraph A, intentionally or knowingly causes injury or accompanies use of a weapon with a threat to
cause injury;

No relevant statues found.

STATUTES
3271. Compulsory attendance at school.
1. Required attendance. Persons residing in the unorganized territory who are at least 7 and under 17
years of age shall attend a public day elementary or secondary school or an approved private school
during the time it is in session.
2. Alternative instruction. Alternative instruction may be substituted for attendance in a day school in the
following cases when approved by the school principal.
A. The person is enrolled in an approved special education program.
B. The person obtains equivalent instruction through alternative learning or in any other manner
arranged or approved by the commissioner.
3. Exceptions. Attendance at school or an alternative education program is not required of:
A. A person who has graduated from high school before the person's 17th birthday;
B. A person who is at least 15 years old, has completed the 9th grade and has permission to leave
school to participate in a suitable program of training or combined work and study from a parent and the
commissioner; and
C. A person who has been adjudged a truant and has been excused from attendance pursuant to
procedures established by the commissioner.
Page 17
3272. Truancy; excusable absences.

2. Truancy. A person is truant if:
A. The person is required to attend school or alternative instruction and has completed grade 6 under
this chapter and has the equivalent of 10 full days of unexcused absences or 7 consecutive school days
of unexcused absences during a school year; or
B. The person is required to attend school or alternative instruction and is at least 7 years of age and
has not completed grade 6 under this chapter and has the equivalent of 7 full days of unexcused
absences or 5 consecutive school days of unexcused absences during a school year.
3273. Enforcement.
1. Civil violations. A parent who has control of a person who is truant under section 3272, subsection 2
and who is primarily responsible for that person's truancy commits a civil violation under this chapter.
2. Jurisdiction. The District Court shall have jurisdiction over these violations.
3. Process. Service of the petition on the parent shall be in accordance with the Maine Rules of Civil
Procedure.
4. Penalties.
5. Disposition. The court may order injunctive relief of one or more of the following actions against any
person who commits a civil violation under subsection 1:
A. Ordering the offender to comply with this chapter;
B. Ordering the offender to take specific action to ensure the student's attendance at school;
C. Enjoining the offender from engaging in specific conduct which interferes with or may interfere with
the student's attendance at school; or
D. Ordering the offender to undergo counseling by a professional selected by the offender, with the
court's approval, or by the court. The counselor shall submit a written evaluation to the court and to the
offender.
6. Fine. For a civil violation under this section, the court may impose a fine not to exceed $250, all or part
of which may be suspended upon the offender's compliance with a court order under this section.
5001-A. Compulsory attendance.
1. Requirement. Persons 7 years of age or older and under 17 years shall attend a public day school
during the time it is in regular session.
2. Exceptions. Attendance at school shall not be required of the following:
A. A person who graduates from high school before that person's 17th birthday;
B. A person who has:
(1) Reached the age of 15 years or completed the 9th grade;
(2) Permission to leave school from that person's parent;
(3) Been approved by the principal for a suitable program of work and study or training;
(4) Permission to leave school from the school board or its designee; and
(5) Agreed in writing with that person's parent and the school board or its designee to meet annually
until that person's 17th birthday to review that person's educational needs. When the request to be
excused from school has been denied pursuant to this paragraph, the student's parent may appeal to
the commissioner;
[]
Page 18
D. A person who has matriculated and is attending an accredited, post-secondary, degree-granting

institution as a full-time student. An exception to attendance in public school under this paragraph must
be approved by the commissioner; or
E. A person enrolled in an online learning program or course.
5053-A. Enforcement.
1. Civil violation. If a parent has control of a student who is truant under section 5051-A, subsection 1
and that parent is primarily responsible for that truancy, that parent commits a civil violation for which a
fine of not more than $250 may be adjudged, all or part of which may be suspended upon the parent's
compliance with a court order under subsection 2.
2. Dispositions. The court may also order a parent adjudicated as violating subsection 1 to take specific
action to ensure the child's attendance at school; comply with the intervention plan developed in
accordance with section 5051-A, subsection 2, paragraph A-2; participate in a parent-training class;
attend school with the child; perform community service hours at the school; or participate in counseling
or other services as appropriate.
3. Notice required. Notice must be provided to the parent pursuant to section 5051-A, subsection 2,
paragraph C before a prosecution for violating subsection 1 may be brought against the parent.
4. Prima facie proof. Evidence that shows that the parent received the notice under section 5051-A,
subsection 2 and that the child has accumulated 10 cumulative full days of absences or 5 consecutive
school days of absences that are not justified under the established attendance policies of the school
administrative unit is prima facie proof that the parent is primarily responsible for the child's truancy or the
parent failed to take corrective measures for the child's truancy.
5. Defense. It is a defense to a prosecution under subsection 1 that the parent has exercised reasonable
diligence in attempting to cause a child in the parent's custody to attend school or that the administrators
of the child's school did not perform their duties as required by law.
6. Process. Service of a summons on the parent pursuant to subsection 1 must be in accordance with
the Maine Rules of Civil Procedure.
7. Jurisdiction. The District Court has jurisdiction over violations under subsection 1.
Substance use

STATUES
6553. Prohibition of hazing.
1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have
the following meanings.
A. "Injurious hazing" means any action or situation, including harassing behavior, that recklessly or
intentionally endangers the mental or physical health of any school personnel or a student enrolled in a
public school.
B. "Violator" means any person or any organization which engages in injurious hazing.
2. Adoption of policy. The school board shall adopt a policy which establishes that "injurious hazing,"
either on or off school property, by any student, staff member, group or organization affiliated with the
public school is prohibited.
Page 19
3. Penalties. The school board shall establish penalties for violation of the rules established in subsection
2. The penalties shall include, but not be limited to, pr ovisions for:
A. In the case of a person not associated with the public school, the ejection of the violator from school
property;
B. In the case of a student, administrator or staff violator, the individual's suspension, expulsion or other
appropriate disciplinary action; and
C. In the case of an organization affiliated with the public school which authorizes hazing, rescission of
permission for that organization to operate on school property or receive any other benefit of affiliation
with the public school.
These penalties shall be in addition to any other civil or criminal penalty to which the violator or
organization may be subject.
4. Administrative responsibility. The school board shall assign responsibility for administering the policy
to the superintendent of schools and establish procedures for appealing the action or lack of action of the
superintendent.
5. Dissemination. The school board shall clearly set forth the policy and penalties adopted and shall
distribute copies of them to all students enrolled in the public school.
6554. Prohibition on bullying in public schools
3. Prohibition. A person may not engage in bullying on school grounds. This section does not modify or
eliminate a school's obligation to comply with state and federal constitutional protections and civil rights
laws applicable to schools.
5. Adoption of policy. When revising the policies and procedures it has established to address bullying
pursuant to section 1001, subsection 15, paragraph H, a school board shall ensure that its policies and
procedures are consistent with the model policy developed or revised by the commissioner pursuant to
section 254, subsection 11-A. The policies and procedures must include, but are not limited to:
A. A provision identifying the responsibility of students and others on school grounds to comply with the
policies;
B. A clear statement that bullying, harassment and sexual harassment and retaliation for reporting
incidents of such behavior are prohibited;
C. A provision outlining the responsibility of a superintendent to implement and enforce the bullying
policies required by this section, including:
(1) A requirement that the superintendent designate a school principal or other school personnel to
administer the policies at the school level; and
(2) A procedure for publicly identifying the superintendent's designee or designees for administering
the policies at the school level;
D. A requirement that school staff members, coaches and advisors for extracurricular and cocurricular
activities report incidents of bullying to the school principal or other school personnel designated by the
superintendent pursuant to paragraph C;
E. Procedures for students, school staff members, parents and others to report incidents of bullying.
The procedures must permit reports of bullying to be made anonymously;
F. A procedure for promptly investigating and responding to incidents of bullying, including written
documentation of reported incidents and the outcome of the investigations;
G. A clear statement that any person who engages in bullying, who is determined to have knowingly
and falsely accused another of bullying or who engages in acts of retaliation against a person who
Page 20
reports a suspected incident of bullying is subject to disciplinary actions, which actions may include but
are not limited to imposing a series of graduated consequences that include alternative discipline;
H. A procedure for a person to appeal a decision of a school principal or a superintendent's designee
related to taking or not taking disciplinary action in accordance with the policies adopted pursuant to
this subsection. The appeals procedure must be consistent with other appeals procedures established
by the school board and may include an appeal to the superintendent;
I. A procedure to remediate any substantiated incident of bullying to counter the negative impact of the
bullying and reduce the risk of future bullying incidents, which may include referring the victim,
perpetrator or other involved persons to counseling or other appropriate services;
J. A process for the school to communicate to the parent of a student who has been bullied the
measures being taken to ensure the safety of the student who has been bullied and to prevent further
acts of bullying; and
K. A procedure for communicating with a local or state law enforcement agency if the school principal or
the superintendent's designee believes that the pursuit of criminal charges or a civil action under the
Maine Civil Rights Act is appropriate.
School boards may combine the policies and procedures required by this subsection with
nondiscrimination, harassment and sexual harassment policies and grievance procedures.
6. Dissemination of policy. Each school board shall annually provide the written policies and procedures
adopted pursuant to subsection 5 to students, parents, volunteers, administrators, teachers and school
staff. The policies and procedures must be posted on the school administrative unit's publicly accessible
website. Each school board shall include in its student handbook a section that addresses in detail the
policies and procedures adopted pursuant to subsection 5.
7. Application. A superintendent or the superintendent's designee shall ensure that every substantiated
incident of bullying is addressed.
A. The prohibition on bullying and retaliation and the attendant consequences apply to any student,
school employee, contractor, visitor or volunteer who engages in conduct that constitutes bullying or
retaliation.
B. Any contractor, visitor or volunteer who engages in bullying must be barred from school grounds until
the superintendent is assured that the person will comply with this section and the policies of the school
board.
C. Any organization affiliated with the school that authorizes or engages in bullying or retaliation forfeits
permission for that organization to operate on school grounds or receive any other benefit of affiliation
with the school.
9. Staff training. A school administrative unit shall provide professional development and staff training in
the best approaches to implementing this section.

STATUTES
4007. Secret societies prohibited.
Secret societies shall be prohibited as follows.
1. Prohibition. Secret fraternities or societies in or associated with public schools shall be prohibited.
2. Enforcement. School boards shall enforce this section.
Page 21
3. Penalty. School boards may expel or otherwise discipline any student for failure or refusal to comply
with this section.
Page 22

Prevention

STATUTES
15-A. School disciplinary policies. When revising the prescribed consequences for violation of the student
code of conduct pursuant to subsection 15, paragraph C, a school board shall consider districtwide
disciplinary policies that:
A. Focus on positive interventions and expectations and avoid focusing exclusively on unacceptable
student behavior. For the purpose of this subsection, "positive interventions" means instructional and
environmental supports that are designed to teach students prosocial alternatives to problem behaviors
with high rates of positive feedback;
B. Focus on positive and restorative interventions that are consistent with evidence-based practices
rather than set punishments for specific behavior and avoid so-called zero-tolerance practices unless
specifically required by federal or state laws, rules or regulations. For the purpose of this paragraph,
"restorative interventions" means school practices that are designed to strengthen relationships,
improve the connection to school and promote a strong sense of accountability and that help students
learn from their mistakes, understand the impact of their actions on others and find opportunities to
repair the harm they have caused through their misbehavior;
C. Allow administrators to use their discretion to fashion appropriate discipline that examines the
circumstances pertinent to the case at hand; and
D. Provide written notice to the parents of a student when a student is suspended from school,
regardless of whether the suspension is an in-school or out-of-school suspension.
6213. Innovative public school zones and innovative public school districts.
7. Innovations. In considering or creating an innovation plan, each school board may consider innovations
in the following areas:
C. Provision of services, including, but not limited to, special education services; services for gifted and
talented students; services for students with limited English proficiency; educational services for
students at risk of academic failure, expulsion or dropping out; and support services provided by the
Department of Health and Human Services or the Department of Corrections to a state ward or to a
state agency client;
STATUTES
9. Staff training. A school administrative unit shall provide professional development and staff training in
the best approaches to implementing this section.
Page 23
ADMINISTRATIVE CODE
05-071 CMR Ch. 33
SECTION 12. STAFF TRAINING; APPROVED PROGRAM
The Department of Education shall maintain a directory of approved training programs on its website at
http://maine.gov/education/. The list of approved training programs may include regional training
programs and regional train the trainer model programs. These training programs must require
participants to demonstrate competency to achieve certification, and must include instruction in at least
the following core components:
1. The use of non-physical interventions for responding to potentially dangerous behaviors, including
de-escalation and the use of positive alternatives;
2. Identification of dangerous behaviors that may indicate the need for physical restraint or seclusion
and methods for evaluating the risk of harm to determine whether such interventions are warranted;
3. Instruction and simulated experience in administering safe physical restraint techniques across a
range of increasingly restrictive interventions, including the safe movement of a student, and in
recognizing and avoiding positions involving a high risk of restraint-related positional asphyxia
(restricting a students ability to breathe);
4. The effects of physical restraint and seclusion on a student, including monitoring physical and
psychological signs of distress and when to obtain medical assistance in compliance with the covered
entitys procedures for emergency interventions;
5. The risks and realities of physical restraint and seclusion; and
6. A review of the process of student and staff debriefing.
Each covered entity shall ensure that a sufficient number of administrators or designees, general and
special education staff, maintain certification in an approved training program. A list of staff with the
required approved training must be made available in each building office, as well as any central office,
along with other school-wide emergency procedures and must be updated at least annually.
Page 24

STATUTES
11. Statewide standards for behavior. In consultation with organizations representing school boards,
school administrators, teachers, parents and other interested local officials and community members, the
commissioner shall develop statewide standards for responsible and ethical student behavior. The
standards must require annual reporting of incidents of violent and harmful behavior by or against
students to the department by school administrative units. The department shall provide forms for
reporting.
263. Response to school bomb threats.
2. Reporting of school bomb threats. Beginning with the 2001-2002 school year, all public schools and
private schools enrolling more than 60% of their students at public expense in the State must report each
bomb threat incident to the commissioner. The initial report must be made to the office of the
superintendent within the school administrative unit or to the headmaster of the private school. The office
of the superintendent or headmaster receiving a report of a bomb threat at a school must report that
threat to the commissioner within 2 business days of the occurrence of the bomb threat. The
commissioner shall report annually on the nature, frequency and impacts of school bomb threats in the
State's schools to the joint standing committee of the Legislature having jurisdiction over education
matters.
ADMINISTRATIVE CODE
05-071 CMR Ch. 33
SECTION 7. NOTIFICATION OF INCIDENT
1. Reporting to an Administrator or Designee, others
After each incident of physical restraint or seclusion, a staff member involved shall:
A. Report to the administrator or designee by oral notification as soon as possible after each incident,
but in no event later than the end of the school day of its occurrence, and
B. If the student is receiving his or her education in an out-of-district placement through a tuition
agreement or other agreement, report the incident to the entity responsible for the students education
within 24 hours or by the end of the next business day.
SECTION 8. DOCUMENTATION; INCIDENT REPORT
1. Incident Report
Each use of physical restraint or seclusion must be documented in an incident report. The incident report
must be completed and provided to an administrator or designee as soon as practical after the incident,
and in all cases within two school days. At a minimum, the incident report must include:
A. Student name;
B. Age, gender, grade;
C. Location of the incident;
D. Date of incident;
Page 25
E. Date of report;
F. Person completing the report;
G. Beginning and ending time of each physical restraint and seclusion;
H. Total time of incident;
I. Description of prior events and circumstances;
J. Less restrictive interventions tried prior to the use of physical restraint or seclusion. If none used,
explain why;
K. The student behavior that justified the use of physical restraint or seclusion;
L. A detailed description of the physical restraint or seclusion used;
M. The staff person(s) involved, their role in the use of physical restraint or seclusion and their
certification, if any, in an approved training program;
N. Description of the incident, including the resolution and process of return to program, if appropriate;
O. Whether the Student has an: a. IEP; b. 504 plan; c. behavior plan; d. IHP; or e. other plan;
P. If a student or staff sustained bodily injury, the date and time of nurse or response personnel
notification and the treatment administered, if any;
Q. Date, time, and method of parent notification; and
R. Date, time of staff debriefing.
2. Incident Report Provided to Parents, others
A copy of the incident report must be provided, within 7 calendar days of the incident to:
A. The parent; and
agreement or other agreement, the entity responsible for the students education.
3. Duration of Incident
For purposes of this Section and Section 9, an incident consists of all actions between the time a
student begins to create a risk of harm and the time the student ceases to pose a risk of harm and returns
to his or her regular programming.
STATUTES
15-A. School disciplinary policies. When revising the prescribed consequences for violation of the
student code of conduct pursuant to subsection 15, paragraph C, a school board shall consider
districtwide disciplinary policies that:
D. Provide written notice to the parents of a student when a student is suspended from school,
regardless of whether the suspension is an in-school or out-of-school suspension.
9-C. Reentry for students after expulsion.
(2) The superintendent or the superintendent's designee shall send a certified letter, return receipt
requested, or hand deliver a letter to the parents of the expelled student giving notice of the date, time
and location of a meeting to develop a reentry plan for the student.
(3) If the student and the student's parents do not attend the meeting under subparagraph (2), the
reentry plan must be developed by school staff.
Page 26
(4) The reentry plan must be provided to the parents and the student in writing.
6001-A. Parental access to information on school activities.
1. Parental notification. Upon written request by a parent, a school administrative unit may provide
written notification of all school activities and programs for which parental participation, involvement,
notification or awareness is in the best interest of the student. A noncustodial parent may have access to
information on school activities and programs upon written request and with the mutual agreement of the
custodial parent and the school administrative unit.
2. Exemption. This section does not apply to a parent denied parental rights and responsibilities in a court
order.
6001-B. Transfer of education records.
4. Notice to parents and guardians. Prior to the start of the 2000-01 school year and each school year
thereafter, a school administrative unit shall send a written notice to parents or guardians of every student
enrolled in the school administrative unit that education records must be sent to a school administrative
unit to which a student applies for transfer. Beginning with the 2001-2002 school year, an educational
program or school for juveniles located in or operated by a correctional facility shall send a written notice
to parents, guardians and custodians of every student enrolled in that educational program or school for
juveniles located in or operated by the correctional facility that education records must be sent to a school
administrative unit to which a student applies for transfer. The notice provided to parents, guardians and
custodians must comply with the standards of the federal Family Education Rights and Privacy Act of
1974, Public Law 93-380, as amended by Public Law 93-568.
ADMINISTRATIVE CODE
05-071 CMR Ch. 33
SECTION 7. NOTIFICATION OF INCIDENT
2. Notification to parents
A. An administrator or designee shall notify the parent that physical restraint or seclusion and any
related first aid have occurred as soon as practical but within the school day in which the incident
occurred, utilizing all available phone numbers and other appropriate means. If the parent is
unavailable, a phone message must be left for the parent to contact the school as soon as possible. If a
parent does not have access to a phone, the entity must use whatever contact information is available
for emergencies. The parent must be informed that written documentation will be provided to them
within 7 calendar days.
B. If a restraint or seclusion has occurred outside the school day, notification of the restraint or
seclusion and any related first aid must occur as soon as possible in compliance with the entitys
procedures for emergency situations
SECTION 8. DOCUMENTATION; INCIDENT REPORT
1. Incident Report
Each use of physical restraint or seclusion must be documented in an incident report. The incident report
must be completed and provided to an administrator or designee as soon as practical after the incident,
and in all cases within two school days. At a minimum, the incident report must include:
A. Student name;
B. Age, gender, grade;
C. Location of the incident;
Page 27
D. Date of incident;
E. Date of report;
F. Person completing the report;
G. Beginning and ending time of each physical restraint and seclusion;
H. Total time of incident;
I. Description of prior events and circumstances;
J. Less restrictive interventions tried prior to the use of physical restraint or seclusion. If none used,
explain why;
K. The student behavior that justified the use of physical restraint or seclusion;
L. A detailed description of the physical restraint or seclusion used;
M. The staff person(s) involved, their role in the use of physical restraint or seclusion and their
certification, if any, in an approved training program;
N. Description of the incident, including the resolution and process of return to program, if appropriate;
O. Whether the Student has an: a. IEP; b. 504 plan; c. behavior plan; d. IHP; or e. other plan;
P. If a student or staff sustained bodily injury, the date and time of nurse or response personnel
notification and the treatment administered, if any;
Q. Date, time, and method of parent notification; and
R. Date, time of staff debriefing.
2. Incident Report Provided to Parents, others
A copy of the incident report must be provided, within 7 calendar days of the incident to:
A. The parent; and
agreement or other agreement, the entity responsible for the students education.
3. Duration of Incident
For purposes of this Section and Section 9, an incident consists of all actions between the time a
student begins to create a risk of harm and the time the student ceases to pose a risk of harm and returns
to his or her regular programming.

STATUTES
1001. Duties of school boards
15. Adoption of student code of conduct. With input from educators, administrators, parents, students and
community members, they shall adopt a district-wide student code of conduct consistent with the
statewide standards for student behavior developed under section 254, subsection 11. The student code
of conduct must:
G. Establish guidelines and criteria concerning the appropriate circumstances when the superintendent
or the superintendent's designee may provide information to the local police or other appropriate law
Page 28
enforcement authorities regarding an offense that involves violence committed by any person on school
grounds or other school property;

STATUTES
6001. Dissemination of information
1. Federal and state law. The provisions of this section, the United States Family Educational Rights and
Privacy Act of 1974, Public Law 93-380, as amended by Public Law 93-568, and the United States
Education of All Handicapped Children Act, Public Law 94-142 govern the dissemination of information
about students, as well as written notices of intent to provide equivalent instruction through home
instruction and all education records of students receiving equivalent instruction through home instruction.
2. Internet restrictions. A public school may not publish on the Internet or provide for publication on the
Internet any personal information about its students without first obtaining the written approval of those
students' parents. For the purpose of this section, "personal information" means information that identifies
a student, including, but not limited to, the student's full name, photograph, personal biography, e-mail
address, home address, date of birth, social security number and parents' names.
3. Dissemination of education records to criminal justice agencies. A school may disseminate education
records as defined in 20 United States Code, Section 1232 g(a)(4) regarding a juvenile if:
A. The juvenile has not been adjudicated as having committed a juvenile crime;
B. The education records are disseminated to:
(1) Criminal justice agencies; or
(2) Agencies that by court order or agreement of the juvenile are responsible for the health or welfare
of the juvenile and that have provided the school with a statement describing the purpose of the
dissemination; and
C. The education records are relevant to and disseminated for the purpose of creating or maintaining an
individualized plan for the juvenile's rehabilitation.
Education records received under this subsection are confidential and may not be further disseminated,
except to the court or as otherwise provided by law. The persons to whom the education records are
disseminated shall certify in writing to the school that the records will not be disclosed to any other party,
except the court or as otherwise provided by law, without the written consent of the juvenile or the
juvenile's parent or guardian.
6001-B. Transfer of education records.
1. Education records must follow students who transfer. Education records must follow students who
transfer to a school in another school administrative unit in the State. The education records of students
who transfer from educational programs or schools for juveniles located in or operated by correctional
facilities or out-of-state schools are also subject to this requirement. For a student who experiences
education disruption, as defined in section 5161, subsection 9, the sending school shall send or
electronically transfer pertinent records, including but not limited to academic and health information
records, to the receiving school or educational program no later than 5 school days after the student
enrolls in the receiving school or educational program.
2. Transfer of records. Upon application of a student to transfer to another school administrative unit in
this State or to enroll at a school administrative unit in this State from an educational program or school
for juveniles located in or operated by a correctional facility or a school outside of the State, and upon the
written request of the superintendent of the school administrative unit into which the student seeks
Page 29
admission, school administrators at the school administrative unit from which the student is transferring
shall provide all of the student's education records, including disciplinary records, attendance records,
health records other than confidential health records for which consent for dissemination has not been
obtained and special education records, to school administrators at the school administrative unit to which
the student is seeking a transfer. Confidential health records may be provided under this subsection only
if the school administrator at the school administrative unit from which the student is transferring receives
the authorization or consent necessary for the dissemination of information contained in the following
records:
A. Records concerning information on a person's HIV infection status, including the results of an HIV
test, as those records are described in Title 5, section 19203-D;
B. Records concerning information on a person's alcohol and other drug abuse treatment as those
records are described in Title 5, section 20047;
C. Records concerning information on a person's health care and treatment as those records are
described in Title 22, section 1711-C; and
D. Records concerning information on a person's mental health treatment as those records are
described in Title 34-B, section 1207.
3. Determination of disciplinary status of student applying for transfer; discretion of school to accept
student. At the request of the superintendent of the school administrative unit into which a student seeks
admission, the student's current or former school administrators shall provide, in a timely fashion, an oral
or written report to the receiving school administrative unit indicating whether the student has been
expelled or suspended or is the subject of an expulsion or suspension proceeding. In the case of a
student who has been expelled or suspended or is the subject of an expulsion or suspension proceeding,
the receiving school administrative unit may deny admission or participation in public school programs,
facilities or activities as part of an equivalent instruction program pursuant to section 5021 until the school
administrative unit is satisfied that the conditions of the expulsion or suspension have been met.
3-A. Determination of status of juvenile applying for admission; discretion of school to accept juvenile. If
the receiving school administrative unit receives information under Title 15, section 3308, subsection 7,
paragraph B-1, subparagraph (3) and Title 34-A, section 1216, subsection 1, paragraph F that a student
is not in compliance with a condition of an individualized plan for the juvenile's rehabilitation and that
condition is relevant to the juvenile's reintegration into the school, the receiving school administrative unit
may deny admission or participation in public school programs, facilities or activities as part of an
equivalent instruction program pursuant to section 5021 until the school administrative unit is satisfied
that the condition has been met.
4. Notice to parents and guardians. Prior to the start of the 2000-01 school year and each school year
thereafter, a school administrative unit shall send a written notice to parents or guardians of every student
enrolled in the school administrative unit that education records must be sent to a school administrative
unit to which a student applies for transfer. Beginning with the 2001-2002 school year, an educational
program or school for juveniles located in or operated by a correctional facility shall send a written notice
to parents, guardians and custodians of every student enrolled in that educational program or school for
juveniles located in or operated by the correctional facility that education records must be sent to a school
administrative unit to which a student applies for transfer. The notice provided to parents, guardians and
custodians must comply with the standards of the federal Family Education Rights and Privacy Act of
1974, Public Law 93-380, as amended by Public Law 93-568.
Page 30

STATUTES
9-C. Reentry for students after expulsion.
(8) The superintendent shall annually report data on the number of students who are expelled from
school and the number of students who are readmitted to school after expulsion to the commissioner's
consultant on truancy, dropouts and alternative education under section 5151.
1055. Superintendent; powers and duties.
2. INSPECT SCHOOLS; ANNUAL REPORT. The superintendent is responsible for:
A. Inspecting the schools and reviewing the operating rules, the discipline and the proficiency of the
students;
8. Transparency and monitoring. Each school administrative unit shall file its policies to address bullying
and cyberbullying with the department.
ADMINISTRATIVE CODE
05-071 CMR Ch. 33
SECTION 10. CUMULATIVE REPORTING
1. Building-level reporting, analysis
A cumulative report by building must be made to the superintendent or chief administrator on a quarterly
and annual basis to include:
A. Aggregate number of uses of physical restraint;
B. Aggregate number of students placed in physical restraint;
C. Aggregate number of uses of seclusion;
D. Aggregate number of students placed in seclusion;
E. Aggregate number of serious bodily injuries to students related to the use of restraint and seclusions;
and
F. Aggregate number of serious bodily injuries to staff related to physical restraint and seclusion.
The superintendent or chief administrator shall review cumulative reports received as set forth in this
section and identify those areas that can be addressed to reduce the future use of physical restraint and
seclusion. These cumulative reports may be requested by the Department of Education at any time.
2. Reporting Data to the Department of Education
Each covered entity shall submit to the Department of Education an annual report of the incidence of
physical restraint and seclusion that must include:
A. Aggregate number of uses of physical restraint;
B. Aggregate number of students placed in physical restraint;
C. Aggregate number of uses of seclusion;
D. Aggregate number of students in placed in seclusion;
E. Aggregate number of serious bodily injuries to students related to physical restraint and seclusion;
and
Page 31
F. Aggregate number of serious bodily injuries to staff related to physical restraint and seclusion.
Page 32


Page 33

STATUTES
11-A. Model policy; reporting. By January 1, 2013, the commissioner shall develop a model policy to
address bullying and cyberbullying for use by school administrative units pursuant to section 6554. A
copy of the model policy must be sent to each school administrative unit in the State and posted on the
publicly accessible portion of the department's website along with any training and instructional materials
related to the policy that the commissioner determines necessary.
A. The commissioner shall create a procedure by which school administrative units report substantiated
incidents of bullying and cyberbullying to the department on at least an annual basis. These reports
may not contain personally identifying information about students or other involved persons, but must
delineate the specific nature of the incidents, the consequences and the actions taken.
B. The commissioner may update or revise the model policy and shall post the update or revision on the
publicly accessible portion of the department's website and send a copy of the update or revision to
each school administrative unit.
5151. Technical assistance for truants, dropout prevention and reintegration and alternative
education.
The commissioner shall provide technical assistance regarding truancy, dropouts and reintegration and
alternative education programs. To do this, the commissioner shall employ at least one consultant whose
sole responsibility is to cover the area of truancy, dropouts and alternative education.
1. Qualifications. Any consultant must be knowledgeable in the problems of truancy, dropouts and
reintegration and policies and programs pertaining to the problems and have this as the consultant's sole
responsibility.
2. Duties. The consultant shall:
A. Provide technical assistance to school administrative units and private schools approved for tuition
purposes to establish alternative education programs;
B. Develop screening tools for early identification of potential dropouts;
C. Act as a clearinghouse for information on alternative education programs in the State, on exemplary
programs in other states and on research pertaining to the subject, and promote effective programs;
D. Function as a liaison among the commissioner, department staff, advisory committee and school
administrative units and private schools as it pertains to truants, dropouts and reintegration, alternative
education programs, alternative learning and adult education;
E. Develop model curricula and programs for alternative education schools and programs;
F. Assess and provide for the evaluation of alternative education programs consistent with the
standards established by the commissioner;
G. Develop training programs for superintendents, principals and school attendance officers to improve
effectiveness in performance of their duties as pertains to truants, dropouts and reintegration and
alternative education programs;
H. Develop and submit a plan on behalf of the commissioner for the joint standing committee of the
Legislature having jurisdiction over education and the state board on the prevalence of truancy and
Page 34
dropouts, assess alternative and adult education programs and prepare positive strategies to prevent
and remedy the problems identified, including reintegration planning for juvenile offenders who have
been released from juvenile facilities and are enrolling in schools in the State;
I. Have the responsibility for preventive programs and alternative education programs;
J. Collect data on the scope of the dropout and truancy problem in the State, including data on the
number of students who are expelled from school and the number who are readmitted to school after
expulsion;
K. Evaluate the scope of the problem of dropouts and truants and programs and policies directed to
meet it, including reintegration planning and aftercare services provided for juvenile offenders who have
been released from juvenile facilities and have enrolled in schools in the State;
L. Provide staff services to the advisory committee; and
M. Plan and coordinate programs and grant writing to stimulate programs and research on the problem
of dropouts, truants, alternative education, alternative learning and adult education.
Page 35
Other/Uncategorized
STATUTES
4009. Civil liability.
The following provisions apply to civil liability.
1. Reasonable force. A teacher or other person entrusted with the care or supervision of a person for
special or limited purposes may not be held civilly liable for the use of a reasonable degree of force
against the person who creates a disturbance if the teacher or other person reasonably believes it is
necessary to:
A. Control the disturbing behavior; or
B. Remove the person from the scene of the disturbance.
2. Exceptions. Subsection 1 shall not apply to the intentional or reckless use of force that creates a
substantial risk of death, serious bodily injury or extraordinary pain.
3. Effect on civil liability. This section may not be construed to increase the scope of potential civil liability
of a teacher or other person entrusted with the care or supervision of a person for special or limited
purposes.
4. Emergency medical treatment. Notwithstanding any other provision of any public or private and special
law, any nonlicensed agent or employee of a school or school administrative unit who renders first aid,
emergency treatment or rescue assistance to a student during a school program may not be held liable
for injuries alleged to have been sustained by that student or for the death of that student alleged to have
occurred as a result of an act or omission in rendering such aid, treatment or assistance. This subsection
does not apply to injuries or death caused willfully, wantonly or recklessly or by gross negligence on the
part of the agent or employee.

STATUTES
16. Parental involvement initiatives. The commissioner shall strongly encourage each school board to
adopt local procedures for implementing a districtwide parental involvement initiative as school board
policy in accordance with section 255, subsection 6.
255. School administrative unit; reports, records, information.
6. Parental involvement initiatives; post. Beginning with the 2013-2014 school year, a school
administrative unit that adopts a parental involvement initiative may submit a copy of that initiative to the
department, and the commissioner shall post that initiative on the department's publicly accessible
website. The commissioner also shall post on the department's publicly accessible website links to the
publicly accessible websites of those school administrative units that have chosen to adopt districtwide
parental involvement initiatives as school board policy and that have submitted those initiatives to the
department.
Page 36
5152. Advisory committee.

1. Commissioner. The commissioner shall appoint an advisory committee on truancy, dropouts and
alternative education.
2. Duties of the advisory committee, as appointed by the commissioner. The advisory committee shall
advise the commissioner on the development and implementation of state and local policies and
programs that are needed to deal effectively with the incidence of truancy and dropouts in state schools.
The committee should consider its mandate in a broad context to assess the causes of truancy and
dropouts, the effectiveness of alternative education and prevention programs and the social and
educational programs or changes needed to encourage students to remain in school, including
reintegration planning and aftercare services provided for juvenile offenders who have been released
from juvenile facilities in the State and have enrolled in schools in the State.
3. Membership. The advisory committee must have a broad membership reflecting the range of
individuals and public and private institutions that are involved or interested in the problem and its
solution. It must include representation from each of the following:
A. Teachers;
B. Elementary school principals;
C. Secondary school principals;
D. Guidance counselors;
E. Adult education teachers with experience in high school completion education;
F. Superintendents;
G. Administrators from private schools involved in alternative education programs;
H. Department of Health and Human Services;
I. [2005, c. 397, Pt. A, 16 (RP).]
J. Department of Corrections;
K. Department of Labor;
L. A local positive action committee on truancy, dropout and alternative education programs;
M. Representatives from the business community; and
N. Other individuals who the commissioner feels will contribute to the development of effective policies
and programs.
Two of the representatives in paragraphs A to D must be directly involved in alternative education
programs. There may be no more than 15 members on the committee.
4. Term of office. The members of the advisory committee shall serve for 2 years and may be
reappointed.
5. Expenses. Members of the advisory committee shall be reimbursed for expenses only for attending
meetings or performing other functions authorized by the committee.
6. Annual reports. The committee shall report annually by February 1st to the joint standing committee of
the Legislature having jurisdiction over education.
Page 37
Other/Uncategorized
STATUTES
9-D. Professional services after expulsion for a child with a disability. Nothing in subsection 9-C may be
interpreted to require payment from the parents of an expelled student for professional services
determined by the superintendent to be necessary to establish the student's readiness to return to school
if:
A. The student is a child with a disability who has been determined to be eligible for a free, appropriate
public education in accordance with 34 Code of Federal Regulations, Section 300.530, Paragraph (d);
or
B. The school administrative unit did not have knowledge that the student was a child with a disability
prior to taking disciplinary measures against the student and, based on a subsequent evaluation, the
student is determined to be a child with a disability who is eligible for a free, appropriate public
education in accordance with 34 Code of Federal Regulations, Section 300.534, Paragraph (d).
Page 38

School Discipline
resources provided by Maine provide additional context to state policy and regulations and, in some
Title
Description
Model Policy for

Bullying and
Cyberbullying
For all schools to use to help them

revise and edit their current policies.
http://maine.gov/doe/bullying/laws/
modelpolicy.html
Maine's Best Practices

in Bullying and
Harassment Prevention
Offers suggestions for a comprehensive

approach to bullying and cyberbullying.
http://maine.gov/doe/bullying/proce
dures/index.html
Maine DOE webpage

on bullying
Includes information about steps to

assess and improve school climate and
safety, particularly in the areas of
bullying, harassment, and sexual
harassment. Links to addition resources
describing procedures for documenting,
investigating and responding to
incidents of bullying and cyberbullying.
http://maine.gov/doe/bullying/index
.html
Website
Documents
found
Other Resources
found
Page 39
Maryland
Discipline Laws and
Regulations
Introduction
document.
Notes & Disclaimers

Prepared by:
Child Trends
Suite 1200W
Suite 110
Table of Contents
Maryland State Codes Cited....................................................................................................................... 1
Scope ........................................................................................................................................................ 5
Other weapons ........................................................................................................................................ 20
Substance use......................................................................................................................................... 23
Prevention ............................................................................................................................................... 31
Maryland State Codes Cited

Maryland Revised Statutes
Title 3. Other Crimes against the Person
Subtitle 8. Stalking and Harassment
3-805.
Misuse of electronic communication
Subtitle 6. Abuse and Other Offensive Conduct

3-607.
Hazing
Title 4. Local School Administration

Subtitle 1. General Provisions
4-102.
Deadly weapons on school property
Subtitle 3. Baltimore City

4-318.
Baltimore City School Police Force
Title 5. Controlled Dangerous Substances, Prescriptions, and Other Substances

Subtitle 6. Crimes involving controlled Dangerous Substances and Paraphernalia
5-627.
Controlled dangerous substance near school
Subtitle 8. Immunities and Prohibited Actions -- Miscellaneous

5-803.
School employees
Title 7. Public Schools

Subtitle 3. Attendance and Discipline of Students
7-301.
7-302.
7-303.
7-304.
7-304.1.
7-305.
7-306.
7-307.
7-308.
7-310.
Report of absences and maladjustment
Arrest for reportable offense
Special programs for disruptive students
Positive Behavioral Interventions and Support Program
Suspension and expulsion
Corporal punishment; State code of discipline
Principals, teachers, and school security guards intervening in fights
Searches of students and schools
Dissemination of community resources list
Subtitle 4. Health and Safety of Students

7-412.
7-424.
7-424.1.
Preservation of rights of student seeking to overcome drug abuse

Reporting incidents of harassment or intimidation against students
Model policy prohibiting bullying, harassment and intimidation
Maryland Compilation of School Discipline Laws and Regulations
Page 1
7-424.3.
7-435.
Bullying, harassment and intimidation policy

Evaluation of emergency management plans [Section subject to abrogation]
Subtitle 11. Student Behavior Intervention

7-1102.
7-1103.
7-1104.
Appointment of task force

Development of policies and procedures
Consultation concerning training requirements
Title 26. Prohibitions and Penalties

Subtitle 1. School Security
26-102.
26-103.
Trespass on the grounds of a public institution of elementary, secondary, or higher

education
Drinking or possessing intoxicating beverages on school premises
Maryland Administrative Code

13A.01.04.03.03.
13A.08.04.02.02.
13A.08.04.03.03.
13A.08.04.04.04.
13A.08.04.05.05.
13A.08.04.06.06.
School Safety
Definitions
Student Behavior Interventions
Use of Exclusion
General Requirements for the Use of Restraint or Seclusion
Administrative Procedures
Page 2
General Provisions
STATUTES
4-318. Baltimore City School Police Force.
(f) Regulations. -- The Baltimore City Board of School Commissioners shall adopt regulations governing
the:
(1) Operation of the Baltimore City School Police Force; and
(2) Conduct of each Baltimore City school police officer.
7-304. Special programs for disruptive students.
(b) Authority to establish programs. Each county board of education and the Board of School
Commissioners of Baltimore City shall establish special programs in the county and Baltimore City for
students in the public school system who exhibit disruptive classroom behavior.
(c) Joint use. Two or more county boards may establish special programs for their joint use.
7-306. Corporal punishment; State code of discipline.
(b) Standards of conduct; implementation. The State Board of Education shall:
(1) Establish guidelines that define a State code of discipline for all public schools with standards of
conduct and consequences for violations of the standards; and
(2) Assist each county board with the implementation of the guidelines.
(c) Regulations. (1) Subject to the provisions of subsections (a) and (b) of this section, each county board shall adopt
regulations designed to create and maintain within the schools under its jurisdiction the atmosphere of
order and discipline necessary for effective learning.
(2) The regulations adopted by a county board under this subsection:
(i) Shall provide for educational and behavioral interventions, counseling, and student and parent
conferencing; and
(ii) Shall provide alternative programs, which may include in-school suspension, suspension,
expulsion, or other disciplinary measures that are deemed appropriate.
7-424.1. Model policy prohibiting bullying, harassment and intimidation.
(b) In general.(1) By March 31, 2009, the State Board, after consultation with and input from local school systems,
shall develop a model policy prohibiting bullying, harassment, or intimidation in schools.
(2) The model policy developed under paragraph (1) of this subsection shall include:
(i) A statement prohibiting bullying, harassment, and intimidation in schools;
(ii) A statement prohibiting reprisal or retaliation against individuals who report acts of bullying,
harassment, or intimidation;
(iii) A definition of bullying, harassment, or intimidation that is either the same as set forth in
subsection (a)(2) of this section or a definition that is not less inclusive than that definition;
Page 3
(iv) Standard consequences and remedial actions for persons committing acts of bullying,
harassment, or intimidation and for persons engaged in reprisal or retaliation;
(v) Standard consequences and remedial actions for persons found to have made false accusations;
(vi) Model procedures for reporting acts of bullying, harassment, and intimidation;
(vii) Model procedures for the prompt investigation of acts of bullying, harassment, and intimidation;
(viii) Information about the types of support services available to the student bully, victim, and any
bystanders; and
(ix) Information regarding the availability and use of the bullying, harassment, or intimidation form
under 7-424 of this subtitle.
(c) Development of policy by county boards.
(1) Each county board shall establish a policy prohibiting bullying, harassment, or intimidation at school
based on the model policy.
(2) The policy shall address the components of the model policy specified in subsection (b)(2) of this
section.
(3) A county board shall develop the policy in consultation with representatives of the following groups:
(i) Parents or guardians of students;
(ii) School employees and administrators;
(iii) School volunteers;
(iv) Students; and
(v) Members of the community.
7-424.3. Bullying, harassment and intimidation policy.
(a) (4) "Nonpublic school" means a nonpublic school that participates in State-funded education
programs.
(b) Adoption by nonpublic school. By March 31, 2012, each nonpublic school shall adopt a policy
prohibiting bullying, harassment, and intimidation.
(c) Contents. The policy adopted under subsection (b) of this section shall include:
(1) A statement prohibiting bullying, harassment, and intimidation in the school;
(2) A statement prohibiting reprisal or retaliation against individuals who report acts of bullying,
(3) A definition of bullying, harassment, and intimidation that is either the same as set forth in
subsection (a) of this section or a definition that is not less inclusive than that definition;
(4) Standard consequences and remedial actions for persons committing acts of bullying, harassment,
or intimidation and for persons engaged in reprisal or retaliation, including:
(i) Specific penalties for persons who repeatedly commit acts of bullying, harassment, or intimidation;
and
(ii) A requirement that persons who commit acts of bullying, harassment, or intimidation receive
educational and therapeutic services concerning bullying prevention;
(5) Standard consequences and remedial actions for persons found to have made false accusations;
(6) Standard procedures for reporting acts of bullying, harassment, or intimidation, including a chain of
command in the reporting process;
(7) Standard procedures for the prompt investigation of acts of bullying, harassment, or intimidation;
Page 4
(8) Standard procedures for protecting victims of bullying, harassment, or intimidation from additional
acts of bullying, harassment, or intimidation, and from retaliation; and
(9) Information about the types of support services available to a student bully or victim and any
bystanders.
(d) Consultation with groups. A nonpublic school is encouraged to develop the policy adopted under
subsection (b) of this section in consultation with the following groups:
(1) Parents or guardians of students;
(2) School employees and administrators;
(3) School volunteers; and
(4) Students.
7-1102. Appointment of task force.
(a) In general. The State Superintendent shall appoint a task force to propose regulations to the State
Board regarding student behavior intervention practices. (c). Issues for consideration. The task force shall
consider:
(7) Appropriate behavioral interventions, including but not limited to crisis intervention and prevention
techniques; (8) Definitions of "positive behavioral supports" and "behavior interventions and strategies
plan"; etc.
7-1103. Development of policies and procedures.
Each local school system, State operated program, and nonpublic school shall develop policies and
procedures in compliance with this subtitle and the regulations adopted by the Department.
Scope
STATUTES
7-424. Reporting incidents of harassment or intimidation against students.
(a) Definitions.(2) "Bullying, harassment, or intimidation" means intentional conduct, including verbal, physical, or
written conduct, or an intentional electronic communication, that:
(i) Creates a hostile educational environment by substantially interfering with a student's educational
benefits, opportunities, or performance, or with a student's physical or psychological well-being and is:
1. Motivated by an actual or a perceived personal characteristic including race, national origin,
marital status, sex, sexual orientation, gender identity, religion, ancestry, physical attributes,
socioeconomic status, familial status, or physical or mental ability or disability; or
2. Threatening or seriously intimidating; and
(ii) 1. Occurs on school property, at a school activity or event, or on a school bus; or
2. Substantially disrupts the orderly operation of a school.
(a) Definitions.(2) "Bullying, harassment, or intimidation" means intentional conduct, including verbal, physical, or
Page 5

(a) (2) "Bullying, harassment, and intimidation" means any intentional written, verbal, or physical act,
including an electronic communication, that:
STATUTES
conduct and consequences for violations of the standards; and (2) Assist each county board with the
implementation of the guidelines.
7-308. Searches of students and schools.
(d) Authority to search school.(2) The right of the school official to search the locker shall be announced or published previously in the
school.
(d) Publication of policy. Each county board shall publicize its policy in student handbooks, school system
websites, and any other location or venue the county board determines is necessary or appropriate.
(e) Publication. A nonpublic school is encouraged to publicize the policy adopted under subsection (b) of
this section in student handbooks, on the school's website, and any other location or venue the school
determines is necessary or appropriate.
Page 6

STATUTES
7-305. Suspension and expulsion [Amendment subject to contingent abrogation].
(e) Returning to school premises or classroom.(4) (i) If a student has been suspended or expelled, the principal or a designee of the principal may not
return the student to the classroom without conferring with the teacher who referred the student to the
principal, if the student was referred by a teacher, other teachers as appropriate, other appropriate
school personnel, the student, and the student's parent or guardian.
(ii) If the disruptive behavior results in action less than suspension, the principal or a designee of the
principal shall confer with the teacher who referred the student to the principal prior to returning the
student to that teacher's classroom.
ADMINISTRATIVE CODE
13A.08.04.02.02. Definitions.
A. In this chapter, the following terms have the meanings indicated.
(4) "Exclusion" means the removal of a student to a supervised area for a limited period of time during
which the student has an opportunity to regain self-control and is not receiving instruction including
special education, related services, or support.
13A.08.04.03.03. Student Behavior Interventions.
A. General. School personnel are encouraged to use an array of positive behavior interventions,
strategies, and supports to increase or decrease targeted student behaviors.
B. School personnel shall only use exclusion, restraint, or seclusion:
(1) After less restrictive or alternative approaches have been considered, and:
(a) Attempted; or
(b) Determined to be inappropriate;
(2) In a humane, safe, and effective manner;
(3) Without intent to harm or create undue discomfort; and
(4) Consistent with known medical or psychological limitations and the student's behavioral intervention
plan.
C. This chapter does not prohibit:
(1) School personnel from initiating appropriate student disciplinary actions pursuant to Education
Article 7-305, Annotated Code of Maryland, COMAR 13A.08.01.11, and COMAR 13A.08.03; or
(2) Law enforcement, judicial authorities, or school security personnel from exercising their
responsibilities, including the physical detainment of a student or other person alleged to have
Page 7
committed a crime or posing a security risk in accordance with relevant law, regulation, policy, or
procedures.
13A.08.04.04.04. Use of Exclusion.
A. School personnel may use exclusion to address a student's behavior:
(1) If the student's behavior unreasonably interferes with the student's learning or the learning of others;
(2) If the student's behavior constitutes an emergency and exclusion is necessary to protect a student
or other person from imminent, serious, physical harm after other less intrusive, nonphysical
interventions have failed or been determined inappropriate;
(3) If exclusion is requested by the student; or
(4) If supported by the student's behavior intervention plan.
B. A setting used for exclusion shall:
(1) Provide school personnel with the ability to see the student at all times;
(2) Provide adequate lighting, ventilation, and furnishings; and
(3) Be unlocked and free of barriers to prevent egress.
C. School personnel shall monitor a student placed in exclusion and provide a student in exclusion with:
(1) An explanation of the behavior that resulted in the removal; and
(2) Instructions on the behavior required to return to the learning environment.
D. School personnel shall ensure that each period of exclusion:
(1) Is appropriate to the developmental level of the student and the severity of the behavior; and
(2) Does not exceed 30 minutes.
E. Parents and school personnel may at any time request a meeting to address the use of exclusion and
to:
(1) Conduct a functional behavioral assessment; and
(2) Develop, review, or revise a student's behavioral intervention plan.
F. School personnel shall consider the need to initiate a referral to a pupil services or IEP team if a
nondisabled student has experienced excessive exclusion, to determine if the student has a disability that
may require the provision of special education and related services, in accordance with COMAR
13A.05.01.
G. School personnel shall ensure the implementation of appropriate procedures, in accordance with
COMAR 13A.08.03, if a student with a disability has experienced an excessive period of exclusion that
may result in a change of placement.
STATUTES
Board regarding student behavior intervention practices.
(c). Issues for consideration. The task force shall consider:
techniques;
(8) Definitions of "positive behavioral supports" and "behavior interventions and strategies plan"; etc.
Page 8

STATUTES
(a) Corporal punishment prohibited. Notwithstanding any bylaw, rule, or regulation made or approved by
the State Board, a principal, vice principal, or other employee may not administer corporal punishment to
discipline a student in a public school in the State.
(c) Regulations.
(1) Subject to the provisions of subsections (a) and (b) of this section, each county board shall adopt
conferencing; and

STATUTES
7-308. Searches of students and schools.
(a) Authority to search student. A principal, assistant principal, or school security guard of a public school
may make a reasonable search of a student on the school premises or on a school-sponsored trip if the
searcher has a reasonable belief that the student has in the student's possession an item, the possession
of which is a criminal offense under the laws of this State or a violation of any other State law or a rule or
regulation of the county board.
(b) Authority to search student. By teacher.
(1) Subject to the provisions of paragraph (2) of this subsection, a county board may authorize a
teacher of a public school to make a reasonable search of a student on a school-sponsored trip if the
teacher has a reasonable belief that the student has in the student's possession an item, the
possession of which is a criminal offense under the laws of this State or a violation of any other State
law or a rule or regulation of the county board.
(2) To qualify to conduct a search under this subsection, a teacher shall be designated in writing by a
principal and receive training to conduct a search commensurate with the training received by a
principal.
(c) Presence of third party required. A search under subsection (a) or (b) of this section shall be made in
the presence of a third party.
(d) Authority to search school.
(1) A principal, assistant principal, or school security guard of a public school may make a search of the
physical plant of the school and its appurtenances including the lockers of students.
(2) The right of the school official to search the locker shall be announced or published previously in the
school.
(e) Rules and regulations. The Department shall adopt rules and regulations relating to the searches
permitted under this section.
Page 9

STATUTES
(c) Regulations.
conferencing; and
Page 10

STATUTES
(a) Suspension for not more than 10 school days.
(1) Except as provided in subsection (b) of this section, in accordance with the rules and regulations of
the county board, each principal of a public school may suspend for cause, for not more than 10 school
days, any student in the school who is under the direction of the principal.
(c) Suspension for more than 10 school days or expulsion. At the request of a principal, a county
superintendent may suspend a student for more than 10 school days or expel the student.

STATUTES
(f) Bringing a firearm onto school property.
(1) In this subsection, "firearm" means a firearm as defined in 18 U.S.C. 921.
(2) Except as provided in paragraph (3) of this subsection, if the county superintendent or the
superintendent's designated representative finds that a student has brought a firearm onto school
property, the student shall be expelled for a minimum of 1 year.

STATUTES
(a) Suspension for not more than 10 school days.
(1) Except as provided in subsection (b) of this section, in accordance with the rules and regulations of
the county board, each principal of a public school may suspend for cause, for not more than 10 school
days, any student in the school who is under the direction of the principal.
(b) Suspension and expulsion procedures for attendance-related offenses.
(1) Except as provided in paragraph (2) of this subsection, a student may not be suspended or expelled
from school solely for attendance-related offenses.
(2) Paragraph (1) of this subsection does not apply to in-school suspensions for attendance-related
offenses.
(c) Suspension for more than 10 school days or expulsion. At the request of a principal, a county
superintendent may suspend a student for more than 10 school days or expel the student.
(g) Students with disabilities.
Page 11
(1) The discipline of a child with a disability, including the suspension, expulsion, or interim alternative
placement of the child for disciplinary reasons, shall be conducted in conformance with the
requirements of the Individuals with Disabilities Education Act of the United States Code.
(2) If a child with a disability is being considered for suspension or expulsion, the child or the child's
parent or guardian shall be given a community resources list attached to the procedural safeguards
notice required by regulation of the State Board.

STATUTES
(a) Suspension for not more than 10 school days.(2) The student or the student's parent or guardian promptly shall be given a conference with the
principal and any other appropriate personnel during the suspension period.
(3) The student or the student's parent or guardian promptly shall be given a community resources list
provided by the county board in accordance with 7-310 of this subtitle.
(d) Procedure for more than 10-day suspension or expulsion.
(1) If a principal finds that a suspension of more than 10 school days or expulsion is warranted, the
principal immediately shall report the matter in writing to the county superintendent.
(2) The county superintendent or the county superintendent's designated representative promptly shall
make a thorough investigation of the matter.
(3) If after the investigation the county superintendent finds that a longer suspension or expulsion is
warranted, the county superintendent or the county superintendent's designated representative
promptly shall arrange a conference with the student and his parent or guardian.
(4) The student or the student's parent or guardian promptly shall be given a community resources list
provided by the county board in accordance with 7-310 of this subtitle.
(5) If after the conference the county superintendent or the county superintendent's designated
representative finds that a suspension of more than 10 school days or expulsion is warranted, the
student or the student's parent or guardian may:
(i) Appeal to the county board within 10 days after the determination;
(ii) Be heard before the county board, its designated committee, or a hearing examiner, in accordance
with the procedures established under 6-203 of this article; and
(iii) Bring counsel and witnesses to the hearing.
(6) Unless a public hearing is requested by the parent or guardian of the student, a hearing shall be
held out of the presence of all individuals except those whose presence is considered necessary or
desirable by the board.
(7) The appeal to the county board does not stay the decision of the county superintendent.
(8) The decision of the county board is final.
(c) Regulations.
Page 12

conferencing; and
STATUTES
(b) Suspension and expulsion procedures for attendance-related offenses.(1) Except as provided in paragraph (2) of this subsection, a student may not be suspended or expelled
from school solely for attendance-related offenses.
(2) Paragraph (1) of this subsection does not apply to in-school suspensions for attendance-related
offenses.
(c) Regulations.(2) The regulations adopted by a county board under this subsection:
conferencing; and

STATUTES
(e) Returning to school premises or classroom.
(1) Any student expelled or suspended from school:
(i) Shall remain away from the school premises during those hours each school day when the school
the student attends is in session; and
(ii) May not participate in school sponsored activities.
(2) The expelled or suspended student may return to the school premises during the prohibited hours
only for attendance at a previously scheduled appointment, and if the student is a minor then only if
accompanied by his parent or guardian.
(3) Any person who violates paragraph (1) or (2) of this subsection is guilty of a misdemeanor and on
conviction is subject to a fine not exceeding $ 100 for each violation.
(4) (i) If a student has been suspended or expelled, the principal or a designee of the principal may not
return the student to the classroom without conferring with the teacher who referred the student to the
principal, if the student was referred by a teacher, other teachers as appropriate, other appropriate
school personnel, the student, and the student's parent or guardian.
Page 13
(ii) If the disruptive behavior results in action less than suspension, the principal or a designee of the
principal shall confer with the teacher who referred the student to the principal prior to returning the
student to that teacher's classroom.
(5) A county superintendent may deny attendance to any student who is currently expelled from another
school system for a length of time equal to that expulsion.
(6) A school system shall forward information to another school system relating to the discipline of a
student, including information on an expulsion of the student, on receipt of the request for information.

ADMINISTRATIVE CODE
13A.08.04.02.02. Definitions.
A. In this chapter, the following terms have the meanings indicated.
(4) "Exclusion" means the removal of a student to a supervised area for a limited period of time during
which the student has an opportunity to regain self-control and is not receiving instruction including
special education, related services, or support.
(a) "Mechanical restraint" means any device or material attached or adjacent to the student's body
that restricts freedom of movement or normal access to any portion of the student's body and that the
student cannot easily remove.
(b) "Mechanical restraint" does not include a protective or stabilizing device.
(a) "Physical restraint" means the use of physical force, without the use of any device or material, that
restricts the free movement of all or a portion of a student's body.
(b) "Physical restraint" does not include:
(i) Briefly holding a student to calm or comfort the student;
(ii) Holding a student's hand or arm to escort the student safely from one area to another;
(iii) Moving a disruptive student who is unwilling to leave the area if other methods such as
counseling have been unsuccessful; or
(iv) Intervening in a fight in accordance with Education Article 7-307, Annotated Code of Maryland.
(13) Protective or Stabilizing Device.
(a) "Protective or stabilizing device" means any device or material attached or adjacent to the
student's body that restricts freedom of movement or normal access to any portion of the student's
body for the purpose of enhancing functional skills, preventing self-injurious behavior, or ensuring
safe positioning of a person.
(b) "Protective or stabilizing device" includes:
(i) Adaptive equipment prescribed by a health professional, if used for the purpose for which the
device is intended by the manufacturer;
(ii) Seat belts; or
(iii) Other safety equipment to secure students during transportation in accordance with the public
agency or nonpublic school transportation plan.
(15) "Restraint" means the use of a physical or mechanical restraint.
Page 14

B. School personnel shall only use exclusion, restraint, or seclusion:
(1) After less restrictive or alternative approaches have been considered, and:
(a) Attempted; or
(b) Determined to be inappropriate;
(2) In a humane, safe, and effective manner;
(3) Without intent to harm or create undue discomfort; and
(4) Consistent with known medical or psychological limitations and the student's behavioral intervention
plan.
C. This chapter does not prohibit:
(1) School personnel from initiating appropriate student disciplinary actions pursuant to Education
Article 7-305, Annotated Code of Maryland, COMAR 13A.08.01.11, and COMAR 13A.08.03; or
(2) Law enforcement, judicial authorities, or school security personnel from exercising their
committed a crime or posing a security risk in accordance with relevant law, regulation, policy, or
procedures.
13A.08.04.05.05. General Requirements for the Use of Restraint or Seclusion.
A. Use of Restraint.
(a) The use of physical restraint is prohibited in public agencies and nonpublic schools, unless:
(i) There is an emergency situation and physical restraint is necessary to protect a student or other
person from imminent, serious, physical harm after other less intrusive, nonphysical interventions
have failed or been determined inappropriate;
(ii) The student's behavioral intervention plan or IEP describes the specific behaviors and
circumstances in which physical restraint may be used; or
(iii) The parents of a nondisabled student have otherwise provided written consent to the use of
physical restraints while a behavior intervention plan is being developed.
(b) Physical restraint shall be applied only by school personnel who are trained in the appropriate use
of physical restraint consistent with Regulation .06C of this chapter.
(c) In applying physical restraint, school personnel shall only use reasonable force as is necessary to
protect a student or other person from imminent, serious, physical harm.
(d) Physical restraint:
(i) Shall be removed as soon as the student is calm; and
(ii) May not exceed 30 minutes.
(e) In applying physical restraint, school personnel may not:
(i) Place a student in a face down position;
(ii) Place a student in any other position that will obstruct a student's airway or otherwise impair a
student's ability to breathe, obstruct a staff member's view of a student's face, restrict a student's
ability to communicate distress, or place pressure on a student's head, neck, or torso; or
(iii) Straddle a student's torso.
Page 15

(a) The use of mechanical restraint is prohibited in public agencies and nonpublic schools unless a
public agency or nonpublic school is certified by and meets the requirements of the Joint Commission
for the Accreditation of Health Care Organizations.
(b) Regulation .04 of this chapter does not prohibit school personnel from using a protective or
stabilizing device:
(i) As prescribed by a health professional; or
(ii) For a student with a disability, in accordance with the student's IEP or behavior intervention plan.
(3) Documentation of the Use of Restraint.
(a) Each time a student is in a restraint, school personnel shall document:
(i) Other less intrusive interventions that have failed or been determined inappropriate;
(ii) The precipitating event immediately preceding the behavior that prompted the use of restraint;
(iii) The behavior that prompted the use of a restraint;
(iv) The names of the school personnel who observed the behavior that prompted the use of
restraint; and
(v) The names and signatures of the staff members implementing and monitoring the use of
restraint.
(b) Documentation under A(3) of this regulation shall include a description of the restraint event,
including:
(i) The type of restraint;
(ii) The length of time in restraint;
(iii) The student's behavior and reaction during the restraint; and
(iv) The name and signature of the administrator informed of the use of restraint.
(4) The documentation described in A(3) of this regulation shall be maintained in the student's
educational record and available for inspection by the student's parent or legal guardian in accordance
with COMAR 13A.08.02.
(5) Each time restraint is used, parents shall be provided oral or written notification within 24 hours,
unless otherwise provided for in a student's behavior intervention plan or IEP.
B. Use of Seclusion.
(1) The use of seclusion is prohibited in public agencies and nonpublic schools unless:
(a) There is an emergency situation and seclusion is necessary to protect a student or another person
after other less intrusive interventions have failed or been determined to be inappropriate;
(b) The student's IEP or behavioral intervention plan describes the specific behaviors and
circumstances in which seclusion may be used; or
(c) The parents of a nondisabled student have otherwise provided written consent for the use of
seclusion while a behavior intervention plan is being developed.
(2) Seclusion Room.
(a) At a minimum, a room used for seclusion shall:
(i) Be free of objects and fixtures with which a student could self-inflict bodily harm;
(ii) Provide school personnel an adequate view of the student from an adjacent area; and
(iii) Provide adequate lighting and ventilation.
(3) School personnel shall:
Page 16
(a) View a student placed in seclusion at all times; and

(b) Provide a student placed in seclusion with:
(i) An explanation of the behavior that resulted in the removal; and
(ii) Instructions on the behavior required to return to the learning environment.
(4) Seclusion shall only be applied by school personnel trained in the appropriate use of seclusion
consistent with Regulation .06C of this chapter.
(5) A seclusion event:
(a) Shall be appropriate to the student's developmental level and severity of the behavior;
(b) May not restrict the student's ability to communicate distress; and
(c) May not exceed 30 minutes.
(6) Documentation of Seclusion.
(a) Each time a student is placed in seclusion, school personnel shall document:
(ii) The precipitating event immediately preceding the behavior that prompted the use of seclusion;
(iii) The behavior that prompted the use of seclusion; and
(iv) The names and signatures of the staff members implementing and monitoring the seclusion.
(b) The documentation under B(6) of this regulation shall include a description of the seclusion
event, including:
(i) Justification for initiating the use of seclusion;
(ii) The length of time in seclusion;
(iii) The student's behavior and reaction during the seclusion; and
(iv) The name and signature of the administrator informed of the use of seclusion.
(7) The documentation described in B(6) of this regulation shall be maintained in the student's
(8) Unless otherwise provided for in the student's behavior intervention plan or IEP, each time seclusion
is used, school personnel shall provide the student's parent with verbal notification or send written
notice within 24 hours.
C. Referral to a Pupil Services or IEP Team.
(1) If restraint or seclusion is used for a student who has not been identified as a student with a
disability, the student shall immediately be referred to the school's pupil services team or an IEP team.
(2) If restraint or seclusion is used for a student with a disability, and the student's IEP or behavior
intervention plan does not include the use of restraint or seclusion, the IEP team shall meet, in
accordance with COMAR 13A.08.03, within 10 business days of the incident to consider:
(a) The need for a functional behavioral assessment;
(b) Developing appropriate behavioral interventions; and
(c) Implementing a behavioral intervention plan.
(3) If restraint or seclusion is used for a student with a disability, and the IEP or behavior intervention
plan includes the use of restraint or seclusion, the student's IEP or behavior intervention plan shall
specify how often the IEP team shall meet to review or revise, as appropriate, the student's IEP or
behavior intervention plan, in accordance with COMAR 13A.05.01 and 13A.08.03.
Page 17
(4) When an IEP team meets to review or revise a student's IEP or behavior intervention plan, as
specified in C(3) of this regulation, the IEP team shall consider:
(a) Existing health, physical, psychological, and psychosocial information;
(b) Information provided by the parent;
(c) Observations by teachers and related service providers; and
(d) The student's current placement.
(5) The local school system or nonpublic school shall provide the parent of the student with written
notice in accordance with COMAR 13A.05.01.12A when an IEP team proposes or refuses to initiate or
change the student's IEP or behavior intervention plan that includes the use of restraint or seclusion,
(6) A parent may request mediation in accordance with COMAR 13A.05.01.15B or a due process
hearing in accordance with COMAR 13A.05.01.15C if the parent disagrees with the IEP team decision
to propose or refuse to initiate or change:
(a) The student's IEP;
(b) The student's behavior intervention plan to use restraint or seclusion; or
(c) The student's placement.
13A.08.04.06.06. Administrative Procedures.
A. Each public agency and nonpublic school shall develop policies and procedures to address:
(1) A continuum of positive behavioral interventions, strategies, and supports for use by school
personnel before exclusion, restraint, or seclusion;
(2) The prevention of self-injurious behaviors;
(3) Methods for identifying and defusing potentially dangerous behavior;
(4) The use and documentation of exclusion consistent with Regulation .04 of this chapter;
(5) The use of restraint consistent with Regulation .05A of this chapter; and
(6) The use of seclusion consistent with Regulation .05B of this chapter.
B. Each public agency and nonpublic school shall annually review policies and procedures and provide
them to school personnel and parents as described in COMAR 13A.08.01.
C. Professional Development.
(1) Each public agency and nonpublic school shall provide professional development to designated
school personnel on this chapter and the appropriate implementation of policies and procedures
developed in accordance with A of this regulation.
(2) At the beginning of each school year, each public agency and nonpublic school shall identify school
personnel authorized to serve as a school-wide resource to assist in ensuring proper administration of
exclusion, restraint, and seclusion.
(3) The school personnel described in C(2) of this regulation shall receive training in current
professionally accepted practices and standards regarding:
(a) Positive behavior interventions strategies and supports, including methods for identifying and
defusing potentially dangerous behavior;
(b) Functional behavior assessment and behavior intervention planning;
(c) Exclusion;
(d) Restraint and alternatives to restraint;
(e) Seclusion; and
(f) Symptoms of physical distress and positional asphyxia.
Page 18
(4) The professional development described in C(3) of this regulation shall include a written
examination and physical demonstration of proficiency in the described skills and competencies.
D. Monitoring and Compliance.
(1) Each public agency and nonpublic school shall develop policies and procedures on:
(a) Monitoring the use of exclusion, restraint, and seclusion; and
(b) Receiving and investigating complaints regarding exclusion, restraint, and seclusion practices.
(2) The Department may monitor and request any information regarding any matter related to exclusion,
restraint, or seclusion implemented by a public agency or nonpublic school. The Department shall
provide written notice of the requested information and specify the time and the manner in which the
public agency or nonpublic school shall respond to the request.
STATUTES
(f) Bringing a firearm onto school property.(3) The county superintendent may specify, on a case by case basis, a shorter period of expulsion or an
alternative educational setting, if alternative educational settings have been approved by the county
board, for a student who has brought a firearm onto school property.
Page 19

Conditions
STATUTES
4-102. Deadly weapons on school property.
(a) Exceptions. This section does not apply to:
(1) a law enforcement officer in the regular course of the officer's duty;
(2) a person hired by a county board of education specifically for the purpose of guarding public school
property;
(3) a person engaged in organized shooting activity for educational purposes; or
(4) a person who, with a written invitation from the school principal, displays or engages in a historical
demonstration using a weapon or a replica of a weapon for educational purposes.
(b) Prohibited. A person may not carry or possess a firearm, knife, or deadly weapon of any kind on
public school property.
(c) Penalty.
(1) Except as provided in paragraph (2) of this subsection, a person who violates this section is guilty of
a misdemeanor and on conviction is subject to imprisonment not exceeding 3 years or a fine not
exceeding $ 1,000 or both.
(2) A person who is convicted of carrying or possessing a handgun in violation of this section shall be
sentenced under Subtitle 2 of this title.
(f) Bringing a firearm onto school property.
(1) In this subsection, "firearm" means a firearm as defined in 18 U.S.C. 921.
(2) Except as provided in paragraph (3) of this subsection, if the county superintendent or the
superintendent's designated representative finds that a student has brought a firearm onto school
property, the student shall be expelled for a minimum of 1 year.
Other weapons
STATUTES
4-102. Deadly weapons on school property.
(a) Exceptions. This section does not apply to:
(1) a law enforcement officer in the regular course of the officer's duty;
(2) a person hired by a county board of education specifically for the purpose of guarding public school
property;
(3) a person engaged in organized shooting activity for educational purposes; or
(4) a person who, with a written invitation from the school principal, displays or engages in a historical
demonstration using a weapon or a replica of a weapon for educational purposes.
Page 20
(b) Prohibited. A person may not carry or possess a firearm, knife, or deadly weapon of any kind on public
school property.
(c) Penalty.
(1) Except as provided in paragraph (2) of this subsection, a person who violates this section is guilty of
a misdemeanor and on conviction is subject to imprisonment not exceeding 3 years or a fine not
exceeding $ 1,000 or both.
(2) A person who is convicted of carrying or possessing a handgun in violation of this section shall be
sentenced under Subtitle 2 of this title.

STATUTES
7-302. Report of absences and maladjustment.
(b) Investigation; counseling; notice to Department of Juvenile Services. -- On receipt of a report from a
principal or head teacher of a public school that a student has been habitually truant without lawful
excuse, the appropriate representative of the school system:
(1) Shall initiate an investigation into the cause of the child's truancy;
(2) May provide counseling regarding the availability of social, health, and educational services; and
(3) Following the investigation or intervention:
(i) May notify the Department of Juvenile Services that the student has been habitually truant, without
lawful excuse;
(ii) Shall notify the appropriate local department that the student has been habitually truant, without
lawful excuse, if a court has given the notice authorized by 3-819(b-1) of the Courts Article; and
(iii) Shall notify the Department of Juvenile Services that the student has been habitually truant,
without lawful excuse, if a court has given the notice authorized by 3-8A-19(d)(5) of the Courts
Article.

STATUTES
7-301. Compulsory attendance [Subject to amendment effective July 1, 2015; amended version
follows this section.
(b) Excused absences. A county superintendent, school principal, or an individual authorized by the
county superintendent or principal may excuse a student for a lawful absence.
(c) Duty of parent or guardian. Each person who has legal custody or care and control of a child who is 5
years old or older and under 16 shall see that the child attends school or receives instruction as required
by this section.
(e) Penalties.
(1) Any person who induces or attempts to induce a child to absent himself unlawfully from school or
employs or harbors any child who is absent unlawfully from school while school is in session is guilty of
a misdemeanor and on conviction is subject to a fine not to exceed $ 500 or imprisonment not to
exceed 30 days, or both.
Page 21
(2) Any person who has legal custody or care and control of a child who is 5 years old or older and
under 16 who fails to see that the child attends school or receives instruction under this section is guilty
of a misdemeanor and:
(i) For a first conviction is subject to a fine not to exceed $ 50 per day of unlawful absence or
imprisonment not to exceed 10 days, or both; and
(ii) For a second or subsequent conviction is subject to a fine not to exceed $ 100 per day of unlawful
absence or imprisonment not to exceed 30 days, or both.
(3) As to any sentence imposed under this section, the court may suspend the fine or the prison
sentence and establish terms and conditions which would promote the child's attendance. The
suspension authority provided for in this subsection is in addition to and not in limitation of the suspension
authority under 6-221 of the Criminal Procedure Article.
(e-1) Applicability of subsection; charge filed in juvenile court.
(1) This subsection applies only:
(i) In a county in which the circuit administrative judge has established a Truancy Reduction Pilot
Program under 3-8C-02 of the Courts Article; and
(ii) To the extent that funds are provided in an annual State budget for a Truancy Reduction Pilot
Program.
(2) A charge under this section may be filed in the juvenile court and assigned to a truancy docket for
disposition under Title 3, Subtitle 8C of the Courts Article.
(3) (i) For a person with legal custody or care and control of a child at the time of an alleged violation of
this section, it is an affirmative defense to a charge under this section that the person made
reasonable and substantial efforts to see that the child attended school as required by law but was
unable to cause the child to attend school.
(ii) If the court finds the affirmative defense is valid, the court shall dismiss the charge under this
section against the defendant.
(4) The court may condition marking a charge under this section stet on participation of the defendant in
the appropriate Truancy Reduction Pilot Program under Title 3, Subtitle 8C of the Courts Article.
(b) Investigation; counseling; notice to Department of Juvenile Services. -- On receipt of a report from a
(1) Shall initiate an investigation into the cause of the child's truancy;
(2) May provide counseling regarding the availability of social, health, and educational services; and
lawful excuse;
Article.
7-304.1. Positive Behavioral Interventions and Support Program.
(c) Program established Truancy.
Page 22
(1) Subject to paragraph (3) of this subsection, each county board shall require a school that has a
truancy rate that exceeds the standard specified in paragraph (2) of this subsection to implement:
(i) A positive behavioral interventions and support program; or
(ii) An alternative, research-based, positive, and effective behavior modification program in
collaboration with the Department.
(2) A school is subject to this subsection if it has a truancy rate that exceeds:
(i) 8 percent of its enrollment for the 2008-2009 school year;
(ii) 6 percent of its enrollment for the 2009-2010 school year;
(iii) 4 percent of its enrollment for the 2010-2011 school year;
(iv) 2 percent of its enrollment for the 2011-2012 school year; and
(v) 1 percent of its enrollment for the 2012-2013 school year and each school year thereafter.
(3) A school that has already implemented a positive behavioral interventions and support program or a
behavior modification program shall expand its program if it has a truancy rate that exceeds the
standard specified in paragraph (2) of this subsection.
Substance use
STATUTES
5-627. Controlled dangerous substance near school.
(a) Prohibited. A person may not manufacture, distribute, dispense, or possess with intent to distribute a
controlled dangerous substance in violation of 5-602 of this subtitle or conspire to commit any of these
crimes:
(1) in a school vehicle, as defined under 11-154 of the Transportation Article; or
(2) in, on, or within 1,000 feet of real property owned by or leased to an elementary school, secondary
school, or county board and used for elementary or secondary education.
(b) Application of subsection (a). Subsection (a) of this section applies whether or not:
(1) school was in session at the time of the crime; or
(2) the real property was being used for purposes other than school purposes at the time of the crime.
(c) Penalty.
(1) A person who violates this section is guilty of a felony and on conviction is subject to:
(i) for a first violation, imprisonment not exceeding 20 years or a fine not exceeding $ 20,000 or both;
or
(ii) for each subsequent violation, imprisonment not less than 5 years and not exceeding 40 years or a
fine not exceeding $ 40,000 or both.
(2) (i) The court may not suspend the 5-year minimum sentence required by paragraph (1)(ii) of this
subsection.
(ii) Except as otherwise provided in 4-305 of the Correctional Services Article, a person sentenced
under paragraph (1)(ii) of this subsection is not eligible for parole during this period of the 5-year
minimum sentence.
(3) A sentence imposed under paragraph (1) of this subsection shall be consecutive to any other
sentence imposed.
Page 23
(d) Merger. Notwithstanding any other law, a conviction under this section may not merge with a
conviction under 5-602, 5-603, 5-604, 5-605, 5-606, 5-607, 5-608, 5-609, 5-612, 5-613,
or 5-628 of this subtitle.
5-803. School employees.
(a) Making reports.
(1) Whether or not an individual receives compensation for the individual's services, an employee of a
county health department or other local department or agency functioning as a school nurse or school
health aide or a member of the administrative, educational, or support staff of, or an individual who
serves under a contract for services to, any public, private, or parochial school is immune from liability
for:
(i) Making a report required by law, if the individual acts on reasonable grounds;
(ii) Participating in a judicial proceeding that results from the individual's report; and
(iii) Making a report to the appropriate school official or to a parent if the individual has reasonable
grounds to suspect that a student is:
1. Under the influence of alcoholic beverages or a controlled dangerous substance;
2. In possession of alcoholic beverages or a controlled dangerous substance; or
3. Involved in the illegal sale or distribution of alcoholic beverages or a controlled dangerous
substance.
7-412. Preservation of rights of student seeking to overcome drug abuse.
(a) Inadmissibility of statement of student. If a student seeks information to overcome any form of drug
abuse, as defined in 8-101 of the Health - General Article, from a teacher, counselor, principal, or other
professional educator employed by an educational institution that has received a certificate of approval
under 2-206 of this article, a statement, whether oral or written, made by the student or an observation
or conclusion derived from the statement is not admissible against the student in any proceeding.
(b) Rules and regulations may not require disclosure. A rule, regulation, or order may not require
disclosure of any report, statement, observation, conclusion, or other information that has been
assembled or obtained by an educator through this contact.
26-103. Drinking or possessing intoxicating beverages on school premises.
(a) Prohibited conduct.
(1) Unless locally approved by the county board of education, a person may not drink or possess any
alcoholic beverage on the premises of any public school.
(2) A person who drinks or possesses any alcoholic beverage and causes a public disturbance at any
elementary or secondary school athletic contest may not refuse to comply with a request by a law
enforcement officer to stop drinking and causing the public disturbance. If the person complies with the
first request, he may not be charged under this paragraph.
(b) Penalty.
(1) Any person under 18 years of age who violates the provisions of this section shall be issued a
citation and be subject to the dispositions for a violation under Title 3, Subtitle 8A of the Courts Article.
(2) Any person 18 years old or older violating the provisions of this section shall be issued a citation and
be subject to 10-119 of the Criminal Law Article.
Page 24

STATUTES
3-805. Misuse of electronic communication.
(a) "Electronic communication" defined. In this section, "electronic communication" means the
transmission of information, data, or a communication by the use of a computer or any other electronic
means that is sent to a person and that is received by the person.
(b) Prohibited. A person may not maliciously engage in a course of conduct, through the use of electronic
communication, that alarms or seriously annoys another:
(1) with the intent to harass, alarm, or annoy the other;
(2) after receiving a reasonable warning or request to stop by or on behalf of the other; and
(3) without a legal purpose.
(d) Exception. This section does not apply to a peaceable activity intended to express a political view or
provide information to others.
(e) Penalty. A person who violates this section is guilty of a misdemeanor and on conviction is subject to
imprisonment not exceeding 1 year or a fine not exceeding $ 500 or both.
(a) Definitions.
(1) In this section the following words have the meanings indicated.
(2) "Bullying, harassment, or intimidation" means intentional conduct, including verbal, physical, or
benefits, opportunities, or performance, or with a student's physical or psychological well-being and
is:
marital status, sex, sexual orientation, gender identity, religion, ancestry, physical attributes,
(3) "Electronic communication" means a communication transmitted by means of an electronic device,
including a telephone, cellular phone, computer, or pager.
(b) Report required.
(1) The Department shall require a county board to report incidents of bullying, harassment, or
intimidation against students attending a public school under the jurisdiction of the county board.
(2) An incident of bullying, harassment, or intimidation may be reported by:
(i) A student;
(ii) The parent, guardian, or close adult relative of a student; or
(iii) A school staff member.
(c) Contents; distribution.
(1) The Department shall create a standard victim of bullying, harassment, or intimidation report form.
Page 25
(2) Each victim of bullying, harassment, or intimidation report form shall:

(i) Identify the victim and the alleged perpetrator, if known;
(ii) Indicate the age of the victim and alleged perpetrator;
(iii) Describe the incident, including alleged statements made by the alleged perpetrator;
(iv) Indicate the location of the incident;
(v) Identify any physical injury suffered by the victim and describe the seriousness and any permanent
effects of the injury;
(vi) Indicate the number of days a student is absent from school, if any, as a result of the incident;
(vii) Identify any request for psychological services initiated by the victim or the victim's family due to
psychological injuries suffered; and
(viii) Include instructions on how to fill out the form and the mailing address to where the form shall be
sent.
(3) A county board shall distribute copies of the victim of bullying, harassment, or intimidation report
form to each public school under the county board's jurisdiction.
(d) County boards to provide annual summaries of reports to State Board; confidentiality. -(1) Each county board shall submit summaries of report forms filed with the county board to the State
Board on or before January 31 each year.
(2) A county board shall delete any information that identifies an individual.
(e) Confidentiality. The information contained in a victim of bullying, harassment, or intimidation report
form in accordance with subsection (c) of this section:
(1) Is confidential and may not be redisclosed except as otherwise provided under the Family Education
Rights and Privacy Act or this section; and
(2) May not be made a part of a student's permanent educational record.
(f) Departmental reporting to General Assembly.
(1) The Department shall submit a report on or before March 31 each year to the Senate Education,
Health, and Environmental Affairs Committee and the House Ways and Means Committee, in
accordance with 2-1246 of the State Government Article, consisting of a summary of the information
included in the victim of bullying, harassment, or intimidation report forms filed with the county boards
the previous year.
(2) The report submitted by the Department shall include, to the extent feasible:
(i) A description of the act constituting the bullying, harassment, or intimidation;
(ii) The age of the victim and alleged perpetrator;
(iii) The allegation of the alleged perpetrator's motive;
(iv) A description of the investigation of the complaint and any corrective action taken by the
appropriate school authorities;
(v) The number of days a student is absent from school, if any, as a result of the incident; and
(vi) The number of false allegations reported.
(a) Definitions.
(2) "Bullying, harassment, or intimidation" means intentional conduct, including verbal, physical, or
Page 26
benefits, opportunities, or performance, or with a student's physical or psychological well-being and
is:
marital status, sex, sexual orientation, gender identity, religion, ancestry, physical attribute,
(b) In general.
(1) By March 31, 2009, the State Board, after consultation with and input from local school systems,
shall develop a model policy prohibiting bullying, harassment, or intimidation in schools.
(2) The model policy developed under paragraph (1) of this subsection shall include:
(i) A statement prohibiting bullying, harassment, and intimidation in schools;
(ii) A statement prohibiting reprisal or retaliation against individuals who report acts of bullying,
(iii) A definition of bullying, harassment, or intimidation that is either the same as set forth in
subsection (a)(2) of this section or a definition that is not less inclusive than that definition;
(iv) Standard consequences and remedial actions for persons committing acts of bullying,
harassment, or intimidation and for persons engaged in reprisal or retaliation;
(v) Standard consequences and remedial actions for persons found to have made false accusations;
(vi) Model procedures for reporting acts of bullying, harassment, and intimidation;
(vii) Model procedures for the prompt investigation of acts of bullying, harassment, and intimidation;
(viii) Information about the types of support services available to the student bully, victim, and any
bystanders; and
(ix) Information regarding the availability and use of the bullying, harassment, or intimidation form
under 7-424 of this subtitle.
(c) Development of policy by county boards.
(1) Each county board shall establish a policy prohibiting bullying, harassment, or intimidation at school
based on the model policy.
(2) The policy shall address the components of the model policy specified in subsection (b)(2) of this
section.
(3) A county board shall develop the policy in consultation with representatives of the following groups:
(i) Parents or guardians of students;
(ii) School employees and administrators;
(iii) School volunteers;
(iv) Students; and
(v) Members of the community.
(d) Publication of policy. Each county board shall publicize its policy in student handbooks, school system
websites, and any other location or venue the county board determines is necessary or appropriate.
Page 27
(e) Reporting procedure. Each county board policy shall include information on the procedure for
reporting incidents of bullying, harassment, or intimidation, including:
(1) A chain of command in the reporting process; and
(2) The name and contact information for an employee of the Department, designated by the
Department, who is familiar with the reporting and investigation procedures in the applicable school
system.
(f) Submission of policy. Each county board shall submit its policy to the State Superintendent by July 1,
2009.
(g) Educational programs. Each county board shall develop the following educational programs in its
efforts to prevent bullying, harassment, and intimidation in schools:
(1) An educational bullying, harassment, and intimidation prevention program for students, staff,
volunteers, and parents; and
(2) A teacher and administrator development program that trains teachers and administrators to
implement the policy.
(h) Limitation of liability.
(1) A school employee who reports an act of bullying, harassment, or intimidation under this section in
accordance with the county board's policy established under subsection (c) of this section is not civilly
liable for any act or omission in reporting or failing to report an act of bullying, harassment, or
intimidation under this section.
(2) The provisions of this section may not be construed to limit the legal rights of a victim of bullying,
harassment, or intimidation.
(a) Definitions.
(2) "Bullying, harassment, and intimidation" means any intentional written, verbal, or physical act,
including an electronic communication, that:
(i) 1. Physically harms an individual;
2. Damages an individual's property;
3. Substantially interferes with an individual's education or learning environment; or
4. Places an individual in reasonable fear of harm to the individual's person or property; and
(4) "Nonpublic school" means a nonpublic school that participates in State-funded education programs.
(b) Adoption by nonpublic school. By March 31, 2012, each nonpublic school shall adopt a policy
prohibiting bullying, harassment, and intimidation.
(c) Contents. The policy adopted under subsection (b) of this section shall include:
(1) A statement prohibiting bullying, harassment, and intimidation in the school;
(2) A statement prohibiting reprisal or retaliation against individuals who report acts of bullying,
Page 28
(3) A definition of bullying, harassment, and intimidation that is either the same as set forth in
subsection (a) of this section or a definition that is not less inclusive than that definition;
(4) Standard consequences and remedial actions for persons committing acts of bullying, harassment,
or intimidation and for persons engaged in reprisal or retaliation, including:
(i) Specific penalties for persons who repeatedly commit acts of bullying, harassment, or intimidation;
and
(ii) A requirement that persons who commit acts of bullying, harassment, or intimidation receive
educational and therapeutic services concerning bullying prevention;
(5) Standard consequences and remedial actions for persons found to have made false accusations;
(6) Standard procedures for reporting acts of bullying, harassment, or intimidation, including a chain of
command in the reporting process;
(7) Standard procedures for the prompt investigation of acts of bullying, harassment, or intimidation;
(8) Standard procedures for protecting victims of bullying, harassment, or intimidation from additional
acts of bullying, harassment, or intimidation, and from retaliation; and
(9) Information about the types of support services available to a student bully or victim and any
bystanders.
(d) Consultation with groups. A nonpublic school is encouraged to develop the policy adopted under
subsection (b) of this section in consultation with the following groups:
(1) Parents or guardians of students;
(2) School employees and administrators;
(3) School volunteers; and
(4) Students.
(e) Publication. A nonpublic school is encouraged to publicize the policy adopted under subsection (b) of
this section in student handbooks, on the school's website, and any other location or venue the school
determines is necessary or appropriate.
(f) Educational programs. A nonpublic school is encouraged to develop the following educational
programs in its efforts to prevent bullying, harassment, and intimidation:
implement the policy adopted under subsection (b) of this section.
(g) Civil liability. An employee of a nonpublic school who reports an act of bullying, harassment, or
intimidation in accordance with the nonpublic school's policy adopted under subsection (b) of this section
is not civilly liable for any act or omission in reporting or failing to report an act of bullying, harassment, or
intimidation in accordance with the policy.
(h) Construction of provisions. The provisions of this section may not be construed to:
(1) Limit the legal rights of a victim of bullying, harassment, or intimidation; or
(2) Require a statewide policy in nonpublic schools relating to bullying, harassment, and intimidation.
3-607. Hazing.
(a) Prohibited. A person may not recklessly or intentionally do an act or create a situation that subjects a
student to the risk of serious bodily injury for the purpose of an initiation into a student organization of a
school, college, or university.
Page 29
(b) Penalty. A person who violates this section is guilty of a misdemeanor and on conviction is subject to
imprisonment not exceeding 6 months or a fine not exceeding $ 500 or both.
(c) Prohibited defense. The implied or express consent of a student to hazing is not a defense under this
section.
ADMINISTRATIVE CODE
13A.01.04.03.03. School Safety.
All students in Maryland's public schools, without exception and regardless of race, ethnicity, region,
religion, gender, sexual orientation, language, socioeconomic status, age, or disability, have the right to
educational environments that are:
A. Safe;
B. Appropriate for academic achievement; and
C. Free from any form of harassment.

STATUTES
7-303. Arrest for reportable offense.
(g) Prohibition of student to attend same school or ride the same bus as victim. -(1) Except as otherwise provided in paragraph (2) of this subsection, the local superintendent and the
school principal shall consider prohibiting a student who is arrested for a reportable offense involving
rape or a sexual offense from attending the same school or riding on the same school bus as the
alleged victim of the reportable offense if such action is necessary or appropriate to protect the physical
or psychological well-being of the alleged victim.
(2) If a student is arrested for a reportable offense involving rape or a sexual offense and is convicted of
or adjudicated delinquent for the rape or sexual offense, the student may not attend the same school or
ride on the same school bus as the victim.
(h) Restitution for damage to school property.
(1) This subsection does not apply if the student is referred to the Department of Juvenile Services.
(2) If a student violates a State or local law or regulation and during or as a result of the commission of
that violation damaged, destroyed, or substantially decreased the value of school property or property
of another that was on school property at the time of the violation, as part of a conference on the matter
with the student, the student's parent or guardian and any other appropriate person, the principal shall
require the student or the student's parent to make restitution.
(3) The restitution may be in the form of monetary restitution not to exceed the lesser of the fair market
value of the property or $ 2,500, or the student's assignment to a school work project, or both.
Page 30

Prevention
STATUTES
(a) Purpose of section. The purpose of this section is to require each county board of education to provide
a continuum model of prevention and intervention activities and programs that encourage and promote
positive behavior and reduce disruption.
(g) Educational programs. Each county board shall develop the following educational programs in its
efforts to prevent bullying, harassment, and intimidation in schools:
implement the policy.
(f) Educational programs. A nonpublic school is encouraged to develop the following educational
programs in its efforts to prevent bullying, harassment, and intimidation:
implement the policy adopted under subsection (b) of this section.
Board regarding student behavior intervention practices. (c). Issues for consideration. The task force shall
consider:
techniques;

STATUTES
(a) Purpose of section. The purpose of this section is to require each county board of education to provide
a continuum model of prevention and intervention activities and programs that encourage and promote
positive behavior and reduce disruption.
Page 31
7-304.1. Positive Behavioral Interventions and Support Program.

(a) "Positive Behavioral Interventions and Support Program" defined. In this section, "Positive Behavioral
Interventions and Support Program" means the research-based, systems approach method adopted by
the State Board to build capacity among school staff to adopt and sustain the use of positive, effective
practices to create learning environments where teachers can teach and students can learn.
(b) Program established. Suspension.
(1) Subject to paragraph (3) of this subsection, each county board shall require an elementary school
that has a suspension rate that exceeds the standard specified in paragraph (2) of this subsection to
implement:
(ii) An alternative behavior modification program in collaboration with the Department.
(2) An elementary school is subject to this subsection if it has a suspension rate that exceeds:
(3) An elementary school that has already implemented a positive behavioral interventions and support
program or a behavior modification program shall expand its existing program if it has a suspension
rate that exceeds the standard specified in paragraph (2) of this subsection.
(c) Program established. Truancy.
(1) Subject to paragraph (3) of this subsection, each county board shall require a school that has a
truancy rate that exceeds the standard specified in paragraph (2) of this subsection to implement:
(ii) An alternative, research-based, positive, and effective behavior modification program in
collaboration with the Department.
(2) A school is subject to this subsection if it has a truancy rate that exceeds:
(3) A school that has already implemented a positive behavioral interventions and support program or a
behavior modification program shall expand its program if it has a truancy rate that exceeds the
standard specified in paragraph (2) of this subsection.
(c) Regulations.
Page 32
conferencing; and
7-310. Dissemination of community resources list.
(a) In general. Each county board shall develop and disseminate to each public school within the county
board's jurisdiction a community resources list.
(b) Contents. The community resources list may include the name and contact information of local and
statewide social services and nonprofit health care providers that provide nondiscriminatory services to
children and families in need of assistance.
Board regarding student behavior intervention practices.
(c). Issues for consideration. The task force shall consider:
techniques;
ADMINISTRATIVE CODE
STATUTES
7-1104. Consultation concerning training requirements.
The State Superintendent shall consult with representatives of institutions of higher education and the
Professional Standards and Teacher Education Board under Title 6, Subtitle 7 of this article with respect
to the training requirements for teachers to ensure that sufficient training is available regarding positive
behavioral interventions and strategies consistent with professionally accepted practices and standards
for persons entering the field of education.
Page 33

STATUTES
(a) Making reports.
for:
substance.
(b) Investigation; counseling; notice to Department of Juvenile Services. On receipt of a report from a
lawful excuse;
Article.
(d) Procedure for more than 10-day suspension or expulsion.(1) If a principal finds that a suspension of more than 10 school days or expulsion is warranted, the
(e) Returning to school premises or classroom.(6) A school system shall forward information to another school system relating to the discipline of a
Page 34

(b) Report required.(1) The Department shall require a county board to report incidents of bullying, harassment, or
intimidation against students attending a public school under the jurisdiction of the county board.
(2) An incident of bullying, harassment, or intimidation may be reported by:
(i) A student;
(ii) The parent, guardian, or close adult relative of a student; or
(iii) A school staff member.
(c) Contents; distribution.
(1) The Department shall create a standard victim of bullying, harassment, or intimidation report form.
(2) Each victim of bullying, harassment, or intimidation report form shall:
(i) Identify the victim and the alleged perpetrator, if known;
(ii) Indicate the age of the victim and alleged perpetrator;
(iii) Describe the incident, including alleged statements made by the alleged perpetrator;
(iv) Indicate the location of the incident;
(v) Identify any physical injury suffered by the victim and describe the seriousness and any permanent
effects of the injury;
(vi) Indicate the number of days a student is absent from school, if any, as a result of the incident;
(vii) Identify any request for psychological services initiated by the victim or the victim's family due to
psychological injuries suffered; and
(viii) Include instructions on how to fill out the form and the mailing address to where the form shall be
sent.
(3) A county board shall distribute copies of the victim of bullying, harassment, or intimidation report
(e) Reporting procedure. Each county board policy shall include information on the procedure for
reporting incidents of bullying, harassment, or intimidation, including:
(1) A chain of command in the reporting process; and
(2) The name and contact information for an employee of the Department, designated by the
Department, who is familiar with the reporting and investigation procedures in the applicable school
system.
ADMINISTRATIVE CODE
(iv) The names of the school personnel who observed the behavior that prompted the use of restraint;
and
Page 35
(v) The names and signatures of the staff members implementing and monitoring the use of restraint.
including:
(b) The documentation under B(6) of this regulation shall include a description of the seclusion event,
including:
(8) Unless otherwise provided for in the student's behavior intervention plan or IEP, each time seclusion is
used, school personnel shall provide the student's parent with verbal notification or send written notice
within 24 hours.
ADMINISTRATIVE CODE
(iv) The names of the school personnel who observed the behavior that prompted the use of restraint;
and
Page 36
(v) The names and signatures of the staff members implementing and monitoring the use of restraint.
including:
(b) The documentation under B(6) of this regulation shall include a description of the seclusion event,
including:
(8) Unless otherwise provided for in the student's behavior intervention plan or IEP, each time seclusion is
used, school personnel shall provide the student's parent with verbal notification or send written notice
within 24 hours.

STATUTES
(b) Notification of local superintendent or nonpublic school principal -- Arrest and charges. -- If a student
is arrested for a reportable offense or an offense that is related to the student's membership in a criminal
gang, the law enforcement agency making the arrest:
(1) Shall notify the following individuals of the arrest and the charges within 24 hours of the arrest or as
soon as practicable:
(i) The local superintendent;
(ii) The school principal; and
Page 37
(iii) For a school that has a school security officer, the school security officer; and
(2) May notify the State's Attorney of the arrest and charges.
(c) Notification of local superindendent or nonpublic school principal -- Disposition. -- The State's Attorney
shall promptly notify either the local superintendent or the school principal of the disposition of the
reportable offense required to be reported under subsection (b) of this section.

STATUTES
(d) Information confidential. Except by order of a juvenile court or other court upon good cause shown,
the information obtained by an individual pursuant to subsections (b) and (c) of this section:
(1) Is confidential and may not be redisclosed by subpoena or otherwise except as provided pursuant to
subsections (e) and (f) of this section; and
(2) May not be made part of the student's permanent educational record.
(e) Information confidential. Exception.
(1) Notwithstanding the provisions of subsection (d) of this section, nothing shall prohibit a local
superintendent or school principal from transmitting the information obtained pursuant to subsections
(b) and (c) of this section as a confidential file to the local superintendent of another public school
system in the State or another nonpublic school in the State in which the student has enrolled or been
transferred in order to carry out the purposes of this section if the disposition of the reportable offense
was a conviction or an adjudication of delinquency or the criminal charge or delinquency petition is still
pending.
(2) A local superintendent or school principal who transmits information about a student under this
subsection shall include in the transmittal information regarding any educational programming and
related services provided to the student.
(f) Regulations in limiting use of information. -- The State Board shall adopt regulations to ensure that
information obtained by a local superintendent, a school principal, or a school security officer under
subsections (b), (c), and (e) of this section is:
(1) Used to provide appropriate educational programming and related services to the student and to
maintain a safe and secure school environment for students and school personnel;
(2) Transmitted only to school personnel of the school in which the student is enrolled as necessary to
carry out the purposes set forth in item (1) of this subsection; and
(3) Destroyed when the student graduates or otherwise permanently leaves school or turns 22 years
old, whichever occurs first.
(e) Returning to school premises or classroom.(6) A school system shall forward information to another school system relating to the discipline of a
Page 38

STATUTES
(a) Immediate report required. -- The principal or head teacher of each public or private school in this
State shall report immediately to the county superintendent, the supervisor of pupil personnel, or any
other official designated by the county superintendent the name of each child enrolled in his school who
has been absent or irregular in attendance, without lawful excuse, or who shows evidence of
maladjustment, so that the causes may be studied and solutions worked out.
(c) Student information. -- The county superintendent, the superintendent's designee, or the supervisor of
pupil personnel shall provide to the local education agency information regarding the number of students
identified as being habitually truant.
(b) Report required.(3) A county board shall distribute copies of the victim of bullying, harassment, or intimidation report
(d) County boards to provide annual summaries of reports to State Board; confidentiality.
(1) Each county board shall submit summaries of report forms filed with the county board to the State
Board on or before January 31 each year.
(2) A county board shall delete any information that identifies an individual.
(e) Confidentiality. The information contained in a victim of bullying, harassment, or intimidation report
form in accordance with subsection (c) of this section:
(1) Is confidential and may not be redisclosed except as otherwise provided under the Family Education
Rights and Privacy Act or this section; and
(2) May not be made a part of a student's permanent educational record.
(f) Departmental reporting to General Assembly.
(1) The Department shall submit a report on or before March 31 each year to the Senate Education,
Health, and Environmental Affairs Committee and the House Ways and Means Committee, in
accordance with 2-1246 of the State Government Article, consisting of a summary of the information
included in the victim of bullying, harassment, or intimidation report forms filed with the county boards
the previous year.
(2) The report submitted by the Department shall include, to the extent feasible:
(i) A description of the act constituting the bullying, harassment, or intimidation;
(ii) The age of the victim and alleged perpetrator;
(iii) The allegation of the alleged perpetrator's motive;
(iv) A description of the investigation of the complaint and any corrective action taken by the
appropriate school authorities;
(v) The number of days a student is absent from school, if any, as a result of the incident; and
(vi) The number of false allegations reported.
Page 39

STATUTES
(a) "Baltimore City school police officer" defined. In this section, "Baltimore City school police officer"
means any person who, when acting in an official capacity, is authorized by law to make arrests and who
is a member of the Baltimore City School Police Force.
(b) Established. There is a Baltimore City School Police Force.
(c) Members. The members of the Baltimore City School Police Force shall be employees of and be
appointed by the Baltimore City Board of School Commissioners.
(d) Powers; limitations; carrying a weapon.
(1) Except as provided in paragraph (3) of this subsection, a Baltimore City school police officer has all
the powers of a law enforcement officer in the State.
(2) (i) A Baltimore City school police officer may act in an official capacity only on the premises of
schools and any other property used for educational purposes owned, leased, or operated by, or
under the control of the Baltimore City Board of School Commissioners.
(ii) A Baltimore City school police officer may not act in an official capacity on any other property
unless:
1. Engaged in fresh pursuit of a suspected offender;
2. Requested or authorized to do so by the Police Commissioner of Baltimore City;
3. The exercise of power is necessary to facilitate the orderly flow of traffic to and from property
owned, leased, operated by, or under the control of the Baltimore City School System; or
4. Ordered to do so by the Mayor of Baltimore City.
(3) (i) Notwithstanding any other provision of law, a Baltimore City school police officer whose
permanent or temporary assignment is at a school or on school property may carry a firearm on the
premises of the school to which the officer is assigned before or after regular school hours on school
days and on days other than school days. 26-102. Trespass on the grounds of a public institution of
elementary, secondary, or higher education.
(a) (8) (i) "School security officer" includes a school principal, another school administrator, a law
enforcement officer, or other individual employed by a local school system or a local government who
is designated by the county superintendent or a school principal to help maintain the security and
safety of a school.
(ii) "School security officer" does not include a teacher.
(i) Designation of school security officer. Each public school that enrolls students in grades six through
twelve in the State shall designate at least one school security officer.
7-307. Principals, teachers, and school security guards intervening in fights.
(a) Authority to intervene; degree of force.
Page 40
(1) A principal, teacher, school security guard, or other school system personnel in any public school
may take reasonable action necessary to prevent violence on school premises or on a schoolsponsored trip, including intervening in a fight or physical struggle that takes place in his or her
presence, whether the fight is among students or other individuals.
(2) The degree and force of the intervention may be as reasonably necessary to prevent violence,
restore order and to protect the safety of the combatants and surrounding individuals.
26-102. Trespass on the grounds of a public institution of elementary, secondary, or higher
education.
(a) "School resource officer" defined. In this section, "school resource officer" means a law enforcement
officer as defined under 3-101(e) of the Public Safety Article who has been assigned to a school in
accordance with a memorandum of understanding between the chief of a law enforcement agency as
defined under 3-101(b) of the Public Safety Article and the local education agency.
(b) Denial of access to school grounds. The governing board, president, superintendent, principal, or
school resource officer of any public institution of elementary, secondary, or higher education, or a person
designated in writing by the board or any of these persons, may deny access to the buildings or grounds
of the institution to any other person who:
(1) Is not a bona fide, currently registered student, or staff or faculty member at the institution, and who
does not have lawful business to pursue at the institution;
(2) Is a bona fide, currently registered student at the institution and has been suspended or expelled
from the institution, for the duration of the suspension or expulsion; or
(3) Acts in a manner that disrupts or disturbs the normal educational functions of the institution.
(c) Staff may demand identification. Administrative personnel, authorized employees of any public
institution of elementary, secondary, or higher education, and persons designated in subsection (b) of this
section may demand identification and evidence of qualification from any person who desires to use or
enter the premises of the institution.
(d) Agreement with law enforcement agencies. The governing board of any public institution of
elementary, secondary, or higher education may enter into an agreement with appropriate law
enforcement agencies to carry out the responsibilities of this section when:
(1) The institution is closed; or
(2) None of the persons designated in subsection (b) of this section are present in the buildings or on
the grounds of the institution.
(e) Penalty. A person is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $
1,000, imprisonment not exceeding 6 months, or both if he:
(1) Trespasses on the grounds of any public institution of elementary, secondary, or higher education;
(2) Fails or refuses to leave the grounds of any of these institutions after being requested to do so by a
person designated in subsection (b) of this section as being authorized to deny access to the buildings
or grounds of the institution; or
(3) Willfully damages or defaces any building, furnishing, statue, monument, memorial, tree, shrub,
grass, or flower on the grounds of any of these institutions.
Page 41
STATUTES
(d) Powers; limitations; carrying a weapon.(3) (ii) The Baltimore City Board of School Commissioners shall establish policies to implement the
provisions of subparagraph (i) of this paragraph.
(e) Requirements; standards for performance.
(1) In consultation with the Maryland Police Training Commission, the Civil Service Commission of
Baltimore City shall adopt:
(i) Requirements for education, training, human and public relations skills, and moral character that an
applicant must meet to qualify for employment as a Baltimore City school police officer; and
(ii) Standards for the performance of duties.
(2) Any requirements adopted by the Civil Service Commission on or after July 1, 1991 may not affect
the status of any individual who is a qualified Baltimore City school police officer on that date.
ADMINISTRATIVE CODE
A. Use of Restraint.
(b) Physical restraint shall be applied only by school personnel who are trained in the appropriate use of
physical restraint consistent with Regulation .06C of this chapter.
B. Use of Seclusion.
(4) Seclusion shall only be applied by school personnel trained in the appropriate use of seclusion
consistent with Regulation .06C of this chapter.

STATUTES
7-435. Evaluation of emergency management plans [Section subject to abrogation].
(a) In general. In order to ensure that students in the State have a safe and secure place to learn, on or
before February 1, 2014, each county board shall evaluate the emergency management plan in each
public school under the jurisdiction of the county board, including:
(1) Training activities;
(2) Emergency safety exercises;
(3) School security cameras;
(4) School visitor policies;
(5) School resource officer programs; and
(6) The coordination of emergency management activities, plans, and resources with local, State, and
federal agencies.
Page 42
26-102. Trespass on the grounds of a public institution of elementary, secondary, or higher

education.
(a) "School resource officer" defined. In this section, "school resource officer" means a law enforcement
officer as defined under 3-101(e) of the Public Safety Article who has been assigned to a school in
accordance with a memorandum of understanding between the chief of a law enforcement agency as
defined under 3-101(b) of the Public Safety Article and the local education agency.
Page 43

STATUTES
conduct and consequences for violations of the standards; and
(2) Assist each county board with the implementation of the guidelines.
Page 44
Other/Uncategorized
STATUTES
(a) Making reports.
for:
substance.
7-307. Principals, teachers, and school security guards intervening in fights.
(a) Authority to intervene; degree of force.
(1) A principal, teacher, school security guard, or other school system personnel in any public school
may take reasonable action necessary to prevent violence on school premises or on a schoolsponsored trip, including intervening in a fight or physical struggle that takes place in his or her
presence, whether the fight is among students or other individuals.
(2) The degree and force of the intervention may be as reasonably necessary to prevent violence,
restore order and to protect the safety of the combatants and surrounding individuals.
(b) Compensation for injury and time lost from duties. A principal, teacher, school security guard, or other
school system personnel who is hurt while taking preventive action or intervening in a fight under this
section:
(1) Shall be compensated by the county board for any necessary medical expenses that result directly
from the preventive action or intervention; and
(2) May not lose any compensation for time lost from school duties that results directly from the
preventive action or intervention, but compensation may be reduced by any payments made under the
Maryland Workers' Compensation Act.
(c) Legal counsel; indemnity. In any suit, claim, or criminal charge brought by a parent or other claimant of
one of the combatants against the principal, teacher, school security guard, or other school system
personnel because of the preventive action or intervention, the county board:
(1) Shall provide legal counsel for the principal, teacher, school security guard, or other school system
personnel or may provide reimbursement for the reasonable expenses of the legal defense of any
criminal charge if the county board considers it appropriate; and
Page 45
(2) Shall save the principal, teacher, school security guard, or other school system personnel harmless
from any award or decree against him.
(h) Limitation of liability.(1) A school employee who reports an act of bullying, harassment, or intimidation under this section in
accordance with the county board's policy established under subsection (c) of this section is not civilly
liable for any act or omission in reporting or failing to report an act of bullying, harassment, or intimidation
under this section.
(2) The provisions of this section may not be construed to limit the legal rights of a victim of bullying,
harassment, or intimidation.
(g) Civil liability. An employee of a nonpublic school who reports an act of bullying, harassment, or
intimidation in accordance with the nonpublic school's policy adopted under subsection (b) of this section
is not civilly liable for any act or omission in reporting or failing to report an act of bullying, harassment, or
intimidation in accordance with the policy.
(h) Construction of provisions. The provisions of this section may not be construed to:
(1) Limit the legal rights of a victim of bullying, harassment, or intimidation.

STATUTES
(d) Procedure for more than 10-day suspension or expulsion.(1) If a principal finds that a suspension of more than 10 school days or expulsion is warranted, the
(2) If a child with a disability is being considered for suspension or expulsion, the child or the child's
parent or guardian shall be given a community resources list attached to the procedural safeguards notice
required by regulation of the State Board.
7-310. Dissemination of community resources list.
(a) In general. Each county board shall develop and disseminate to each public school within the county
board's jurisdiction a community resources list.
(b) Contents. The community resources list may include the name and contact information of local and
statewide social services and nonprofit health care providers that provide nondiscriminatory services to
children and families in need of assistance.
Other/Uncategorized
Page 46

School Discipline
resources provided by Maryland provide additional context to state policy and regulations and, in some
Title
Description
Website
No relevant
resources found
Documents
No relevant
resources found
Other Resources
No relevant
resources found
Page 47
Massachusetts
Discipline Laws and
Regulations
Introduction
document.
Notes & Disclaimers

Prepared by:
Child Trends
Table of Contents
Massachusetts State Codes Cited ............................................................................................................ 1
Scope ........................................................................................................................................................ 5
Other weapons ........................................................................................................................................ 20
Substance use......................................................................................................................................... 23
Prevention ............................................................................................................................................... 26
Massachusetts State Codes Cited

Massachusetts Revised Statutes
General Laws
Title XII. Education
Chapter 69. Powers and Duties of the Department of Elementary and Secondary Education
Section 1D.
Statewide educational goals; academic standards; vocational training; grant program
Chapter 71. Public Schools

Section 2C.
Section 37G.
Section 37H.
Section 37H.5.
Section 37H.75.
Section 37L.
Section 37O.
Section 84.
Implementation of policy and discipline code addressing teen dating violence in

public schools
Corporal punishment of pupils prohibited; use of physical restraint; regulations
Policies relative to conduct of teachers or students; student handbooks
Felony complaint or conviction of student; suspension; expulsion; right to appeal
Suspension or expulsion on grounds other than those set forth in Sections 37H or
37H.5
Notification to school personnel of reporting requirements for child abuse and neglect
and fires; reports of students possessing or using dangerous weapons on school
premises; transferred students school records
School bullying prohibited; bullying prevention plans
Discipline of students on matters unrelated to school-sponsored activities prohibited

Section 2.
Section 17.
Section 21.
Duties of parents; penalty

Hearing prerequisite to exclusion
Opportunity for academic progress for suspended students; education service plans;
alternative educational services
Administrative Regulations
603 CMR 46.00.
603 CMR 49.00.
Physical restraint
Notification of bullying or retaliation regulations
Session Laws*
Massachusetts Acts of 2012
Chapter 222.
An act relative to student access to educational services and exclusion from school
This act was passed by the Massachusetts Legislature and signed into law by Governor Deval Patrick on August 6,
2012 as Chapter 222 of the Acts of 2012. This law amends and adds sections to G.L. c. 71. Sections of the law
affecting districts and charter schools do not take effect until July 1, 2014.
Summary: The new law adds procedural and reporting requirements for student suspensions and expulsions. It also
makes substantive changes, most notably, to require school districts and charter schools to ensure that students who
have been excluded from school for disciplinary reasons have the opportunity to make academic progress during the
period of their exclusion. For many years, the federal special education law, the Individuals with Disabilities Education
Massachusetts Compilation of School Discipline Laws and Regulations
Page 1
Act, has required that schools continue to provide educational services to special education students who are lawfully
removed from their current educational placement for disciplinary reasons. See, 20 USC 1415(k).
Sections from this Session Law included in this compilation are italicized.
* Each bill that becomes law is given a chapter number based on the chronological order in which it was adopted.
These chapters are called Session Laws and are compiled on an annual basis. [] The vast majority of Session
Laws are Acts. Acts include everything from our annual state budget (the General Appropriation Act) and major
legislative initiatives to reorganization of government agencies. Session Laws that are not codified into the General
Laws are called Special Acts and include matters affecting an individual or a particular city or town. Retrieved from
https://malegislature.gov/Laws/SessionLaws/Search.
Page 2
General Provisions
STATUTES
Part I. Title 12. Chapter 69. Section 1D. Statewide educational goals; academic standards;
vocational training; grant program
The board shall establish a set of statewide educational goals for all public elementary and secondary
schools in the commonwealth.
The standards may provide for instruction in the issues of physical education, human immunodeficiency
virus and acquired immune deficiency syndrome education, violence prevention, including teen dating
violence, bullying prevention, conflict resolution and drug, alcohol and tobacco abuse prevention.
Part I. Title 12. Chapter 71. Section 37H. Policies relative to conduct of teachers or students;
student handbooks
The superintendent of every school district shall publish the district's policies pertaining to the conduct of
teachers and students. [] The policies shall also prohibit bullying as defined in section 37O and shall
include the student-related sections of the bullying prevention and intervention plan required by said
section 37O. Copies of these policies shall be provided to any person upon request and without cost by
the principal of every school within the district.
Each school district's policies pertaining to the conduct of students shall include the following: disciplinary
proceedings, including procedures assuring due process; standards and procedures for suspension and
expulsion of students; procedures pertaining to discipline of students with special needs; standards and
procedures to assure school building security and safety of students and school personnel; and the
disciplinary measures to be taken in cases involving the possession or use of illegal substances or
weapons, the use of force, vandalism, or violation of a student's civil rights. Codes of discipline, as well as
procedures used to develop such codes shall be filed with the department of education for informational
purposes only.
Part I. Title 12. Chapter 71. Section 37O. School bullying prohibited; bullying prevention plans
(d) Each school district, charter school, non-public school, approved private day or residential school and
collaborative school shall develop, adhere to and update a plan to address bullying prevention and
intervention in consultation with teachers, school staff, professional support personnel, school volunteers,
administrators, community representatives, local law enforcement agencies, students, parents and
guardians. The consultation shall include, but not be limited to, notice and a public comment period;
provided, however, that a non-public school shall only be required to give notice to and provide a
comment period for families that have a child attending the school. The plan shall be updated at least
biennially.
Each plan shall include, but not be limited to:
(i) descriptions of and statements prohibiting bullying, cyber-bullying and retaliation;
(ii) clear procedures for students, staff, parents, guardians and others to report bullying or retaliation;
(iii) a provision that reports of bullying or retaliation may be made anonymously; provided, however, that
no disciplinary action shall be taken against a student solely on the basis of an anonymous report;
(iv) clear procedures for promptly responding to and investigating reports of bullying or retaliation;
Page 3
(v) the range of disciplinary actions that may be taken against a perpetrator for bullying or retaliation;
provided, however, that the disciplinary actions shall balance the need for accountability with the need
to teach appropriate behavior;
(vi) clear procedures for restoring a sense of safety for a victim and assessing that victims needs for
protection;
(vii) strategies for protecting from bullying or retaliation a person who reports bullying, provides
information during an investigation of bullying or witnesses or has reliable information about an act of
bullying;
(viii) procedures consistent with state and federal law for promptly notifying the parents or guardians of
a victim and a perpetrator; provided, further, that the parents or guardians of a victim shall also be
notified of the action taken to prevent any further acts of bullying or retaliation; and provided, further,
that the procedures shall provide for immediate notification pursuant to regulations promulgated under
this subsection by the principal or person who holds a comparable role to the local law enforcement
agency when criminal charges may be pursued against the perpetrator;
(ix) a provision that a student who knowingly makes a false accusation of bullying or retaliation shall be
subject to disciplinary action; and
(x) a strategy for providing counseling or referral to appropriate services for perpetrators and victims
and for appropriate family members of said students.
The plan shall afford all students the same protection regardless of their status under the law.
(f) Each school principal or the person who holds a comparable position shall be responsible for the
implementation and oversight of the plan at his school.
Part I. Title 12. Chapter 76. Section 1A. Pupil Absence Notification Programs.
Upon the acceptance of this section by the local legislative body of a city or town, or by a majority vote of
two-thirds of the member communities of a regional school district, the school committee of a city, town or
regional school district shall establish a pupil absence notification program in all schools under its control.
Said program may be developed with the assistance of the department of education. []
Section 1B.
The school committee of each city, town or regional school district shall have a pupil absence notification
program in each of its schools. The program shall be designed to ensure that each school notifies a
parent or guardian of the childs absence if the school has not received notification of the absence from
the parent or guardian within 3 days of the absence. []
ADMINISTRATIVE CODE
603 CMR 49.00. Notification of Bullying or Retaliation Regulations;
49.01: Authority.
603 CMR 49.00 is promulgated by the Board of Elementary and Secondary Education pursuant to M.G.L.
c. 71, 37O, as added by St. 2010, c. 92.
49.02: Scope and Purpose
603 CMR 49.00 governs the requirements related to the duty of the principal or leader of a public school,
approved private day or residential school, collaborative school, or charter school to notify the parents or
guardians of a target and an aggressor when there is an incident of bullying or retaliation, and to notify
the local law enforcement agency when criminal charges may be pursued against the aggressor. 603
CMR 49.00 also address confidentiality of student record information related to notification of bullying and
retaliation.
Page 4
Scope
STATUTES
(b) Bullying shall be prohibited:
(i) on school grounds, property immediately adjacent to school grounds, at a school-sponsored or
school-related activity, function or program whether on or off school grounds, at a school bus stop, on a
school bus or other vehicle owned, leased or used by a school district or school, or through the use of
technology or an electronic device owned, leased or used by a school district or school and
(ii) at a location, activity, function or program that is not school-related, or through the use of technology
or an electronic device that is not owned, leased or used by a school district or school, if the bullying
creates a hostile environment at school for the victim, infringes on the rights of the victim at school or
materially and substantially disrupts the education process or the orderly operation of a school. Nothing
contained herein shall require schools to staff any non-school related activities, functions, or programs.
ADMINISTRATIVE CODE
49.04: Bullying and Retaliation Prohibited
(2) Bullying shall be prohibited on school grounds, property immediately adjacent to school grounds, at a
school-sponsored or school-related activity, function or program whether on or off school grounds, at a
school bus stop, on a school bus or other vehicle owned, leased or used by a school district or school, or
through the use of technology or an electronic device owned, leased or used by a school district or
school. Bullying at a location, activity, function or program that is not school-related, or through the use of
technology or an electronic device that is not owned, leased or used by a school district or school, shall
be prohibited if the bullying:
(a) creates a hostile environment at school for the target;
(b) infringes on the rights of the target at school; or
(c) materially and substantially disrupts the education process or the orderly operation of a school.
STATUTES
student handbooks
teachers and students. [] Copies of these policies shall be provided to any person upon request and
without cost by the principal of every school within the district. []
In each school building containing the grades nine to twelve, inclusive, the principal, in consultation with
the school council, shall prepare and distribute to each student a student handbook setting forth the rules
pertaining to the conduct of students. The student handbook shall include an age-appropriate summary of
the student-related sections of the bullying prevention and intervention plan required by section 37O.
Page 5
(e)(1) Each school district, charter school, non-public school, approved private day or residential school
and collaborative school shall provide to students and parents or guardians, in age-appropriate terms
and in the languages which are most prevalent among the students, parents or guardians, annual
written notice of the relevant student-related sections of the plan.
(2) Each school district, charter school, non-public school, approved private day or residential school
and collaborative school shall provide to all school staff annual written notice of the plan. The faculty
and staff at each school shall be trained annually on the plan applicable to the school. Relevant
sections of the plan relating to the duties of faculty and staff shall be included in a school district or
school employee handbook.
(3) The plan shall be posted on the website of each school district, charter school, non-public school,
approved private day or residential school and collaborative school.
Page 6

STATUTES
[ Text of section added by 2012, 222, Sec. 3 effective July 1, 2014. See 2012, 222, Sec. 12.]
Part I. Title 12. Chapter 71. Section 37H.75. Suspension or expulsion on grounds other than those
set forth in Secs. 37H or 37H.5
(b) Any principal, headmaster, superintendent or other person acting as a decision-maker at a student
meeting or hearing, when deciding the consequences for the student, shall exercise discretion; consider
ways to re-engage the student in the learning process; and avoid using expulsion as a consequence until
other remedies and consequences have been employed.

STATUTES
Part I. Title 12. Chapter 76. Section 37G. Corporal punishment of pupils prohibited; use of physical
restraint; regulations
(a) The power of the school committee or of any teacher or any other employee or agent of the school
committee to maintain discipline upon school property shall not include the right to inflict corporal
punishment upon any pupil.
(b) The provisions of this section shall not preclude any member of the school committee or any teacher
or any employee or agent of the school committee from using such reasonable force as is necessary to
protect pupils, other persons, and themselves from an assault by a pupil. When such an assault has
occurred, the principal shall file a detailed report of such with the school committee.
(c) The board of education shall promulgate regulations regarding the use of physical restraint for
students. Such regulations shall not preclude any teacher or employee or agent of the school from using
reasonable force to protect pupils, other persons and themselves from an assault by a pupil as set forth
above in section (b). Such regulations shall require training of all personnel authorized to administer any
forms of restraint. Such regulations shall provide for procedures for notification to the department and to
the parents.

Page 7

Page 8

STATUTES
student handbooks
Notwithstanding any general or special law to the contrary, all student handbooks shall contain the
following provisions:
(a) Any student who is found on school premises or at school-sponsored or school-related events,
including athletic games, in possession of a dangerous weapon, including, but not limited to, a gun or a
knife; or a controlled substance as defined in chapter ninety-four C, including, but not limited to,
marijuana, cocaine, and heroin, may be subject to expulsion from the school or school district by the
principal.
(b) Any student who assaults a principal, assistant principal, teacher, teacher's aide or other educational
staff on school premises or at school-sponsored or school-related events, including athletic games, may
be subject to expulsion from the school or school district by the principal.
Part I. Title 12. Chapter 71. Section 37H.5. Felony complaint or conviction of student; suspension;
expulsion; right to appeal
Notwithstanding the provisions of section eighty-four and sections sixteen and seventeen of chapter
seventy-six:
(1) Upon the issuance of a criminal complaint charging a student with a felony or upon the issuance of a
felony delinquency complaint against a student, the principal or headmaster of a school in which the
student is enrolled may suspend such student for a period of time determined appropriate by said
principal or headmaster if said principal or headmaster determines that the student's continued
presence in school would have a substantial detrimental effect on the general welfare of the school. []
(2) Upon a student being convicted of a felony or upon an adjudication or admission in court of guilt with
respect to such a felony or felony delinquency, the principal or headmaster of a school in which the
student is enrolled may expel said student if such principal or headmaster determines that the student's
continued presence in school would have a substantial detrimental effect on the general welfare of the
school. []


STATUTES
Part I. Title 12. Chapter 76. Section 17. Hearing prerequisite to exclusion
A school committee shall not permanently exclude a pupil from the public schools for alleged misconduct
without first giving him and his parent or guardian an opportunity to be heard.
Page 9

STATUTES
student handbooks
following provisions: []
(c) Any student who is charged with a violation of either paragraph (a) or (b) shall be notified in writing
of an opportunity for a hearing; provided, however, that the student may have representation, along with
the opportunity to present evidence and witnesses at said hearing before the principal. After said
hearing, a principal may, in his discretion, decide to suspend rather than expel a student who has been
determined by the principal to have violated either paragraph (a) or (b).
(d) Any student who has been expelled from a school district pursuant to these provisions shall have
the right to appeal to the superintendent. The expelled student shall have ten days from the date of the
expulsion in which to notify the superintendent of his appeal. The student has the right to counsel at a
hearing before the superintendent. The subject matter of the appeal shall not be limited solely to a
factual determination of whether the student has violated any provisions of this section.
[ Paragraph (e) of the fourth paragraph effective until July 1, 2014. For text effective July 1, 2014, see
below.]
(e) When a student is expelled under the provisions of this section, no school or school district within
the commonwealth shall be required to admit such student or to provide educational services to said
student. If said student does apply for admission to another school or school district, the superintendent
of the school district to which the application is made may request and shall receive from the
superintendent of the school expelling said student a written statement of the reasons for said
expulsion.
[ Paragraph (e) of the fourth paragraph as amended by 2012, 222, Sec. 1 effective July 1, 2014. See
2012, 222, Sec. 12. For text effective until July 1, 2014, see above.]
(e) Any school district that suspends or expels a student under this section shall continue to provide
educational services to the student during the period of suspension or expulsion, under section 21 of
chapter 76. If the student moves to another district during the period of suspension or expulsion, the
new district of residence shall either admit the student to its schools or provide educational services to
the student in an education service plan, under section 21 of chapter 76.
[ Paragraphs (f) and (g) of the fourth paragraph added by 2012, 222, Sec. 1 effective July 1, 2014. See
2012, 222, Sec. 12.]
(f) Districts shall report to the department of elementary and secondary education the specific reasons
for all suspensions and expulsions, regardless of duration or type, in a manner and form established by
the commissioner. The department of elementary and secondary education shall use its existing data
collection tools to obtain this information from districts and shall modify those tools, as necessary, to
obtain the information. On an annual basis, the department of elementary and secondary education
shall make district level de-identified data and analysis, including the total number of days each student
is excluded during the school year, available to the public online in a machine readable format. This
report shall include district level data disaggregated by student status and categories established by the
commissioner.
(g) Under the regulations promulgated by the department, for each school that suspends or expels a
significant number of students for more than 10 cumulative days in a school year, the commissioner
shall investigate and, as appropriate, shall recommend models that incorporate intermediary steps prior
Page 10
to the use of suspension or expulsion. The results of the analysis shall be publicly reported at the
school district level.
Part I. Title 12. Chapter 71. Section 37H.5. Felony complaint or conviction of student; suspension;
expulsion; right to appeal
(1) [] The student shall receive written notification of the charges and the reasons for such suspension
prior to such suspension taking effect. The student shall also receive written notification of his right to
appeal and the process for appealing such suspension; provided, however, that such suspension shall
remain in effect prior to any appeal hearing conducted by the superintendent.
The student shall have the right to appeal the suspension to the superintendent. The student shall notify
the superintendent in writing of his request for an appeal no later than five calendar days following the
effective date of the suspension. The superintendent shall hold a hearing with the student and the
student's parent or guardian within three calendar days of the student's request for an appeal. At the
hearing, the student shall have the right to present oral and written testimony on his behalf, and shall
have the right to counsel. The superintendent shall have the authority to overturn or alter the decision of
the principal or headmaster, including recommending an alternate educational program for the student.
The superintendent shall render a decision on the appeal within five calendar days of the hearing. Such
decision shall be the final decision of the city, town or regional school district with regard to the
suspension.
(2) [] The student shall receive written notification of the charges and reasons for such expulsion prior
to such expulsion taking effect. The student shall also receive written notification of his right to appeal and
the process for appealing such expulsion; provided, however, that the expulsion shall remain in effect
prior to any appeal hearing conducted by the superintendent.
The student shall have the right to appeal the expulsion to the superintendent. The student shall notify the
superintendent, in writing, of his request for an appeal no later than five calendar days following the
effective date of the expulsion. The superintendent shall hold a hearing with the student and the student's
parent or guardian within three calendar days of the expulsion. At the hearing, the student shall have the
right to present oral and written testimony on his behalf, and shall have the right to counsel. The
superintendent shall have the authority to overturn or alter the decision of the principal or headmaster,
including recommending an alternate educational program for the student. The superintendent shall
render a decision on the appeal within five calendar days of the hearing. Such decision shall be the final
decision of the city, town or regional school district with regard to the expulsion.
[ Second paragraph effective until July 1, 2014. For text effective July 1, 2014, see below.]
Upon expulsion of such student, no school or school district shall be required to provide educational
services to such student.
[ Second paragraph as amended by 2012, 222, Sec. 2 effective July 1, 2014. See 2012, 222, Sec. 12. For
text effective until July 1, 2014, see above.]
Any school district that suspends or expels a student under this section shall continue to provide
educational services to the student during the period of suspension or expulsion, under section 21 of
chapter 76. If the student moves to another district during the period of suspension or expulsion, the new
district of residence shall either admit the student to its schools or provide educational services to the
student under an education service plan, under section 21 of chapter 76.
Page 11
(a) This section shall govern the suspension and expulsion of students enrolled in a public school in the
commonwealth who are not charged with a violation of subsections (a) or (b) of section 37H or with a
felony under section 37H1/2.
(b) Any principal, headmaster, superintendent or other person acting as a decision-maker at a student
meeting or hearing, when deciding the consequences for the student, shall exercise discretion; consider
ways to re-engage the student in the learning process; and avoid using expulsion as a consequence until
other remedies and consequences have been employed.
(c) For any suspension or expulsion under this section, the principal or headmaster of a school in which
the student is enrolled, or a designee, shall provide, to the student and to the parent or guardian of the
student, notice of the charges and the reason for the suspension or expulsion in English and in the
primary language spoken in the home of the student. The student shall receive the written notification and
shall have the opportunity to meet with the principal or headmaster, or a designee, to discuss the charges
and reasons for the suspension or expulsion prior to the suspension or expulsion taking effect. The
principal or headmaster, or a designee, shall ensure that the parent or guardian of the student is included
in the meeting, provided that such meeting may take place without the parent or guardian only if the
principal or headmaster, or a designee, can document reasonable efforts to include the parent or
guardian in that meeting. The department shall promulgate rules and regulations that address a
principal's duties under this subsection and procedures for including parents in student exclusion
meetings, hearings or interviews under this subsection.
(d) If a decision is made to suspend or expel the student after the meeting, the principal or headmaster,
or a designee, shall update the notification for the suspension or expulsion to reflect the meeting with the
student. If a student has been suspended or expelled for more than 10 school days for a single infraction
or for more than 10 school days cumulatively for multiple infractions in any school year, the student and
the parent or guardian of the student shall also receive, at the time of the suspension or expulsion
decision, written notification of a right to appeal and the process for appealing the suspension or
expulsion in English and in the primary language spoken in the home of the student; provided, however,
that the suspension or expulsion shall remain in effect prior to any appeal hearing. The principal or
headmaster or a designee shall notify the superintendent in writing, including, but not limited to, by
electronic means, of any out-of-school suspension imposed on a student enrolled in kindergarten through
grade 3 prior to such suspension taking effect. That notification shall describe the student's alleged
misconduct and the reasons for suspending the student out-of-school. For the purposes of this section,
the term "out-of-school suspension'' shall mean a disciplinary action imposed by school officials to
remove a student from participation in school activities for 1 day or more.
(e) A student who has been suspended or expelled from school for more than 10 school days for a single
infraction or for more than 10 school days cumulatively for multiple infractions in any school year shall
have the right to appeal the suspension or expulsion to the superintendent. The student or a parent or
guardian of the student shall notify the superintendent in writing of a request for an appeal not later than 5
calendar days following the effective date of the suspension or expulsion; provided, that a student and a
parent or guardian of the student may request, and if so requested, shall be granted an extension of up to
7 calendar days. The superintendent or a designee shall hold a hearing with the student and the parent or
guardian of the student within 3 school days of the student's request for an appeal; provided that a
student or a parent or guardian of the student may request and, if so requested, shall be granted an
extension of up to 7 calendar days; provided further, that the superintendent, or a designee, may proceed
with a hearing without a parent or guardian of the student if the superintendent, or a designee, makes a
good faith effort to include the parent or guardian. At the hearing, the student shall have the right to
Page 12
present oral and written testimony, cross-examine witnesses and shall have the right to counsel. The
superintendent shall render a decision on the appeal in writing within 5 calendar days of the hearing. That
decision shall be the final decision of the school district with regard to the suspension or expulsion.
(f) No student shall be suspended or expelled from a school or school district for a time period that
exceeds 90 school days, beginning the first day the student is removed from an assigned school building.
Part I. Title 12. Chapter 76. Section 17. Hearing prerequisite to exclusion
A school committee shall not permanently exclude a pupil from the public schools for alleged misconduct
without first giving him and his parent or guardian an opportunity to be heard.


STATUTES
Part I. Title 12. Chapter 76. Section 37G. Corporal punishment of pupils prohibited; use of physical
restraint; regulations
(c) The board of education shall promulgate regulations regarding the use of physical restraint for
students. Such regulations shall not preclude any teacher or employee or agent of the school from using
reasonable force to protect pupils, other persons and themselves from an assault by a pupil as set forth
above in section (b). Such regulations shall require training of all personnel authorized to administer any
forms of restraint. Such regulations shall provide for procedures for notification to the department and to
the parents.
ADMINISTRATIVE CODE
603 CMR 46.00: Physical Restraint.
46.01: Authority, Scope, Purpose and Construction
(1) Authority. 603 CMR 46.00 is promulgated by the Board of Education pursuant to M.G.L. c. 69, 1B,
and c. 71, 37G.
(2) Scope. 603 CMR 46.00 governs the use of physical restraint on students in publicly funded
elementary and secondary education programs, including all Massachusetts public school districts,
charter schools, collaborative education programs and special education schools approved under 603
CMR 28.09, except as provided in 603 CMR 18.05(5)(h). Educational programs in facilities operated by
the Department of Youth Services shall comply with the restraint requirements of 102 CMR 3.00.
(3) Purpose. The purpose of 603 CMR 46.00 is to ensure that every student participating in a
Massachusetts public education program is free from the unreasonable use of physical restraint. Physical
restraint shall be used only in emergency situations, after other less intrusive alternatives have failed or
been deemed inappropriate, and with extreme caution. School personnel shall use physical restraint with
two goals in mind:
Page 13
(a) To administer a physical restraint only when needed to protect a student and/or a member of the
school community from imminent, serious, physical harm; and
(b) To prevent or minimize any harm to the student as a result of the use of physical restraint.
(4) Construction. Nothing in 603 CMR 46.00 shall be construed to limit the protection afforded publicly
funded students under other state or federal laws, including those laws that provide for the rights of
students who have been found eligible to receive special education services. Nothing in 603 CMR 46.00
precludes any teacher, employee or agent of a public education program from using reasonable force to
protect students, other persons or themselves from assault or imminent, serious, physical harm.
46.02: Definitions
As used in 603 CMR 46.00, the following terms shall have the following meanings:
(1) Extended restraint: A physical restraint the duration of which is more than twenty (20) minutes.
Extended restraints increase the risk of injury and, therefore, require additional written documentation as
described in 603 CMR 46.06.
(2) Physical escort: Touching or holding a student without the use of force for the purpose of directing the
student.
(3) Physical restraint: The use of bodily force to limit a student's freedom of movement.
(4) Public education programs: Public schools, including charter schools, collaborative education
programs, special education schools approved under 603 CMR 28.09, except as provided in 603 CMR
18.05(5)(h), and school events and activities sponsored by such programs.
(5) Restraint - Other: Limiting the physical freedom of an individual student by mechanical means or
seclusion in a limited space or location, or temporarily controlling the behavior of a student by chemical
means. The use of chemical or mechanical restraint is prohibited unless explicitly authorized by a
physician and approved in writing by the parent or guardian. The use of seclusion restraint is prohibited in
public education programs.
(a) Mechanical Restraint: The use of a physical device to restrict the movement of a student or the
movement or normal function of a portion of his or her body. A protective or stabilizing device ordered
by a physician shall not be considered mechanical restraint.
(b) Seclusion Restraint: Physically confining a student alone in a room or limited space without access
to school staff. The use of "time out" procedures during which a staff member remains accessible to the
student shall not be considered "seclusion restraint."
(c) Chemical restraint: The administration of medication for the purpose of restraint.
(6) School Working Day: Any day or partial day that students are in attendance at the public education
program for instructional purposes.
46.03: Procedures and Training
(1) Procedures. Public education programs shall develop written procedures regarding appropriate
responses to student behavior that may require immediate intervention. Such procedures shall be
annually reviewed and provided to school staff and made available to parents of enrolled students. Such
procedures shall include, but not be limited to:
(a) Methods for preventing student violence, self-injurious behavior, and suicide, including de-escalation
of potentially dangerous behavior occurring among groups of students or with an individual student;
(b) A school policy regarding restraint that provides a description and explanation of the school's or
program's method of physical restraint, a description of the school's or program's training requirements,
reporting requirements and follow-up procedures, and a procedure for receiving and investigating
complaints regarding restraint practices.
Page 14
(2) Required training for all staff. Each principal or director shall determine a time and method to provide
all program staff with training regarding the school's restraint policy. Such training shall occur within the
first month of each school year and, for employees hired after the school year begins, within a month of
their employment. Training shall include information on the following:
(a) The program's restraint policy;
(b) Interventions that may preclude the need for restraint, including de-escalation of problematic
behaviors;
(c) Types of restraints and related safety considerations, including information regarding the increased
risk of injury to a student when an extended restraint is used;
(d) Administering physical restraint in accordance with known medical or psychological limitations
and/or behavioral intervention plans applicable to an individual student; and
(e) Identification of program staff who have received in-depth training pursuant to 603 CMR 46.03(3) in
the use of physical restraint.
(3) In-depth staff training in the use of physical restraint. At the beginning of each school year, the
principal or director of each public education program or his or her designee shall identify program staff
that are authorized to serve as a school-wide resource to assist in ensuring proper administration of
physical restraint. Such staff shall participate in in-depth training in the use of physical restraint. The
Department of Elementary and Secondary Education recommends that such training be at least sixteen
(16) hours in length.
(4) Content of in-depth training. In-depth training in the proper administration of physical restraint shall
include, but not be limited to:
(a) Appropriate procedures for preventing the need for physical restraint, including the de-escalation of
problematic behavior, relationship building and the use of alternatives to restraint;
(b) A description and identification of dangerous behaviors on the part of students that may indicate the
need for physical restraint and methods for evaluating the risk of harm in individual situations in order to
determine whether the use of restraint is warranted;
(c) The simulated experience of administering and receiving physical restraint, instruction regarding the
effect(s) on the person restrained, including instruction on monitoring physical signs of distress and
obtaining medical assistance;
(d) Instruction regarding documentation and reporting requirements and investigation of injuries and
complaints; and
(e) Demonstration by participants of proficiency in administering physical restraint.
46.04: Determining When Physical Restraint May Be Used
(1) Use of restraint. Physical restraint may be used only in the following circumstances:
(a) Non-physical interventions would not be effective; and
(b) The student's behavior poses a threat of imminent, serious, physical harm to self and/or others.
(2) Limitations on use of restraint. Physical restraint in a public education program shall be limited to the
use of such reasonable force as is necessary to protect a student or another member of the school
community from assault or imminent, serious, physical harm.
(3) Prohibitions. Physical restraint is prohibited in the following circumstances:
(a) As a means of punishment; or
(b) As a response to property destruction, disruption of school order, a student's refusal to comply with
a school rule or staff directive, or verbal threats that do not constitute a threat of imminent, serious,
physical harm.
Page 15
(4) Referral to law enforcement or other state agencies. Nothing in these regulations prohibits:
(a) The right of any individual to report to appropriate authorities a crime committed by a student or
other individual;
(b) Law enforcement, judicial authorities or school security personnel from exercising their
committed a crime or posing a security risk; or
(c) The exercise of an individual's responsibilities as a mandated reporter pursuant to MGL c. 119,
51A. These regulations shall not be used to deter any individual from reporting neglect or abuse to the
appropriate state agency.
46.05: Proper Administration of Physical Restraint
(1) Trained personnel. Only school personnel who have received training pursuant to 603 CMR 46.03(2)
or 603 CMR 46.03(3) shall administer physical restraint on students. Whenever possible, the
administration of a restraint shall be witnessed by at least one adult who does not participate in the
restraint. The training requirements contained in 603 CMR 46.00 shall not preclude a teacher, employee
or agent of a public education program from using reasonable force to protect students, other persons or
themselves from assault or imminent, serious, physical harm.
(2) Use of force. A person administering a physical restraint shall use only the amount of force necessary
to protect the student or others from physical injury or harm.
(3) Safest method. A person administering physical restraint shall use the safest method available and
appropriate to the situation subject to the safety requirements set forth in 603 CMR 46.05(5). Floor or
prone restraints shall be prohibited unless the staff member administering the restraint has received indepth training according to the requirements of 603 CMR 46.03(3) and, in the judgment of the trained
staff member, such method is required to provide safety for the student or others present.
(4) Duration of restraint. A person administering physical restraint shall discontinue such restraint as soon
as possible. If, due to unusual circumstances, a restraint continues for more than twenty (20) minutes, it
shall be considered an "extended restraint" for purposes of the reporting requirements in 603 CMR 46.06.
(5) Safety requirements. Additional requirements for the use of physical restraint:
(a) No restraint shall be administered in such a way that the student is prevented from breathing or
speaking. During the administration of a restraint, a staff member shall continuously monitor the
physical status of the student, including skin color and respiration. A restraint shall be released
immediately upon a determination by the staff member administering the restraint that the student is no
longer at risk of causing imminent physical harm to him or herself or others.
(b) Restraint shall be administered in such a way so as to prevent or minimize physical harm. If, at any
time during a physical restraint, the student demonstrates significant physical distress, the student shall
be released from the restraint immediately, and school staff shall take steps to seek medical
assistance.
(c) Program staff shall review and consider any known medical or psychological limitations and/or
behavioral intervention plans regarding the use of physical restraint on an individual student.
(d) Following the release of a student from a restraint, the program shall implement follow-up
procedures. These procedures shall include reviewing the incident with the student to address the
behavior that precipitated the restraint, reviewing the incident with the staff person(s) who administered
the restraint to discuss whether proper restraint procedures were followed, and consideration of
whether any follow-up is appropriate for students who witnessed the incident.
Page 16
46.06: Reporting Requirements

(1) Circumstances under which a physical restraint must be reported. Program staff shall report the use of
physical restraint as specified in 603 CMR 46.06(2) after administration of a physical restraint that results
in any injury to a student or staff member, or any physical restraint of a duration longer than five minutes
(2) Informing school administration. The program staff member who administered the restraint shall
verbally inform the program administration of the restraint as soon as possible, and by written report no
later than the next school working day. The written report shall be provided to the principal or director of
the program or his/her designee, except that the principal or director shall prepare the report if the
principal or director has administered the restraint. The principal or director or his/her designee shall
maintain an on-going record of all reported instances of physical restraint, which shall be made available
for review by the Department of Elementary and Secondary Education, upon request.
(3) Informing parents. The principal or director of the program or his/her designee shall verbally inform the
student's parents or guardians of the restraint as soon as possible, and by written report postmarked no
later than three school working days following the use of restraint. If the school or program customarily
provides a parent or guardian of a student with report cards and other necessary school-related
information in a language other than English, the written restraint report shall be provided to the parent or
guardian in that language.
(4) Contents of report. The written report required by 603 CMR 46.06(2) and (3) shall include:
(a) The names and job titles of the staff who administered the restraint, and observers, if any; the date
of the restraint; the time the restraint began and ended; and the name of the administrator who was
verbally informed following the restraint.
(b) A description of the activity in which the restrained student and other students and staff in the same
room or vicinity were engaged immediately preceding the use of physical restraint; the behavior that
prompted the restraint; the efforts made to de-escalate the situation; alternatives to restraint that were
attempted; and the justification for initiating physical restraint.
(c) A description of the administration of the restraint including the holds used and reasons such holds
were necessary; the student's behavior and reactions during the restraint; how the restraint ended; and
documentation of injury to the student and/or staff, if any, during the restraint and any medical care
provided.
(d) For extended restraints, the written report shall describe the alternatives to extended restraint that
were attempted, the outcome of those efforts and the justification for administering the extended
restraint.
(e) Information regarding any further action(s) that the school has taken or may take, including any
disciplinary sanctions that may be imposed on the student.
(f) Information regarding opportunities for the student's parents or guardians to discuss with school
officials the administration of the restraint, any disciplinary sanctions that may be imposed on the
student and/or any other related matter.
(5) Report to the Department of Elementary and Secondary Education. When a restraint has resulted in a
serious injury to a student or program staff member or when an extended restraint has been
administered, the program shall provide a copy of the written report required by 603 CMR 46.06(4) to the
Department of Elementary and Secondary Education within five school working days of the administration
of the restraint. The program shall also provide the Department with a copy of the record of physical
restraints maintained by the program administrator pursuant to 603 CMR 46.06(2) for the thirty day period
prior to the date of the reported restraint. The Department shall determine if additional action on the part
of the public education program is warranted and, if so, shall notify the public education program of any
required actions within thirty calendar days of receipt of the required written report(s).
Page 17
46.07: Special Circumstances

(1) Special Circumstances - Students with Disabilities. Restraint administered to a student with a disability
pursuant to an Individualized Education Plan ("IEP") or other written plan developed in accordance with
state and federal law to which the public education program and the student's parent or guardian have
agreed shall be deemed to meet the requirements of 603 CMR 46.00, except that the limitations on
chemical, mechanical, and seclusion restraint set forth in 603 CMR 46.02(5), the training requirements
set forth in 603 CMR 46.03, and the reporting requirements set forth in 603 CMR 46.06 shall apply.
(2) Special Circumstances - Individual Waiver of Reporting Requirements. Public education programs
may seek a parent's or guardian's consent to waive the reporting requirements of 603 CMR 46.06 for
restraints administered to an individual student that do not result in serious injury to the student or a
program staff member and do not constitute extended restraint. Extended restraints and restraints that
result in serious injury to a student or program staff member must be reported in accordance with the
requirements of 603 CMR 46.06, regardless of any individual waiver to which the parent or guardian may
have consented. Individual waivers should be sought only for students who present a high risk of
frequent, dangerous behavior that may require the frequent use of restraint.
(3) Limitations on individual waivers.
(a) A public education program may not require a parent's consent to such a waiver as a condition of
admission or provision of services.
(b) A parent may withdraw consent to such waiver at any time without penalty.
(4) Individual Waiver - documentation required. The program shall maintain the following documentation
on site in the student's file and shall make such documentation available for inspection by the Department
of Elementary and Secondary Education at its request at any time:
(a) The informed written consent of the parent or guardian to the waiver, which shall specify those
reporting requirements(s) in 603 CMR 46.06(1)-(4) that the parent or guardian agrees to waive; and
(b) Specific information regarding when and how the parent or guardian will be informed regarding the
administration of all restraints to the individual student.
(5) Prohibition on Program or Classroom Waivers: Nothing herein shall be construed to allow a program
or classroom to receive an exemption or waiver from any of the requirements of 603 CMR 46.00 on
behalf of all of the students enrolled in a particular program or classroom.
STATUTES
Part I. Title 12. Chapter 76. Section 21. Opportunity for academic progress for suspended
students; education service plans; alternative educational services
Principals and headmasters shall ensure that students who are suspended from school for 10 or fewer
consecutive days, whether in or out of school, shall have an opportunity to make academic progress
during the period of suspension, to make up assignments and earn credits missed including, but not
limited to, homework, quizzes, exams, papers and projects missed. Principals shall develop a school-wide
education service plan for all students who are expelled or suspended from school for more than 10
consecutive school days, whether in or out of school. Principals shall ensure these students have an
opportunity to make academic progress during the period of suspension or expulsion, to make up
assignments and earn credits missed, including, but not limited to, homework, quizzes, exams, papers
and projects missed. Education service plans may include, but are not limited to, tutoring, alternative
Page 18
placement, Saturday school, and online or distance learning. In developing the education service plan,
principals may seek the cooperation or input of relevant health and human service, housing and nonprofit
agencies education collaboratives, and other service providers. Any school or school district that expels a
student or suspends a student for more than 10 consecutive school days shall provide the student and
the parent or guardian of the student with a list of alternative educational services. Upon selection of an
alternative educational service by the student and the student's parent or guardian, the school or school
district shall facilitate and verify enrollment in the service. Students exempt from attending school under
section 1 of chapter 76 shall not be subject to this section.
Instructional costs associated with providing alternative educational services under this section shall be
eligible for reimbursement under section 5A of chapter 71B, subject to appropriation. The reimbursements
shall be in addition to amounts distributed under chapter 70 and shall not be included in the calculation of
base aid, as defined in section 2 of said chapter 70, for any subsequent fiscal year. Instructional costs
eligible for reimbursement shall include only those costs directly attributable to providing alternative
educational services under this section, such as salary of educational personnel, salary of related
services personnel, costs for specialized books, materials or equipment, tuition costs, if the student is
receiving services from other than the local public school, consultant costs if directly attributable to the
student's instructional program and instructional costs of extended day or year services if such services
are a part of the education service plan. Such costs shall be prorated as appropriate to reflect group
activities or costs for part-time services. Instructional costs shall not include transportation costs,
administrative or overhead costs, the costs of adapting classrooms or materials that are used by more
than 1 student, the costs of fringe benefits of personnel employed by the school district, nor the costs
associated with the development of the education service plan or service coordination for the student.
Instructional costs associated with an education service plan shall be reported to and approved by the
department and shall be reimbursed according to the formula and procedures in said section 5A of said
chapter 71B.
Page 19

Conditions
STATUTES

student handbooks
including athletic games, in possession of a dangerous weapon, including, but not limited to, a gun or a
knife; or a controlled substance as defined in chapter ninety-four C, including, but not limited to,
marijuana, cocaine, and heroin, may be subject to expulsion from the school or school district by the
principal.
Other weapons
STATUTES
Part I. Title 12. Chapter 71. Section 37L. Notification to school personnel of reporting requirements
for child abuse and neglect and fires; reports of students possessing or using dangerous
weapons on school premises; transferred students school records
[ ] any school department personnel shall report in writing to their immediate supervisor an incident
involving a students possession or use of a dangerous weapon on school premises at any time.
Supervisors who receive such a weapon report shall file it with the superintendent of said school, who
shall file copies of said weapon report with the local chief of police, the department of children and
families, the office of student services or its equivalent in any school district, and the local school
committee. Said superintendent, police chief, and representative from the department of children and
families, together with a representative from the office of student services or its equivalent, shall arrange
an assessment of the student involved in said weapon report. Said student shall be referred to a
counseling program; provided, however, that said counseling shall be in accordance with acceptable
standards as set forth by the board of education. Upon completion of a counseling session, a follow-up
assessment shall be made of said student by those involved in the initial assessment.
A student transferring into a local system must provide the new school system with a complete school
record of the entering student. Said record shall include, but not be limited to, any incidents involving
suspension or violation of criminal acts or any incident reports in which such student was charged with
any suspended act.

Page 20

STATUTES
Part I. Title 12. Chapter 76. Section 1. Requirements and Exceptions
[ First paragraph effective until July 1, 2014. For text effective July 1, 2014, see below.]
Section 1. Every child between the minimum and maximum ages established for school attendance by
the board of education, except a child between fourteen and sixteen who meets the requirements for the
completion of the sixth grade of the public school as established by said board and who holds a permit for
employment in private domestic service or service on a farm, under section eighty-six of chapter one
hundred and forty-nine, and is regularly employed thereunder for at least six hours per day, or a child
between fourteen and sixteen who meets said requirements and has the written permission of the
superintendent of schools of the town where he resides to engage in non-wage-earning employment at
home, or a child over fourteen who holds a permit for employment in a cooperating employment, as
provided in said section eighty-six, shall, subject to section fifteen, attend a public day school in said
town, or some other day school approved by the school committee, during the number of days required
by the board of education in each school year, unless the child attends school in another town, for said
number of days, under sections six to twelve, inclusive, or attends an experimental school project
established under an experimental school plan, as provided in section one G of chapter fifteen, but such
attendance shall not be required of a child whose physical or mental condition is such as to render
attendance inexpedient or impracticable subject to the provisions of section three of chapter seventy-one
B or of a child granted an employment permit by the superintendent of schools when such superintendent
determines that the welfare of such child will be better served through the granting of such permit, or of a
child who is being otherwise instructed in a manner approved in advance by the superintendent or the
school committee. The superintendent of schools may transfer to any specialized type of school on a fulltime basis any child who possesses the educational qualifications enumerated in this section and in the
opinion of the superintendent would be benefited by such transfer. The superintendent, or teachers in so
far as authorized by him or by the school committee, may excuse cases of necessary absence for other
causes not exceeding seven day sessions or fourteen half day sessions in any period of six months.
Absences may also be permitted for religious education at such times as the school committee may
establish; provided, that no public funds shall be appropriated or expended for such education or for
transportation incidental thereto; and provided, further, that such time shall be no more than one hour
each week. For the purposes of this section, school committees shall approve a private school when
satisfied that the instruction in all the studies required by law equals in thoroughness and efficiency, and
in the progress made therein, that in the public schools in the same town; but shall not withhold such
approval on account of religious teaching, and, in order to protect children from the hazards of traffic and
promote their safety, cities and towns may appropriate money for conveying pupils to and from any
schools approved under this section.
[ First paragraph as amended by 2012, 222, Secs. 4 and 5 effective July 1, 2014. See 2012, 222, Sec.
12. For text effective until July 1, 2014, see above.]
Every child between the minimum and maximum ages established for school attendance by the board of
education shall, subject to section fifteen, attend a public day school in the town the student resides, or
some other day school approved by the school committee, during the number of days required by the
board of education in each school year, unless the child attends school in another town, for said number
of days, under sections six to twelve, inclusive, or attends an experimental school project established
under an experimental school plan, as provided in section one G of chapter fifteen, but such attendance
shall not be required of a child whose physical or mental condition is such as to render attendance
inexpedient or impracticable subject to the provisions of section three of chapter seventy-one B or of a
Page 21
child granted an employment permit by the superintendent of schools when such superintendent
determines that the welfare of such child will be better served through the granting of such permit, or of a
child who is being otherwise instructed in a manner approved in advance by the superintendent or the
school committee. The superintendent of schools may transfer to any specialized type of school on a fulltime basis any child who possesses the educational qualifications enumerated in this section and in the
opinion of the superintendent would be benefited by such transfer. The superintendent, or teachers in so
far as authorized by him or by the school committee, may excuse cases of necessary absence for other
causes not exceeding seven day sessions or fourteen half day sessions in any period of six months.
Absences may also be permitted for religious education at such times as the school committee may
establish; provided, that no public funds shall be appropriated or expended for such education or for
transportation incidental thereto; and provided, further, that such time shall be no more than one hour
each week. For the purposes of this section, school committees shall approve a private school when
satisfied that the instruction in all the studies required by law equals in thoroughness and efficiency, and
in the progress made therein, that in the public schools in the same town; but shall not withhold such
approval on account of religious teaching, and, in order to protect children from the hazards of traffic and
promote their safety, cities and towns may appropriate money for conveying pupils to and from any
schools approved under this section.
Except as herein provided, pupils who attend approved private schools of elementary and high school
grades shall be entitled to the same rights and privileges as to transportation to and from school as are
provided by law for pupils of public schools and shall not be denied such transportation because their
attendance is in a school which is conducted under religious auspices or includes religious instruction in
its curriculum. Each school committee shall provide transportation for any pupil attending such an
approved private school within the boundaries of the school district, provided, however, that the distance
between said pupil's residence and the private school said pupil attends exceeds two miles or such other
minimum distance as may be established by the school committee for transportation of public school
students. Any school committee which is required by law to transport any pupil attending an approved
private school beyond the boundaries of the school district shall not be required to do so further than the
distance from the residence of such pupil to the public school he is entitled to attend.
The school committee of each town shall provide for and enforce the school attendance of all children
actually residing therein in accordance herewith.
[ Fourth paragraph effective until July 1, 2014. Deleted by 2012, 222, Sec. 6. See 2012, 222, Sec. 12.]
The terms "permit for employment'' and "employment permit'', as used in this chapter, shall mean an
employment permit referred to in section eighty-six of chapter one hundred and forty-nine.
Said program may be developed with the assistance of the department of education. The parents or
guardians of each pupil shall, annually, at the commencement of each school year, be sent a notice
instructing them to call a designated telephone number at a designated time to inform the school of the
absence of a pupil and the reason therefor. Said notice shall also require such parent or guardian to
furnish the school with a home, work or other emergency telephone number where they can be contacted
during the school day. If a pupil is absent and the school has not been notified by the designated time, the
school shall call the telephone number or numbers furnished to inquire about said absence.
Section 1B.
Page 22
the parent or guardian within 3 days of the absence.
Each school committee shall have a policy of notifying the parent or guardian of a student who has at
least 5 days in which the student has missed 2 or more periods unexcused in a school year or who has
missed 5 or more school days unexcused in a school year. The notification policy shall require that the
school principal or headmaster, or a designee, make a reasonable effort to meet with the parent or
guardian of a student who has 5 or more unexcused absences to develop action steps for student
attendance. The action steps shall be developed jointly and agreed upon by the school principal or
headmaster, or a designee, the student and the students parent or guardian and with input from other
relevant school personnel and officials from relevant public safety, health and human service, housing
and nonprofit agencies.
Part I. Title 12. Chapter 76. Section 2. Duties of parents; penalty
Every person in control of a child described in section one shall cause him to attend school as therein
required, and, if he fails so to do for seven day sessions or fourteen half day sessions within any period of
six months, he shall, on complaint by a supervisor of attendance, be punished by a fine of not more than
twenty dollars. []
Substance use
STATUTES
student handbooks
teachers and students. Said policies shall prohibit the use of any tobacco products within the school
buildings, the school facilities or on the school grounds or on school buses by any individual, including
school personnel.
including athletic games, in possession of [] a controlled substance as defined in chapter ninety-four
C, including, but not limited to, marijuana, cocaine, and heroin, may be subject to expulsion from the
school or school district by the principal.

STATUTES
student handbooks
teachers and students. [] The policies shall also prohibit bullying as defined in section 37O and shall
include the student-related sections of the bullying prevention and intervention plan required by said
section 37O. []
Page 23
(b) Bullying shall be prohibited:
(i) on school grounds, property immediately adjacent to school grounds, at a school-sponsored or
school-related activity, function or program whether on or off school grounds, at a school bus stop, on a
school bus or other vehicle owned, leased or used by a school district or school, or through the use of
technology or an electronic device owned, leased or used by a school district or school and
(ii) at a location, activity, function or program that is not school-related, or through the use of technology
or an electronic device that is not owned, leased or used by a school district or school, if the bullying
creates a hostile environment at school for the victim, infringes on the rights of the victim at school or
materially and substantially disrupts the education process or the orderly operation of a school. Nothing
contained herein shall require schools to staff any non-school related activities, functions, or programs.
(j) The department, after consultation with the department of public health, the department of mental
health, the attorney general, the Massachusetts District Attorneys Association and experts on bullying
shall:
(i) publish a model plan for school districts and schools to consider when creating their plans; and
(ii) compile a list of bullying prevention and intervention resources, evidence-based curricula, best
practices and academic-based research that shall be made available to schools. The model plan shall
be consistent with the behavioral health and public schools framework developed by the department in
accordance with section 19 of chapter 321 of the acts of 2008. The resources may include, but shall not
be limited to, print, audio, video or digital media; subscription based online services; and on-site or
technology-enabled professional development and training sessions. The department shall biennially
update the model plan and the list of the resources, curricula, best practices and research and shall
post them on its website.
See http://www.doe.mass.edu/bullying/ModelPlan.pdf for Massachusetts Model Policy.
ADMINISTRATIVE CODE
49.03: Definitions and Terms (Selected)
Aggressor means perpetrator of bullying or retaliation as defined in M.G.L. c. 71, 37O.
Bullying, pursuant to M.G.L. c. 71, 37O, means the repeated use by one or more students of a written,
verbal or electronic expression or a physical act or gesture or any combination thereof, directed at a
target that:
(a) causes physical or emotional harm to the target or damage to the target's property;
(b) places the target in reasonable fear of harm to himself or herself or damage to his or her property;
(c) creates a hostile environment at school for the target;
(d) infringes on the rights of the target at school; or
(e) materially and substantially disrupts the education process or the orderly operation of a school.
Bullying shall include cyberbullying.
Cyberbullying, pursuant to M.G.L. c. 71, 37O, means bullying through the use of technology or any
electronic communication, which shall include, but not be limited to, any transfer of signs, signals, writing,
images, sounds, data or intelligence of any nature transmitted in whole or in part by a wire, radio,
electromagnetic, photo electronic or photo optical system, including, but not limited to, electronic mail,
internet communications, instant messages or facsimile communications. Cyberbullying shall also include:
(a) the creation of a web page or blog in which the creator assumes the identity of another person, or
Page 24
(b) the knowing impersonation of another person as the author of posted content or messages, if the
creation or impersonation creates any of the conditions in 603 CMR 49.03: Bullying(a) through (e).
Cyberbullying shall also include the distribution by electronic means of a communication to more than one
person or the posting of material on an electronic medium that may be accessed by one or more persons,
if the distribution or posting creates any of the conditions in 603 CMR 49.03: Bullying(a) through (e).
Hostile environment, pursuant to M.G.L. c. 71, 37O, means a situation in which bullying causes the
school environment to be permeated with intimidation, ridicule or insult that is sufficiently severe or
pervasive to alter the conditions of the student's education.
Local law enforcement agency means a local police department.
Local plan means the bullying prevention and intervention plan required to be developed under M.G.L. c.
71, 37O.
Parent means a student's father or mother, or guardian.
Principal means the administrative leader of a public school, charter school, collaborative school, or
approved private day or residential school, or his or her designee for the purposes of implementing the
school's bullying prevention and intervention plan.
Retaliation means any form of intimidation, reprisal or harassment directed against a person who reports
bullying, provides information during an investigation about bullying, or witnesses or has reliable
information about bullying.
School means an approved private day or residential school, collaborative school, or charter school.
School district, pursuant to M.G.L. c. 71, 37O, means the school department of a city or town, a regional
school district or a county agricultural school.
Student record has the meaning set forth in the Massachusetts Student Records Regulations, 603 CMR
23.02.
Target means a student victim of bullying or retaliation as defined in M.G.L. c. 71, 37O.
(1) Bullying of a student is prohibited as provided in M.G.L. c. 71, 37O. Retaliation is also prohibited.
(2) Bullying shall be prohibited on school grounds, property immediately adjacent to school grounds, at a
school-sponsored or school-related activity, function or program whether on or off school grounds, at a
school bus stop, on a school bus or other vehicle owned, leased or used by a school district or school, or
through the use of technology or an electronic device owned, leased or used by a school district or
school. Bullying at a location, activity, function or program that is not school-related, or through the use of
technology or an electronic device that is not owned, leased or used by a school district or school, shall
be prohibited if the bullying:
(a) creates a hostile environment at school for the target;
(b) infringes on the rights of the target at school; or
(c) materially and substantially disrupts the education process or the orderly operation of a school.
(3) Each school district and school shall have procedures for receiving reports of bullying or retaliation;
promptly responding to and investigating such reports, and determining whether bullying or retaliation has
occurred; responding to incidents of bullying or retaliation; and reporting to parents and law enforcement
as set forth in 603 CMR 49.05 and 49.06

Page 25

Prevention
STATUTES
Part I. Title 12. Chapter 69. Section 1D. Statewide educational goals; academic standards;
vocational training; grant program
The board shall establish a set of statewide educational goals for all public elementary and secondary
schools in the commonwealth.
The standards may provide for instruction in the issues of physical education, human immunodeficiency
virus and acquired immune deficiency syndrome education, violence prevention, including teen dating
violence, bullying prevention, conflict resolution and drug, alcohol and tobacco abuse prevention.
(c) Each school district, charter school, approved private day or residential school and collaborative
school shall provide age-appropriate instruction on bullying prevention in each grade that is incorporated
into the curriculum of the school district or school. The curriculum shall be evidence-based.
(d) [] The plan shall include provisions for informing parents and guardians about the bullying
prevention curriculum of the school district or school and shall include, but not be limited to: (i) how
parents and guardians can reinforce the curriculum at home and support the school district or school
plan; (ii) the dynamics of bullying; and (iii) online safety and cyber-bullying.

STATUTES
Part I. Title 12. Chapter 71. Section 37L. Notification to school personnel of reporting requirements
for child abuse and neglect and fires; reports of students possessing or using dangerous
weapons on school premises; transferred students school records
[ ] Said superintendent, police chief, and representative from the department of children and families,
together with a representative from the office of student services or its equivalent, shall arrange an
assessment of the student involved in said weapon report. Said student shall be referred to a counseling
program; provided, however, that said counseling shall be in accordance with acceptable standards as
set forth by the board of education. Upon completion of a counseling session, a follow-up assessment
shall be made of said student by those involved in the initial assessment.
STATUTES
(d) [] The plan for a school district, charter school, approved private day or residential school and
collaborative school shall include a provision for ongoing professional development to build the skills of all
staff members, including, but not limited to, educators, administrators, school nurses, cafeteria workers,
custodians, bus drivers, athletic coaches, advisors to extracurricular activities and paraprofessionals, to
Page 26
prevent, identify and respond to bullying. The content of such professional development shall include, but
not be limited to:
(i) developmentally appropriate strategies to prevent bullying incidents;
(ii) developmentally appropriate strategies for immediate, effective interventions to stop bullying
incidents;
(iii) information regarding the complex interaction and power differential that can take place between
and among a perpetrator, victim and witnesses to the bullying;
(iv) research findings on bullying, including information about specific categories of students who have
been shown to be particularly at risk for bullying in the school environment;
(v) information on the incidence and nature of cyber-bullying; and
(vi) internet safety issues as they relate to cyber-bullying. The department shall identify and offer
information on alternative methods for fulfilling the professional development requirements of this
section, at least 1 of which shall be available at no cost to school districts, charter schools, approved
private day or residential schools and collaborative schools.
ADMINISTRATIVE CODE
annually reviewed and provided to school staff and made available to parents of enrolled students. Such
procedures shall include, but not be limited to:
(a) Methods for preventing student violence, self-injurious behavior, and suicide, including de-escalation
of potentially dangerous behavior occurring among groups of students or with an individual student;
(b) A school policy regarding restraint that provides a description and explanation of the school's or
program's method of physical restraint, a description of the school's or program's training requirements,
reporting requirements and follow-up procedures, and a procedure for receiving and investigating
complaints regarding restraint practices.
(2) Required training for all staff. Each principal or director shall determine a time and method to provide
all program staff with training regarding the school's restraint policy. Such training shall occur within the
first month of each school year and, for employees hired after the school year begins, within a month of
their employment. Training shall include information on the following:
(a) The program's restraint policy;
(b) Interventions that may preclude the need for restraint, including de-escalation of problematic
behaviors;
(c) Types of restraints and related safety considerations, including information regarding the increased
risk of injury to a student when an extended restraint is used;
(d) Administering physical restraint in accordance with known medical or psychological limitations
and/or behavioral intervention plans applicable to an individual student; and
(e) Identification of program staff who have received in-depth training pursuant to 603 CMR 46.03(3) in
the use of physical restraint.
(3) In-depth staff training in the use of physical restraint. At the beginning of each school year, the
principal or director of each public education program or his or her designee shall identify program staff
that are authorized to serve as a school-wide resource to assist in ensuring proper administration of
Page 27
physical restraint. Such staff shall participate in in-depth training in the use of physical restraint. The
Department of Elementary and Secondary Education recommends that such training be at least sixteen
(16) hours in length.
(4) Content of in-depth training. In-depth training in the proper administration of physical restraint shall
include, but not be limited to:
(a) Appropriate procedures for preventing the need for physical restraint, including the de-escalation of
problematic behavior, relationship building and the use of alternatives to restraint;
(b) A description and identification of dangerous behaviors on the part of students that may indicate the
need for physical restraint and methods for evaluating the risk of harm in individual situations in order to
determine whether the use of restraint is warranted;
(c) The simulated experience of administering and receiving physical restraint, instruction regarding the
effect(s) on the person restrained, including instruction on monitoring physical signs of distress and
obtaining medical assistance;
(d) Instruction regarding documentation and reporting requirements and investigation of injuries and
complaints; and
(e) Demonstration by participants of proficiency in administering physical restraint.
Page 28

STATUTES
(d) [] The principal or headmaster or a designee shall notify the superintendent in writing, including, but
not limited to, by electronic means, of any out-of-school suspension imposed on a student enrolled in
kindergarten through grade 3 prior to such suspension taking effect. That notification shall describe the
student's alleged misconduct and the reasons for suspending the student out-of-school. For the purposes
of this section, the term "out-of-school suspension'' shall mean a disciplinary action imposed by school
officials to remove a student from participation in school activities for 1 day or more.
(g) A member of a school staff, including, but not limited to, an educator, administrator, school nurse,
cafeteria worker, custodian, bus driver, athletic coach, advisor to an extracurricular activity or
paraprofessional, shall immediately report any instance of bullying or retaliation the staff member has
witnessed or become aware of to the principal or to the school official identified in the plan as responsible
for receiving such reports or both. Upon receipt of such a report, the school principal or a designee shall
promptly conduct an investigation. If the school principal or a designee determines that bullying or
retaliation has occurred, the school principal or designee shall
(i) notify the local law enforcement agency if the school principal or designee believes that criminal
charges may be pursued against a perpetrator;
(ii) take appropriate disciplinary action;
(iii) notify the parents or guardians of a perpetrator; and
(iv) notify the parents or guardians of the victim, and to the extent consistent with state and federal law,
notify them of the action taken to prevent any further acts of bullying or retaliation.
(h) If an incident of bullying or retaliation involves students from more than one school district, charter
school, non-public school, approved private day or residential school or collaborative school, the school
district or school first informed of the bullying or retaliation shall, consistent with state and federal law,
promptly notify the appropriate administrator of the other school district or school so that both may take
appropriate action. If an incident of bullying or retaliation occurs on school grounds and involves a former
student under the age of 21 who is no longer enrolled in a local school district, charter school, non-public
school, approved private day or residential school or collaborative school, the school district or school
informed of the bullying or retaliation shall contact law enforcement consistent with the provisions of
clause (viii) of the second paragraph of subsection (d).
(i) Nothing in this section shall supersede or replace existing rights or remedies under any other general
or special law, nor shall this section create a private right of action.
Page 29
ADMINISTRATIVE CODE
46.06: Reporting Requirements
(1) Circumstances under which a physical restraint must be reported. Program staff shall report the use of
physical restraint as specified in 603 CMR 46.06(2) after administration of a physical restraint that results
in any injury to a student or staff member, or any physical restraint of a duration longer than five minutes
(2) Informing school administration. The program staff member who administered the restraint shall
verbally inform the program administration of the restraint as soon as possible, and by written report no
later than the next school working day. The written report shall be provided to the principal or director of
the program or his/her designee, except that the principal or director shall prepare the report if the
principal or director has administered the restraint. The principal or director or his/her designee shall
maintain an on-going record of all reported instances of physical restraint, which shall be made available
for review by the Department of Elementary and Secondary Education, upon request.
(3) Informing parents. The principal or director of the program or his/her designee shall verbally inform the
student's parents or guardians of the restraint as soon as possible, and by written report postmarked no
later than three school working days following the use of restraint. If the school or program customarily
provides a parent or guardian of a student with report cards and other necessary school-related
information in a language other than English, the written restraint report shall be provided to the parent or
guardian in that language.
(4) Contents of report. The written report required by 603 CMR 46.06(2) and (3) shall include:
(a) The names and job titles of the staff who administered the restraint, and observers, if any; the date
of the restraint; the time the restraint began and ended; and the name of the administrator who was
verbally informed following the restraint.
(b) A description of the activity in which the restrained student and other students and staff in the same
room or vicinity were engaged immediately preceding the use of physical restraint; the behavior that
prompted the restraint; the efforts made to de-escalate the situation; alternatives to restraint that were
attempted; and the justification for initiating physical restraint.
(c) A description of the administration of the restraint including the holds used and reasons such holds
were necessary; the student's behavior and reactions during the restraint; how the restraint ended; and
documentation of injury to the student and/or staff, if any, during the restraint and any medical care
provided.
(d) For extended restraints, the written report shall describe the alternatives to extended restraint that
were attempted, the outcome of those efforts and the justification for administering the extended
restraint.
(e) Information regarding any further action(s) that the school has taken or may take, including any
disciplinary sanctions that may be imposed on the student.
(f) Information regarding opportunities for the student's parents or guardians to discuss with school
officials the administration of the restraint, any disciplinary sanctions that may be imposed on the
student and/or any other related matter.
(5) Report to the Department of Elementary and Secondary Education. When a restraint has resulted in a
serious injury to a student or program staff member or when an extended restraint has been
administered, the program shall provide a copy of the written report required by 603 CMR 46.06(4) to the
Department of Elementary and Secondary Education within five school working days of the administration
of the restraint. The program shall also provide the Department with a copy of the record of physical
restraints maintained by the program administrator pursuant to 603 CMR 46.06(2) for the thirty day period
Page 30
prior to the date of the reported restraint. The Department shall determine if additional action on the part
of the public education program is warranted and, if so, shall notify the public education program of any
required actions within thirty calendar days of receipt of the required written report(s).
603 CMR 49.00. Notification of Bullying or Retaliation Regulations
(3) Each school district and school shall have procedures for receiving reports of bullying or retaliation;
promptly responding to and investigating such reports, and determining whether bullying or retaliation has
occurred; responding to incidents of bullying or retaliation; and reporting to parents and law enforcement
as set forth in 603 CMR 49.05 and 49.06.
STATUTES
(iii) notify the parents or guardians of a perpetrator; and
(iv) notify the parents or guardians of the victim, and to the extent consistent with state and federal law,
notify them of the action taken to prevent any further acts of bullying or retaliation.
Said program may be developed with the assistance of the department of education. The parents or
guardians of each pupil shall, annually, at the commencement of each school year, be sent a notice
instructing them to call a designated telephone number at a designated time to inform the school of the
absence of a pupil and the reason therefor. Said notice shall also require such parent or guardian to
furnish the school with a home, work or other emergency telephone number where they can be contacted
during the school day. If a pupil is absent and the school has not been notified by the designated time, the
school shall call the telephone number or numbers furnished to inquire about said absence.
Section 1B.
the parent or guardian within 3 days of the absence.
Each school committee shall have a policy of notifying the parent or guardian of a student who has at
least 5 days in which the student has missed 2 or more periods unexcused in a school year or who has
Page 31
missed 5 or more school days unexcused in a school year. The notification policy shall require that the
school principal or headmaster, or a designee, make a reasonable effort to meet with the parent or
guardian of a student who has 5 or more unexcused absences to develop action steps for student
attendance. The action steps shall be developed jointly and agreed upon by the school principal or
headmaster, or a designee, the student and the students parent or guardian and with input from other
relevant school personnel and officials from relevant public safety, health and human service, housing
and nonprofit agencies.
(c) For any suspension or expulsion under this section, the principal or headmaster of a school in which
the student is enrolled, or a designee, shall provide, to the student and to the parent or guardian of the
student, notice of the charges and the reason for the suspension or expulsion in English and in the
primary language spoken in the home of the student. The student shall receive the written notification and
shall have the opportunity to meet with the principal or headmaster, or a designee, to discuss the charges
and reasons for the suspension or expulsion prior to the suspension or expulsion taking effect. The
principal or headmaster, or a designee, shall ensure that the parent or guardian of the student is included
in the meeting, provided that such meeting may take place without the parent or guardian only if the
principal or headmaster, or a designee, can document reasonable efforts to include the parent or
guardian in that meeting. The department shall promulgate rules and regulations that address a
principal's duties under this subsection and procedures for including parents in student exclusion
meetings, hearings or interviews under this subsection.
ADMINISTRATIVE CODE
49.02: Scope and Purpose
603 CMR 49.00 governs the requirements related to the duty of the principal or leader of a public school,
approved private day or residential school, collaborative school, or charter school to notify the parents or
guardians of a target and an aggressor when there is an incident of bullying or retaliation, and to notify
the local law enforcement agency when criminal charges may be pursued against the aggressor. 603
CMR 49.00 also address confidentiality of student record information related to notification of bullying and
retaliation.
49.05: Notice to Parents
(1) Upon investigation and determination that bullying or retaliation has occurred, the principal shall
promptly notify the parents of the target and the aggressor of the determination and the school district or
school's procedures for responding to the bullying or retaliation. The principal shall inform the target's
parent of actions that school officials will take to prevent further acts of bullying or retaliation. Nothing in
603 CMR 49.05 prohibits the principal from contacting a parent of a target or aggressor about a report of
bullying or retaliation prior to a determination that bullying or retaliation has occurred.
(2) Notice required by 603 CMR 49.05 shall be provided in the primary language of the home.
(3) Each school district and school shall include the requirements and procedures for communicating with
the parents of the aggressor and target of bullying or retaliation in the local plan.
Page 32
(4) A principal's notification to a parent about an incident or a report of bullying or retaliation must comply
with confidentiality requirements of the Massachusetts Student Records Regulations, 603 CMR 23.00,
and the Federal Family Educational Rights and Privacy Act Regulations, 34 CFR Part 99, as set forth in
603 CMR 49.07.

STATUTES
(i) notify the local law enforcement agency if the school principal or designee believes that criminal
charges may be pursued against a perpetrator;
(h) [] If an incident of bullying or retaliation occurs on school grounds and involves a former student
under the age of 21 who is no longer enrolled in a local school district, charter school, non-public school,
approved private day or residential school or collaborative school, the school district or school informed of
the bullying or retaliation shall contact law enforcement consistent with the provisions of clause (viii) of the
second paragraph of subsection (d).
ADMINISTRATIVE CODE
49.06: Notice to Law Enforcement Agency
(1) Before the first day of each school year, the superintendent or designee of a school district and the
school leader or designee of an approved private day or residential school, collaborative school, or
charter school shall communicate with the chief of police or designee of the local police department about
the implementation of 603 CMR 49.06. Such communication may include agreeing on a method for
notification, a process for informal communication, updates of prior written agreements, or any other
subject appropriate to the implementation of 603 CMR 49.06.
(2) At any point after receipt of a report of bullying or retaliation, including after an investigation, the
principal shall notify the local law enforcement agency if the principal has a reasonable basis to believe
that criminal charges may be pursued against the aggressor. Notice shall be consistent with the
requirements of 603 CMR 49.00 and established agreements with the local law enforcement agency. The
principal shall document the reasons for his or her decision to notify law enforcement. Nothing in 603
CMR 49.06 shall be interpreted to require reporting to a law enforcement agency in situations in which
bullying and retaliation can be handled appropriately within the school district or school.
(a) In making the determination whether notification to law enforcement is appropriate, the principal may
consult with the school resource officer and any other individuals the principal deems appropriate.
(b) Nothing in 603 CMR 49.06 shall prevent the principal from taking appropriate disciplinary or other
action pursuant to school district or school policy and state law, provided that disciplinary actions
balance the need for accountability with the need to teach appropriate behavior.
Page 33
(c) The principal shall respond to the incident as set forth in relevant provisions of the local plan
consistent with 603 CMR 49.06.
(3) If an incident of bullying or retaliation occurs on school grounds and involves a former student under
the age of 21 who is no longer enrolled in the school district or school, the principal of the school informed
of the bullying or retaliation shall notify the local law enforcement agency if the principal has a reasonable
basis to believe that criminal charges may be pursued against the aggressor.
(4) Each school district and school shall include the requirements and procedures for communicating with
the local law enforcement agency in the local plan.

ADMINISTRATIVE CODE
49.07: Confidentiality of Records
(1) A principal may not disclose information from a student record of a target or aggressor to a parent
unless the information is about the parent's own child.
(2) A principal may disclose a determination of bullying or retaliation to a local law enforcement agency
under 603 CMR 49.06 without the consent of a student or his or her parent. The principal shall
communicate with law enforcement officials in a manner that protects the privacy of targets, student
witnesses, and aggressors to the extent practicable under the circumstances.
(3) A principal may disclose student record information about a target or aggressor to appropriate parties
in addition to law enforcement in connection with a health or safety emergency if knowledge of the
information is necessary to protect the health or safety of the student or other individuals as provided in
603 CMR 23.07(4)(e) and 34 CFR 99.31(a)(10) and 99.36. 603 CMR 49.07(3) is limited to instances in
which the principal has determined there is an immediate and significant threat to the health or safety of
the student or other individuals. It is limited to the period of emergency and does not allow for blanket
disclosure of student record information. The principal must document the disclosures and the reasons
that the principal determined that a health or safety emergency exists.

STATUTES
student handbooks
The school council shall review the student handbook each spring to consider changes in disciplinary
policy to take effect in September of the following school year, but may consider policy changes at any
time. The annual review shall cover all areas of student conduct, including but not limited to those
outlined in this section.
student handbooks
[ Paragraphs (f) and (g) of the fourth paragraph added by 2012, 222, Sec. 1 effective July 1, 2014. See
2012, 222, Sec. 12.]
(f) Districts shall report to the department of elementary and secondary education the specific reasons for
all suspensions and expulsions, regardless of duration or type, in a manner and form established by the
Page 34
commissioner. The department of elementary and secondary education shall use its existing data
collection tools to obtain this information from districts and shall modify those tools, as necessary, to
obtain the information. On an annual basis, the department of elementary and secondary education shall
make district level de-identified data and analysis, including the total number of days each student is
excluded during the school year, available to the public online in a machine readable format. This report
shall include district level data disaggregated by student status and categories established by the
commissioner.
(g) Under the regulations promulgated by the department, for each school that suspends or expels a
significant number of students for more than 10 cumulative days in a school year, the commissioner shall
investigate and, as appropriate, shall recommend models that incorporate intermediary steps prior to the
use of suspension or expulsion. The results of the analysis shall be publicly reported at the school district
level.
ADMINISTRATIVE CODE
annually reviewed and provided to school staff and made available to parents of enrolled students.
Page 35


Page 36

STATUTES
(j) The department, after consultation with the department of public health, the department of mental
health, the attorney general, the Massachusetts District Attorneys Association and experts on bullying
shall:
(i) publish a model plan for school districts and schools to consider when creating their plans; and
(ii) compile a list of bullying prevention and intervention resources, evidence-based curricula, best
practices and academic-based research that shall be made available to schools. The model plan shall
be consistent with the behavioral health and public schools framework developed by the department in
accordance with section 19 of chapter 321 of the acts of 2008. The resources may include, but shall not
be limited to, print, audio, video or digital media; subscription based online services; and on-site or
technology-enabled professional development and training sessions. The department shall biennially
update the model plan and the list of the resources, curricula, best practices and research and shall
post them on its website.
See http://www.doe.mass.edu/bullying/ModelPlan.pdf for Massachusetts Model Policy.
Page 37
Other/Uncategorized
STATUTES

STATUTES
(d) Each school district, charter school, non-public school, approved private day or residential school and
collaborative school shall develop, adhere to and update a plan to address bullying prevention and
intervention in consultation with teachers, school staff, professional support personnel, school volunteers,
administrators, community representatives, local law enforcement agencies, students, parents and
guardians. The consultation shall include, but not be limited to, notice and a public comment period;
provided, however, that a non-public school shall only be required to give notice to and provide a
comment period for families that have a child attending the school. The plan shall be updated at least
biennially.
Other/Uncategorized
STATUTES
Part I. Title 12. Chapter 71. Section 2C. Implementation of policy and discipline code addressing
teen dating violence in public schools
Each school district in the commonwealth, subject to appropriation, shall implement a specific policy and
discipline code to address teen dating violence in public schools. The policy shall clearly state that dating
violence will not be tolerated and shall include guidelines for addressing alleged incidents of dating
violence. The policy may include a teen dating violence prevention task force comprised of staff, students
and parents to provide awareness training and education for the school community. Topics to be covered
in the policy include, without limitation, defining the issue of teen dating violence, recognizing warning
signs, identifying issues of confidentiality, safety and appropriate legal school-based interventions.
Part I. Title 12. Chapter 71. Section 84. Discipline of students on matters unrelated to schoolsponsored activities prohibited
No student shall be suspended, expelled, or otherwise disciplined on account of marriage, pregnancy,
parenthood or for conduct which is not connected with any school-sponsored activities; provided,
however, that in the case of a pregnant student, the school committee may require that the student be
under the supervision of a physician.
Page 38

School Discipline
resources provided by Massachusetts provide additional context to state policy and regulations and, in
some cases, may support the readers efforts to provide a positive disciplinary school climate.
Title
Description
Model Bullying Prevention and Intervention

Plan required under M.G.L. c. 71, 37O
http://www.doe.mass.edu/bullying/
ModelPlan.pdf
1. Model Bullying Prevention and

Intervention Plan
2. General Department Updates and
Information
3. Laws and Regulations
4. Evidence Based Programs, Curricula,
and Practices
5. Parent Information
6. Resources from State Agencies
7. Additional Resources
8. Definition of Bullying
9. Social Emotional Learning
10. For more information
http://www.doe.mass.edu/bullying
Website
No relevant
resources found
Documents
Massachusetts
Model Bullying
Policy
Other Resources
State Bullying
Prevention and
Intervention
Resources
Page 39
Michigan
Discipline Laws and
Regulations
Introduction
document.
Notes & Disclaimers

Prepared by:
Child Trends
Suite 1200W
Suite 110
Table of Contents
Michigan State Codes Cited ....................................................................................................................... 1
Scope ........................................................................................................................................................ 4
Other weapons ........................................................................................................................................ 20
Substance use......................................................................................................................................... 24
Prevention ............................................................................................................................................... 29
Michigan State Codes Cited

Michigan Revised Statutes
Michigan Compiled Laws
Chapter 380. School Code of 1976
Article 2
Part 15. School Districts; Powers and Duties Generally
380.1170.
Physiology and hygiene; instruction; development of comprehensive health education

programs; conflict with religious beliefs.
Part 16. Boards of Education; Powers and Duties Generally

380.1301
380.1306.
380.1308
380.1309
380.1310
380.1310a
380.1310b
380.1311
380.1311a
380.1311g.
380.1312
380.1313.
380.1318.
Pregnant persons; expulsion or exclusion from public school prohibited; withdrawal;

alternative educational program or program of special services; rules
School lockers; no presumption of privacy; search policy; assistance of law enforcement
agency; model policy; admissibility of evidence.
Statewide school safety information policy
Conduct constituting suspension; action by teacher; report; supervision; conference;
return by student; adoption of local policy by school board; definitions
Physical assault at school against another pupil; expulsion required; alternative
education; definitions
Report
Policy prohibiting bullying; adoption and implementation by board of school district or
intermediate school district or board of directors of public school academy; public
hearing; submission of policy to department; report; contents of policy; reporting act of
bullying; definitions; section to be known as "Matt's Safe School Law"
Suspension or expulsion of pupils
Assault by pupil against employee, volunteer, or contractor; expulsion required;
alternative services; referral; reinstatement; immunity from liability; petition for
reinstatement form; rights of pupils eligible for special education programs and services;
eligibility of school for prorated share of foundation allowance; report of assaults;
responsibility for enrollment in educational program; definitions
Strict discipline academy; location; tuition; admission policies or practices; enrollment;
types of pupils; special education pupils; individuals committed to high-security or
medium-security juvenile facility; residence requirements; grades.
Corporal punishment defined; infliction of corporal punishment by employee, volunteer,
or contractor; exercise of necessary reasonable physical force; liability; violation;
deference given to reasonable good-faith judgments; development, implementation, and
enforcement of code of student conduct; model list of alternatives to use of corporal
punishment; authority permitting corporal punishment void
Dangerous weapon found in possession of pupil; report; confiscation by school official;
determination of legal owner; dangerous weapon defined.
Use of performance-enhancing substances in interscholastic athletics; eligibility policy;
list of drugs to be provided by department of community health.
Michigan Compilation of School Discipline Laws and Regulations
Page 1
Part 24. Compulsory School Attendance

380.1571.
380.1586.
Attendance officers; acceptance and oath of office; surety bond; powers and duties; list of
teachers and superintendent.
Nonattendance at school; notice; investigation; discussion of irregular attendance, failing
work, or behavior problems with parent.
Chapter 750. Michigan Penal Code

Chapter LX. Miscellaneous
750.411t.
Hazing prohibited; violation; penalty; exceptions; certain defenses barred; definitions;

section title.
Michigan Administrative Code

Page 2
General Provisions
STATUTES
380.1308. Statewide school safety information policy.
(1) Not later than 90 days after the effective date of this section, the superintendent of public instruction,
attorney general, and director of the department of state police shall adopt, publish, and distribute to
school boards, county prosecutors, and local law enforcement agencies the statewide school safety
information policy described in subsection (2). Not later than 180 days after the effective date of this
section, each school board, county prosecutor, and local law enforcement agency shall do both of the
following:
(a) Meet and confer as appropriate on the implementation of the statewide school safety information
policy for each school district and on any related issues that are unique to the affected locality. The
appropriate local law enforcement agency or agencies to be involved shall be determined locally,
consistent with the statewide school safety information policy.
(b) Begin compliance with the statewide school safety information policy.
380.1309. Conduct constituting suspension; action by teacher; report; supervision; conference;
return by student; adoption of local policy by school board; definitions.
(2) A school board shall adopt a local policy specifying the types of conduct for which a pupil may be
suspended from a class, subject, or activity by a teacher under this section. This policy shall be included
in the school board's code of student conduct.
380.1310b. Policy prohibiting bullying; adoption and implementation by board of school district or
intermediate school district or board of directors of public school academy; public hearing;
submission of policy to department; report; contents of policy; reporting act of bullying;
definitions; section to be known as "Matt's Safe School Law."
(1) Subject to subsection (3), not later than 6 months after the effective date of this section, the board of a
school district or intermediate school district or board of directors of a public school academy shall adopt
and implement a policy prohibiting bullying at school, as defined in this section.
(6) The legislature encourages a board or board of directors to include all of the following in the policy
required under this section:
(a) Provisions to form bullying prevention task forces, programs, teen courts, and other initiatives
involving school staff, pupils, school clubs or other student groups, administrators, volunteers, parents,
law enforcement, community members, and other stakeholders.
(b) A requirement for annual training for administrators, school employees, and volunteers who have
significant contact with pupils on preventing, identifying, responding to, and reporting incidents of
bullying.
(c) A requirement for educational programs for pupils and parents on preventing, identifying, responding
to, and reporting incidents of bullying and cyberbullying.
380.1312. Corporal punishment defined; infliction of corporal punishment by employee,
volunteer, or contractor; exercise of necessary reasonable physical force; liability; violation;
Page 3
enforcement of code of student conduct; model list of alternatives to use of corporal punishment;
authority permitting corporal punishment void.
(8) A local or intermediate school district or a public school academy shall develop and implement a code
of student conduct and shall enforce its provisions with regard to pupil misconduct in a classroom,
elsewhere on school premises, on a school bus or other school-related vehicle, or at a school sponsored
activity or event whether or not it is held on school premises.
Scope
STATUTES
(11) As used in this section:
(a) At school means in a classroom, elsewhere on school premises, on a school bus or other schoolrelated vehicle, or at a school-sponsored activity or event whether or not it is held on school premises.
380.1310. Physical assault at school against another pupil; expulsion required; alternative
education; definitions.
(a) At school means in a classroom, elsewhere on school premises, on a school bus or other schoolrelated vehicle, or at a school-sponsored activity or event whether or not it is held on school premises.
(a) "At school" means in a classroom, elsewhere on school premises, on a school bus or other schoolrelated vehicle, or at a school-sponsored activity or event whether or not it is held on school premises.
"At school" includes conduct using a telecommunications access device or telecommunications service
provider that occurs off school premises if the telecommunications access device or the
telecommunications service provider is owned by or under the control of the school district or public
school academy.
STATUTES
380.1301. Pregnant persons; expulsion or exclusion from public school prohibited; withdrawal;
alternative educational program or program of special services; rules.
(1) A person who has not completed high school may not be expelled or excluded from a public school
because of being pregnant.
(2) A pregnant person who is under the compulsory school age may withdraw from a regular public
school program in accordance with rules promulgated by the state board.
Page 4
(3) The board of a local or intermediate school district may provide an accredited alternative educational
program for school age expectant parents and school age parents and their children, or provide a
program of special services within the conventional school setting, or contract with another school district
offering the educational program.
(4) The state board shall promulgate rules to implement this section.
380.1306. School lockers; no presumption of privacy; search policy; assistance of law
enforcement agency; model policy; admissibility of evidence
(2) If the board of a school district, local act school district, or intermediate school district or board of
directors of a public school academy operates a school that has pupil lockers, then not later than 180
days after the effective date of this section the board or board of directors shall adopt a policy on
searches of pupils' lockers and locker contents. This policy shall provide that, in the course of a search
conducted pursuant to the policy, the privacy rights of the pupil shall be respected regarding any items
that are not illegal or against school policy. The board or board of directors shall provide a copy of this
policy to each pupil at a school that has lockers and to the parent or legal guardian of each of those
pupils. The board or board of directors shall also provide a copy of the policy to the department upon
request by the department.
(5) A policy adopted pursuant to subsection (1) shall include at least all of the following:
(e) A statement describing how the policy is to be publicized.
(10) If an individual is expelled pursuant to subsection (2), it is the responsibility of that individual and of
his or her parent or legal guardian to locate a suitable alternative educational program and to enroll the
individual in such a program during the expulsion. The office of safe schools in the department shall
compile information on and catalog existing alternative education programs or schools and nonpublic
schools that may be open to enrollment of individuals expelled pursuant to subsection (2) and pursuant to
section 1311a, and shall periodically distribute this information to school districts for distribution to
expelled individuals. A school board that establishes an alternative education program or school
described in this subsection shall notify the office of safe schools about the program or school and the
types of pupils it serves. The office of safe schools also shall work with and provide technical assistance
to school districts, authorizing bodies for public school academies, and other interested parties in
developing these types of alternative education programs or schools in geographic areas that are not
being served.
Page 5

STATUTES
(1) If a teacher in a public school has good reason to believe that a pupil's conduct in a class, subject, or
activity constitutes conduct for which the pupil may be suspended from a class, subject, or activity
according to the local policy required under subsection (2), the teacher may cause the pupil to be
suspended from the class, subject, or activity for up to 1 full school day. The teacher shall immediately
report the suspension and the reason for the suspension to the school principal and send the pupil to the
school principal or the school principal's designee for appropriate action. If that action requires the
continued presence of the pupil at school, the pupil shall be under appropriate supervision. As soon as
possible after a suspension under this section, the teacher shall ask the parent or guardian of the pupil to
attend a parent-teacher conference regarding the suspension. Whenever practicable, a school counselor,
school psychologist, or school social worker shall attend the conference. A school administrator shall
attend the conference if the teacher or the parent or guardian so requests. During a suspension under
this section, the pupil shall not be returned that school day to the class, subject, or activity from which he
or she was suspended without the concurrence of the teacher of the class, subject, or activity and the
school principal.
(2) A school board shall adopt a local policy specifying the types of conduct for which a pupil may be
suspended from a class, subject, or activity by a teacher under this section. This policy shall be included
in the school board's code of student conduct.

STATUTES
(1) As used in this section, corporal punishment means the deliberate infliction of physical pain by
hitting, paddling, spanking, slapping, or any other physical force used as a means of discipline.
(2) Corporal punishment does not include physical pain caused by reasonable physical activities
associated with athletic training.
Page 6
(3) A person employed by or engaged as a volunteer or contractor by a local or intermediate school board
or public school academy shall not inflict or cause to be inflicted corporal punishment upon any pupil
under any circumstances.
or public school academy may use reasonable physical force upon a pupil as necessary to maintain order
and control in a school or school-related setting for the purpose of providing an environment conducive to
safety and learning. In maintaining that order and control, the person may use physical force upon a pupil
as may be necessary for 1 or more of the following:
(a) To restrain or remove a pupil whose behavior is interfering with the orderly exercise and
performance of school district or public school academy functions within a school or at a school-related
activity, if that pupil has refused to comply with a request to refrain from further disruptive acts.
(b) For self-defense or the defense of another.
(c) To prevent a pupil from inflicting harm on himself or herself.
(d) To quell a disturbance that threatens physical injury to any person.
(e) To obtain possession of a weapon or other dangerous object upon or within the control of a pupil.
(f) To protect property.
or public school academy who exercises necessary reasonable physical force upon a pupil, or upon
another person of school age in a school-related setting, as described in subsection (4) is not liable in a
civil action for damages arising from the use of that physical force and is presumed not to have violated
subsection (3) by the use of that physical force. This subsection does not alter or limit a person's
immunity from liability provided under 1964 PA 170, MCL 691.1401 to 691.1415.
(6) A person who willfully or through gross negligence violates subsection (3) or who willfully or through
gross negligence violates subsection (4) may be appropriately disciplined by his or her school board or
public school academy. This subsection does not limit a school board's or public school academy's
authority to discipline an employee for a violation of its own policies.
(7) In determining whether an employee, volunteer, or contractor has acted in accordance with subsection
(4), deference shall be given to reasonable good-faith judgments made by that person.
(9) The department shall develop a model list of alternatives to the use of corporal punishment. This
model list shall be developed in consultation with organizations that represent the interests of teachers,
school employees, school boards, school administrators, pupils, parents, and child advocates, plus any
other organization that the state board of education may wish to consult. The department shall send this
model list to each school district, public school academy, and intermediate school district in the state and
to each nonpublic school in the state that requests it. A local or intermediate school board or public school
academy shall approve and cause to be distributed to each employee, volunteer, and contractor a list of
alternatives to the use of corporal punishment. Upon request, the department of education shall provide
assistance to schools in the development of programs and materials to implement this section.
(10) Any resolution, bylaw, rule, policy, ordinance, or other authority permitting corporal punishment is
void.
Page 7

STATUTES
enforcement agency; model policy; admissibility of evidence.
(1) A pupil who uses a locker that is the property of a school district, local act school district, intermediate
school district, or public school academy is presumed to have no expectation of privacy in that locker or
that locker's contents.
(3) A public school principal or his or her designee may search a pupil's locker and the locker's contents
at any time in accordance with the policy under subsection (2).
(4) A law enforcement agency having jurisdiction over the school may assist school personnel in
conducting a search of a pupil's locker and the locker's contents if that assistance is at the request of the
school principal or his or her designee and the search is conducted in accordance with the policy under
subsection (2).
(5) Not later than 90 days after the effective date of this section, the superintendent of public instruction
shall develop and make available a model policy on searches of pupils' lockers and locker contents that
may be adopted for the purposes of this section.
(6) Any evidence obtained as a result of a search of a pupil's locker or locker's contents shall not be
inadmissible in any court or administrative proceedings because the search violated this section, violated
the policy under subsection (2), or because no policy was adopted.

STATUTES
Page 8
Page 9

STATUTES
(1) Subject to subsection (2), the school board, or the school district superintendent, a school building
principal, or another school district official if designated by the school board, may authorize or order the
suspension or expulsion from school of a pupil guilty of gross misdemeanor or persistent disobedience if,
in the judgment of the school board or its designee, as applicable, the interest of the school is served by
the authorization or order. If there is reasonable cause to believe that the pupil is a student with a
disability, and the school district has not evaluated the pupil in accordance with rules of the
superintendent of public instruction to determine if the pupil is a student with a disability, the pupil shall be
evaluated immediately by the intermediate school district of which the school district is constituent in
accordance with section 1711.

STATUTES
(1) If a pupil enrolled in grade 6 or above commits a physical assault at school against another pupil and
the physical assault is reported to the school board, school district superintendent, or building principal,
then the school board or the designee of the school board as described in section 1311(1) on behalf of
the school board shall suspend or expel the pupil from the school district for up to 180 school days. A
district superintendent or building principal who receives a report described in this subsection shall
forward the report to the school board. Notwithstanding section 1147, a school district is not required to
allow an individual expelled from another school district under this section to attend school in the school
district during the expulsion.
(2) If a pupil possesses in a weapon free school zone a weapon that constitutes a dangerous weapon,
commits arson in a school building or on school grounds, or commits criminal sexual conduct in a school
building or on school grounds, the school board, or the designee of the school board as described in
subsection (1) on behalf of the school board, shall expel the pupil from the school district permanently,
subject to possible reinstatement under subsection (5).
380.1311a. Assault by pupil against employee, volunteer, or contractor; expulsion required;
alternative services; referral; reinstatement; immunity from liability; petition for reinstatement
form; rights of pupils eligible for special education programs and services; eligibility of school for
prorated share of foundation allowance; report of assaults; responsibility for enrollment in
educational program; definitions.
(1) If a pupil enrolled in grade 6 or above commits a physical assault at school against a person employed
by or engaged as a volunteer or contractor by the school board and the physical assault is reported to the
Page 10
school board, school district superintendent, or building principal by the victim or, if the victim is unable to
report the assault, by another person on the victim's behalf, then the school board, or the designee of the
school board as described in section 1311(1) on behalf of the school board, shall expel the pupil from the
school district permanently, subject to possible reinstatement under subsection (5). A district
superintendent or building principal who receives a report described in this subsection shall forward the
report to the school board.
(2) If a pupil enrolled in grade 6 or above commits a verbal assault, as defined by school board policy, at
school against a person employed by or engaged as a volunteer or contractor by the school board and
the verbal assault is reported to the school board, school district superintendent, or building principal by
the victim or, if the victim is unable to report the verbal assault, by another person on the victim's behalf,
or if a pupil enrolled in grade 6 or above makes a bomb threat or similar threat directed at a school
building, other school property, or a school-related event, then the school board, or the designee of the
school board as described in section 1311(1) on behalf of the school board, shall suspend or expel the
pupil from the school district for a period of time as determined in the discretion of the school board or its
designee. A district superintendent or building principal who receives a report described in this subsection
shall forward the report to the school board. Notwithstanding section 1147, a school district is not required
to allow an individual expelled from another school district under this subsection to attend school in the
school district during the expulsion.

STATUTES
380.1301. Pregnant persons; expulsion or exclusion from public school prohibited; withdrawal;
alternative educational program or program of special services; rules.
(1) A person who has not completed high school may not be expelled or excluded from a public school
because of being pregnant.

STATUTES
(1) As soon as possible after a suspension under this section, the teacher shall ask the parent or
guardian of the pupil to attend a parent-teacher conference regarding the suspension. Whenever
practicable, a school counselor, school psychologist, or school social worker shall attend the conference.
A school administrator shall attend the conference if the teacher or the parent or guardian so requests.
During a suspension under this section, the pupil shall not be returned that school day to the class,
subject, or activity from which he or she was suspended without the concurrence of the teacher of the
class, subject, or activity and the school principal.
(1) If a pupil enrolled in grade 6 or above commits a physical assault at school against another pupil and
the physical assault is reported to the school board, school district superintendent, or building principal,
then the school board or the designee of the school board as described in section 1311(1) on behalf of
the school board shall suspend or expel the pupil from the school district for up to 180 school days. A
Page 11
district superintendent or building principal who receives a report described in this subsection shall
forward the report to the school board. Notwithstanding section 1147, a school district is not required to
allow an individual expelled from another school district under this section to attend school in the school
district during the expulsion.
380.1310a. Report.
(1) At least annually, each school board shall prepare and submit to the superintendent of public
instruction, in the form and manner prescribed by the superintendent of public instruction, a report stating
the number of pupils expelled from the school district during the immediately preceding school year, with
a brief description of the incident that caused each expulsion.
(1) Subject to subsection (2), the school board, or the school district superintendent, a school building
principal, or another school district official if designated by the school board, may authorize or order the
suspension or expulsion from school of a pupil guilty of gross misdemeanor or persistent disobedience if,
in the judgment of the school board or its designee, as applicable, the interest of the school is served by
the authorization or order. If there is reasonable cause to believe that the pupil is a student with a
disability, and the school district has not evaluated the pupil in accordance with rules of the
superintendent of public instruction to determine if the pupil is a student with a disability, the pupil shall be
evaluated immediately by the intermediate school district of which the school district is constituent in
accordance with section 1711.

STATUTES
(5) The parent or legal guardian of an individual expelled pursuant to subsection (2) or, if the individual is
at least age 18 or is an emancipated minor, the individual may petition the expelling school board for
reinstatement of the individual to public education in the school district. If the expelling school board
denies a petition for reinstatement, the parent or legal guardian or, if the individual is at least age 18 or is
an emancipated minor, the individual may petition another school board for reinstatement of the individual
in that other school district. All of the following apply to reinstatement under this subsection:
(a) For an individual who was enrolled in grade 5 or below at the time of the expulsion and who has
been expelled for possessing a firearm or threatening another person with a dangerous weapon, the
parent or legal guardian or, if the individual is at least age 18 or is an emancipated minor, the individual
may initiate a petition for reinstatement at any time after the expiration of 60 school days after the date
of expulsion. For an individual who was enrolled in grade 5 or below at the time of the expulsion and
who has been expelled pursuant to subsection (2) for a reason other than possessing a firearm or
threatening another person with a dangerous weapon, the parent or legal guardian or, if the individual is
at least age 18 or is an emancipated minor, the individual may initiate a petition for reinstatement at any
time. For an individual who was in grade 6 or above at the time of expulsion, the parent or legal
guardian or, if the individual is at least age 18 or is an emancipated minor, the individual may initiate a
petition for reinstatement at any time after the expiration of 150 school days after the date of expulsion.
Page 12
(b) An individual who was in grade 5 or below at the time of the expulsion and who has been expelled
for possessing a firearm or threatening another person with a dangerous weapon shall not be reinstated
before the expiration of 90 school days after the date of expulsion. An individual who was in grade 5 or
below at the time of the expulsion and who has been expelled pursuant to subsection (2) for a reason
other than possessing a firearm or threatening another person with a dangerous weapon shall not be
reinstated before the expiration of 10 school days after the date of the expulsion. An individual who was
in grade 6 or above at the time of the expulsion shall not be reinstated before the expiration of 180
school days after the date of expulsion.
(c) It is the responsibility of the parent or legal guardian or, if the individual is at least age 18 or is an
emancipated minor, of the individual to prepare and submit the petition. A school board is not required
to provide any assistance in preparing the petition. Upon request by a parent or legal guardian or, if the
individual is at least age 18 or is an emancipated minor, by the individual, a school board shall make
available a form for a petition.
(d) Not later than 10 school days after receiving a petition for reinstatement under this subsection, a
school board shall appoint a committee to review the petition and any supporting information submitted
by the parent or legal guardian or, if the individual is at least age 18 or is an emancipated minor, by the
individual. The committee shall consist of 2 school board members, 1 school administrator, 1 teacher,
and 1 parent of a pupil in the school district. During this time the superintendent of the school district
may prepare and submit for consideration by the committee information concerning the circumstances
of the expulsion and any factors mitigating for or against reinstatement.
(e) Not later than 10 school days after all members are appointed, the committee described in
subdivision (d) shall review the petition and any supporting information and information provided by the
school district and shall submit a recommendation to the school board on the issue of reinstatement.
The recommendation shall be for unconditional reinstatement, for conditional reinstatement, or against
reinstatement, and shall be accompanied by an explanation of the reasons for the recommendation and
of any recommended conditions for reinstatement. The recommendation shall be based on
consideration of all of the following factors:
(i) The extent to which reinstatement of the individual would create a risk of harm to pupils or school
personnel.
(ii) The extent to which reinstatement of the individual would create a risk of school district liability or
individual liability for the school board or school district personnel.
(iii) The age and maturity of the individual.
(iv) The individual's school record before the incident that caused the expulsion.
(v) The individual's attitude concerning the incident that caused the expulsion.
(vi) The individual's behavior since the expulsion and the prospects for remediation of the individual.
(vii) If the petition was filed by a parent or legal guardian, the degree of cooperation and support that
has been provided by the parent or legal guardian and that can be expected if the individual is
reinstated, including, but not limited to, receptiveness toward possible conditions placed on the
reinstatement.
(f) Not later than the next regularly scheduled board meeting after receiving the recommendation of the
committee under subdivision (e), a school board shall make a decision to unconditionally reinstate the
individual, conditionally reinstate the individual, or deny reinstatement of the individual. The decision of
the school board is final.
(g) A school board may require an individual and, if the petition was filed by a parent or legal guardian,
his or her parent or legal guardian to agree in writing to specific conditions before reinstating the
individual in a conditional reinstatement. The conditions may include, but are not limited to, agreement
Page 13
to a behavior contract, which may involve the individual, parent or legal guardian, and an outside
agency; participation in or completion of an anger management program or other appropriate
counseling; periodic progress reviews; and specified immediate consequences for failure to abide by a
condition. A parent or legal guardian or, if the individual is at least age 18 or is an emancipated minor,
the individual may include proposed conditions in a petition for reinstatement submitted under this
subsection.
(6) A school board or school administrator that complies with subsection (2) is not liable for damages for
expelling a pupil pursuant to subsection (2), and the authorizing body of a public school academy is not
liable for damages for expulsion of a pupil by the public school academy pursuant to subsection (2).
(7) The department shall develop and distribute to all school districts a form for a petition for
reinstatement to be used under subsection (5).
(8) This section does not diminish any rights under federal law of a pupil who has been determined to be
eligible for special education programs and services.
(5) The parent or legal guardian of an individual permanently expelled pursuant to this section or, if the
individual is at least age 18 or is an emancipated minor, the individual may petition the expelling school
board for reinstatement of the individual to public education in the school district. If the expelling school
board denies a petition for reinstatement, the parent or legal guardian or, if the individual is at least age
18 or is an emancipated minor, the individual may petition another school board for reinstatement of the
individual in that other school district. All of the following apply to reinstatement under this subsection:
(a) The individual's parent or legal guardian or, if the individual is at least age 18 or is an emancipated
minor, the individual may initiate a petition for reinstatement at any time after the expiration of 150
(b) The individual shall not be reinstated before the expiration of 180 school days after the date of
expulsion.
(c) It is the responsibility of the parent or legal guardian or, if the individual is at least age 18 or is an
emancipated minor, of the individual to prepare and submit the petition. A school board is not required
to provide any assistance in preparing the petition. Upon request by a parent or legal guardian or, if the
individual is at least age 18 or is an emancipated minor, by the individual, a school board shall make
available a form for a petition.
(d) Not later than 10 school days after receiving a petition for reinstatement under this subsection, a
school board shall appoint a committee to review the petition and any supporting information submitted
by the parent or legal guardian or, if the individual is at least age 18 or is an emancipated minor, by the
individual. The committee shall consist of 2 school board members, 1 school administrator, 1 teacher,
and 1 parent of a pupil in the school district. During this time the superintendent of the school district
may prepare and submit for consideration by the committee information concerning the circumstances
of the expulsion and any factors mitigating for or against reinstatement.
(e) Not later than 10 school days after all members are appointed, the committee described in
subdivision (d) shall review the petition and any supporting information and information provided by the
school district and shall submit a recommendation to the school board on the issue of reinstatement.
The recommendation shall be for unconditional reinstatement, for conditional reinstatement, or against
reinstatement, and shall be accompanied by an explanation of the reasons for the recommendation and
Page 14
of any recommended conditions for reinstatement. The recommendation shall be based on

consideration of all of the following factors:
(i) The extent to which reinstatement of the individual would create a risk of harm to pupils or school
personnel.
(ii) The extent to which reinstatement of the individual would create a risk of school district or
individual liability for the school board or school district personnel.
(iii) The age and maturity of the individual.
(iv) The individual's school record before the incident that caused the expulsion.
(v) The individual's attitude concerning the incident that caused the expulsion.
(vi) The individual's behavior since the expulsion and the prospects for remediation of the individual.
(vii) If the petition was filed by a parent or legal guardian, the degree of cooperation and support that
has been provided by the parent or legal guardian and that can be expected if the individual is
reinstated, including, but not limited to, receptiveness toward possible conditions placed on the
reinstatement.
(f) Not later than the next regularly scheduled board meeting after receiving the recommendation of the
committee under subdivision (e), a school board shall make a decision to unconditionally reinstate the
individual, conditionally reinstate the individual, or deny reinstatement of the individual. The decision of
the school board is final.
subsection.
(6) A school board or school administrator that complies with this section is not liable for damages for
suspending or expelling a pupil pursuant to this section, and the authorizing body of a public school
academy is not liable for damages for suspension or expulsion of a pupil by the public school academy
(7) The department shall develop and distribute to all school districts a form for a petition for
reinstatement to be used under subsection (5). The department may designate the form used for a
petition for reinstatement under section 1311 as a form that may be used under this section.
(8) This section does not diminish any rights under federal law of a pupil who has been determined to be
eligible for special education programs and services.
(9) If a pupil expelled from a school district pursuant to this section is enrolled by a public school district
sponsored alternative education program or a public school academy during the period of expulsion, the
public school academy or the alternative education program is immediately eligible for the prorated share
of either the public school academy's or operating school district's foundation allowance or the expelling
school district's foundation allowance, whichever is higher.
Page 15

STATUTES
(a) To restrain or remove a pupil whose behavior is interfering with the orderly exercise and
performance of school district or public school academy functions within a school or at a school-related
activity, if that pupil has refused to comply with a request to refrain from further disruptive acts.
(b) For self-defense or the defense of another.
(c) To prevent a pupil from inflicting harm on himself or herself.
(d) To quell a disturbance that threatens physical injury to any person.
(f) To protect property.
STATUTES
(2) If an individual is expelled pursuant to this section, it is the responsibility of that individual and of his or
her parent or legal guardian to locate a suitable educational program and to enroll the individual in such a
program during the expulsion. The office for safe schools in the department shall compile information on
and catalog existing alternative education programs or schools and nonpublic schools that may be open
to enrollment of individuals expelled under this section and pursuant to section 1311(2) or 1311a, and
shall periodically distribute this information to school districts for distribution to expelled individuals. A
school board that establishes an alternative education program or school described in this subsection
shall notify the office for safe schools about the program or school and the types of pupils it serves. The
office for safe schools also shall work with and provide technical assistance to school districts, authorizing
bodies for public school academies, and other interested parties in developing these types of alternative
education programs or schools in geographic areas that are not being served.
(3) If an individual is expelled pursuant to subsection (2), the expelling school district shall enter on the
individual's permanent record that he or she has been expelled pursuant to subsection (2). Except if a
school district operates or participates cooperatively in an alternative education program appropriate for
individuals expelled pursuant to subsection (2) and in its discretion admits the individual to that program,
and except for a strict discipline academy established under sections 1311b to 1311l, an individual
Page 16
expelled pursuant to subsection (2) is expelled from all public schools in this state and the officials of a
school district shall not allow the individual to enroll in the school district unless the individual has been
reinstated under subsection (5). Except as otherwise provided by law, a program operated for individuals
expelled pursuant to subsection (2) shall ensure that those individuals are physically separated at all
times during the school day from the general pupil population. If an individual expelled from a school
district pursuant to subsection (2) is not placed in an alternative education program or strict discipline
academy, the school district may provide, or may arrange for the intermediate school district to provide,
appropriate instructional services to the individual at home. The type of services provided shall meet the
requirements of section 6(4)(u) of the state school aid act of 1979, MCL 388.1606, and the services may
be contracted for in the same manner as services for homebound pupils under section 109 of the state
school aid act of 1979, MCL 388.1709. This subsection does not require a school district to expend more
money for providing services for a pupil expelled pursuant to subsection (2) than the amount of the
foundation allowance the school district receives for the pupil as calculated under section 20 of the state
school aid act of 1979, MCL 388.1620.
(9) If a pupil expelled from a public school district pursuant to subsection (2) is enrolled by a public school
district sponsored alternative education program or a public school academy during the period of
expulsion, the public school academy or alternative education program shall immediately become eligible
for the prorated share of either the public school academy or operating school district's foundation
allowance or the expelling school district's foundation allowance, whichever is higher.
(10) If an individual is expelled pursuant to subsection (2), it is the responsibility of that individual and of
his or her parent or legal guardian to locate a suitable alternative educational program and to enroll the
individual in such a program during the expulsion. The office of safe schools in the department shall
compile information on and catalog existing alternative education programs or schools and nonpublic
schools that may be open to enrollment of individuals expelled pursuant to subsection (2) and pursuant to
section 1311a, and shall periodically distribute this information to school districts for distribution to
expelled individuals. A school board that establishes an alternative education program or school
described in this subsection shall notify the office of safe schools about the program or school and the
types of pupils it serves. The office of safe schools also shall work with and provide technical assistance
to school districts, authorizing bodies for public school academies, and other interested parties in
developing these types of alternative education programs or schools in geographic areas that are not
being served.
(3) If an individual is permanently expelled pursuant to this section, the expelling school district shall enter
on the individual's permanent record that he or she has been permanently expelled pursuant to this
section. Except if a school district operates or participates cooperatively in an alternative education
program appropriate for individuals expelled pursuant to this section and section 1311(2) and in its
discretion admits the individual to that program, and except for a strict discipline academy established
under sections 1311b to 1311l, an individual permanently expelled pursuant to this section is expelled
from all public schools in this state and the officials of a school district shall not allow the individual to
enroll in the school district unless the individual has been reinstated under subsection (5). Except as
otherwise provided by law, a program operated for individuals expelled pursuant to this section and
section 1311(2) shall ensure that those individuals are physically separated at all times during the school
day from the general pupil population. If an individual permanently expelled from a school district
Page 17
pursuant to this section is not placed in an alternative education program or strict discipline academy, the
school district may provide, or may arrange for the intermediate school district to provide, appropriate
instructional services to the individual at home. The type of services provided shall meet the requirements
of section 6(4)(u) of the state school aid act of 1979, MCL 388.1606, and the services may be contracted
for in the same manner as services for homebound pupils under section 109 of the state school aid act of
1979, MCL 388.1709. This subsection does not require a school district to expend more money for
providing services for a pupil permanently expelled pursuant to this section than the amount of the
foundation allowance the school district receives for the pupil under section 20 of the state school aid act
of 1979, MCL 388.1620.
380.1311g. Strict discipline academy; location; tuition; admission policies or practices;
enrollment; types of pupils; special education pupils; individuals committed to high-security or
medium-security juvenile facility; residence requirements; grades.
(3) A strict discipline academy shall be established under sections 1311b to 1311l specifically for enrolling
1 or more of the following types of pupils:
(b) Pupils who have been expelled under section 1311(2).
(c) Pupils who have been expelled under section 1311a or another provision of this act.
(d) Other pupils who have been expelled from school, or pupils who have been suspended from school
for a suspension that is for a period in excess of 10 school days, and who are referred to the strict
discipline academy by that pupil's school and placed in the strict discipline academy by the pupil's
parent or legal guardian. However, a suspended pupil shall be allowed to attend the strict discipline
academy only for the duration of the suspension.
Page 18

Conditions
STATUTES
(2) The statewide school safety information policy also may address procedures for reporting incidents
involving possession of a dangerous weapon as required under section 1313.
subject to possible reinstatement under subsection (5).However, a school board is not required to expel a
pupil for possessing a weapon if the pupil establishes in a clear and convincing manner at least 1 of the
following:
(a) The object or instrument possessed by the pupil was not possessed by the pupil for use as a
weapon, or for direct or indirect delivery to another person for use as a weapon.
(b) The weapon was not knowingly possessed by the pupil.
(c) The pupil did not know or have reason to know that the object or instrument possessed by the pupil
constituted a dangerous weapon.
(d) The weapon was possessed by the pupil at the suggestion, request, or direction of, or with the
express permission of, school or police authorities.
Page 19
380.1313. Dangerous weapon found in possession of pupil; report; confiscation by school official;
(1) If a dangerous weapon is found in the possession of a pupil while the pupil is in attendance at school
or a school activity or while the pupil is enroute to or from school on a school bus, the superintendent of
the school district or intermediate school district, or his or her designee, immediately shall report that
finding to the pupil's parent or legal guardian and the local law enforcement agency.
(2) If a school official finds that a dangerous weapon is in the possession of a pupil as described in
subsection (1), the school official may confiscate the dangerous weapon or shall request a law
enforcement agency to respond as soon as possible and to confiscate the dangerous weapon. If a school
official confiscates a dangerous weapon under this subsection, the school official shall give the
dangerous weapon to a law enforcement agency and shall not release the dangerous weapon to any
other person, including the legal owner of the dangerous weapon. A school official who complies in good
faith with this section is not civilly or criminally liable for that compliance.
(4) As used in this section, dangerous weapon means a firearm, dagger, dirk, stiletto, knife with a blade
over 3 inches in length, pocket knife opened by a mechanical device, iron bar, or brass knuckles.
Other weapons
STATUTES
(2) The statewide school safety information policy also may address procedures for reporting incidents
involving possession of a dangerous weapon as required under section 1313.
Page 20
subject to possible reinstatement under subsection (5).However, a school board is not required to expel a
pupil for possessing a weapon if the pupil establishes in a clear and convincing manner at least 1 of the
following:
(a) The object or instrument possessed by the pupil was not possessed by the pupil for use as a
weapon, or for direct or indirect delivery to another person for use as a weapon.
(b) The weapon was not knowingly possessed by the pupil.
(c) The pupil did not know or have reason to know that the object or instrument possessed by the pupil
constituted a dangerous weapon.
(d) The weapon was possessed by the pupil at the suggestion, request, or direction of, or with the
express permission of, school or police authorities.
Page 21

STATUTES
380.1586. Nonattendance at school; notice; investigation; discussion of irregular attendance,
failing work, or behavior problems with parent.
(1) The attendance officer shall investigate each case of nonattendance at school when notified by a
teacher, superintendent, intermediate superintendent, or other person of a violation of this part. If the child
complained of is not exempt from public school attendance under the conditions listed in section 1561,
the attendance officer shall proceed immediately in the manner provided in this part.
(2) If a child is repeatedly absent from school without valid excuse, or is failing in schoolwork or gives
evidence of behavior problems, and attempts to confer with the parent or other person in parental
relationship to the child fail, the superintendent of schools, or the intermediate superintendent in a district
which does not employ a superintendent, may request the attendance officer to notify the parent or other
person in parental relationship by registered mail to come to the school or to a place designated at a time
specified to discuss the child's irregularity in attendance, failing work, or behavior problems with the
proper school authorities.
(3) The superintendent, or the teacher in a district which does not employ a superintendent, shall provide
information concerning the nonattendance of each nonresident pupil to the intermediate superintendent of
the intermediate school district in which the nonresident pupil resides. The intermediate attendance
officer, when notified by the intermediate superintendent or superintendent of schools, shall investigate
and proceed in all cases of nonattendance of nonresident pupils in the same manner provided in this part
for enforcing attendance of pupils attending schools in districts in which they reside.
Page 22

STATUTES
380.1571. Attendance officers; acceptance and oath of office; surety bond; powers and duties; list
of teachers and superintendent.
(1) The intermediate school board shall select 1 or more persons to act as attendance officers for the
intermediate school district. An attendance officer shall file with the secretary of the intermediate school
board an acceptance and oath of office, and a surety bond in the sum of $1,000.00.
(2) The board of a school district having a pupil membership of 1,000 or more on the latest pupil
membership count day may employ attendance officers. An attendance officer employed by a board of
education shall give a surety bond to the board in the sum of $1,000.00.
(3) An attendance officer of an intermediate school district or a local school district shall have the powers
of a deputy sheriff within the district or the intermediate school district while performing official duties. An
intermediate school district attendance officer shall perform the duties of the office in each constituent
district in which the local board does not employ an attendance officer.
(4) At the opening of the schools the intermediate superintendent shall furnish the intermediate
attendance officer with a list of the teachers and superintendents employed in constituent districts other
than those employing an attendance officer.
Page 23
Substance use
STATUTES
380.1170. Physiology and hygiene; instruction; development of comprehensive health education
(1) Instruction shall be given in physiology and hygiene, with special reference to substance abuse,
including the abusive use of tobacco, alcohol, and drugs, and their effect upon the human system.
(2) Comprehensive health education programs shall be developed as prescribed by Act No. 226 of the
Public Acts of 1969, being sections 388.381 to 388.385 of the Michigan Compiled Laws.
(3) A child upon the written statement of parent or guardian that instruction in the characteristics or
symptoms of disease is in conflict with his or her sincerely held religious beliefs shall be excused from
attending classes where such instruction is being given and no penalties as to credit or graduation shall
result therefrom.
380.1310a. Report.
(2) In order to obtain an accurate local and statewide picture of school crime and to develop the
partnerships necessary to plan and implement school safety programs, at least annually, each school
board shall report to the superintendent of public instruction, in the form and manner prescribed by the
superintendent of public instruction, incidents of crime occurring at school within the school district. In
determining the form and manner of this report, the superintendent of public instruction shall consult with
local and intermediate school districts and law enforcement officials. The reporting shall include at least
crimes involving physical violence, gang-related activity, illegal possession of a controlled substance or
controlled substance analogue, or other intoxicant, trespassing, and property crimes including, but not
limited to, theft and vandalism. For a property crime, the report shall include an estimate of the cost to the
school district resulting from the property crime. The school crime reporting requirements of this
subsection are intended to do all of the following:
(a) Help policymakers and program designers at the local and state levels develop appropriate
prevention and intervention programs.
(b) Provide the continuous assessment tools needed for revising and refining school safety programs.
(c) Assist schools and school districts to identify the most pressing safety issues confronting their school
communities, to direct resources appropriately, and to enhance campus safety through prevention and
intervention strategies.
(d) Foster the creation of partnerships among schools, school districts, state agencies, communities,
law enforcement, and the media to prevent further crime and violence and to assure a safe learning
environment for every pupil.
380.1318. Use of performance-enhancing substances in interscholastic athletics; eligibility policy;
list of drugs to be provided by department of community health.
(1) The board of a school district or board of directors of a public school academy shall ensure that its
policies concerning a pupil's eligibility for participation in interscholastic athletics include use of a
performance-enhancing substance by the pupil as a violation that will affect a pupil's eligibility, as
determined by the board or board of directors. The governing body of a nonpublic school is encouraged
to adopt an eligibility policy that meets the requirements of this section.
(2) For the purposes of this section, the department of community health shall develop, periodically
update, and make available to school districts, public school academies, and nonpublic schools a list of
Page 24
performance-enhancing substances. The department of community health shall base the list on the list of
banned drugs contained in bylaw 31.2.3.1 of the bylaws of the national collegiate athletic association.

STATUTES
(2) Subject to subsection (3), before adopting the policy required under subsection (1), the board or board
of directors shall hold at least 1 public hearing on the proposed policy. This public hearing may be held as
part of a regular board meeting. Subject to subsection (3), not later than 30 days after adopting the policy,
the board or board of directors shall submit a copy of its policy to the department.
(3) If, as of the effective date of this section, a school district, intermediate school district, or public school
academy has already adopted and implemented an existing policy prohibiting bullying at school and that
policy is in compliance with subsection (5), the board of the school district or intermediate school district
or board of directors of the public school academy is not required to adopt and implement a new policy
under subsection (1). However, this subsection applies to a school district, intermediate school district, or
public school academy described in this subsection only if the board or board of directors submits a copy
of its policy to the department not later than 60 days after the effective date of this section.
(4) Not later than 1 year after the deadline under subsection (2) for districts and public school academies
to submit copies of their policies to the department, the department shall submit a report to the senate
and house standing committees on education summarizing the status of the implementation of policies
under this section.
(a) A statement prohibiting bullying of a pupil.
(b) A statement prohibiting retaliation or false accusation against a target of bullying, a witness, or
another person with reliable information about an act of bullying.
(c) A provision indicating that all pupils are protected under the policy and that bullying is equally
prohibited without regard to its subject matter or motivating animus.
(d) The identification by job title of school officials responsible for ensuring that the policy is
implemented.
(e) A statement describing how the policy is to be publicized.
(f) A procedure for providing notification to the parent or legal guardian of a victim of bullying and the
parent or legal guardian of a perpetrator of the bullying.
(g) A procedure for reporting an act of bullying.
(h) A procedure for prompt investigation of a report of violation of the policy or a related complaint,
identifying either the principal or the principal's designee as the person responsible for the investigation.
(i) A procedure for each public school to document any prohibited incident that is reported and a
procedure to report all verified incidents of bullying and the resulting consequences, including discipline
Page 25
and referrals, to the board of the school district or intermediate school district or board of directors of
the public school academy on an annual basis.
bullying.
(7) A school employee, school volunteer, pupil, or parent or guardian who promptly reports in good faith
an act of bullying to the appropriate school official designated in the school district's or public school
academy's policy and who makes this report in compliance with the procedures set forth in the policy is
immune from a cause of action for damages arising out of the reporting itself or any failure to remedy the
reported incident. However, this immunity does not apply to a school official who is designated under
subsection (5)(d), or who is responsible for remedying the bullying, when acting in that capacity.
(a) "At school" means in a classroom, elsewhere on school premises, on a school bus or other schoolrelated vehicle, or at a school-sponsored activity or event whether or not it is held on school premises.
"At school" includes conduct using a telecommunications access device or telecommunications service
provider that occurs off school premises if the telecommunications access device or the
telecommunications service provider is owned by or under the control of the school district or public
school academy.
(b) "Bullying" means any written, verbal, or physical act, or any electronic communication, that is
intended or that a reasonable person would know is likely to harm 1 or more pupils either directly or
indirectly by doing any of the following:
(i) Substantially interfering with educational opportunities, benefits, or programs of 1 or more pupils.
(ii) Adversely affecting the ability of a pupil to participate in or benefit from the school district's or
public school's educational programs or activities by placing the pupil in reasonable fear of physical
harm or by causing substantial emotional distress.
(iii) Having an actual and substantial detrimental effect on a pupil's physical or mental health.
(iv) Causing substantial disruption in, or substantial interference with, the orderly operation of the
school.
(c) "Telecommunications access device" and "telecommunications service provider" mean those terms
as defined in section 219a of the Michigan penal code, 1931 PA 328, MCL 750.219a.
(9) This section shall be known as "Matt's Safe School Law".
750.411t. Hazing prohibited; violation; penalty; exceptions; certain defenses barred; definitions;
section title.
(1) Except as provided in subsection (4), a person who attends, is employed by, or is a volunteer of an
educational institution shall not engage in or participate in the hazing of an individual.
(2) A person who violates subsection (1) is guilty of a crime punishable as follows:
Page 26
(a) If the violation results in physical injury, the person is guilty of a misdemeanor punishable by
imprisonment for not more than 93 days or a fine of not more than $1,000.00, or both.
(b) If the violation results in serious impairment of a body function, the person is guilty of a felony
punishable by imprisonment for not more than 5 years or a fine of not more than $2,500.00, or both.
(c) If the violation results in death, the person is guilty of a felony punishable by imprisonment for not
more than 15 years or a fine of not more than $10,000.00, or both.
(3) A criminal penalty provided for under this section may be imposed in addition to any penalty that may
be imposed for any other criminal offense arising from the same conduct.
(4) This section does not apply to an individual who is the subject of the hazing, regardless of whether the
individual voluntarily allowed himself or herself to be hazed.
(5) This section does not apply to an activity that is normal and customary in an athletic, physical
education, military training, or similar program sanctioned by the educational institution.
(6) It is not a defense to a prosecution for a crime under this section that the individual against whom the
hazing was directed consented to or acquiesced in the hazing.
(a) Educational institution means a public or private school that is a middle school, junior high school,
high school, vocational school, college, or university located in this state.
(b) Hazing means an intentional, knowing, or reckless act by a person acting alone or acting with
others that is directed against an individual and that the person knew or should have known endangers
the physical health or safety of the individual, and that is done for the purpose of pledging, being
initiated into, affiliating with, participating in, holding office in, or maintaining membership in any
organization. Subject to subsection (5), hazing includes any of the following that is done for such a
purpose:
(i) Physical brutality, such as whipping, beating, striking, branding, electronic shocking, placing of a
harmful substance on the body, or similar activity.
(ii) Physical activity, such as sleep deprivation, exposure to the elements, confinement in a small
space, or calisthenics, that subjects the other person to an unreasonable risk of harm or that adversely
affects the physical health or safety of the individual.
(iii) Activity involving consumption of a food, liquid, alcoholic beverage, liquor, drug, or other
substance that subjects the individual to an unreasonable risk of harm or that adversely affects the
physical health or safety of the individual.
(iv) Activity that induces, causes, or requires an individual to perform a duty or task that involves the
commission of a crime or an act of hazing.
(c) Organization means a fraternity, sorority, association, corporation, order, society, corps,
cooperative, club, service group, social group, athletic team, or similar group whose members are
primarily students at an educational institution.
(d) Pledge means an individual who has been accepted by, is considering an offer of membership
from, or is in the process of qualifying for membership in any organization.
(e) Pledging means any action or activity related to becoming a member of an organization.
(f) Serious impairment of a body function means that term as defined in section 479a.
(8) This section shall be known and may be cited as Garret's law.
Page 27

STATUTES
subject to possible reinstatement under subsection (5).
Page 28

Prevention
STATUTES
380.1170. Physiology and hygiene; instruction; development of comprehensive health education
(1) Instruction shall be given in physiology and hygiene, with special reference to substance abuse,
including the abusive use of tobacco, alcohol, and drugs, and their effect upon the human system.
(2) Comprehensive health education programs shall be developed as prescribed by Act No. 226 of the
Public Acts of 1969, being sections 388.381 to 388.385 of the Michigan Compiled Laws.
(3) A child upon the written statement of parent or guardian that instruction in the characteristics or
symptoms of disease is in conflict with his or her sincerely held religious beliefs shall be excused from
attending classes where such instruction is being given and no penalties as to credit or graduation shall
result therefrom.
380.1310a. Report.
Page 29
bullying.

STATUTES
380.1310a. Report.
subsection.
Page 30

subsection.
STATUTES
Page 31
bullying.
Page 32

STATUTES
(g) A procedure for reporting an act of bullying.
(h) A procedure for prompt investigation of a report of violation of the policy or a related complaint,
identifying either the principal or the principal's designee as the person responsible for the investigation.
STATUTES
(d) The amount and nature of assistance to be provided by school officials, and the scope of their
involvement in law enforcement procedures. This provision shall require school officials to notify the
Page 33
parent or legal guardian of a minor pupil who is a victim or witness when law enforcement authorities
interview the pupil.
(9) Reporting of information by a school district or school personnel under this section is subject to
section 444 of subpart 4 of part C of the general education provisions act, Title IV of Public Law 90-247,
20 U.S.C. 1232g, commonly referred to as the family educational rights and privacy act of 1974.
(10) If a pupil is involved in an incident reported to law enforcement according to the statewide school
safety information policy under this section, then upon request by school officials, the pupil's parent or
legal guardian shall execute any waivers or consents necessary to allow school officials access to
school, court, or other pertinent records of the pupil concerning the incident and action taken as a result
of the incident.
(1) If a teacher in a public school has good reason to believe that a pupil's conduct in a class, subject, or
activity constitutes conduct for which the pupil may be suspended from a class, subject, or activity
according to the local policy required under subsection (2), the teacher may cause the pupil to be
suspended from the class, subject, or activity for up to 1 full school day. The teacher shall immediately
report the suspension and the reason for the suspension to the school principal and send the pupil to the
school principal or the school principal's designee for appropriate action. If that action requires the
continued presence of the pupil at school, the pupil shall be under appropriate supervision. As soon as
possible after a suspension under this section, the teacher shall ask the parent or guardian of the pupil to
attend a parent-teacher conference regarding the suspension. Whenever practicable, a school counselor,
school psychologist, or school social worker shall attend the conference. A school administrator shall
attend the conference if the teacher or the parent or guardian so requests. During a suspension under
this section, the pupil shall not be returned that school day to the class, subject, or activity from which he
or she was suspended without the concurrence of the teacher of the class, subject, or activity and the
school principal.
(f) A procedure for providing notification to the parent or legal guardian of a victim of bullying and the
parent or legal guardian of a perpetrator of the bullying.
(4) If a school board expels an individual pursuant to subsection (2), the school board shall ensure that,
within 3 days after the expulsion, an official of the school district refers the individual to the appropriate
county department of social services or county community mental health agency and notifies the
individual's parent or legal guardian or, if the individual is at least age 18 or is an emancipated minor,
notifies the individual of the referral.
Page 34

STATUTES
(4) A law enforcement agency having jurisdiction over the school may assist school personnel in
conducting a search of a pupil's locker and the locker's contents if that assistance is at the request of the
school principal or his or her designee and the search is conducted in accordance with the policy under
subsection (2).
(2) The statewide school safety information policy required under subsection (1) shall identify the types of
incidents occurring at school that must be reported to law enforcement agencies and shall establish
procedures to be followed when such an incident occurs at school. The statewide school safety
information policy also may address procedures for reporting incidents involving possession of a
dangerous weapon as required under section 1313. The statewide school safety information policy shall
address at least all of the following:
(a) Law enforcement protocols and priorities for the reporting process. The law enforcement protocols
must be developed with the cooperation of the appropriate state or local law enforcement agency. The
law enforcement priorities shall include at least investigation of reported incidents, identification of those
Page 35
involved in a reported incident, assistance in prevention of these types of incidents, and, when
appropriate, assistance from a child protection agency.
(b) Definition of the types of incidents requiring reporting to law enforcement and response by law
enforcement, taking into account the intent of the actor and the circumstances surrounding the incident.
(c) Protocols for responding to reportable incidents, addressing at least all of the following:
(i) Initial notification and reporting by school officials.
(ii) The information to be provided by school officials.
(iii) Initial response by law enforcement agencies, which shall be specifically tailored for incidents in
progress, incidents not in progress, and incidents involving delayed reporting. School officials shall be
consulted to determine the extent of law enforcement involvement required by the situation.
(iv) Custody of actors.
(3) If school officials of a school district determine that an incident has occurred at school that is required
to be reported to law enforcement agencies according to the statewide school safety information policy
under this section, the superintendent of the school district, or his or her designee, immediately shall
report that finding to the appropriate state or local law enforcement agency in the manner prescribed in
the statewide school safety information policy.
(4) If provided in the statewide school safety information policy under this section, a local law enforcement
agency that has jurisdiction over a school building of a school district shall report to the school officials of
the school building incidents reported to the law enforcement agency that allege the commission of a
crime and that, according to the incident report, either occurred on school property or within 1,000 feet of
the school property or involved a pupil or staff member of the school as a victim or alleged perpetrator.
Upon request by a law enforcement agency, school officials shall provide the law enforcement agency
with any information the law enforcement agency determines it needs to provide this report to school
officials.
(5) If provided in the statewide school safety information policy under this section, the prosecuting
attorney of a county shall notify a school district located in whole or in part in that county of any criminal or
juvenile court action initiated or taken against a pupil of the school district, including, but not limited to,
convictions, adjudications, and dispositions. This notification shall be made to either the school district
superintendent or to the intermediate superintendent of the intermediate school district in which the
county is located, as provided in the policy or by local agreement. If the notification is made to the
intermediate superintendent, the intermediate superintendent shall forward the information to the
superintendent of the school district in which the pupil is enrolled. Upon receipt of information under this
subsection, a school district superintendent shall share the information with appropriate school building
personnel. The prosecuting attorney may inquire of each school age individual involved in a court action
described in this subsection whether the individual is a pupil in a school district and, if so, in which school
district.
(6) If provided for in the statewide school safety information policy under this section, the appropriate
court shall inform an appropriate school administrator of the name of the individual assigned to monitor a
convicted or adjudicated youth attending a public school and of how that individual may be contacted.
(7) A school board, county prosecutor, and local law enforcement agency may enter into a local
agreement or take other measures to facilitate the sharing of school safety information or to promote
school safety if the agreement or other measures are consistent with the statewide school safety
information policy.
(8) A school board shall cooperate with local law enforcement agencies to ensure that detailed and
accurate building plans, blueprints, and site plans, as appropriate, for each school building operated by
the school board are provided to the appropriate local law enforcement agency.
Page 36

STATUTES
(4) If provided in the statewide school safety information policy under this section, a local law enforcement
agency that has jurisdiction over a school building of a school district shall report to the school officials of
the school building incidents reported to the law enforcement agency that allege the commission of a
crime and that, according to the incident report, either occurred on school property or within 1,000 feet of
the school property or involved a pupil or staff member of the school as a victim or alleged perpetrator.
Upon request by a law enforcement agency, school officials shall provide the law enforcement agency
with any information the law enforcement agency determines it needs to provide this report to school
officials.
(9) Reporting of information by a school district or school personnel under this section is subject to
section 444 of subpart 4 of part C of the general education provisions act, Title IV of Public Law 90-247,
20 U.S.C. 1232g, commonly referred to as the family educational rights and privacy act of 1974.
(10) If a pupil is involved in an incident reported to law enforcement according to the statewide school
safety information policy under this section, then upon request by school officials, the pupil's parent or
legal guardian shall execute any waivers or consents necessary to allow school officials access to school,
court, or other pertinent records of the pupil concerning the incident and action taken as a result of the
incident.

STATUTES
380.1310a. Report.
(1) At least annually, each school board shall prepare and submit to the superintendent of public
instruction, in the form and manner prescribed by the superintendent of public instruction, a report stating
the number of pupils expelled from the school district during the immediately preceding school year, with
a brief description of the incident that caused each expulsion.
Page 37
(a) Help policymakers and program designers at the local and state levels develop appropriate
prevention and intervention programs.
(b) Provide the continuous assessment tools needed for revising and refining school safety programs.
(3) Each school building shall collect and keep current on a weekly basis the information required for the
report under subsection (2) and must provide that information, within 7 days, upon request. At least
annually, each school board shall make a copy disaggregated by school building, of the most recent
report for the school district under subsection (2) available to the parent or legal guardian of each pupil
enrolled in the school district.
(4) As used in this section, school board and school district mean those terms as defined in section
1310.
(i) A procedure for each public school to document any prohibited incident that is reported and a
procedure to report all verified incidents of bullying and the resulting consequences, including discipline
and referrals, to the board of the school district or intermediate school district or board of directors of
the public school academy on an annual basis.
Page 38

STATUTES
STATUTES
(1) The intermediate school board shall select 1 or more persons to act as attendance officers for the
intermediate school district. An attendance officer shall file with the secretary of the intermediate school
board an acceptance and oath of office, and a surety bond in the sum of $1,000.00.
(2) The board of a school district having a pupil membership of 1,000 or more on the latest pupil
membership count day may employ attendance officers. An attendance officer employed by a board of
education shall give a surety bond to the board in the sum of $1,000.00.
Page 39
(4) At the opening of the schools the intermediate superintendent shall furnish the intermediate
attendance officer with a list of the teachers and superintendents employed in constituent districts other
than those employing an attendance officer.

Page 40

Page 41
Other/Uncategorized
STATUTES
(7) A school employee, school volunteer, pupil, or parent or guardian who promptly reports in good faith
an act of bullying to the appropriate school official designated in the school district's or public school
academy's policy and who makes this report in compliance with the procedures set forth in the policy is
immune from a cause of action for damages arising out of the reporting itself or any failure to remedy the
reported incident. However, this immunity does not apply to a school official who is designated under
subsection (5)(d), or who is responsible for remedying the bullying, when acting in that capacity.
(6) A school board or school administrator that complies with subsection (2) is not liable for damages for
expelling a pupil pursuant to subsection (2), and the authorizing body of a public school academy is not
liable for damages for expulsion of a pupil by the public school academy pursuant to subsection (2).
(6) A school board or school administrator that complies with this section is not liable for damages for
suspending or expelling a pupil pursuant to this section, and the authorizing body of a public school
academy is not liable for damages for suspension or expulsion of a pupil by the public school academy
or public school academy who exercises necessary reasonable physical force upon a pupil, or upon
another person of school age in a school-related setting, as described in subsection (4) is not liable in a
civil action for damages arising from the use of that physical force and is presumed not to have violated
subsection (3) by the use of that physical force. This subsection does not alter or limit a person's
immunity from liability provided under 1964 PA 170, MCL 691.1401 to 691.1415.
Page 42

STATUTES
380.1310a. Report.
(2) Subject to subsection (3), before adopting the policy required under subsection (1), the board or board
of directors shall hold at least 1 public hearing on the proposed policy. This public hearing may be held as
part of a regular board meeting.
(4) If a school board expels an individual pursuant to subsection (2), the school board shall ensure that,
within 3 days after the expulsion, an official of the school district refers the individual to the appropriate
county department of social services or county community mental health agency and notifies the
individual's parent or legal guardian or, if the individual is at least age 18 or is an emancipated minor,
notifies the individual of the referral.
Page 43
subsection.
Other/Uncategorized
Page 44

School Discipline
resources provided by Michigan provide additional context to state policy and regulations and, in some
Title
Description
Michigan Department of
Education (MDE)
Integrating Mental Health
in Schools Toolkit
Provides schools with the tools needed

to assess the school districts
approach to mental health and improve
educational performance through
community collaboration.
http://michigan.gov/mde/0,4615,
7-140-43092_53593---,00.html
Michigan Safe Schools
Includes links to documents and

resources, including information and
data on school violence and safety
reporting and expulsion, state
emergency planning resources, and
state board policy documents on safe
schools.
http://michigan.gov/safeschools/
0,4665,7-181-49444---,00.html
Michigan State Board of

Education (MSBE) State
Model Bullying Policy
Provides a model for school districts to

assist in developing their own school
anti-bullying policies.
http://michigan.gov/documents/m
de/Model_Anti-Bullying_Policy_
with_Revisions_338592_7.pdf

Education Policies on
Bullying
Requires state education programs

and public schools to develop plans to
prevent and respond to bullying as part
of a district-wide safety and discipline
plan.
de/Model_Anti-Bullying_Policy_
with_Revisions_338556_7.pdf

Education Policy on
Integrating Mental Health
in Schools
Establishes 14 recommended
universal prevention, early
intervention, and treatment practices
for schools and districts to establish
socially and emotionally healthy
schools.
de/MH_policy_339729_7.pdf
Education-Suspensions
and Expulsions
Provides guidance to schools on the

appropriate use of suspension and
expulsions in compliance with state
law.
http://www.michigan.gov/docume
nts/suspensions_118759_7.pdf
Website
Documents
Page 45
Title
Description

Education Positive
Behavior Support Policy
States that school districts should

implement a system of school-wide
positive behavior support strategies.
de/Positivebehaviorsupportpolicy
_172347_7.pdf
Standards for the

Emergency Use of
Seclusion and Restraint
Standards
Provides guidance to schools on the

use of seclusion and restraint.
de/Seclusion_and_Restraint_Sta
ndards_180715_7.pdf
Policy on Coordinated
School Health Programs
to Support Academic
Achievement and Healthy
Schools
Encourages schools to plan and

implement Coordinated School Health
Programs and includes specific
recommendations.
http://michigan.gov/documents/
CSHP_Policy_77375_7.pdf
Education Universal
Education Vision &
Principles, with Glossary
of Terms
Articulates the vision and principles of

universal education.
http://michigan.gov/documents/Un
ivEdBrochureFINAL_incl_152066
_7._Glossary_03-02-06a.pdf
School-Wide Positive
Behavioral Interventions
and Supports
Implementation Guide
2010
Intended to help schools implement

positive behavioral interventions that
can work as alternatives to traditional
discipline techniques like suspension.
The approach is tiered and allows
intervention at various levels of
behavioral difficulty.
http://www.michigan.gov/docume
nts/mde/SchoolwidePBS_264634
_7.pdf
Other Resources
found
Page 46
Minnesota
Discipline Laws and
Regulations
Introduction
document.
Notes & Disclaimers

Prepared by:
Child Trends
Suite 1200W

Suite 110
Table of Contents
Minnesota State Codes Cited..................................................................................................................... 1
Scope ........................................................................................................................................................ 5
Other weapons ........................................................................................................................................ 21
Substance use......................................................................................................................................... 25
Prevention ............................................................................................................................................... 28
Minnesota State Codes Cited

Minnesota Revised Statutes
Education Code: Prekindergarten - Grade 12
Chapter 120A. Education Code; Compulsory Attendance
120A.30.
Attendance officers
Chapter 120B. Curriculum and Assessment

120B.22.
120B.23.
Violence prevention education

Violence prevention education grants
Chapter 121A. Student Rights, Responsibilities, and Behavior

121A.01.
Definitions
Discrimination; Harassment; Violence

121A.03.
121A.035.
121A.05.
121A.06.
121A.0695.
Model policy
Crisis management policy
Policy to refer firearms possessor
Reports of dangerous weapon incidents in school zones
School board policy; prohibiting intimidation and bullying
Student Health and Safety

121A.17.
121A.25.
121A.26.
121A.28.
121A.29.
School board responsibilities

Chemical abuse preassessment teams; definitions
School preassessment teams
Law enforcement records
Reporting; chemical abuse
Pupil Fair Dismissal Act

121A.40.
121A.41.
121A.42.
121A.43.
121A.44.
121A.45.
121A.46.
121A.47.
121A.48.
121A.49.
121A.50.
121A.51.
121A.52.
121A.53.
121A.54.
Citation
Definitions
Policy
Exclusion and expulsion of pupils with a disability
Expulsion for possession of firearm
Grounds for dismissal
Suspension procedures
Exclusion and expulsion procedures
Good faith exception
Appeal
Judicial review
Reports to service agency
Nonapplication of compulsory attendance law
Report to commissioner of education
Notice of right to Be reinstated
Minnesota Compilation of School Discipline Laws and Regulations
Page 1
121A.55.
121A.56.
121A.575.
Policies to be established
Application
Alternatives to pupil suspension
Discipline; All Students

121A.58.
121A.582.
121A.585.
121A.59.
121A.60.
121A.61.
121A.64.
121A.65.
121A.67.
121A.69.
121A.70.
121A.72.
Corporal punishment
Student discipline; reasonable force
Notice of recording device on a school bus
Bus transportation a privilege not a right
Definitions
Discipline and removal of students from class
Notification; teachers' legitimate educational interest
Review of policy
Aversive and deprivation procedures
Hazing policy
Secret fraternities and societies
School locker policy
Juvenile Justice Data

121A.75.
Receipt of records; sharing
Chapter 122A. Teachers and Other Educators

122A.66.
Teacher training; effects of drugs and alcohol
Chapter 123B. School District Powers and Duties

123B.41.
Definitions
Chapter 124D. Education Programs

124D.03.
124D.68.
Enrollment options program

Graduation incentives program
Chapter 125A. Special Education and Special Programs

125A.0941.
Definitions
Public Welfare and Related Activities

Chapter 260A. Truancy
260A.01.
260A.03.
260A.04.
260A.05.
260A.06.
Truancy programs and services

Notice to parent or guardian when child is a continuing truant
Community-based truancy projects and service centers
School attendance review boards
Referral of truant students to school attendance review board
Chapter 260C. Juvenile Safety and Placement

260C.007.
Definitions
Page 2
Minnesota Administrative Code

Page 3
General Provisions
STATUTES
121A.0695. School board policy; prohibiting intimidation and bullying.
Each school board shall adopt a written policy prohibiting intimidation and bullying of any student. The
policy shall address intimidation and bullying in all forms, including, but not limited to, electronic forms and
forms involving Internet use.
121A.55. Policies to be established.
(a) The commissioner of education shall promulgate guidelines to assist each school board. Each school
board shall establish uniform criteria for dismissal and adopt written policies and rules to effectuate the
purposes of sections 121A.40. to 121A.56. The policies shall emphasize preventing dismissals through
early detection of problems and shall be designed to address students' inappropriate behavior from
recurring. The policies shall recognize the continuing responsibility of the school for the education of the
pupil during the dismissal period. The alternative educational services, if the pupil wishes to take
advantage of them, must be adequate to allow the pupil to make progress towards meeting the
graduation standards adopted under section 120B.02 and help prepare the pupil for readmission.
(b) An area learning center under section 123A.05 may not prohibit an expelled or excluded pupil from
enrolling solely because a district expelled or excluded the pupil. The board of the area learning center
may use the provisions of the Pupil Fair Dismissal Act to exclude a pupil or to require an admission plan.
(c) Each school district shall develop a policy and report it to the commissioner on the appropriate use of
peace officers and crisis teams to remove students who have an individualized education program from
school grounds.
121A.61. Discipline and removal of students from class.
1. Required policy. Each school board must adopt a written districtwide school discipline policy which
includes written rules of conduct for students, minimum consequences for violations of the rules, and
grounds and procedures for removal of a student from class. The policy must be developed in
consultation with administrators, teachers, employees, pupils, parents, community members, law
enforcement agencies, county attorney offices, social service agencies, and such other individuals or
organizations as the board determines appropriate. A school site council may adopt additional provisions
to the policy subject to the approval of the school board.
121A.69. Hazing policy.
3. School board policy. Each school board shall adopt a written policy governing student or staff hazing.
The policy must apply to student behavior that occurs on or off school property and during and after
school hours. The policy must include reporting procedures and disciplinary consequences for violating
the policy. Disciplinary consequences must be sufficiently severe to deter violations and appropriately
discipline prohibited behavior. Disciplinary consequences must conform with sections 121A.41. to
121A.56. Each school must include the policy in the student handbook on school policies.
Page 4
Scope
STATUTES
STATUTES
121A.03. Model policy.
2. Sexual, religious, and racial harassment and violence policy.
A school board must adopt a written sexual, religious, and racial harassment and sexual, religious, and
racial violence policy that conforms with chapter 363A. The policy shall apply to pupils, teachers,
administrators, and other school personnel, include reporting procedures, and set forth disciplinary
actions that will be taken for violation of the policy. Disciplinary actions must conform with collective
bargaining agreements and sections 121A.41 to 121A.56. The policy must be conspicuously posted
throughout each school building, given to each district employee and independent contractor at the time
of entering into the person's employment contract, and included in each school's student handbook on
school policies. Each school must develop a process for discussing the school's sexual, religious, and
racial harassment and violence policy with students and school employees.
3. Policy components. The policy must include at least the following components:
(a) rules governing student conduct and procedures for informing students of the rules;
121A.72. School locker policy.
2.Dissemination. The locker policy must be disseminated to parents and students in the way that other
policies of general application to students are disseminated. A copy of the policy must be provided to a
student the first time that the student is given the use of a locker.
Page 5
STATUTES

STATUTES
121A.60. Definitions.
1. Removal from class. "Removal from class" and "removal" mean any actions taken by a teacher,
principal, or other school district employee to prohibit a pupil from attending a class or activity period for a
period of time not to exceed five days, pursuant to procedures established in the school district discipline
policy adopted by the school board pursuant to section 121A.61.
2. Class period. "Class period" or "activity period" means a period of time as defined in the district's
written discipline policy.
2. Grounds for removal from class. The policy must establish the various grounds for which a student may
be removed from a class in the district for a period of time under the procedures specified in the policy.
The policy must include a procedure for notifying and meeting with a student's parent or guardian to
discuss the problem that is causing the student to be removed from class after the student has been
removed from class more than ten times in one school year. The grounds in the policy must include at
least the following provisions as well as other grounds determined appropriate by the board:
(a) willful conduct that significantly disrupts the rights of others to an education, including conduct that
interferes with a teacher's ability to teach or communicate effectively with students in a class or with the
ability of other students to learn;
(b) willful conduct that endangers surrounding persons, including school district employees, the student
or other students, or the property of the school; and
(c) willful violation of any rule of conduct specified in the discipline policy adopted by the board.
(a) rules governing student conduct and procedures for informing students of the rules;
(b) the grounds for removal of a student from a class;
(c) the authority of the classroom teacher to remove students from the classroom pursuant to
procedures and rules established in the district's policy;
Page 6
(d) the procedures for removal of a student from a class by a teacher, school administrator, or other
school district employee;
(e) the period of time for which a student may be removed from a class, which may not exceed five
class periods for a violation of a rule of conduct;
(f) provisions relating to the responsibility for and custody of a student removed from a class;
(g) the procedures for return of a student to the specified class from which the student has been
removed;
(h) the procedures for notifying a student and the student's parents or guardian of violations of the rules
of conduct and of resulting disciplinary actions;
(i) any procedures determined appropriate for encouraging early involvement of parents or guardians in
attempts to improve a student's behavior;
(j) any procedures determined appropriate for encouraging early detection of behavioral problems;
(k) any procedures determined appropriate for referring a student in need of special education services
to those services;
(1) the procedures for consideration of whether there is a need for a further assessment or of whether
there is a need for a review of the adequacy of a current individualized education program of a
student with a disability who is removed from class;
(m) procedures for detecting and addressing chemical abuse problems of a student while on the school
premises;
(n) the minimum consequences for violations of the code of conduct;
(o) procedures for immediate and appropriate interventions tied to violations of the code;
(p) a provision that states that a teacher, school employee, school bus driver, or other agent of a district
may use reasonable force in compliance with section 121A.582 and other laws; and
(q) an agreement regarding procedures to coordinate crisis services to the extent funds are available
with the county board responsible for implementing sections 245.487 to 245.4889 for students with a
serious emotional disturbance or other students who have an individualized education program whose
behavior may be addressed by crisis intervention.
STATUTES
121A.45.(1).
No school shall dismiss any pupil without attempting to provide alternative educational services before
dismissal proceedings, except where it appears that the pupil will create an immediate and substantial
danger to self or to surrounding persons or property; 121A.575. After a school administration notifies a
pupil of the grounds for suspension, the school administration may, instead of imposing the suspension,
do one or more of the following:
(1) strongly encourage a parent or guardian of the pupil to attend school with the pupil for one day;
(2) assign the pupil to attend school on Saturday as supervised by the principal or the principal's
designee; and
(3) petition the juvenile court that the student is in need of services under chapter 260C.
Page 7
121A.575. Alternatives to pupil suspension.

Notwithstanding any law to the contrary and in accordance with sections 121A.40. to 121A.56, after a
school administration notifies a pupil of the grounds for suspension, the school administration may,
instead of imposing the suspension, do one or more of the following:
(1) strongly encourage a parent or guardian of the pupil to attend school with the pupil for one day;
(2) assign the pupil to attend school on Saturday as supervised by the principal or the principal's
designee; and
(3) petition the juvenile court that the student is in need of services under chapter 260C.

STATUTES
121A.58. Corporal punishment.
1. Definition. For the purpose of this section, "corporal punishment" means conduct involving:
(1) hitting or spanking a person with or without an object; or
(2) unreasonable physical force that causes bodily harm or substantial emotional harm.
2. Corporal punishment not allowed. An employee or agent of a district shall not inflict corporal
punishment or cause corporal punishment to be inflicted upon a pupil to reform unacceptable conduct or
as a penalty for unacceptable conduct.
3. Violation. Conduct that violates subdivision 2 is not a crime under section 645.241, but may be a crime
under chapter 609 if the conduct violates a provision of chapter 609.

STATUTES
121A.72. School locker policy.
1. Policy. It is the policy of the state of Minnesota that:
"School lockers are the property of the school district. At no time does the school district relinquish its
exclusive control of lockers provided for the convenience of students. Inspection of the interior of lockers
may be conducted by school authorities for any reason at any time, without notice, without student
consent, and without a search warrant. The personal possessions of students within a school locker may
be searched only when school authorities have a reasonable suspicion that the search will uncover
evidence of a violation of law or school rules. As soon as practicable after the search of a student's
personal possessions, the school authorities must provide notice of the search to students whose lockers
were searched unless disclosure would impede an ongoing investigation by police or school officials."
2. Dissemination. The locker policy must be disseminated to parents and students in the way that other
policies of general application to students are disseminated. A copy of the policy must be provided to a
student the first time that the student is given the use of a locker.
Page 8

STATUTES
121A.70. Secret fraternities and societies.
1. Membership regulated. It is unlawful for any pupil, registered and attending any public school to join,
become a member of, or to solicit any other pupil of any public school to join, or become a member of,
any secret fraternity or society wholly or partially formed from the membership of pupils attending any
public schools or to take part in the organization or formation of any fraternity or society, except societies
or associations sanctioned by the district school board.
2. Penalties. A school board may suspend or dismiss any pupil from school, or prevent the pupil from
graduating or participating in school honors when, after investigation, in the judgment of the board or a
majority of its membership, the pupil is guilty of violating any of the provisions of this section or is guilty of
violating any rule or regulation adopted by the board for the purpose of governing its schools, or enforcing
this section.
Page 9

STATUTES
121A.45. Grounds for dismissal.
1. Provision of alternative programs. No school shall dismiss any pupil without attempting to provide
alternative educational services before dismissal proceedings, except where it appears that the pupil will
create an immediate and substantial danger to self or to surrounding persons or property.
2. Grounds for dismissal. A pupil may be dismissed on any of the following grounds:
(a) willful violation of any reasonable school board regulation. Such regulation must be clear and
definite to provide notice to pupils that they must conform their conduct to its requirements;
(b) willful conduct that significantly disrupts the rights of others to an education, or the ability of school
personnel to perform their duties, or school sponsored extracurricular activities; or
(c) willful conduct that endangers the pupil or other pupils, or surrounding persons, including school
district employees, or property of the school.
3. Parent notification and meeting. If a pupil's total days of removal from school exceeds ten cumulative
days in a school year, the school district shall make reasonable attempts to convene a meeting with the
pupil and the pupil's parent or guardian before subsequently removing the pupil from school and, with the
permission of the parent or guardian, arrange for a mental health screening for the pupil. The district is
not required to pay for the mental health screening. The purpose of this meeting is to attempt to
determine the pupil's need for assessment or other services or whether the parent or guardian should
have the pupil assessed or diagnosed to determine whether the pupil needs treatment for a mental health
disorder.
Page 10
this section.

STATUTES
121A.44. Expulsion for possession of firearm.
(a) Notwithstanding the time limitation in section 121A.41, subdivision 5, a school board must expel for a
period of at least one year a pupil who is determined to have brought a firearm to school except the board
may modify this expulsion requirement for a pupil on a case-by-case basis. For the purposes of this
section, firearm is as defined in United States Code, title 18, section 921.
(b) Notwithstanding chapter 13, a student's expulsion or withdrawal or transfer from a school after an
expulsion action is initiated against the student for a weapons violation under paragraph (a) may be
disclosed by the school district initiating the expulsion proceeding. Unless the information is otherwise
public, the disclosure may be made only to another school district in connection with the possible
admission of the student to the other district.

STATUTES
121A.43. Exclusion and expulsion of pupils with a disability.
(a) Consistent with federal law governing days of removal and section 121A.46, school personnel may
suspend a child with a disability. When a child with a disability has been suspended for more than five
consecutive school days or ten cumulative school days in the same school year, and that suspension
does not involve a recommendation for expulsion or exclusion or other change of placement under
federal law, relevant members of the child's individualized education program team, including at least one
of the child's teachers, shall meet and determine the extent to which the child needs services in order to
continue to participate in the general education curriculum, although in another setting, and to progress
toward meeting the goals in the child's individualized education program. That meeting must occur as
soon as possible, but no more than ten days after the sixth consecutive day of suspension or the tenth
cumulative day of suspension has elapsed.
Page 11
(b) A dismissal for one school day or less is a day or a partial day of suspension if the child with a
disability does not receive regular or special education instruction during that dismissal period. The notice
requirements under section 121A.46 do not apply to a dismissal of one day or less.
(c) A child with a disability shall be provided alternative educational services to the extent a suspension
exceeds five consecutive school days.
(d) Before initiating an expulsion or exclusion under sections 121A.40. to 121A.56, the district, relevant
members of the child's individualized education program team, and the child's parent shall, consistent
with federal law, determine whether the child's behavior was caused by or had a direct and substantial
relationship to the child's disability and whether the child's conduct was a direct result of a failure to
implement the child's individualized education program. When a child with a disability who has an
individualized education program is excluded or expelled under sections 121A.40. to 121A.56 for
misbehavior that is not a manifestation of the child's disability, the district shall continue to provide special
education and related services during the exclusion or expulsion.

STATUTES
121A.42. Policy.
No public school shall deny due process or equal protection of the law to any public school pupil involved
in a dismissal proceeding which may result in suspension, exclusion, or expulsion.
121A.46. Suspension procedures.
1. Informal administrative conference before suspension. The school administration shall not suspend a
pupil from school without an informal administrative conference with the pupil. The informal administrative
conference shall take place before the suspension, except where it appears that the pupil will create an
immediate and substantial danger to self or to surrounding persons or property, in which case the
conference shall take place as soon as practicable following the suspension.
2. Administrator notifies pupil of grounds for suspension. At the informal administrative conference, a
school administrator shall notify the pupil of the grounds for the suspension, provide an explanation of the
evidence the authorities have, and the pupil may present the pupil's version of the facts.
3. Written notice of grounds for suspension. A written notice containing the grounds for suspension, a
brief statement of the facts, a description of the testimony, a readmission plan, and a copy of sections
121A.40. to 121A.56, shall be personally served upon the pupil at or before the time the suspension is to
take effect, and upon the pupil's parent or guardian by mail within 48 hours of the conference. The district
shall make reasonable efforts to notify the parents of the suspension by telephone as soon as possible
following suspension. In the event a pupil is suspended without an informal administrative conference on
Page 12
the grounds that the pupil will create an immediate and substantial danger to surrounding persons or
property, the written notice shall be served upon the pupil and the pupil's parent or guardian within 48
hours of the suspension. Service by mail is complete upon mailing.
4. Suspension pending expulsion or exclusion hearing. Notwithstanding the provisions of subdivisions 1
and 3, the pupil may be suspended pending the school board's decision in the expulsion or exclusion
hearing; provided that alternative educational services are implemented to the extent that suspension
exceeds five days.
121A.47. Exclusion and expulsion procedures.
1. Requiring a hearing; pupil may waive hearing. No exclusion or expulsion shall be imposed without a
hearing, unless the right to a hearing is waived in writing by the pupil and parent or guardian. The action
shall be initiated by the school board or its agent.
2. Written notice. Written notice of intent to take action shall:
(a) be served upon the pupil and the pupil's parent or guardian personally or by mail;
(b) contain a complete statement of the facts, a list of the witnesses and a description of their testimony;
(c) state the date, time, and place of the hearing;
(d) be accompanied by a copy of sections 121A.40. to 121A.56;
(e) describe alternative educational services accorded the pupil in an attempt to avoid the expulsion
proceedings; and
(f) inform the pupil and parent or guardian of the right to:
(1) have a representative of the pupil's own choosing, including legal counsel, at the hearing. The
district shall advise the pupil's parent or guardian that free or low-cost legal assistance may be
available and that a legal assistance resource list is available from the Department of Education;
(2) examine the pupil's records before the hearing;
(3) present evidence; and
(4) confront and cross-examine witnesses.
3. Hearing schedule. The hearing shall be scheduled within ten days of the service of the written notice
unless an extension, not to exceed five days, is requested for good cause by the school board, pupil,
parent or guardian.
4. Convenient time and place of hearing. The hearing shall be at a time and place reasonably convenient
to pupil, parent or guardian.
5. Closed or open hearing. The hearing shall be closed unless the pupil, parent or guardian requests an
open hearing.
6. Impartial hearer. The hearing shall take place before:
(1) an independent hearing officer;
(2) a member of the school board;
(3) a committee of the school board; or
(4) the full school board;
as determined by the school board. The hearing shall be conducted in a fair and impartial manner.
7. Creating hearing record. The school board shall record the hearing proceedings at district expense,
and a party may obtain a transcript at its own expense. Testimony shall be given under oath. The hearing
officer or a member of the school board shall have the power to issue subpoenas and administer oaths.
Page 13
8. Access to pupil's records. At a reasonable time prior to the hearing, the pupil, parent or guardian, or
representative, shall be given access to all public school system records pertaining to the pupil, including
any tests or reports upon which the proposed action may be based.
9. Pupil's right to compel testimony. The pupil, parent or guardian, or representative, shall have the right
to compel the attendance of any official employee or agent of the public school system or any public
employee or any other person who may have evidence upon which the proposed action may be based,
and to confront and to cross-examine any witness testifying for the public school system.
10. Pupil's right to present evidence and testimony. The pupil, parent or guardian, or representative, shall
have the right to present evidence and testimony, including expert psychological or educational
testimony.
11. Pupil not compelled to testify. The pupil cannot be compelled to testify in the dismissal proceedings.
12. Hearer's recommendation limited to evidence at hearing; service within two days. The
recommendation of the hearing officer or school board member or committee shall be based solely upon
substantial evidence presented at the hearing and must be made to the school board and served upon
the parties within two days of the end of the hearing.
13. Basis of school board decision; opportunity for comment. The school board shall base its decision
upon the recommendation of the hearing officer or school board member or committee and shall render
its decision at a meeting held within five days after receiving the recommendation. The school board may
provide the parties with the opportunity to present exceptions and comments to the hearing officer's
recommendations provided that neither party presents any evidence not admitted at the hearing. The
decision by the school board must be based on the record, must be in writing, and must state the
controlling facts on which the decision is made in sufficient detail to apprise the parties and the
commissioner of education of the basis and reason for the decision.
14. Admission or readmission plan.
(a) A school administrator shall prepare and enforce an admission or readmission plan for any pupil
who is excluded or expelled from school. The plan may include measures to improve the pupil's
behavior, including completing a character education program, consistent with section 120B.232,
subdivision 1, and require parental involvement in the admission or readmission process, and may
indicate the consequences to the pupil of not improving the pupil's behavior.
(b) The definition of suspension under section 121A.41, subdivision 10, does not apply to a student's
dismissal from school for one school day or less, except as provided under federal law for a student
with a disability. Each suspension action may include a readmission plan. A readmission plan must
provide, where appropriate, alternative education services, which must not be used to extend the
student's current suspension period. Consistent with section 125A.091, subdivision 5, a readmission
plan must not obligate a parent or guardian to provide psychotropic drugs to their student as a condition
of readmission. School officials must not use the refusal of a parent or guardian to consent to the
administration of psychotropic drugs to their student or to consent to a psychiatric evaluation, screening
or examination of the student as a ground, by itself, to prohibit the student from attending class or
participating in a school-related activity, or as a basis of a charge of child abuse, child neglect or
medical or educational neglect.
121A.49. Appeal.
A party to an exclusion or expulsion decision made under sections 121A.40. to 121A.56 may appeal the
decision to the commissioner of education within 21 calendar days of school board action. Upon being
served with a notice of appeal, the district shall provide the commissioner and the parent or guardian with
a complete copy of the hearing record within five days of its receipt of the notice of appeal. All written
submissions by the appellant must be submitted and served on the respondent within ten days of its
Page 14
actual receipt of the transcript. All written submissions by the respondent must be submitted and served
on the appellant within ten days of its actual receipt of the written submissions of the appellant. The
decision of the school board must be implemented during the appeal to the commissioner.
In an appeal under this section, the commissioner may affirm the decision of the agency, may remand the
decision for additional findings, or may reverse or modify the decision if the substantial rights of the
petitioners have been prejudiced because the administrative findings, inferences, conclusions, or
decisions are:
(1) in violation of constitutional provisions;
(2) in excess of the statutory authority or jurisdiction of the school district;
(3) made upon unlawful procedure, except as provided in section 121A.48;
(4) affected by other error of law;
(5) unsupported by substantial evidence in view of the entire record submitted; or
(6) arbitrary or capricious.
The commissioner or the commissioner's representative shall make a final decision based upon the
record. The commissioner shall issue a decision within 30 calendar days of receiving the entire record
and the parties' written submission on appeal. The commissioner's decision shall be final and binding
upon the parties after the time for appeal expires under section 121A.50.
121A.50. Judicial review.
The decision of the commissioner of education made under sections 121A.40. to 121A.56 is subject to
judicial review under sections 14.63 to 14.69. The decision of the commissioner is stayed pending an
appeal under this section.
121A.53. Report to commissioner of education.
1. Exclusions and expulsions. The school board must report through the department electronic reporting
system each exclusion or expulsion within 30 days of the effective date of the action to the commissioner
of education. This report must include a statement of alternative educational services given the pupil and
the reason for, the effective date, and the duration of the exclusion or expulsion. The report must also
include the student's age, grade, gender, race, and special education status.
school grounds.
Page 15

(d) the procedures for removal of a student from a class by a teacher, school administrator, or other
school district employee;
(f) provisions relating to the responsibility for and custody of a student removed from a class;
removed;
(j) any procedures determined appropriate for encouraging early detection of behavioral problems;
(k) any procedures determined appropriate for referring a student in need of special education services
to those services;
there is a need for a review of the adequacy of a current individualized education program of a
student with a disability who is removed from class;
premises;
(n) the minimum consequences for violations of the code of conduct;
(o) procedures for immediate and appropriate interventions tied to violations of the code;
(p) a provision that states that a teacher, school employee, school bus driver, or other agent of a district
may use reasonable force in compliance with section 121A.582 and other laws; and
Page 16
121A.67. Aversive and deprivation procedures.
2. Removal by peace officer. If a pupil who has an individualized education program is restrained or
removed from a classroom, school building, or school grounds by a peace officer at the request of a
school administrator or a school staff person during the school day twice in a 30-day period, the pupil's
individualized education program team must meet to determine if the pupil's individualized education
program is adequate or if additional evaluation is needed.
STATUTES

STATUTES
14. Admission or readmission plan.
(a) A school administrator shall prepare and enforce an admission or readmission plan for any pupil
who is excluded or expelled from school. The plan may include measures to improve the pupil's
behavior, including completing a character education program, consistent with section 120B.232,
subdivision 1, and require parental involvement in the admission or readmission process, and may
indicate the consequences to the pupil of not improving the pupil's behavior.
(b) The definition of suspension under section 121A.41, subdivision 10, does not apply to a student's
dismissal from school for one school day or less, except as provided under federal law for a student
with a disability. Each suspension action may include a readmission plan. A readmission plan must
provide, where appropriate, alternative education services, which must not be used to extend the
student's current suspension period. Consistent with section 125A.091, subdivision 5, a readmission
plan must not obligate a parent or guardian to provide psychotropic drugs to their student as a condition
of readmission. School officials must not use the refusal of a parent or guardian to consent to the
administration of psychotropic drugs to their student or to consent to a psychiatric evaluation, screening
or examination of the student as a ground, by itself, to prohibit the student from attending class or
participating in a school-related activity, or as a basis of a charge of child abuse, child neglect or
medical or educational neglect.
121A.54. Notice of right to be reinstated.
Whenever a pupil fails to return to school within ten school days of the termination of dismissal, a school
administrator shall inform the pupil and the pupil's parents by mail of the pupil's right to attend and to be
reinstated in the public school.
Page 17
removed;

STATUTES
STATUTES
11. Alternative educational services. "Alternative educational services" may include, but are not limited to,
special tutoring, modified curriculum, modified instruction, other modifications or adaptations, instruction
through electronic media, special education services as indicated by appropriate assessment,
homebound instruction, supervised homework, or enrollment in another district or in an alternative
Page 18
learning center under section 123A.05 selected to allow the pupil to progress toward meeting graduation
standards under section 120B.02, although in a different setting.
1. Provision of alternative programs. No school shall dismiss any pupil without attempting to provide
alternative educational services before dismissal proceedings, except where it appears that the pupil will
create an immediate and substantial danger to self or to surrounding persons or property.
Page 19
school grounds.
there is a need for a review of the adequacy of a current individualized education program of a student
with a disability who is removed from class;
Page 20

Conditions
STATUTES
121A.05. Policy to refer firearms possessor.
A school board must have a policy requiring the appropriate school official to, as soon as practicable,
refer to the criminal justice or juvenile delinquency system, as appropriate, a pupil who brings a firearm to
school unlawfully.
Other weapons
STATUTES
121A.06. Reports of dangerous weapon incidents in school zones.
1. Definitions. As used in this section:
(1) "dangerous weapon" has the meaning given it in section 609.02, subdivision 6;
(2) "school" has the meaning given it in section 120A.22, subdivision 4; and
(3) "school zone" has the meaning given it in section 152.01, subdivision 14a, clauses (1) and (3).
2. Reports; content. School districts must electronically report to the commissioner of education incidents
involving the use or possession of a dangerous weapon in school zones. The form must include the
following information:
(1) a description of each incident, including a description of the dangerous weapon involved in the
incident;
(2) where, at what time, and under what circumstances the incident occurred;
(3) information about the offender, other than the offender's name, including the offender's age; whether
the offender was a student and, if so, where the offender attended school; and whether the offender
was under school expulsion or suspension at the time of the incident;
(4) information about the victim other than the victim's name, if any, including the victim's age; whether
the victim was a student and, if so, where the victim attended school; and if the victim was not a
student, whether the victim was employed at the school;
Page 21
(5) the cost of the incident to the school and to the victim; and
(6) the action taken by the school administration to respond to the incident.
The commissioner shall provide an electronic reporting format that allows school districts to provide
aggregate data.
3. Reports; filing requirements. By July 31 of each year, each public school shall report incidents involving
the use or possession of a dangerous weapon in school zones to the commissioner. The reports must be
submitted using the electronic reporting system developed by the commissioner under subdivision 2. The
commissioner shall compile the information it receives from the schools and report it annually to the
commissioner of public safety and the legislature.

STATUTES
260C.007. Definitions.
19. Habitual truant. "Habitual truant" means a child under the age of 16 years who is absent from
attendance at school without lawful excuse for seven school days if the child is in elementary school or for
one or more class periods on seven school days if the child is in middle school, junior high school, or high
school, or a child who is 16 or 17 years of age who is absent from attendance at school without lawful
excuse for one or more class periods on seven school days and who has not lawfully withdrawn from
school under section 120A.22, subdivision 8.

STATUTES
120A.30. Attendance Officers.
The board of any district may authorize the employment of attendance officers, who must investigate
truancy or nonattendance at school, make complaints, serve notice and process, and attend to the
enforcement of all laws and district rules regarding school attendance. When any attendance officer
learns of any case of habitual truancy or continued nonattendance of any child required to attend school
the officer must immediately notify the person having control of the child to send and keep the child in
school. The attendance officer must also refer a habitual truant child as defined in section 260C.007,
subdivision 19, and the child's parent or legal guardian to appropriate services and procedures under
chapter 260A, if available within the school district. Attendance officers or other designated school
officials must ensure that the notice required by section 260A.03 for a child who is a continuing truant is
sent. The officer must act under the general supervision of the superintendent.
124D.03. Enrollment options program.
12. Termination of enrollment. A district may terminate the enrollment of a nonresident student enrolled
under this section or section 124D.08 at the end of a school year if the student meets the definition of a
habitual truant under section 260C.007, subdivision 19, the student has been provided appropriate
services under chapter 260A, and the student's case has been referred to juvenile court. A district may
also terminate the enrollment of a nonresident student over the age of 16 enrolled under this section if the
student is absent without lawful excuse for one or more periods on 15 school days and has not lawfully
withdrawn from school under section 120A.22, subdivision 8.
Page 22
260A.01. Truancy programs and services.

(a) The programs in this chapter are designed to provide a continuum of intervention and services to
support families and children in keeping children in school and combating truancy and educational
neglect. School districts, county attorneys, and law enforcement may establish the programs and
coordinate them with other community-based truancy services in order to provide the necessary and most
effective intervention for children and their families. This continuum of intervention and services involves
progressively intrusive intervention, beginning with strong service-oriented efforts at the school and
community level and involving the court's authority only when necessary.
(b) Consistent with section 125A.091, subdivision 5, a parent's refusal to provide the parent's child with
sympathomimetic medications does not constitute educational neglect.
260A.03. Notice to parent or guardian when child is a continuing truant.
Upon a child's initial classification as a continuing truant, the school attendance officer or other
designated school official shall notify the child's parent or legal guardian, by first-class mail or other
reasonable means, of the following:
(1) that the child is truant;
(2) that the parent or guardian should notify the school if there is a valid excuse for the child's absences;
(3) that the parent or guardian is obligated to compel the attendance of the child at school pursuant to
section 120A.22 and parents or guardians who fail to meet this obligation may be subject to prosecution
under section 120A.34;
(4) that this notification serves as the notification required by section 120A.34;
(5) that alternative educational programs and services may be available in the district;
(6) that the parent or guardian has the right to meet with appropriate school personnel to discuss
solutions to the child's truancy;
(7) that if the child continues to be truant, the parent and child may be subject to juvenile court
proceedings under chapter 260C;
(8) that if the child is subject to juvenile court proceedings, the child may be subject to suspension,
restriction, or delay of the child's driving privilege pursuant to section 260C.201; and
(9) that it is recommended that the parent or guardian accompany the child to school and attend
classes with the child for one day.
260A.04. Community-based truancy projects and service centers
1. Establishment.
(a) Community-based truancy projects and service centers may be established to:
(1) provide for identification of students with school attendance problems;
(2) facilitate the provision of services geared to address the underlying issues that are contributing to
a student's truant behavior; and
(3) provide facilities to receive truant students from peace officers and probation officers.
(b) Truancy projects and service centers may provide any of these services and shall provide for referral
of children and families to other appropriate programs and services.
2. Community-based action projects. Schools, community agencies, law enforcement, parent
associations, and other interested groups may cooperate to provide coordinated intervention, prevention,
and educational services for truant students and their families. Services may include:
(1) assessment for underlying issues that are contributing to the child's truant behavior;
Page 23
(2) referral to other community-based services for the child and family, such as individual or family
counseling, educational testing, psychological evaluations, tutoring, mentoring, and mediation;
(3) transition services to integrate the child back into school and to help the child succeed once there;
(4) culturally sensitive programming and staffing; and
(5) increased school response, including in-school suspension, better attendance monitoring and
enforcement, after-school study programs, and in-service training for teachers and staff.
3. Truancy service centers.
(a) Truancy service centers may be established as facilities to receive truant students from peace
officers and probation officers and provide other appropriate services. A truancy service center may:
(1) assess a truant student's attendance situation, including enrollment status, verification of truancy,
and school attendance history;
(2) assist in coordinating intervention efforts where appropriate, including checking with juvenile
probation and children and family services to determine whether an active case is pending and
facilitating transfer to an appropriate facility, if indicated; and evaluating the need for and making
referral to a health clinic, chemical dependency treatment, protective services, social or recreational
programs, or other school or community-based services and programs described in subdivision 2;
(3) contact the parents or legal guardian of the truant student and release the truant student to the
custody of the parents, guardian, or other suitable person; and
(4) facilitate the student's earliest possible return to school.
(b) Truancy service centers may not accept:
(1) juveniles taken into custody for violations of law that would be crimes if committed by adults;
(2) intoxicated juveniles;
(3) ill or injured juveniles; or
(4) juveniles older than mandatory school attendance age.
(c) Truancy service centers may expand their service capability in order to receive curfew violators and
take appropriate action, such as coordination of intervention efforts, contacting parents, and developing
strategies to ensure that parents assume responsibility for their children's curfew violations.
260A.05. School attendance review boards.
1. Establishment. A school district may establish one or more school attendance review boards to
exercise the powers and duties in this section. The school district board shall appoint the members of the
school attendance review board and designate the schools within the board's jurisdiction. Members of a
school attendance review board may include:
(1) the superintendent of the school district or the superintendent's designee;
(2) a principal and one or more other school officials from within the district;
(3) parent representatives;
(4) representatives from community agencies that provide services for truant students and their families;
(5) a juvenile probation officer;
(6) school counselors and attendance officers; and
(7) law enforcement officers.
2. General powers and duties. A school attendance review board shall prepare an annual plan to promote
interagency and community cooperation and to reduce duplication of services for students with school
attendance problems. The plan shall include a description of truancy procedures and services currently in
Page 24
operation within the board's jurisdiction, including the programs and services under section 260A.04. A
board may provide consultant services to, and coordinate activities of, truancy programs and services. If a
board determines that it will be unable to provide services for all truant students who are referred to it, the
board shall establish procedures and criteria for determining whether to accept referrals of students or
refer them for other appropriate action.
3. Oversight of truant students. A school attendance review board shall oversee referrals of truant
students and provide appropriate intervention and services under section 260A.06. The board shall
establish procedures for documenting student attendance and verifying actions and interventions with
respect to truant students and their families.
260C.007. Definitions.
19. Habitual truant. "Habitual truant" means a child under the age of 16 years who is absent from
attendance at school without lawful excuse for seven school days if the child is in elementary school or for
one or more class periods on seven school days if the child is in middle school, junior high school, or high
school, or a child who is 16 or 17 years of age who is absent from attendance at school without lawful
excuse for one or more class periods on seven school days and who has not lawfully withdrawn from
school under section 120A.22, subdivision 8.
Substance use
STATUTES
121A.29. Reporting; chemical abuse.
1. Teacher's duty. A teacher in a nonpublic school participating in a school district chemical use program,
or a public school teacher, who knows or has reason to believe that a student is using, possessing, or
transferring alcohol or a controlled substance while on the school premises or involved in school-related
activities, shall immediately notify the school's chemical abuse preassessment team of this information. A
teacher who complies with this section shall be defended and indemnified under section 466.07,
subdivision 1, in any action for damages arising out of the compliance.
2. Other reports. Nothing in this section prevents a teacher or any other school employee from reporting
to a law enforcement agency any violation of law occurring on school premises or at school sponsored
events.
premises;
122A.66. Teacher training; effects of drugs and alcohol
All educational institutions providing teacher education must offer a program in the personal use and
misuse of and dependency on tobacco, alcohol, drugs and other chemicals. Every student attending
educational institutions in preparation for teaching service shall be required to take and to satisfactorily
complete a program under this section.
Page 25

STATUTES
1. Model policy. The commissioner shall maintain and make available to school boards a model sexual,
religious, and racial harassment and violence policy. The model policy shall address the requirements of
subdivision 2, and may encourage violence prevention and character development education programs,
consistent with section 120B.232, subdivision 1, to prevent and reduce policy violations.
2. Sexual, religious, and racial harassment and violence policy. A school board must adopt a written
sexual, religious, and racial harassment and sexual, religious, and racial violence policy that conforms
with chapter 363A. The policy shall apply to pupils, teachers, administrators, and other school personnel,
include reporting procedures, and set forth disciplinary actions that will be taken for violation of the policy.
Disciplinary actions must conform with collective bargaining agreements and sections 121A.41 to
121A.56. The policy must be conspicuously posted throughout each school building, given to each district
employee and independent contractor at the time of entering into the person's employment contract, and
included in each school's student handbook on school policies. Each school must develop a process for
discussing the school's sexual, religious, and racial harassment and violence policy with students and
school employees.
3. Submission to commissioner. Each school board must submit to the commissioner a copy of the
sexual, religious, and racial harassment and sexual, religious, and racial violence policy the board has
adopted.
1. Definitions.
(a) "Hazing" means committing an act against a student, or coercing a student into committing an act,
that creates a substantial risk of harm to a person in order for the student to be initiated into or affiliated
with a student organization.
(b) "Student organization" means a group, club, or organization having students as its primary members
or participants.
2. Model policy. The commissioner of education shall maintain and make available to school boards a
model policy on student or staff hazing that addresses the requirements of subdivision 3.

STATUTES
Page 26
this section.
3. "Rushing" or soliciting forbidden. It is a misdemeanor for any person, not a pupil of the schools, to be
upon school grounds, or to enter any school building, for the purpose of "rushing" or soliciting any pupil of
the schools to join any fraternity, society, or association organized outside of the schools. The district
court has jurisdiction of offenses committed under this subdivision. All persons found guilty shall be fined
not less than $2, nor more than $10, to be paid to the county treasurer or, upon failure to pay the fine, to
be imprisoned for not more than ten days.
Page 27

Prevention
STATUTES
120B.22. Violence prevention education.
1. Violence prevention curriculum.
(a) The commissioner of education, in consultation with the commissioners of health and human
services, state minority councils, battered women's and domestic abuse programs, battered women's
shelters, sexual assault centers, representatives of religious communities, and the assistant
commissioner of the Office of Drug Policy and Violence Prevention, shall assist districts on request in
developing or implementing a violence prevention program for students in kindergarten to grade 12 that
can be integrated into existing curriculum. The purpose of the program is to help students learn how to
resolve conflicts within their families and communities in nonviolent, effective ways.
(b) Each district is encouraged to integrate into its existing curriculum a program for violence prevention
that includes at least:
(1) a comprehensive, accurate, and age appropriate curriculum on violence prevention, nonviolent
conflict resolution, sexual, racial, and cultural harassment, self-protection, and student hazing that
promotes equality, respect, understanding, effective communication, individual responsibility,
thoughtful decision making, positive conflict resolution, useful coping skills, critical thinking, listening
and watching skills, and personal safety;
(2) planning materials, guidelines, and other accurate information on preventing physical and
emotional violence, identifying and reducing the incidence of sexual, racial, and cultural harassment,
and reducing child abuse and neglect;
(3) a special parent education component of early childhood family education programs to prevent
child abuse and neglect and to promote positive parenting skills, giving priority to services and
outreach programs for at-risk families;
(4) involvement of parents and other community members, including the clergy, business
representatives, civic leaders, local elected officials, law enforcement officials, and the county
attorney;
(5) collaboration with local community services, agencies, and organizations that assist in violence
intervention or prevention, including family-based services, crisis services, life management skills
services, case coordination services, mental health services, and early intervention services;
(6) collaboration among districts and service cooperatives;
(7) targeting early adolescents for prevention efforts, especially early adolescents whose personal
circumstances may lead to violent or harassing behavior;
(8) opportunities for teachers to receive in-service training or attend other programs on strategies or
curriculum designed to assist students in intervening in or preventing violence in school and at home;
and
(9) administrative policies that reflect, and a staff that models, nonviolent behaviors that do not display
or condone sexual, racial, or cultural harassment or student hazing.
(c) The department may provide assistance at a neutral site to a nonpublic school participating in a
district's program.
Page 28
2. In-service training. Each district is encouraged to provide training for district staff and school board
members to help students identify violence in the family and the community so that students may learn to
resolve conflicts in effective, nonviolent ways. The in-service training must be ongoing and involve
experts familiar with domestic violence and personal safety issues.
3. Funding sources. Districts may accept funds from public and private sources for violence prevention
programs developed and implemented under this section.

STATUTES
disorder.
123B.41. Definitions.
4. Pupil support services. "Pupil support services" means guidance and counseling services and health
services.
124D.68. Graduation incentives program.
1. Purpose. The legislature finds that it is critical to provide options for children to succeed in school.
Therefore, the purpose of this section is to provide incentives for and encourage all Minnesota students
who have experienced or are experiencing difficulty in the traditional education system to enroll in
alternative programs.
2. Eligible pupils. A pupil under the age of 21 or who meets the requirements of section 120A.20,
subdivision 1, paragraph (c), is eligible to participate in the graduation incentives program, if the pupil:
(1) performs substantially below the performance level for pupils of the same age in a locally
determined achievement test;
(2) is behind in satisfactorily completing coursework or obtaining credits for graduation;
(3) is pregnant or is a parent;
(4) has been assessed as chemically dependent;
(5) has been excluded or expelled according to sections 121A.40 to 121A.56;
(6) has been referred by a school district for enrollment in an eligible program or a program pursuant to
section 124D.69;
Page 29
(7) is a victim of physical or sexual abuse;

(8) has experienced mental health problems;
(9) has experienced homelessness sometime within six months before requesting a transfer to an
eligible program;
(10) speaks English as a second language or is an English learner; or
(11) has withdrawn from school or has been chronically truant; or
(12) is being treated in a hospital in the seven-county metropolitan area for cancer or other life
threatening illness or is the sibling of an eligible pupil who is being currently treated, and resides with
the pupil's family at least 60 miles beyond the outside boundary of the seven-county metropolitan area.
3. Eligible programs.
(a) A pupil who is eligible according to subdivision 2 may enroll in a state-approved alternative program
under sections 123A.05 to 123A.08.
(b) A pupil who is eligible according to subdivision 2 and who is a high school junior or senior may enroll
in postsecondary courses under section 124D.09.
(c) A pupil who is eligible under subdivision 2, may enroll in any public elementary or secondary
education program.
(d) A pupil who is eligible under subdivision 2, may enroll in any nonpublic, nonsectarian school that has
contracted with the serving school district to provide educational services. However, notwithstanding
other provisions of this section, only a pupil who is eligible under subdivision 2, clause (12), may enroll
in a contract alternative school that is specifically structured to provide educational services to such a
pupil.
(e) A pupil who is between the ages of 16 and 21 may enroll in any adult basic education programs
approved under section 124D.52 and operated under the community education program contained in
section 124D.19.
4. Additional eligible program. A pupil who is at least 16 years of age, who is eligible under subdivision 2,
and who has been enrolled only in a public school, if the pupil has been enrolled in any school, during the
year immediately before transferring under this subdivision, may transfer to any nonpublic school that has
contracted with the serving school district to provide nonsectarian educational services. The school must
enroll every eligible pupil who seeks to transfer to the school under this program subject to available
space.
5. Pupil enrollment.
(a) Any eligible pupil may apply to enroll in an eligible program. Approval of the resident district is not
required for:
(1) an eligible pupil to enroll in any eligible program in a nonresident district under subdivision 3 or 4
or a state-approved alternative program established under section 123A.05; or
(2) an eligible pupil under subdivision 2, to enroll in an adult basic education program approved under
section 124D.52.
(b) Notwithstanding paragraph (a), a nonresident district must first approve the enrollment application of
any eligible pupil who was expelled under section 121A.45 for a reason stated in section 124D.03,
subdivision 1, paragraph (b).
6. Dissemination of information. A district must disseminate information, developed by the department,
about the graduation incentives program to residents in the district who are under the age of 21.
Page 30
7. Desegregation plans. Notwithstanding any provision to the contrary, students may not enroll in a
nonresident district under this section if their enrollment in another district would result in a violation of a
district's desegregation plan, as mandated and approved by the commissioner of education.
8. Aid adjustments. General education aid and transportation aid attributable to a pupil covered by
programs under this section must be paid according to sections 127A.47, subdivision 7, and 123B.92,
subdivision 3, respectively.
9. Enrollment verification.
(a) For a pupil attending an eligible program full time under subdivision 3, paragraph (d), the department
must pay 90 percent of the district's average general education revenue less basic skills revenue to the
eligible program and ten percent of the district's average general education revenue less basic skills
revenue to the contracting district within 30 days after the eligible program verifies enrollment using the
form provided by the department. For a pupil attending an eligible program part time, revenue,
excluding compensatory revenue, shall be reduced proportionately, according to the amount of time the
pupil attends the program, and the payments to the eligible program and the contracting district shall be
reduced accordingly. A pupil for whom payment is made according to this section may not be counted
by any district for any purpose other than computation of general education revenue. If payment is
made for a pupil under this subdivision, a district shall not reimburse a program under section 124D.69
for the same pupil. The basic skills revenue generated by pupils attending the eligible program
according to section 126C.10, subdivision 4, shall be paid to the eligible program.
(b) The department must pay up to 100 percent of the revenue to the eligible program if there is an
agreement to that effect between the school district and the eligible program.
(c) Notwithstanding paragraphs (a) and (b), for an eligible program that provides chemical treatment
services to students, the department must pay 100 percent of the revenue to the eligible program.
10. Severability. If for any reason any portion of this section is found by a court to be unconstitutional, the
remaining portions of the section shall remain in effect.
(d) "Positive behavioral interventions and supports" means interventions and strategies to improve the
school environment and teach children the skills to behave appropriately.
Page 31
STATUTES
122A.66. Teacher training; effects of drugs and alcohol
All educational institutions providing teacher education must offer a program in the personal use and
misuse of and dependency on tobacco, alcohol, drugs and other chemicals. Every student attending
educational institutions in preparation for teaching service shall be required to take and to satisfactorily
complete a program under this section.
Page 32

STATUTES
2. Sexual, religious, and racial harassment and violence policy.
A school board must adopt a written sexual, religious, and racial harassment and sexual, religious, and
racial violence policy that conforms with chapter 363A. The policy shall apply to pupils, teachers,
administrators, and other school personnel, include reporting procedures, and set forth disciplinary
actions that will be taken for violation of the policy. Disciplinary actions must conform with collective
bargaining agreements and sections 121A.41 to 121A.56. The policy must be conspicuously posted
throughout each school building, given to each district employee and independent contractor at the time
of entering into the person's employment contract, and included in each school's student handbook on
school policies. Each school must develop a process for discussing the school's sexual, religious, and
racial harassment and violence policy with students and school employees.
discipline prohibited behavior.
STATUTES
disorder.
121A.46. Suspension procedures.
3. Written notice of grounds for suspension. A written notice containing the grounds for suspension, a
brief statement of the facts, a description of the testimony, a readmission plan, and a copy of sections
121A.40. to 121A.56, shall be personally served upon the pupil at or before the time the suspension is to
take effect, and upon the pupil's parent or guardian by mail within 48 hours of the conference. The district
shall make reasonable efforts to notify the parents of the suspension by telephone as soon as possible
following suspension. In the event a pupil is suspended without an informal administrative conference on
the grounds that the pupil will create an immediate and substantial danger to surrounding persons or
Page 33
property, the written notice shall be served upon the pupil and the pupil's parent or guardian within 48
hours of the suspension. Service by mail is complete upon mailing.
1. Requiring a hearing; pupil may waive hearing. No exclusion or expulsion shall be imposed without a
hearing, unless the right to a hearing is waived in writing by the pupil and parent or guardian. The action
shall be initiated by the school board or its agent.
2. Written notice. Written notice of intent to take action shall:
(a) be served upon the pupil and the pupil's parent or guardian personally or by mail;
(b) contain a complete statement of the facts, a list of the witnesses and a description of their testimony;
(c) state the date, time, and place of the hearing;
(d) be accompanied by a copy of sections 121A.40. to 121A.56;
(e) describe alternative educational services accorded the pupil in an attempt to avoid the expulsion
proceedings; and
(f) inform the pupil and parent or guardian of the right to:
(1) have a representative of the pupil's own choosing, including legal counsel, at the hearing. The
district shall advise the pupil's parent or guardian that free or low-cost legal assistance may be
available and that a legal assistance resource list is available from the Department of Education;
(2) examine the pupil's records before the hearing;
(3) present evidence; and
(4) confront and cross-examine witnesses.
121A.54. Notice of right to be reinstated.
Whenever a pupil fails to return to school within ten school days of the termination of dismissal, a school
administrator shall inform the pupil and the pupil's parents by mail of the pupil's right to attend and to be
reinstated in the public school.
removed from class more than ten times in one school year
260A.03. Notice to parent or guardian when child is a continuing truant.
Upon a child's initial classification as a continuing truant, the school attendance officer or other
designated school official shall notify the child's parent or legal guardian, by first-class mail or other
reasonable means, of the following:
(1) that the child is truant;
(2) that the parent or guardian should notify the school if there is a valid excuse for the child's absences;
Page 34
(3) that the parent or guardian is obligated to compel the attendance of the child at school pursuant to
section 120A.22 and parents or guardians who fail to meet this obligation may be subject to prosecution
under section 120A.34;
(4) that this notification serves as the notification required by section 120A.34;
(5) that alternative educational programs and services may be available in the district;
(6) that the parent or guardian has the right to meet with appropriate school personnel to discuss
solutions to the child's truancy;
(7) that if the child continues to be truant, the parent and child may be subject to juvenile court
proceedings under chapter 260C;
(8) that if the child is subject to juvenile court proceedings, the child may be subject to suspension,
restriction, or delay of the child's driving privilege pursuant to section 260C.201; and
(9) that it is recommended that the parent or guardian accompany the child to school and attend
classes with the child for one day.
custody of the parents, guardian, or other suitable person;
260A.06. Referral of truant students to school attendance review board.
1. Referral; notice.
An attendance officer or other school official may refer a student who is a continuing truant to the school
attendance review board. The person making the referral shall provide a written notice by first class mail
or other reasonable means to the student and the student's parent or legal guardian. The notice must:
(1) include the name and address of the board to which the student has been referred and the reason
for the referral; and
(2) indicate that the student, the parent or legal guardian, and the referring person will meet with the
board to determine a proper disposition of the referral, unless the board refers the student directly to the
county attorney or for other appropriate legal action.

STATUTES
121A.05. Policy to refer firearms possessor.
A school board must have a policy requiring the appropriate school official to, as soon as practicable,
refer to the criminal justice or juvenile delinquency system, as appropriate, a pupil who brings a firearm to
school unlawfully.
121A.28. Law enforcement records.
A law enforcement agency shall provide notice of any drug incident occurring within the agency's
jurisdiction, in which the agency has probable cause to believe a student violated section 152.021,
152.022, 152.023, 152.024, 152.025, 152.0262, 152.027, 152.092, 152.097, or 340A.503, subdivision 1,
Page 35
2, or 3. The notice shall be in writing and shall be provided, within two weeks after an incident occurs, to
the chemical abuse preassessment team in the school where the student is enrolled.
events.
121A.75. Receipt of records; sharing.
3. Peace officer records of children.
(a) A law enforcement agency must transmit the notice required by section 260B.171, subdivision 5, to
the superintendent of the student's school district who must immediately transmit the notice to the
principal of the school the student attends, or to the principal of the school the student attends if there is
no superintendent. The principal must place the notice in the student's educational record. The principal
must immediately notify any teacher, counselor, or administrator directly supervising the student who
the principal believes needs the data to work with the student in an appropriate manner, to avoid being
needlessly vulnerable, or to protect other persons from needless vulnerability. The principal may also
notify other district employees, substitutes, or volunteers who are in direct contact with the student if the
principal determines these individuals need the data to work with the juvenile in an appropriate manner,
to avoid being needlessly vulnerable, or to protect other persons from needless vulnerability. When
provided in the peace officer notice, the notice from the principal must identify the student and describe
the alleged offense.
(b) Data received under this subdivision are private data on individuals under section 13.32 and are
received for the limited purpose of serving the student's educational needs and protecting students or
staff. The teacher, counselor, staff member, administrator, substitute, or volunteer must not further
disseminate the data, except to communicate with the student or the student's parent or guardian as
needed to serve the student, protect students or staff, or as otherwise required by law.
(c) The principal must include the notice in the student's educational record as required by section
120A.22, subdivision 7.
(d) If the county attorney determines not to proceed with a petition alleging any offense in section
260B.171, subdivision 3, paragraph (a), clauses (1) to (3), or directs the student into a diversion or
mediation program, the county attorney must notify the superintendent of the student's school district
who must immediately transmit the notice to the principal of the school the student attends, or to the
principal of the school that the student attends if there is no superintendent. The notice must contain the
name of the student and a summary of the resolution of the case. Notwithstanding section 138.17, the
principal must delete the peace officer's report and notice from the student's educational record and
destroy the data and make reasonable efforts to notify any teacher, counselor, staff member,
administrator, substitute, or volunteer who received data from the peace officer notice.
(e) If the juvenile court makes a decision on a petition that alleges any offense in section 260B.171,
subdivision 3, paragraph (a), clauses (1) to (3), and the decision affects a student and is not a
disposition order, the court must notify the superintendent of the student's school district who must
Page 36
immediately transmit the notice to the principal of the school the student attends, or to the principal of
the school that the student attends if there is no superintendent, of the decision. Notwithstanding
section 138.17, the principal must delete the peace officer's report and notice from the student's
educational record and destroy the data and make reasonable efforts to notify any teacher, counselor,
staff member, administrator, substitute, or volunteer who received data from the peace officer notice.
(f) In addition to the data destruction requirements of this subdivision, a principal must comply with the
requirements of section 120A.22, subdivision 7.
3. Referral to county attorney; other appropriate action.
If the school attendance review board determines that available community services cannot resolve the
attendance problems of the truant student, if the student or the parent or guardian has failed to comply
with any referrals or agreements under subdivision 2 or to otherwise cooperate with the board, or if the
board determines that a student should be referred directly under this subdivision, the board may:
(1) refer the matter to the county attorney under section 260A.07, if the county attorney has elected to
participate in the truancy mediation program; or
(2) if the county attorney has not elected to participate in the truancy mediation program, refer the
matter for appropriate legal action against the child or the child's parent or guardian under chapter 260
or section 120A.34.

STATUTES
8. Access to pupil's records. At a reasonable time prior to the hearing, the pupil, parent or guardian, or
representative, shall be given access to all public school system records pertaining to the pupil, including
any tests or reports upon which the proposed action may be based.
121A.51. Reports to service agency.
The school board shall report any action taken pursuant to sections 121A.40. to 121A.56 to the
appropriate public service agency, when the pupil is under the supervision of such agency.
121A.64. Notification; teachers legitimate education interest.
(a) A classroom teacher has a legitimate educational interest in knowing which students placed in the
teacher's classroom have a history of violent behavior and must be notified before such students are
placed in the teacher's classroom.
(b) Representatives of the school board and the exclusive representative of the teachers shall discuss
issues related to the model policy on student records adopted under Laws 1999, chapter 241, article 9,
section 50, and any modifications adopted under Laws 2003, First Special Session chapter 9, for notifying
classroom teachers and other school district employees having a legitimate educational interest in
Page 37
knowing about students with a history of violent behavior placed in classrooms. The representatives of
the school board and the exclusive representative of the teachers also may discuss the need for
intervention services or conflict resolution or training for staff related to placing students with a history of
violent behavior in teachers' classrooms.
121A.75. Receipt of records; sharing.
1. Definitions.
(a) For purposes of this section "principal" means a principal or other person having general
administrative control and supervision of a school.
(b) For purposes of this section, "school" means a public school under section 120A.22, subdivision 4; a
nonpublic school under section 120A.22, subdivision 4, that elects to comply with this section; and a
charter school under section 124D.10, but does not mean a home school.
2. Disposition orders.
(a) On receipt of a disposition order under section 260B.171, subdivision 3, the superintendent of the
student's school district or chief administrative officer of the student's school must immediately transmit
the order to the principal of the school where the student is in attendance. The principal must place the
disposition order in the student's permanent education record. The principal must also immediately
notify any counselor directly supervising or reporting on the behavior or progress of the student. In
addition, the principal must immediately notify any teacher or administrator who directly supervises or
reports on the behavior or progress of the student whom the principal believes needs the data to work
with the student in an appropriate manner, to avoid being needlessly vulnerable, or to protect other
persons from needless vulnerability. The principal may also notify other district employees, substitutes,
and volunteers who are in direct contact with the student, if they determine these individuals need the
data to work with the student in an appropriate manner, to avoid being needlessly vulnerable, or to
protect other persons from needless vulnerability. When provided in the disposition order, the notice
given under this paragraph by the principal must identify the student, outline the offense, and describe
any conditions of probation about which the school must provide information.
(b) Information received under this subdivision is private data on individuals as defined in section 13.32
and is received for the limited purpose of serving the educational needs of the student and protecting
students or staff. The data may not be further disseminated by the teacher, counselor, staff member,
administrator, substitute, or volunteer, except as necessary to serve the student, to protect students or
staff, or as otherwise required by law, and only to the following persons:
(1) the student; or
(2) the student's parent or guardian.
(c) If a student is removed from school as part of the disposition order, the superintendent of the
student's school district or chief administrative officer of the student's school must maintain the copy of
the order in a secure file and shall notify the principal when the student is returned to school. If the
student is returned to a different school district or school, the student's probation officer must send a
copy of the disposition order to the superintendent of the new school district or the chief administrative
officer of the new school.
(d) The disposition order must be included if the student's permanent education record is released to
another school district or educational entity to which the student is transferring under section 120A.22,
subdivision 7.
(e) Notwithstanding section 138.17, a disposition order received under section 260B.171, subdivision 3,
paragraph (a), must be destroyed when the student graduates from school or at the end of the school
year in which the student reaches age 23, whichever is earlier. A disposition order received under
Page 38
section 260B.171, subdivision 3, paragraph (b), must be destroyed when the student is discharged from
probation.
3. Peace officer records of children.
(a) A law enforcement agency must transmit the notice required by section 260B.171, subdivision 5, to
the superintendent of the student's school district who must immediately transmit the notice to the
principal of the school the student attends, or to the principal of the school the student attends if there is
no superintendent. The principal must place the notice in the student's educational record. The principal
must immediately notify any teacher, counselor, or administrator directly supervising the student who
the principal believes needs the data to work with the student in an appropriate manner, to avoid being
needlessly vulnerable, or to protect other persons from needless vulnerability. The principal may also
notify other district employees, substitutes, or volunteers who are in direct contact with the student if the
principal determines these individuals need the data to work with the juvenile in an appropriate manner,
to avoid being needlessly vulnerable, or to protect other persons from needless vulnerability. When
provided in the peace officer notice, the notice from the principal must identify the student and describe
the alleged offense.
(b) Data received under this subdivision are private data on individuals under section 13.32 and are
received for the limited purpose of serving the student's educational needs and protecting students or
staff. The teacher, counselor, staff member, administrator, substitute, or volunteer must not further
disseminate the data, except to communicate with the student or the student's parent or guardian as
needed to serve the student, protect students or staff, or as otherwise required by law.
(c) The principal must include the notice in the student's educational record as required by section
120A.22, subdivision 7.
(d) If the county attorney determines not to proceed with a petition alleging any offense in section
260B.171, subdivision 3, paragraph (a), clauses (1) to (3), or directs the student into a diversion or
mediation program, the county attorney must notify the superintendent of the student's school district
who must immediately transmit the notice to the principal of the school the student attends, or to the
principal of the school that the student attends if there is no superintendent. The notice must contain the
name of the student and a summary of the resolution of the case. Notwithstanding section 138.17, the
principal must delete the peace officer's report and notice from the student's educational record and
destroy the data and make reasonable efforts to notify any teacher, counselor, staff member,
administrator, substitute, or volunteer who received data from the peace officer notice.
(e) If the juvenile court makes a decision on a petition that alleges any offense in section 260B.171,
subdivision 3, paragraph (a), clauses (1) to (3), and the decision affects a student and is not a
disposition order, the court must notify the superintendent of the student's school district who must
immediately transmit the notice to the principal of the school the student attends, or to the principal of
the school that the student attends if there is no superintendent, of the decision. Notwithstanding
section 138.17, the principal must delete the peace officer's report and notice from the student's
educational record and destroy the data and make reasonable efforts to notify any teacher, counselor,
staff member, administrator, substitute, or volunteer who received data from the peace officer notice.
(f) In addition to the data destruction requirements of this subdivision, a principal must comply with the
requirements of section 120A.22, subdivision 7.
Page 39

STATUTES
121A.06. Reports of dangerous weapon incidents in school zones.
1. Definitions. As used in this section:
(1) "dangerous weapon" has the meaning given it in section 609.02, subdivision 6;
(2) "school" has the meaning given it in section 120A.22, subdivision 4; and
(3) "school zone" has the meaning given it in section 152.01, subdivision 14a, clauses (1) and (3).
2. Reports; content. School districts must electronically report to the commissioner of education incidents
involving the use or possession of a dangerous weapon in school zones. The form must include the
(1) a description of each incident, including a description of the dangerous weapon involved in the
incident;
(2) where, at what time, and under what circumstances the incident occurred;
(3) information about the offender, other than the offender's name, including the offender's age; whether
the offender was a student and, if so, where the offender attended school; and whether the offender
was under school expulsion or suspension at the time of the incident;
(4) information about the victim other than the victim's name, if any, including the victim's age; whether
the victim was a student and, if so, where the victim attended school; and if the victim was not a
student, whether the victim was employed at the school;
(5) the cost of the incident to the school and to the victim; and
(6) the action taken by the school administration to respond to the incident.
The commissioner shall provide an electronic reporting format that allows school districts to provide
aggregate data.
3. Reports; filing requirements. By July 31 of each year, each public school shall report incidents involving
the use or possession of a dangerous weapon in school zones to the commissioner. The reports must be
submitted using the electronic reporting system developed by the commissioner under subdivision 2. The
commissioner shall compile the information it receives from the schools and report it annually to the
commissioner of public safety and the legislature.
2. Report. The school board must include state student identification numbers of affected pupils on all
dismissal reports required by the department. The department must report annually to the commissioner
summary data on the number of dismissals by age, grade, gender, race, and special education status of
the affected pupils. All dismissal reports must be submitted through the department electronic reporting
system.
121A.65. Review of policy.
The principal or other person having general control and supervision of the school, and representatives of
parents, students, and staff in a school building shall confer at least annually to review the discipline
Page 40
policy and to assess whether the policy has been enforced. A school board must conduct an annual
review of the districtwide discipline policy.
Page 41

STATUTES
or other reasonable means to the student and the student's parent or legal guardian.
STATUTES

STATUTES
120A.30. Attendance Officers.
The board of any district may authorize the employment of attendance officers, who must investigate
truancy or nonattendance at school, make complaints, serve notice and process, and attend to the
enforcement of all laws and district rules regarding school attendance. When any attendance officer
learns of any case of habitual truancy or continued nonattendance of any child required to attend school
the officer must immediately notify the person having control of the child to send and keep the child in
school. The attendance officer must also refer a habitual truant child as defined in section 260C.007,
subdivision 19, and the child's parent or legal guardian to appropriate services and procedures under
chapter 260A, if available within the school district. Attendance officers or other designated school
officials must ensure that the notice required by section 260A.03 for a child who is a continuing truant is
sent. The officer must act under the general supervision of the superintendent.
Page 42

STATUTES
1. Model policy. The commissioner shall maintain and make available to school boards a model sexual,
religious, and racial harassment and violence policy. The model policy shall address the requirements of
subdivision 2, and may encourage violence prevention and character development education programs,
consistent with section 120B.232, subdivision 1, to prevent and reduce policy violations.
2. Sexual, religious, and racial harassment and violence policy. A school board must adopt a written
sexual, religious, and racial harassment and sexual, religious, and racial violence policy that conforms
with chapter 363A. The policy shall apply to pupils, teachers, administrators, and other school personnel,
include reporting procedures, and set forth disciplinary actions that will be taken for violation of the policy.
Disciplinary actions must conform with collective bargaining agreements and sections 121A.41. to
121A.56. The policy must be conspicuously posted throughout each school building, given to each district
employee and independent contractor at the time of entering into the person's employment contract, and
included in each school's student handbook on school policies. Each school must develop a process for
discussing the school's sexual, religious, and racial harassment and violence policy with students and
school employees.
3. Submission to commissioner. Each school board must submit to the commissioner a copy of the
sexual, religious, and racial harassment and sexual, religious, and racial violence policy the board has
adopted.
2. Model policy. The commissioner of education shall maintain and make available to school boards a
model policy on student or staff hazing that addresses the requirements of subdivision 3.
STATUTES
120B.23. Violence prevention education grants.
1.Grant program established.
The commissioner of education, after consulting with the assistant commissioner of the Office of Drug
Policy and Violence Prevention, shall establish a violence prevention education grant program to enable a
school district, an education district, or a group of districts that cooperate for a particular purpose to
develop and implement or to continue a violence prevention program for students in kindergarten through
grade 12 that can be integrated into existing curriculum. A district or group of districts that elects to
develop and implement or to continue a violence prevention program under section 120B.22 is eligible to
apply for a grant under this section.
Page 43
2. Grant application.
To be eligible to receive a grant, a school district, an education district, a service cooperative, or a group
of districts that cooperate for a particular purpose must submit an application to the commissioner in the
form and manner and according to the timeline established by the commissioner. The application must
describe how the applicant will:
(1) continue or integrate into its existing K-12 curriculum a program for violence prevention that contains
the program components listed in section 120B.22;
(2) collaborate with local organizations involved in violence prevention and intervention; and
(3) structure the program to reflect the characteristics of the children, their families and the community
involved in the program. The commissioner may require additional information from the applicant. When
reviewing the applications, the commissioner shall determine whether the applicant has met the
requirements of this subdivision.
3. Grant awards.
The commissioner may award grants for a violence prevention education program to eligible applicants
as defined in subdivision 2. Grant amounts may not exceed $3 per resident pupil unit in the district or
group of districts in the prior school year. Grant recipients should be geographically distributed throughout
the state.
4. Grant proceeds.
A successful applicant must use the grant money to develop and implement or to continue a violence
prevention program according to the terms of the grant application.
Page 44
Other/Uncategorized
STATUTES
events.
121A.582. Student discipline; reasonable force.
1. Reasonable force standard.
(a) A teacher or school principal, in exercising the person's lawful authority, may use reasonable force
when it is necessary under the circumstances to correct or restrain a student or prevent bodily harm or
death to another.
(b) A school employee, school bus driver, or other agent of a district, in exercising the person's lawful
authority, may use reasonable force when it is necessary under the circumstances to restrain a student
or prevent bodily harm or death to another.
(c) Paragraphs (a) and (b) do not authorize conduct prohibited under sections 121A.58 and 121A.67.
2. Civil liability.
(a) A teacher or school principal who, in the exercise of the person's lawful authority, uses reasonable
force under the standard in subdivision 1, paragraph (a), has a defense against a civil action for
damages under section 123B.25.
(b) A school employee, bus driver, or other agent of a district who, in the exercise of the person's lawful
authority, uses reasonable force under the standard in subdivision 1, paragraph (b), has a defense
against a civil action for damages under section 123B.25.
3. Criminal prosecution.
(a) A teacher or school principal who, in the exercise of the person's lawful authority, uses reasonable
force under the standard in subdivision 1, paragraph (a), has a defense against a criminal prosecution
under section 609.06, subdivision 1.
(b) A school employee, bus driver, or other agent of a district who, in the exercise of the person's lawful
authority, uses reasonable force under the standard in subdivision 1, paragraph (b), has a defense
against a criminal prosecution under section 609.06, subdivision 1.
4. Supplementary rights and defenses. Any right or defense in this section is supplementary to those
specified in section 121A.58, 121A.67, 123B.25, or 609.06, subdivision 1.
Page 45

STATUTES
120B.22.Violence prevention education.
1. Violence prevention curriculum.
(b) Each district is encouraged to integrate into its existing curriculum a program for violence prevention
that includes at least:
(3) a special parent education component of early childhood family education programs to prevent
child abuse and neglect and to promote positive parenting skills, giving priority to services and
outreach programs for at-risk families;
(4) involvement of parents and other community members, including the clergy, business
representatives, civic leaders, local elected officials, law enforcement officials, and the county
attorney;
(5) collaboration with local community services, agencies, and organizations that assist in violence
intervention or prevention, including family-based services, crisis services, life management skills
services, case coordination services, mental health services, and early intervention services;
(6) collaboration among districts and service cooperatives;
(7) targeting early adolescents for prevention efforts, especially early adolescents whose personal
circumstances may lead to violent or harassing behavior;
(8) opportunities for teachers to receive in-service training or attend other programs on strategies or
curriculum designed to assist students in intervening in or preventing violence in school and at home;
and
(9) administrative policies that reflect, and a staff that models, nonviolent behaviors that do not display
or condone sexual, racial, or cultural harassment or student hazing.
(c) The department may provide assistance at a neutral site to a nonpublic school participating in a
district's program.
Page 46
1. Establishment.
(a) Community-based truancy projects and service centers may be established to:
(1) provide for identification of students with school attendance problems;
(2) facilitate the provision of services geared to address the underlying issues that are contributing to
a student's truant behavior; and
(3) provide facilities to receive truant students from peace officers and probation officers.
(b) Truancy projects and service centers may provide any of these services and shall provide for referral
of children and families to other appropriate programs and services.
2. Community-based action projects. Schools, community agencies, law enforcement, parent
associations, and other interested groups may cooperate to provide coordinated intervention, prevention,
and educational services for truant students and their families. Services may include:
(1) assessment for underlying issues that are contributing to the child's truant behavior;
(2) referral to other community-based services for the child and family, such as individual or family
counseling, educational testing, psychological evaluations, tutoring, mentoring, and mediation;
(3) transition services to integrate the child back into school and to help the child succeed once there;
(4) culturally sensitive programming and staffing; and
(5) increased school response, including in-school suspension, better attendance monitoring and
enforcement, after-school study programs, and in-service training for teachers and staff.
(1) assess a truant student's attendance situation, including enrollment status, verification of truancy,
and school attendance history;
(2) assist in coordinating intervention efforts where appropriate, including checking with juvenile
probation and children and family services to determine whether an active case is pending and
facilitating transfer to an appropriate facility, if indicated; and evaluating the need for and making
referral to a health clinic, chemical dependency treatment, protective services, social or recreational
programs, or other school or community-based services and programs described in subdivision 2;
custody of the parents, guardian, or other suitable person; and
(4) facilitate the student's earliest possible return to school.
(b) Truancy service centers may not accept:
(1) juveniles taken into custody for violations of law that would be crimes if committed by adults;
(2) intoxicated juveniles;
(3) ill or injured juveniles; or
(4) juveniles older than mandatory school attendance age.
Page 47
(c) Truancy service centers may expand their service capability in order to receive curfew violators and
take appropriate action, such as coordination of intervention efforts, contacting parents, and developing
strategies to ensure that parents assume responsibility for their children's curfew violations.
260A.05. School attendance review boards.
1. Establishment. A school district may establish one or more school attendance review boards to
exercise the powers and duties in this section. The school district board shall appoint the members of the
school attendance review board and designate the schools within the board's jurisdiction. Members of a
school attendance review board may include:
(1) the superintendent of the school district or the superintendent's designee;
(2) a principal and one or more other school officials from within the district;
(3) parent representatives;
(4) representatives from community agencies that provide services for truant students and their families;
(5) a juvenile probation officer;
(6) school counselors and attendance officers; and
(7) law enforcement officers.
2. General powers and duties. A school attendance review board shall prepare an annual plan to promote
interagency and community cooperation and to reduce duplication of services for students with school
attendance problems. The plan shall include a description of truancy procedures and services currently in
operation within the board's jurisdiction, including the programs and services under section 260A.04. A
board may provide consultant services to, and coordinate activities of, truancy programs and services. If a
board determines that it will be unable to provide services for all truant students who are referred to it, the
board shall establish procedures and criteria for determining whether to accept referrals of students or
refer them for other appropriate action.
3. Oversight of truant students. A school attendance review board shall oversee referrals of truant
students and provide appropriate intervention and services under section 260A.06. The board shall
establish procedures for documenting student attendance and verifying actions and interventions with
respect to truant students and their families.
or other reasonable means to the student and the student's parent or legal guardian. The notice must:
(1) include the name and address of the board to which the student has been referred and the reason
for the referral; and
(2) indicate that the student, the parent or legal guardian, and the referring person will meet with the
board to determine a proper disposition of the referral, unless the board refers the student directly to the
county attorney or for other appropriate legal action.
2. Meeting; community services.
(a) Except as provided in paragraph (b), the school attendance review board shall schedule the meeting
described in subdivision 1 and provide notice of the meeting by first class mail or other reasonable
means to the student, parent or guardian, and referring person. If the board determines that available
community services may resolve the attendance problems of the truant student, the board shall refer
the student or the student's parent or guardian to participate in the community services. The board may
Page 48
develop an agreement with the student and parent or guardian that specifies the actions to be taken.
The board shall inform the student and parent or guardian that failure to comply with any agreement or
to participate in appropriate community services will result in a referral to the county attorney under
subdivision 3. The board may require the student or parent or guardian to provide evidence of
participation in available community services or compliance with any agreement.
(b) A school attendance review board may refer a student directly to the county attorney or for other
appropriate legal action under subdivision 3 if it has established procedures and criteria for these
referrals.
3. Referral to county attorney; other appropriate action.
If the school attendance review board determines that available community services cannot resolve the
attendance problems of the truant student, if the student or the parent or guardian has failed to comply
with any referrals or agreements under subdivision 2 or to otherwise cooperate with the board, or if the
board determines that a student should be referred directly under this subdivision, the board may:
(1) refer the matter to the county attorney under section 260A.07, if the county attorney has elected to
participate in the truancy mediation program; or
(2) if the county attorney has not elected to participate in the truancy mediation program, refer the
matter for appropriate legal action against the child or the child's parent or guardian under chapter 260
or section 120A.34.
Other/Uncategorized
STATUTES
121A.59. Bus transportation a privilege not a right.
Transportation by school bus is a privilege not a right for an eligible student. A student's eligibility to ride a
school bus may be revoked for a violation of school bus safety or conduct policies, or for violation of any
other law governing student conduct on a school bus, pursuant to a written school district discipline
policy. Revocation of a student's bus riding privilege is not an exclusion, expulsion, or suspension under
the Pupil Fair Dismissal Act. Revocation procedures for a student who is an individual with a disability
under the Individuals with Disabilities Education Act, United States Code, title 20, section 1400 et seq.,
section 504 of the Rehabilitation Act of 1973, United States Code, title 29, section 794, and the
Americans with Disabilities Act, Public Law 101-336, are governed by these provisions.
Page 49

School Discipline
resources provided by Minnesota provide additional context to state policy and regulations and, in some
Title
Description
Model Harassment
and Violence
Prohibition Policy
The model policy provides a model for

school districts individual policies to help
maintain a positive, safe learning and
working environment for students and staff.
http://education.state.mn.us/MDE/
Welcome/Policies
Model Hazing
Prohibition Policy
The model policy provides a model for

schools to assist them in adopting a written
policy governing student or staff hazing.
http://education.state.mn.us/MDE/
Welcome/Policies
Website
No relevant
resources found
Documents
No relevant
resources found
Other Resources
Page 50
Mississippi
Discipline Laws and
Regulations
Introduction
document.
Notes & Disclaimers

Prepared by:
Child Trends
Suite 1200W
Suite 110
Table of Contents
Mississippi State Codes Cited ................................................................................................................... 1
Scope ........................................................................................................................................................ 4
Limitations, conditions, or exclusions for use of suspension and expulsion ............................................. 8
Administrative procedures related to suspensions and expulsion ............................................................ 8
Other weapons ........................................................................................................................................ 16
Substance use......................................................................................................................................... 21
Prevention ............................................................................................................................................... 24
Mississippi State Codes Cited

Mississippi Revised Statutes
Title 37. Education
Chapter 3. State Department of Education
37-3-89.
37-3-91.
School discipline and classroom management courses; requirement; approval

Regional behavioral institutes; discipline and classroom management strategies;
participation
Chapter 7. School Districts; Board of Trustees of School Districts

37-7-321.
Employment and designation of peace officers; minimum level of basic law enforcement
training required; operation of radio broadcasting and transmission station; interlocal
agreements with other law enforcement entities for provision of certain equipment or
services
Chapter 9. District Superintendents, Principals, Teachers, and other Employees

37-9-71.
Suspension of pupils
Chapter 11. General Provisions Pertaining to Education

37-11-18.
37-11.18.1.
37-11-19.
37-11-20.
37-11-29.
37-11-53.
37-11-54.
37-11-55.
37-11-57.
37-11-67.
37-11-69.
Expulsion of student possessing controlled substance or weapon or committing violent

act on school property
Expulsion of habitually disruptive students aged 13 years or older upon third occurrence
of disruptive behavior within school year
Suspension or expulsion of student damaging school property; liability of parent or
custodian.
Intimidation, threatening or coercion of students for purpose of interfering with attendance
of classes
Reporting of unlawful activity or violent act on educational property or during school
related activity; authority of law enforcement officers; reporting of disposition of charges
against student; liability of school personnel participating in reporting
School district discipline plans; appearance by parents, guardians or custodians at
discipline conferences; recovery from parents for damage or destruction of school
property; parent allowed to accompany child to school as alternative to child's suspension
State Board of Education to develop list of conflict resolution and peer mediation
materials, models, and curricula from evidence-based practices and positive behavioral
intervention supports
Code of student conduct
Immunity of school personnel from liability for carrying out action in enforcing rules
regarding control, discipline, suspension and expulsion of students
Bullying or harassing behavior in public schools prohibited
Personnel and discipline policies and code of student conduct to include prohibition
against bullying or harassing behavior
Mississippi Compilation of School Discipline Laws and Regulations
Page 1
Chapter 13. Curriculum; School year and attendance

37-13-85.
37-13-89.
37-13-91.
37-13-92.
37-13-107.
Powers and duties

School attendance officers; qualifications; duties; salaries
Compulsory school attendance requirements generally; enforcement of law
Alternative school program for compulsory-school-age students; placement of children in
alternative school; transportation of students; expenses; annual report
Training and education course for school attendance officers; effect of failure to receive
certificate
Chapter 14. Mary Kirkpatrick Haskell-Mary Sprayberry Public School Nurse Act of 2007
37-14-3.
Office of Healthy Schools of State Department of Education to administer school nurse

program; transfer of school nurse intervention program to Office of Healthy Schools;
responsibilities of program nurses; duties of Office of Healthy Schools
Chapter 15. Public schools; Records, Enrollment and Transfer of Pupils

37-15-6.
Central reporting system for information concerning expulsions from public schools;
access to information
Chapter 18. School Performance Programs

37-18-5.
School improvement plan; assistance team; community-based prekindergarten through

higher education council
Title 97. Crimes

Chapter 37. Weapons and Explosives
97-37-17.
Possession of weapons by students; aiding or encouraging
Title 99. Criminal Procedure

Chapter 3. Arrests
99-3-28.
Teachers or sworn law enforcement officers charged with committing crime while in the
performance of duties; certain procedural requirements to be met prior to issuance of
arrest warrant
Mississippi Administrative Code

Page 2
General Provisions
STATUTES
37-11-55. Code of student conduct
The local school board shall adopt and make available to all teachers, school personnel, students and
parents or guardians, at the beginning of each school year, 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 shall be
made available at the school level in the student handbook or similar publication. The code shall include,
but not be limited to:
(a) Specific grounds for disciplinary action under the school district's discipline plan;
(b) Procedures to be followed for acts requiring discipline, including suspensions and expulsion, which
comply with due process requirements;
(c) 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; free speech and student
publications; assembly; privacy; and participation in school programs and activities;
(d) Policies and procedures recognizing the teacher as the authority in classroom matters, and
supporting that teacher in any decision in compliance with the written discipline code of conduct. Such
recognition shall include the right of the teacher to remove from the classroom any student who, in the
professional judgment of the teacher, is disrupting the learning environment, to the office of the principal
or assistant principal. The principal or assistant principal shall determine the proper placement for the
student, who may not be returned to the classroom until a conference of some kind has been held with
the parent, guardian or custodian during which the disrupting behavior is discussed and agreements
are reached that no further disruption will be tolerated. If the principal does not approve of the
determination of the teacher to remove the student from the classroom, the student may not be
removed from the classroom, and the principal, upon request from the teacher, must provide
justification for his disapproval;
(e) Policies and procedures for dealing with a student who causes a disruption in the classroom, on
school property or vehicles, or at school-related activities;
(f) Procedures for the development of behavior modification plans by the school principal, reporting
teacher and student's parent for a student who causes a disruption in the classroom, on school property
or vehicles, or at school-related activities for a second time during the school year; and
(g) Policies and procedures specifically concerning gang-related activities in the school, on school
property or vehicles, or at school-related activities.
37-11-69. Personnel and discipline policies and code of student conduct to include prohibition
Before December 31, 2010, each local school district shall include in its personnel policies, discipline
policies and code of student conduct a prohibition against bullying or harassing behavior and adopt
procedures for reporting, investigating and addressing such behavior. The policies must recognize the
fundamental right of every student to take reasonable actions as may be necessary to defend himself or
Page 3
herself from an attack by another student who has evidenced menacing or threatening behavior through
bullying or harassing.
Scope
STATUTES
97-37-17. Possession of weapons by students; aiding or encouraging.
(1) The following definitions apply to this section:
(a) Educational property shall mean any public or private school building or bus, public or private
school campus, grounds, recreational area, athletic field, or other property owned, used or operated by
any local school board, school, college or university board of trustees, or directors for the administration
of any public or private educational institution or during a school related activity; provided however, that
the term educational property shall not include any sixteenth section school land or lieu land on which
is not located a school building, school campus, recreational area or athletic field.
STATUTES
(a) Specific grounds for disciplinary action under the school district's discipline plan;
(b) Procedures to be followed for acts requiring discipline, including suspensions and expulsion, which
comply with due process requirements;
Page 4
(c) 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; free speech and student
publications; assembly; privacy; and participation in school programs and activities;
37-11-53. School district discipline plans; appearance by parents, guardians or custodians at
discipline conferences; recovery from parents for damage or destruction of school property;
parent allowed to accompany child to school as alternative to child's suspension
(1) A copy of the school district's discipline plan shall be distributed to each student enrolled in the district,
and the parents, guardian or custodian of such student shall sign a statement verifying that they have
been given notice of the discipline policies of their respective school district. The school board shall have
its official discipline plan and code of student conduct legally audited on an annual basis to insure that its
policies and procedures are currently in compliance with applicable statutes, case law and state and
federal constitutional provisions. As part of the first legal audit occurring after July 1, 2001, the provisions
of this section, Section 37-11-55 and Section 37-11-18.1, shall be fully incorporated into the school
district's discipline plan and code of student conduct.
Page 5

STATUTES
STATUTES
(5) A school district's discipline plan may provide that as an alternative to suspension, a student may
remain in school by having the parent, guardian or custodian, with the consent of the student's teacher or
teachers, attend class with the student for a period of time specifically agreed upon by the reporting
teacher and school principal. If the parent, guardian or custodian does not agree to attend class with the
student or fails to attend class with the student, the student shall be suspended in accordance with the
code of student conduct and discipline policies of the school district.
Page 6

STATUTES
37-11-57. Immunity of school personnel from liability for carrying out action in enforcing rules
regarding control, discipline, suspension and expulsion of students
(2) Corporal punishment administered in a reasonable manner, or any reasonable action to maintain
control and discipline of students taken by a teacher, assistant teacher, principal or assistant principal
acting within the scope of his employment or function and in accordance with any state or federal laws or
rules or regulations of the State Board of Education or the local school board, does not constitute
negligence or child abuse. No teacher, assistant teacher, principal or assistant principal so acting shall be
held liable in a suit for civil damages alleged to have been suffered by a student as a result of the
administration of corporal punishment, or the taking of action to maintain control and discipline of a
student, unless the court determines that the teacher, assistant teacher, principal or assistant principal
acted in bad faith or with malicious purpose or in a manner exhibiting a wanton and willful disregard of
human rights or safety. For the purposes of this subsection, "corporal punishment" means the reasonable
use of physical force or physical contact by a teacher, assistant teacher, principal or assistant principal,
as may be necessary to maintain discipline, to enforce a school rule, for self-protection or for the
protection of other students from disruptive students.


Page 7


STATUTES
37-11-18. Expulsion of student possessing controlled substance or weapon or committing
violent act on school property
Any student in any school who possesses any controlled substance in violation of the Uniform Controlled
Substances Law, a knife, handgun, other firearm or any other instrument considered to be dangerous and
capable of causing bodily harm or who commits a violent act on educational property as defined in
Section 97-37-17, Mississippi Code of 1972, shall be subject to automatic expulsion for a calendar year
by the superintendent or principal of the school in which the student is enrolled; provided, however, that
the superintendent of the school shall be authorized to modify the period of time for such expulsion on a
case by case basis. Such expulsion shall take effect immediately subject to the constitutional rights of due
process, which shall include the student's right to appeal to the local school board.
37-11-19. Suspension or expulsion of student damaging school property; liability of parent or
custodian.
If any pupil shall wilfully destroy, cut, deface, damage, or injure any school building, equipment or other
school property he shall be liable to suspension or expulsion and his parents or person or persons in loco
parentis shall be liable for all damages


STATUTES
37-9-71. Suspension of pupils.
The superintendent of schools and the principal of a school shall have the power to suspend a pupil for
good cause, including misconduct in the school or on school property, as defined in Section 37-11-29, on
the road to and from school, or at any school-related activity or event, or for conduct occurring on
property other than school property or other than at a school-related activity or event when such conduct
by a pupil, in the determination of the superintendent or principal, renders that pupil's presence in the
classroom a disruption to the educational environment of the school or a detriment to the best interest
and welfare of the pupils and teacher of such class as a whole, or for any reason for which such pupil
might be suspended, dismissed or expelled by the school board under state or federal law or any rule,
regulation or policy of the local school district. However, such action of the superintendent or principal
shall be subject to review by and the approval or disapproval of the school board. If the parent, guardian
or other person having custody of any child shall feel aggrieved by the suspension or dismissal of that
Page 8
child, then such parent, guardian or other person shall have the right to a due process hearing. The
parent or guardian of the child shall be advised of this right to a hearing by the appropriate superintendent
or principal and the proper form shall be provided for requesting such a hearing.
(1) A copy of the school district's discipline plan shall be distributed to each student enrolled in the district,
and the parents, guardian or custodian of such student shall sign a statement verifying that they have
been given notice of the discipline policies of their respective school district. The school board shall have
its official discipline plan and code of student conduct legally audited on an annual basis to insure that its
policies and procedures are currently in compliance with applicable statutes, case law and state and
federal constitutional provisions. As part of the first legal audit occurring after July 1, 2001, the provisions
of this section, Section 37-11-55 and Section 37-11-18.1, shall be fully incorporated into the school
district's discipline plan and code of student conduct.
(2) All discipline plans of school districts shall include, but not be limited to, the following:
(a) A parent, guardian or custodian of a compulsory-school-age child enrolled in a public school district
shall be responsible financially for his or her minor child's destructive acts against school property or
persons;
(b) A parent, guardian or custodian of a compulsory-school-age child enrolled in a public school district
may be requested to appear at school by the school attendance officer or an appropriate school official
for a conference regarding acts of the child specified in paragraph (a) of this subsection, or for any
other discipline conference regarding the acts of the child;
(c) Any parent, guardian or custodian of a compulsory-school-age child enrolled in a school district who
refuses or willfully fails to attend such discipline conference specified in paragraph (b) of this section
may be summoned by proper notification by the superintendent of schools or the school attendance
officer and be required to attend such discipline conference; and
(d) A parent, guardian or custodian of a compulsory-school-age child enrolled in a public school district
shall be responsible for any criminal fines brought against such student for unlawful activity occurring
on school grounds or buses.
(3) Any parent, guardian or custodian of a compulsory-school-age child who (a) fails to attend a discipline
conference to which such parent, guardian or custodian has been summoned under the provisions of this
section, or (b) refuses or willfully fails to perform any other duties imposed upon him or her under the
provisions of this section, shall be guilty of a misdemeanor and, upon conviction, shall be fined not to
exceed Two Hundred Fifty Dollars ($ 250.00).
(4) Any public school district shall be entitled to recover damages in an amount not to exceed Twenty
Thousand Dollars ($ 20,000.00), plus necessary court costs, from the parents of any minor under the age
of eighteen (18) years and over the age of six (6) years, who maliciously and willfully damages or
destroys property belonging to such school district. However, this section shall not apply to parents
whose parental control of such child has been removed by court order or decree. The action authorized in
this section shall be in addition to all other actions which the school district 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, for damages to which such minor or other person would otherwise be liable.
(5) A school district's discipline plan may provide that as an alternative to suspension, a student may
remain in school by having the parent, guardian or custodian, with the consent of the student's teacher or
teachers, attend class with the student for a period of time specifically agreed upon by the reporting
teacher and school principal. If the parent, guardian or custodian does not agree to attend class with the
Page 9
student or fails to attend class with the student, the student shall be suspended in accordance with the
code of student conduct and discipline policies of the school district.

STATUTES
37-11-55. Code of student conduct.
(d) Policies and procedures recognizing the teacher as the authority in classroom matters, and supporting
that teacher in any decision in compliance with the written discipline code of conduct. Such recognition
shall include the right of the teacher to remove from the classroom any student who, in the professional
judgment of the teacher, is disrupting the learning environment, to the office of the principal or assistant
principal. The principal or assistant principal shall determine the proper placement for the student, who
may not be returned to the classroom until a conference of some kind has been held with the parent,
guardian or custodian during which the disrupting behavior is discussed and agreements are reached that
no further disruption will be tolerated. If the principal does not approve of the determination of the teacher
to remove the student from the classroom, the student may not be removed from the classroom, and the
principal, upon request from the teacher, must provide justification for his disapproval;

STATUTES
37-13-92. Alternative school program for compulsory-school-age students; placement of
children in alternative school; transportation of students; expenses; annual report
(1) Beginning with the school year 2004-2005, the school boards of all school districts shall establish,
maintain and operate, in connection with the regular programs of the school district, an alternative school
program or behavior modification program as defined by the State Board of Education for, but not limited
to, the following categories of compulsory-school-age students:
(a) Any compulsory-school-age child who has been suspended for more than ten (10) days or expelled
from school, except for any student expelled for possession of a weapon or other felonious conduct;
(b) Any compulsory-school-age child referred to such alternative school based upon a documented
need for placement in the alternative school program by the parent, legal guardian or custodian of such
child due to disciplinary problems;
Page 10
(c) Any compulsory-school-age child referred to such alternative school program by the dispositive
order of a chancellor or youth court judge, with the consent of the superintendent of the child's school
district;
(d) Any compulsory-school-age child whose presence in the classroom, in the determination of the
school superintendent or principal, is a disruption to the educational environment of the school or a
detriment to the interest and welfare of the students and teachers of such class as a whole; and
(e) No school district is required to place a child returning from out-of-home placement in the mental
health, juvenile justice or foster care system in alternative school. Placement of a child in the alternative
school shall be done consistently, and for students identified under the Individuals with Disabilities
Education Act (IDEA), shall adhere to the requirements of the Individuals with Disabilities Education
Improvement Act of 2004. If a school district chooses to place a child in alternative school the district
will make an individual assessment and evaluation of that child in the following time periods:
(i) Five (5) days for a child transitioning from a group home, mental health care system, and/or the
custody of the Department of Human Services, Division of Youth and Family Services custody;
(ii) Ten (10) days for a child transitioning from a dispositional placement order by a youth court
pursuant to Section 43-21-605; and
(iii) An individualized assessment for youth transitioning from out-of-home placement to the alternative
school shall include:
1. A strength needs assessment.
2. A determination of the child's academic strengths and deficiencies.
3. A proposed plan for transitioning the child to a regular education placement at the earliest
possible date.
(2) The principal or program administrator of any such alternative school program shall require verification
from the appropriate guidance counselor of any such child referred to the alternative school program
regarding the suitability of such child for attendance at the alternative school program. Before a student
may be removed to an alternative school education program, the superintendent of the student's school
district must determine that the written and distributed disciplinary policy of the local district is being
followed. The policy shall include standards for:
(a) The removal of a student to an alternative education program that will include a process of
educational review to develop the student's individual instruction plan and the evaluation at regular
intervals of the student's educational progress; the process shall include classroom teachers and/or
other appropriate professional personnel, as defined in the district policy, to ensure a continuing
educational program for the removed student;
(b) The duration of alternative placement; and
(c) The notification of parents or guardians, and their appropriate inclusion in the removal and
evaluation process, as defined in the district policy. Nothing in this paragraph should be defined in a
manner to circumvent the principal's or the superintendent's authority to remove a student to alternative
education.
(3) The local school board or the superintendent shall provide for the continuing education of a student
who has been removed to an alternative school program.
(4) A school district, in its discretion, may provide a program of general educational development (GED)
preparatory instruction in the alternative school program. However, any GED preparation program offered
in an alternative school program must be administered in compliance with the rules and regulations
established for such programs under Sections 37-35-1 through 37-35-11 and by the State Board for
Community and Junior Colleges. The school district may administer the General Educational
Page 11
Development (GED) Testing Program under the policies and guidelines of the GED Testing Service of the
American Council on Education in the alternative school program or may authorize the test to be
administered through the community/junior college district in which the alternative school is situated.
(5) Any such alternative school program operated under the authority of this section shall meet all
appropriate accreditation requirements of the State Department of Education.
(6) The alternative school program may be held within such school district or may be operated by two (2)
or more adjacent school districts, pursuant to a contract approved by the State Board of Education. When
two (2) or more school districts contract to operate an alternative school program, the school board of a
district designated to be the lead district shall serve as the governing board of the alternative school
program. Transportation for students attending the alternative school program shall be the responsibility
of the local school district. The expense of establishing, maintaining and operating such alternative school
program may be paid from funds contributed or otherwise made available to the school district for such
purpose or from local district maintenance funds.
(7) The State Board of Education shall promulgate minimum guidelines for alternative school programs.
The guidelines shall require, at a minimum, the formulation of an individual instruction plan for each
student referred to the alternative school program and, upon a determination that it is in a student's best
interest for that student to receive general educational development (GED) preparatory instruction, that
the local school board assign the student to a GED preparatory program established under subsection (4)
of this section. The minimum guidelines for alternative school programs shall also require the following
components:
(a) Clear guidelines and procedures for placement of students into alternative education programs
which at a minimum shall prescribe due process procedures for disciplinary and general educational
development (GED) placement;
(b) Clear and consistent goals for students and parents;
(c) Curricula addressing cultural and learning style differences;
(d) Direct supervision of all activities on a closed campus;
(e) Attendance requirements that allow for educational and workforce development opportunities;
(f) Selection of program from options provided by the local school district, Division of Youth Services or
the youth court, including transfer to a community-based alternative school;
(g) Continual monitoring and evaluation and formalized passage from one (1) step or program to
another;
(h) A motivated and culturally diverse staff;
(i) Counseling for parents and students;
(j) Administrative and community support for the program; and
(k) Clear procedures for annual alternative school program review and evaluation.
(8) On request of a school district, the State Department of Education shall provide the district
informational material on developing an alternative school program that takes into consideration size,
wealth and existing facilities in determining a program best suited to a district.
(9) Any compulsory-school-age child who becomes involved in any criminal or violent behavior shall be
removed from such alternative school program and, if probable cause exists, a case shall be referred to
the youth court.
(10) The State Board of Education shall promulgate guidelines for alternative school programs which
provide broad authority to school boards of local school districts to establish alternative education
programs to meet the specific needs of the school district.
Page 12
(11) Each school district having an alternative school program shall submit a report annually to the State
Department of Education describing the results of its annual alternative school program review and
evaluation undertaken pursuant to subsection (7)(k). The report shall include a detailed account of any
actions taken by the school district during the previous year to comply with substantive guidelines
promulgated by the State Board of Education under subsection (7)(a) through (j).
Page 13

Conditions
STATUTES
school campus, grounds, recreational area, athletic field, or other property owned, used or operated
by any local school board, school, college or university board of trustees, or directors for the
administration of any public or private educational institution or during a school related activity;
provided however, that the term educational property shall not include any sixteenth section school
land or lieu land on which is not located a school building, school campus, recreational area or
athletic field.
(b) Student shall mean a person enrolled in a public or private school, college or university, or a
person who has been suspended or expelled within the last five (5) years from a public or private
school, college or university, whether the person is an adult or a minor.
(c) Switchblade knife shall mean a knife containing a blade or blades which open automatically by the
release of a spring or a similar contrivance.
(d) Weapon shall mean any device enumerated in subsection (2) or (4) of this section.
(2) It shall be a felony for any person to possess or carry, whether openly or concealed, any gun, rifle,
pistol or other firearm of any kind, or any dynamite cartridge, bomb, grenade, mine or powerful explosive
on educational property. However, this subsection does not apply to a BB gun, air rifle or air pistol. Any
person violating this subsection shall be guilty of a felony and, upon conviction thereof, shall be fined not
more than Five Thousand Dollars ($5,000.00), or committed to the custody of the State Department of
Corrections for not more than three (3) years, or both.
(3) It shall be a felony for any person to cause, encourage or aid a minor who is less than eighteen (18)
years old to possess or carry, whether openly or concealed, any gun, rifle, pistol or other firearm of any
kind, or any dynamite cartridge, bomb, grenade, mine or powerful explosive on educational property.
However, this subsection does not apply to a BB gun, air rifle or air pistol. Any person violating this
subsection shall be guilty of a felony and, upon conviction thereof, shall be fined not more than Five
Page 14
Thousand Dollars ($5,000.00), or committed to the custody of the State Department of Corrections for not
more than three (3) years, or both.
(4) It shall be a misdemeanor for any person to possess or carry, whether openly or concealed, any BB
gun, air rifle, air pistol, Bowie knife, dirk, dagger, slingshot, leaded cane, switchblade knife, blackjack,
metallic knuckles, razors and razor blades (except solely for personal shaving), and any sharp-pointed or
edged instrument except instructional supplies, unaltered nail files and clips and tools used solely for
preparation of food, instruction and maintenance on educational property. Any person violating this
subsection shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than
One Thousand Dollars ($1,000.00), or be imprisoned not exceeding six (6) months, or both.
(5) It shall be a misdemeanor for any person to cause, encourage or aid a minor who is less than
eighteen (18) years old to possess or carry, whether openly or concealed, any BB gun, air rifle, air pistol,
Bowie knife, dirk, dagger, slingshot, leaded cane, switchblade, knife, blackjack, metallic knuckles, razors
and razor blades (except solely for personal shaving) and any sharp-pointed or edged instrument except
instructional supplies, unaltered nail files and clips and tools used solely for preparation of food,
instruction and maintenance on educational property. Any person violating this subsection shall be guilty
of a misdemeanor and, upon conviction thereof, shall be fined not more than One Thousand Dollars
($1,000.00), or be imprisoned not exceeding six (6) months, or both.
(6) It shall not be a violation of this section for any person to possess or carry, whether openly or
concealed, any gun, rifle, pistol or other firearm of any kind on educational property if:
(a) The person is not a student attending school on any educational property; (b) The firearm is within a
motor vehicle; and
(b) The firearm is within a motor vehicle; and
(c) The person does not brandish, exhibit or display the firearm in any careless, angry or threatening
manner.
(7) This section shall not apply to:
(a) A weapon used solely for educational or school-sanctioned ceremonial purposes, or used in a
school-approved program conducted under the supervision of an adult whose supervision has been
approved by the school authority;
(b) Armed forces personnel of the United States, officers and soldiers of the militia and National Guard,
law enforcement personnel, any private police employed by an educational institution, State Militia or
Emergency Management Corps and any guard or patrolman in a state or municipal institution, when
acting in the discharge of their official duties;
(c) Home schools as defined in the compulsory school attendance law, Section 37-13-91;
(d) Competitors while participating in organized shooting events;
(e) Any person as authorized in Section 97-37-7 while in the performance of his official duties;
(f) Any mail carrier while in the performance of his official duties; or
(g) Any weapon not prescribed by Section 97-37-1 which is in a motor vehicle under the control of a
parent, guardian or custodian, as defined in Section 43-21-105, which is used to bring or pick up a
student at a school building, school property or school function.
(8) All schools shall post in public view a copy of the provisions of this section.
Page 15
Other weapons
STATUTES
school campus, grounds, recreational area, athletic field, or other property owned, used or operated by
any local school board, school, college or university board of trustees, or directors for the administration
of any public or private educational institution or during a school related activity; provided however, that
the term educational property shall not include any sixteenth section school land or lieu land on which
is not located a school building, school campus, recreational area or athletic field.
(b) Student shall mean a person enrolled in a public or private school, college or university, or a
person who has been suspended or expelled within the last five (5) years from a public or private
school, college or university, whether the person is an adult or a minor.
(c) Switchblade knife shall mean a knife containing a blade or blades which open automatically by the
release of a spring or a similar contrivance.
(d) Weapon shall mean any device enumerated in subsection (2) or (4) of this section.
(2) It shall be a felony for any person to possess or carry, whether openly or concealed, any gun, rifle,
pistol or other firearm of any kind, or any dynamite cartridge, bomb, grenade, mine or powerful explosive
on educational property. However, this subsection does not apply to a BB gun, air rifle or air pistol. Any
person violating this subsection shall be guilty of a felony and, upon conviction thereof, shall be fined not
more than Five Thousand Dollars ($5,000.00), or committed to the custody of the State Department of
Corrections for not more than three (3) years, or both.
(3) It shall be a felony for any person to cause, encourage or aid a minor who is less than eighteen (18)
years old to possess or carry, whether openly or concealed, any gun, rifle, pistol or other firearm of any
kind, or any dynamite cartridge, bomb, grenade, mine or powerful explosive on educational property.
However, this subsection does not apply to a BB gun, air rifle or air pistol. Any person violating this
subsection shall be guilty of a felony and, upon conviction thereof, shall be fined not more than Five
Thousand Dollars ($5,000.00), or committed to the custody of the State Department of Corrections for not
more than three (3) years, or both.
(4) It shall be a misdemeanor for any person to possess or carry, whether openly or concealed, any BB
gun, air rifle, air pistol, Bowie knife, dirk, dagger, slingshot, leaded cane, switchblade knife, blackjack,
metallic knuckles, razors and razor blades (except solely for personal shaving), and any sharp-pointed or
edged instrument except instructional supplies, unaltered nail files and clips and tools used solely for
preparation of food, instruction and maintenance on educational property. Any person violating this
subsection shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than
One Thousand Dollars ($1,000.00), or be imprisoned not exceeding six (6) months, or both.
(5) It shall be a misdemeanor for any person to cause, encourage or aid a minor who is less than
eighteen (18) years old to possess or carry, whether openly or concealed, any BB gun, air rifle, air pistol,
Bowie knife, dirk, dagger, slingshot, leaded cane, switchblade, knife, blackjack, metallic knuckles, razors
and razor blades (except solely for personal shaving) and any sharp-pointed or edged instrument except
instructional supplies, unaltered nail files and clips and tools used solely for preparation of food,
instruction and maintenance on educational property. Any person violating this subsection shall be guilty
of a misdemeanor and, upon conviction thereof, shall be fined not more than One Thousand Dollars
($1,000.00), or be imprisoned not exceeding six (6) months, or both.
Page 16
(6) It shall not be a violation of this section for any person to possess or carry, whether openly or
concealed, any gun, rifle, pistol or other firearm of any kind on educational property if:
(a) The person is not a student attending school on any educational property;
(b) The firearm is within a motor vehicle; and
(c) The person does not brandish, exhibit or display the firearm in any careless, angry or threatening
manner.
(7) This section shall not apply to:
(a) A weapon used solely for educational or school-sanctioned ceremonial purposes, or used in a
school-approved program conducted under the supervision of an adult whose supervision has been
approved by the school authority;
(b) Armed forces personnel of the United States, officers and soldiers of the militia and National Guard,
law enforcement personnel, any private police employed by an educational institution, State Militia or
Emergency Management Corps and any guard or patrolman in a state or municipal institution, when
acting in the discharge of their official duties;
(c) Home schools as defined in the compulsory school attendance law, Section 37-13-91;
(d) Competitors while participating in organized shooting events;
(e) Any person as authorized in Section 97-37-7 while in the performance of his official duties;
(f) Any mail carrier while in the performance of his official duties; or
(g) Any weapon not prescribed by Section 97-37-1 which is in a motor vehicle under the control of a
parent, guardian or custodian, as defined in Section 43-21-105, which is used to bring or pick up a
student at a school building, school property or school function.
(8) All schools shall post in public view a copy of the provisions of this section.

STATUTES
37-11-18.1. Expulsion of habitually disruptive students aged 13 years or older upon third
occurrence of disruptive behavior within school year
(1) For the purposes of this section:
(a) The term "disruptive behavior" means conduct of a student that is so unruly, disruptive or abusive
that it seriously interferes with a school teacher's or school administrator's ability to communicate with
the students in a classroom, with a student's ability to learn, or with the operation of a school or schoolrelated activity, and which is not covered by other laws related to violence or possession of weapons or
controlled substances on school property, school vehicles or at school-related activities. Such
behaviors include, but are not limited to: foul, profane, obscene, threatening, defiant or abusive
language or action toward teachers or other school employees; defiance, ridicule or verbal attack of a
teacher; and willful, deliberate and overt acts of disobedience of the directions of a teacher; and
(b) The term "habitually disruptive" refers to such actions of a student which cause disruption in a
classroom, on school property or vehicles or at a school-related activity on more than two (2) occasions
during a school year, and to disruptive behavior that was initiated, willful and overt on the part of the
student and which required the attention of school personnel to deal with the disruption. However, no
student shall be considered to be habitually disruptive before the development of a behavior
modification plan for the student in accordance with the code of student conduct and discipline plans of
the school district.
Page 17
(2) Every behavior modification plan written pursuant to this section must be developed by utilizing
evidence-based practices and positive behavioral intervention supports. The plan must be implemented
no later than two (2) weeks after the occurrence of the disruptive behavior.
(3) Any student who is thirteen (13) years of age or older for whom a behavior modification plan is
developed by the school principal, reporting teacher and student's parent and which student does not
comply with the plan shall be deemed habitually disruptive and subject to expulsion on the occurrence of
the third act of disruptive behavior during a school year. After the second act of disruptive behavior during
a school year by a student, a psychological evaluation shall be performed upon the child.

STATUTES
37-13-91. Compulsory school attendance requirements generally; enforcement of law
(1) This section shall be referred to as the "Mississippi Compulsory School Attendance Law."
(2) The following terms as used in this section are defined as follows:
(a) "Parent" means the father or mother to whom a child has been born, or the father or mother by
whom a child has been legally adopted.
(b) "Guardian" means a guardian of the person of a child, other than a parent, who is legally appointed
by a court of competent jurisdiction.
(c) "Custodian" means any person having the present care or custody of a child, other than a parent or
guardian of the child.
(d) "School day" means not less than five (5) and not more than eight (8) hours of actual teaching in
which both teachers and pupils are in regular attendance for scheduled schoolwork.
(e) "School" means any public school in this state or any nonpublic school in this state which is in
session each school year for at least one hundred eighty (180) school days, except that the "nonpublic"
school term shall be the number of days that each school shall require for promotion from grade to
grade.
(f) "Compulsory-school-age child" means a child who has attained or will attain the age of six (6) years
on or before September 1 of the calendar year and who has not attained the age of seventeen (17)
years on or before September 1 of the calendar year; and shall include any child who has attained or
will attain the age of five (5) years on or before September 1 and has enrolled in a full-day public school
kindergarten program. Provided, however, that the parent or guardian of any child enrolled in a full-day
public school kindergarten program shall be allowed to disenroll the child from the program on a onetime basis, and such child shall not be deemed a compulsory-school-age child until the child attains the
age of six (6) years.
(g) "School attendance officer" means a person employed by the State Department of Education
pursuant to Section 37-13-89.
(h) "Appropriate school official" means the superintendent of the school district, or his designee, or, in
the case of a nonpublic school, the principal or the headmaster.
(i) "Nonpublic school" means an institution for the teaching of children, consisting of a physical plant,
whether owned or leased, including a home, instructional staff members and students, and which is in
session each school year. This definition shall include, but not be limited to, private, church, parochial
and home instruction programs.
Page 18
(3) A parent, guardian or custodian of a compulsory-school-age child in this state shall cause the child to
enroll in and attend a public school or legitimate nonpublic school for the period of time that the child is of
compulsory school age, except under the following circumstances:
(a) When a compulsory-school-age child is physically, mentally or emotionally incapable of attending
school as determined by the appropriate school official based upon sufficient medical documentation.
(b) When a compulsory-school-age child is enrolled in and pursuing a course of special education,
remedial education or education for handicapped or physically or mentally disadvantaged children.
(c) When a compulsory-school-age child is being educated in a legitimate home instruction program.
The parent, guardian or custodian of a compulsory-school-age child described in this subsection, or the
parent, guardian or custodian of a compulsory-school-age child attending any nonpublic school, or the
appropriate school official for any or all children attending a nonpublic school shall complete a
"certificate of enrollment" in order to facilitate the administration of this section.
The form of the certificate of enrollment shall be prepared by the Office of Compulsory School
Attendance Enforcement of the State Department of Education and shall be designed to obtain the
following information only:
(i) The name, address, telephone number and date of birth of the compulsory-school-age child;
(ii) The name, address and telephone number of the parent, guardian or custodian of the compulsoryschool-age child;
(iii) A simple description of the type of education the compulsory-school-age child is receiving and, if
the child is enrolled in a nonpublic school, the name and address of the school; and
(iv) The signature of the parent, guardian or custodian of the compulsory-school-age child or, for any
or all compulsory-school-age child or children attending a nonpublic school, the signature of the
appropriate school official and the date signed.
The certificate of enrollment shall be returned to the school attendance officer where the child resides
on or before September 15 of each year. Any parent, guardian or custodian found by the school
attendance officer to be in noncompliance with this section shall comply, after written notice of the
noncompliance by the school attendance officer, with this subsection within ten (10) days after the
notice or be in violation of this section. However, in the event the child has been enrolled in a public
school within fifteen (15) calendar days after the first day of the school year as required in subsection
(6), the parent or custodian may, at a later date, enroll the child in a legitimate nonpublic school or
legitimate home instruction program and send the certificate of enrollment to the school attendance
officer and be in compliance with this subsection.
For the purposes of this subsection, a legitimate nonpublic school or legitimate home instruction
program shall be those not operated or instituted for the purpose of avoiding or circumventing the
compulsory attendance law.
(4) An "unlawful absence" is an absence during a school day by a compulsory-school-age child, which
absence is not due to a valid excuse for temporary nonattendance. Days missed from school due to
disciplinary suspension shall not be considered an "excused" absence under this section. This subsection
shall not apply to children enrolled in a nonpublic school.
Each of the following shall constitute a valid excuse for temporary nonattendance of a compulsory-schoolage child enrolled in a public school, provided satisfactory evidence of the excuse is provided to the
superintendent of the school district, or his designee:
(a) An absence is excused when the absence results from the compulsory-school-age child's
attendance at an authorized school activity with the prior approval of the superintendent of the school
Page 19
district, or his designee. These activities may include field trips, athletic contests, student conventions,
musical festivals and any similar activity.
(b) An absence is excused when the absence results from illness or injury which prevents the
compulsory-school-age child from being physically able to attend school.
(c) An absence is excused when isolation of a compulsory-school-age child is ordered by the county
health officer, by the State Board of Health or appropriate school official.
(d) An absence is excused when it results from the death or serious illness of a member of the
immediate family of a compulsory-school-age child. The immediate family members of a compulsoryschool-age child shall include children, spouse, grandparents, parents, brothers and sisters, including
stepbrothers and stepsisters.
(e) An absence is excused when it results from a medical or dental appointment of a compulsoryschool-age child.
(f) An absence is excused when it results from the attendance of a compulsory-school-age child at the
proceedings of a court or an administrative tribunal if the child is a party to the action or under
subpoena as a witness.
(g) An absence may be excused if the religion to which the compulsory-school-age child or the child's
parents adheres, requires or suggests the observance of a religious event. The approval of the absence
is within the discretion of the superintendent of the school district, or his designee, but approval should
be granted unless the religion's observance is of such duration as to interfere with the education of the
child.
(h) An absence may be excused when it is demonstrated to the satisfaction of the superintendent of the
school district, or his designee, that the purpose of the absence is to take advantage of a valid
educational opportunity such as travel, including vacations or other family travel. Approval of the
absence must be gained from the superintendent of the school district, or his designee, before the
absence, but the approval shall not be unreasonably withheld.
(i) An absence may be excused when it is demonstrated to the satisfaction of the superintendent of the
school district, or his designee, that conditions are sufficient to warrant the compulsory-school-age
child's nonattendance. However, no absences shall be excused by the school district superintendent, or
his designee, when any student suspensions or expulsions circumvent the intent and spirit of the
compulsory attendance law.
(5) Any parent, guardian or custodian of a compulsory-school-age child subject to this section who
refuses or willfully fails to perform any of the duties imposed upon him or her under this section or who
intentionally falsifies any information required to be contained in a certificate of enrollment, shall be guilty
of contributing to the neglect of a child and, upon conviction, shall be punished in accordance with
Section 97-5-39.
Upon prosecution of a parent, guardian or custodian of a compulsory-school-age child for violation of this
section, the presentation of evidence by the prosecutor that shows that the child has not been enrolled in
school within eighteen (18) calendar days after the first day of the school year of the public school which
the child is eligible to attend, or that the child has accumulated twelve (12) unlawful absences during the
school year at the public school in which the child has been enrolled, shall establish a prima facie case
that the child's parent, guardian or custodian is responsible for the absences and has refused or willfully
failed to perform the duties imposed upon him or her under this section. However, no proceedings under
this section shall be brought against a parent, guardian or custodian of a compulsory-school-age child
unless the school attendance officer has contacted promptly the home of the child and has provided
written notice to the parent, guardian or custodian of the requirement for the child's enrollment or
attendance.
Page 20
(6) If a compulsory-school-age child has not been enrolled in a school within fifteen (15) calendar days
after the first day of the school year of the school which the child is eligible to attend or the child has
accumulated five (5) unlawful absences during the school year of the public school in which the child is
enrolled, the school district superintendent or his designee shall report, within two (2) school days or
within five (5) calendar days, whichever is less, the absences to the school attendance officer. The State
Department of Education shall prescribe a uniform method for schools to utilize in reporting the unlawful
absences to the school attendance officer. The superintendent, or his designee, also shall report any
student suspensions or student expulsions to the school attendance officer when they occur.
(7) When a school attendance officer has made all attempts to secure enrollment and/or attendance of a
compulsory-school-age child and is unable to effect the enrollment and/or attendance, the attendance
officer shall file a petition with the youth court under Section 43-21-451 or shall file a petition in a court of
competent jurisdiction as it pertains to parent or child. Sheriffs, deputy sheriffs and municipal law
enforcement officers shall be fully authorized to investigate all cases of nonattendance and unlawful
absences by compulsory-school-age children, and shall be authorized to file a petition with the youth
court under Section 43-21-451 or file a petition or information in the court of competent jurisdiction as it
pertains to parent or child for violation of this section. The youth court shall expedite a hearing to make an
appropriate adjudication and a disposition to ensure compliance with the Compulsory School Attendance
Law, and may order the child to enroll or re-enroll in school. The superintendent of the school district to
which the child is ordered may assign, in his discretion, the child to the alternative school program of the
school established pursuant to Section 37-13-92.
(8) The State Board of Education shall adopt rules and regulations for the purpose of reprimanding any
school superintendents who fail to timely report unexcused absences under the provisions of this section.
(9) Notwithstanding any provision or implication herein to the contrary, it is not the intention of this section
to impair the primary right and the obligation of the parent or parents, or person or persons in loco
parentis to a child, to choose the proper education and training for such child, and nothing in this section
shall ever be construed to grant, by implication or otherwise, to the State of Mississippi, any of its officers,
agencies or subdivisions any right or authority to control, manage, supervise or make any suggestion as
to the control, management or supervision of any private or parochial school or institution for the
education or training of children, of any kind whatsoever that is not a public school according to the laws
of this state; and this section shall never be construed so as to grant, by implication or otherwise, any
right or authority to any state agency or other entity to control, manage, supervise, provide for or affect
the operation, management, program, curriculum, admissions policy or discipline of any such school or
home instruction program.
Substance use
STATUTES
Page 21
37-14-3. Office of Healthy Schools of state department of education to administer school nurse
program; transfer of School Nurse Intervention Program to Office of Healthy Schools;
(4) The nurses in the Mary Kirkpatrick Haskell-Mary Sprayberry Public School Nurse Program shall have
the following specific responsibilities:
(c) Implement activities to promote health and prevent tobacco, alcohol and substance use and abuse;

STATUTES
37-11-20. Intimidation, threatening or coercion of students for purpose of interfering with
attendance of classes.
It shall be unlawful for any person to intimidate, threaten or coerce, or attempt to intimidate, threaten or
coerce, whether by illegal force, threats of force or by the distribution of intimidating, threatening or
coercive material, any person enrolled in any school for the purpose of interfering with the right of that
person to attend school classes or of causing him not to attend such classes.
Upon conviction of violation of any provision of this section, such individual shall be guilty of a
misdemeanor and shall be subject to a fine of not to exceed five hundred dollars ($500.00), imprisonment
in jail for a period not to exceed six (6) months, or both. Any person under the age of seventeen (17)
years who violates any provision of this section shall be treated as a delinquent within the jurisdiction of
the youth court.
37-11-54. State Board of Education to develop list of conflict resolution and peer mediation
The State Board of Education shall develop a list of recommended conflict resolution and mediation
materials, models and curricula that are developed from evidence-based practices and positive
behavioral intervention supports to address responsible decision making, the causes and effects of
school violence and harassment, cultural diversity, and nonviolent methods for resolving conflict,
including peer mediation, and shall make the list available to local school administrative units and school
buildings before the beginning of the 2007-2008 school year. In addition, local school boards shall
incorporate evidence-based practices and positive behavioral intervention supports into individual school
district policies and Codes of Conduct. In developing this list, the board shall emphasize materials,
models and curricula that currently are being used in Mississippi and that the board determines to be
effective. The board shall include at least one (1) model that includes instruction and guidance for the
voluntary implementation of peer mediation programs and one (1) model that provides instruction and
guidance for teachers concerning the integration of conflict resolution and mediation lessons into the
existing classroom curriculum.
37-11-67. Bullying or harassing behavior in public schools prohibited
(1) As used in this section and Section 37-11-69, "bullying or harassing behavior" is any pattern of
gestures or written, electronic or verbal communications, or any physical act or any threatening
communication, or any act reasonably perceived as being motivated by any actual or perceived
differentiating characteristic, that takes place on school property, at any school-sponsored function, or on
a school bus, and that:
(a) Places a student or school employee in actual and reasonable fear of harm to his or her person or
damage to his or her property; or
Page 22
(b) Creates or is certain to create a hostile environment by substantially interfering with or impairing a
student's educational performance, opportunities or benefits. For purposes of this section, "hostile
environment" means that the victim subjectively views the conduct as bullying or harassing behavior
and the conduct is objectively severe or pervasive enough that a reasonable person would agree that it
is bullying or harassing behavior.
(2) No student or school employee shall be subjected to bullying or harassing behavior by school
employees or students.
(3) No person shall engage in any act of reprisal or retaliation against a victim, witness or a person with
reliable information about an act of bullying or harassing behavior.
(4) A school employee who has witnessed or has reliable information that a student or school employee
has been subject to any act of bullying or harassing behavior shall report the incident to the appropriate
school official.
(5) A student or volunteer who has witnessed or has reliable information that a student or school
employee has been subject to any act of bullying or harassing behavior should report the incident to the
appropriate school official.
37-11-69. Personnel and discipline policies and code of student conduct to include prohibition
Before December 31, 2010, each local school district shall include in its personnel policies, discipline
policies and code of student conduct a prohibition against bullying or harassing behavior and adopt
procedures for reporting, investigating and addressing such behavior. The policies must recognize the
fundamental right of every student to take reasonable actions as may be necessary to defend himself or
herself from an attack by another student who has evidenced menacing or threatening behavior through
bullying or harassing.

Page 23

Prevention
STATUTES
37-14-3. Office of Healthy Schools of state department of education to administer school nurse
program; transfer of School Nurse Intervention Program to Office of Healthy Schools;
(4) The nurses in the Mary Kirkpatrick Haskell-Mary Sprayberry Public School Nurse Program shall have
the following specific responsibilities:
(c) Implement activities to promote health and prevent tobacco, alcohol and substance use and abuse;

STATUTES
37-11-18.1. Expulsion of habitually disruptive students aged 13 years or older upon third
occurrence of disruptive behavior within school year
(1) For the purposes of this section:
(a) The term "disruptive behavior" means conduct of a student that is so unruly, disruptive or abusive
that it seriously interferes with a school teacher's or school administrator's ability to communicate with
the students in a classroom, with a student's ability to learn, or with the operation of a school or schoolrelated activity, and which is not covered by other laws related to violence or possession of weapons or
controlled substances on school property, school vehicles or at school-related activities. Such
behaviors include, but are not limited to: foul, profane, obscene, threatening, defiant or abusive
language or action toward teachers or other school employees; defiance, ridicule or verbal attack of a
teacher; and willful, deliberate and overt acts of disobedience of the directions of a teacher; and
Page 24
(b) The term "habitually disruptive" refers to such actions of a student which cause disruption in a
classroom, on school property or vehicles or at a school-related activity on more than two (2) occasions
during a school year, and to disruptive behavior that was initiated, willful and overt on the part of the
student and which required the attention of school personnel to deal with the disruption. However, no
student shall be considered to be habitually disruptive before the development of a behavior
modification plan for the student in accordance with the code of student conduct and discipline plans of
(2) Every behavior modification plan written pursuant to this section must be developed by utilizing
evidence-based practices and positive behavioral intervention supports. The plan must be implemented
no later than two (2) weeks after the occurrence of the disruptive behavior.
(3) Any student who is thirteen (13) years of age or older for whom a behavior modification plan is
developed by the school principal, reporting teacher and student's parent and which student does not
comply with the plan shall be deemed habitually disruptive and subject to expulsion on the occurrence of
the third act of disruptive behavior during a school year. After the second act of disruptive behavior during
a school year by a student, a psychological evaluation shall be performed upon the child.
STATUTES
37-3-89. School discipline and classroom management courses; requirement; approval
The State Board of Education, acting through the Commission on Teacher and Administrator Education,
Certification and Licensure and Development, shall require each educator preparation program in the
state, as a condition for approval, to include a course or courses on school discipline or classroom
management as a required part of the teacher education program. All school discipline or classroom
management courses offered by a teacher education program shall be approved by the Educator License
Commission.
Page 25
37-3-91. Regional behavioral institutes; discipline and classroom management strategies;

participation
(1) Subject to the availability of funds appropriated for such purpose, the State Department of Education
may establish regional behavioral institutes for the purpose of providing state-of-the-art training to
teachers and administrators in discipline and classroom management strategies.
(2) Any school district may volunteer to participate in a regional behavioral institute. However, the State
Department of Education may require a school district to participate in a regional behavioral institute if the
department determines that such participation is in the best interest of the school district based upon:
(a) Complaints received and determined by the department to be valid which relate to disciplinary
problems in the school district;
(b) Any visit to the school by representatives of the department which indicates disciplinary problems in
the school district; or
(c) A review of reports submitted by a school district to the department which indicates disciplinary
problems in the school district.
Page 26

STATUTES
37-11-29. Reporting of unlawful activity or violent act on educational property or during school
related activity; authority of law enforcement officers; reporting of disposition of charges against
student; liability of school personnel participating in reporting
(1) Any principal, teacher or other school employee who has knowledge of any unlawful activity which
occurred on educational property or during a school related activity or which may have occurred shall
report such activity to the superintendent of the school district or his designee who shall notify the
appropriate law enforcement officials as required by this section. In the event of an emergency or if the
superintendent or his designee is unavailable, any principal may make a report required under this
subsection.
37-11-67. Bullying or harassing behavior in public schools prohibited
(4) A school employee who has witnessed or has reliable information that a student or school employee
school official.
(5) A student or volunteer who has witnessed or has reliable information that a student or school
(6) If a compulsory-school-age child has not been enrolled in a school within fifteen (15) calendar days
after the first day of the school year of the school which the child is eligible to attend or the child has
accumulated five (5) unlawful absences during the school year of the public school in which the child is
enrolled, the school district superintendent or his designee shall report, within two (2) school days or
within five (5) calendar days, whichever is less, the absences to the school attendance officer. The State
Department of Education shall prescribe a uniform method for schools to utilize in reporting the unlawful
absences to the school attendance officer. The superintendent, or his designee, also shall report any
student suspensions or student expulsions to the school attendance officer when they occur.
37-15-6. Central reporting system for information concerning expulsions from public schools;
For the purpose of providing notice to public and private school officials, both within and outside the
boundaries of the state, of the expulsion of any public school student, the State Department of Education
may develop a central reporting system for maintaining information concerning each expulsion from a
public school. In establishing and maintaining the reporting system, the department may require each
school district to report, within a certain period of time after an expulsion, as established by the
department, information such as the following:
(a) The name of the student expelled;
(b) The date the student was expelled;
(c) The age of the student at the time of the expulsion;
(d) The school from which the student was expelled;
(e) The reason for the expulsion, including a detailed description of the student's act or acts;
Page 27
(f) The duration of the period of expulsion, if not indefinite; and

(g) Any other information that the department deems necessary for school officials in a public or private
school, where a student is seeking enrollment, to determine whether or not a student should be denied
enrollment based upon a previous expulsion.
Any information maintained by the department under the authority of this section shall be strictly
confidential. The information shall be available to school officials at a public or private school only upon
their request and only when a student seeks enrollment or admission to that school. In no case shall the
information be available to the general public.
STATUTES
37-13-89. School attendance officers; qualifications; duties; salaries
(4) It shall be the duty of each school attendance officer to:
(f) Contact the home or place of residence of a compulsory-school-age child and any other place in
which the officer is likely to find any compulsory-school-age child when the child is absent from school
during school hours without a valid written excuse from school officials, and when the child is found, the
officer shall notify the parents and school officials as to where the child was physically located;
(g) Contact promptly the home of each compulsory-school-age child in the school district within the
officer's jurisdiction who is not enrolled in school or is not in attendance at public school and is without a
valid written excuse from school officials; if no valid reason is found for the nonenrollment or absence
from the school, the school attendance officer shall give written notice to the parent, guardian or
custodian of the requirement for the child's enrollment or attendance;
(2) The principal or program administrator of any such alternative school program shall require verification
from the appropriate guidance counselor of any such child referred to the alternative school program
regarding the suitability of such child for attendance at the alternative school program. Before a student
may be removed to an alternative school education program, the superintendent of the student's school
district must determine that the written and distributed disciplinary policy of the local district is being
followed. The policy shall include standards for:
(c) The notification of parents or guardians, and their appropriate inclusion in the removal and
evaluation process, as defined in the district policy. Nothing in this paragraph should be defined in a
manner to circumvent the principal's or the superintendent's authority to remove a student to alternative
education.

STATUTES
37-11-29. Reporting of unlawful activity or violent act on educational property or during school
related activity; authority of law enforcement officers; reporting of disposition of charges against
student; liability of school personnel participating in reporting
(1) Any principal, teacher or other school employee who has knowledge of any unlawful activity which
occurred on educational property or during a school related activity or which may have occurred shall
report such activity to the superintendent of the school district or his designee who shall notify the
Page 28
appropriate law enforcement officials as required by this section. In the event of an emergency or if the
superintendent or his designee is unavailable, any principal may make a report required under this
subsection.
(2) Whenever any person who shall be an enrolled student in any school or educational institution in this
state supported in whole or in part by public funds, or who shall be an enrolled student in any private
school or educational institution, is arrested for, and lawfully charged with, the commission of any crime
and convicted upon the charge for which he was arrested, or convicted of any crime charged against him
after his arrest and before trial, the office or law enforcement department of which the arresting officer is a
member, and the justice court judge and any circuit judge or court before whom such student is tried upon
said charge or charges, shall make or cause to be made a report thereof to the superintendent or the
president or chancellor, as the case may be, of the school district or other educational institution in which
such student is enrolled.
If the charge upon which such student was arrested, or any other charges preferred against him are
dismissed or nol prossed, or if upon trial he is either convicted or acquitted of such charge or charges,
same shall be reported to said respective superintendent or president, or chancellor, as the case may be.
A copy of said report shall be sent to the Secretary of the Board of Trustees of State Institutions of Higher
Learning of the State of Mississippi, at Jackson, Mississippi.
Said report shall be made within one (1) week after the arrest of such student and within one (1) week
after any charge placed against him is dismissed or nol prossed, and within one (1) week after he shall
have pled guilty, been convicted, or have been acquitted by trial upon any charge placed against him.
This section shall not apply to ordinary traffic violations involving a penalty of less than Fifty Dollars ($
50.00) and costs.
(3) When the superintendent or his designee has a reasonable belief that an act has occurred on
educational property or during a school related activity involving any of the offenses set forth in
subsection (6) of this section, the superintendent or his designee shall immediately report the act to the
appropriate local law enforcement agency. For purposes of this subsection, "school property" shall
include any public school building, bus, public school campus, grounds, recreational area or athletic field
in the charge of the superintendent. The State Board of Education shall prescribe a form for making
reports required under this subsection. Any superintendent or his designee who fails to make a report
required by this section shall be subject to the penalties provided in Section 37-11-35.
(4) The law enforcement authority shall immediately dispatch an officer to the educational institution and
with probable cause the officer is authorized to make an arrest if necessary as provided in Section 99-3-7.
(5) Any superintendent, principal, teacher or other school personnel participating in the making of a
required report pursuant to this section or participating in any judicial proceeding resulting therefrom shall
be presumed to be acting in good faith. Any person reporting in good faith shall be immune from any civil
liability that might otherwise be incurred or imposed.
(6) For purposes of this section, "unlawful activity" means any of the following:
(a) Possession or use of a deadly weapon, as defined in Section 97-37-1;
(b) Possession, sale or use of any controlled substance;
(c) Aggravated assault, as defined in Section 97-3-7;
(d) Simple assault, as defined in Section 97-3-7, upon any school employee;
(e) Rape, as defined under Mississippi law;
(f) Sexual battery, as defined under Mississippi law;
(g) Murder, as defined under Mississippi law;
(h) Kidnapping, as defined under Mississippi law; or
Page 29
(i) Fondling, touching, handling, etc., a child for lustful purposes, as defined in Section 97-5-23.
(7) When a school attendance officer has made all attempts to secure enrollment and/or attendance of a
compulsory-school-age child and is unable to effect the enrollment and/or attendance, the attendance
officer shall file a petition with the youth court under Section 43-21-451 or shall file a petition in a court of
competent jurisdiction as it pertains to parent or child. Sheriffs, deputy sheriffs and municipal law
enforcement officers shall be fully authorized to investigate all cases of nonattendance and unlawful
absences by compulsory-school-age children, and shall be authorized to file a petition with the youth
court under Section 43-21-451 or file a petition or information in the court of competent jurisdiction as it
pertains to parent or child for violation of this section. The youth court shall expedite a hearing to make an
appropriate adjudication and a disposition to ensure compliance with the Compulsory School Attendance
Law, and may order the child to enroll or re-enroll in school. The superintendent of the school district to
which the child is ordered may assign, in his discretion, the child to the alternative school program of the
school established pursuant to Section 37-13-92.

STATUTES
37-15-6. Central reporting system for information concerning expulsions from public schools;
For the purpose of providing notice to public and private school officials, both within and outside the
boundaries of the state, of the expulsion of any public school student, the State Department of Education
may develop a central reporting system for maintaining information concerning each expulsion from a
public school. In establishing and maintaining the reporting system, the department may require each
school district to report, within a certain period of time after an expulsion, as established by the
department, information such as the following:
(a) The name of the student expelled;
(b) The date the student was expelled;
(c) The age of the student at the time of the expulsion;
(d) The school from which the student was expelled;
(e) The reason for the expulsion, including a detailed description of the student's act or acts;
(f) The duration of the period of expulsion, if not indefinite; and
(g) Any other information that the department deems necessary for school officials in a public or private
school, where a student is seeking enrollment, to determine whether or not a student should be denied
enrollment based upon a previous expulsion.
Any information maintained by the department under the authority of this section shall be strictly
confidential. The information shall be available to school officials at a public or private school only upon
their request and only when a student seeks enrollment or admission to that school. In no case shall the
information be available to the general public.
Page 30

STATUTES
37-3-91. Regional behavioral institutes; discipline and classroom management strategies;
participation
(2) Any school district may volunteer to participate in a regional behavioral institute. However, the State
Department of Education may require a school district to participate in a regional behavioral institute if the
department determines that such participation is in the best interest of the school district based upon:
(c) A review of reports submitted by a school district to the department which indicates disciplinary
problems in the school district.
(1) [] The school board shall have its official discipline plan and code of student conduct legally audited
on an annual basis to insure that its policies and procedures are currently in compliance with applicable
statutes, case law and state and federal constitutional provisions. As part of the first legal audit occurring
after July 1, 2001, the provisions of this section, Section 37-11-55 and Section 37-11-18.1, shall be fully
incorporated into the school district's discipline plan and code of student conduct.
(11) Each school district having an alternative school program shall submit a report annually to the State
Department of Education describing the results of its annual alternative school program review and
evaluation undertaken pursuant to subsection (7)(k). The report shall include a detailed account of any
actions taken by the school district during the previous year to comply with substantive guidelines
promulgated by the State Board of Education under subsection (7)(a) through (j).
Page 31

STATUTES
37-7-321. Employment and designation of peace officers; minimum level of basic law
enforcement training required; operation of radio broadcasting and transmission station;
interlocal agreements with other law enforcement entities for provision of certain equipment or
services
(1) The school board of any school district within the State of Mississippi, in its discretion, may employ
one or more persons as security personnel and may designate such persons as peace officers in or on
any property operated for school purposes by such board upon their taking such oath and making such
bond as required of a constable of the county in which the school district is situated.
(4) If a law enforcement officer is duly appointed to be a peace officer by a school district under this
section, the local school board may enter into an interlocal agreement with other law enforcement entities
for the provision of equipment or traffic control duties, however, the duty to enforce traffic regulations and
to enforce the laws of the state or municipality off of school property lies with the local police or sheriff's
department which cannot withhold its services solely because of the lack of such an agreement.
37-13-85. Powers and duties
The Office of Compulsory School Attendance Enforcement shall have the following powers and duties, in
addition to all others imposed or granted by law:
(a) To establish any policies or guidelines concerning the employment of school attendance officers
which serve to effectuate a uniform system of enforcement under the Mississippi Compulsory School
Attendance Law throughout the state, and to designate the number of school attendance officers which
shall be employed to serve in each school district area;
(1) In each school district within the state, there shall be employed the number of school attendance
officers determined by the Office of Compulsory School Attendance Enforcement to be necessary to
adequately enforce the provisions of the Mississippi Compulsory School Attendance Law; however, this
number shall not exceed one hundred fifty-three (153) school attendance officers at any time. From and
after July 1, 1998, all school attendance officers employed pursuant to this section shall be employees of
the State Department of Education. The State Department of Education shall employ all persons
employed as school attendance officers by district attorneys before July 1, 1998, and shall assign them to
school attendance responsibilities in the school district in which they were employed before July 1, 1998.
The first twelve (12) months of employment for each school attendance officer shall be the probationary
period of state service.
(4) It shall be the duty of each school attendance officer to:
(a) Cooperate with any public agency to locate and identify all compulsory-school-age children who are
not attending school;
(b) Cooperate with all courts of competent jurisdiction;
(c) Investigate all cases of nonattendance and unlawful absences by compulsory-school-age children
not enrolled in a nonpublic school;
Page 32
(d) Provide appropriate counseling to encourage all school-age children to attend school until they have
completed high school;
(e) Attempt to secure the provision of social or welfare services that may be required to enable any child
to attend school;
(f) Contact the home or place of residence of a compulsory-school-age child and any other place in
which the officer is likely to find any compulsory-school-age child when the child is absent from school
during school hours without a valid written excuse from school officials, and when the child is found, the
officer shall notify the parents and school officials as to where the child was physically located;
(g) Contact promptly the home of each compulsory-school-age child in the school district within the
officer's jurisdiction who is not enrolled in school or is not in attendance at public school and is without a
valid written excuse from school officials; if no valid reason is found for the nonenrollment or absence
from the school, the school attendance officer shall give written notice to the parent, guardian or
custodian of the requirement for the child's enrollment or attendance;
(h) Collect and maintain information concerning absenteeism, dropouts and other attendance-related
problems, as may be required by law or the Office of Compulsory School Attendance Enforcement; and
(i) Perform all other duties relating to compulsory school attendance established by the State
Department of Education or district school attendance supervisor, or both.
(5) While engaged in the performance of his duties, each school attendance officer shall carry on his
person a badge identifying him as a school attendance officer under the Office of Compulsory School
Attendance Enforcement of the State Department of Education and an identification card designed by the
State Superintendent of Public Education and issued by the school attendance officer supervisor. Neither
the badge nor the identification card shall bear the name of any elected public official.
STATUTES
services
(2) Any person employed by a school board as a security guard or school resource officer or in any other
position that has the powers of a peace officer must receive a minimum level of basic law enforcement
training, as jointly determined and prescribed by the Board on Law Enforcement Officer Standards and
Training and the State Board of Education, within two (2) years of the person's initial employment in such
position. Upon the failure of any person employed in such position to receive the required training within
the designated time, the person may not exercise the powers of a peace officer in or on the property of
37-13-85. Powers and duties
The Office of Compulsory School Attendance Enforcement shall have the following powers and duties, in
addition to all others imposed or granted by law:
(j) To provide for a course of training and education for school attendance officers, and to require
successful completion of the course as a prerequisite to certification by the office as school attendance
officers;
Page 33

(2) (a) The State Department of Education shall obtain current criminal records background checks and
current child abuse registry checks on all persons applying for the position of school attendance officer
after July 2, 2002. The criminal records information and registry checks must be kept on file for any new
hires. In order to determine an applicant's suitability for employment as a school attendance officer, the
applicant must be fingerprinted. If no disqualifying record is identified at the state level, the Department
of Public Safety shall forward the fingerprints to the Federal Bureau of Investigation (FBI) for a national
criminal history record check. The applicant shall pay the fee, not to exceed Fifty Dollars ($ 50.00), for
the fingerprinting and criminal records background check; however, the State Department of Education,
in its discretion, may pay the fee for the fingerprinting and criminal records background check on behalf
of any applicant. Under no circumstances may a member of the State Board of Education, employee of
the State Department of Education or any person other than the subject of the criminal records
background check disseminate information received through any such checks except insofar as
required to fulfill the purposes of this subsection.
(b) If the fingerprinting or criminal records check discloses a felony conviction, guilty plea or plea of nolo
contendere to a felony of possession or sale of drugs, murder, manslaughter, armed robbery, rape,
sexual battery, sex offense listed in Section 45-33-23(g), child abuse, arson, grand larceny, burglary,
gratification of lust or aggravated assault which has not been reversed on appeal or for which a pardon
has not been granted, the applicant is not eligible to be employed as a school attendance officer. Any
employment of an applicant pending the results of the fingerprinting and criminal records check is
voidable if the new hire receives a disqualifying criminal records check. However, the State Board of
Education, in its discretion, may allow an applicant aggrieved by an employment decision under this
subsection to appear before the board, or before a hearing officer designated for that purpose, to show
mitigating circumstances that may exist and allow the new hire to be employed as a school attendance
officer. The State Board of Education may grant waivers for mitigating circumstances, which may
include, but are not necessarily limited to: (i) age at which the crime was committed; (ii) circumstances
surrounding the crime; (iii) length of time since the conviction and criminal history since the conviction;
(iv) work history; (v) current employment and character references; and (vi) other evidence
demonstrating the ability of the person to perform the responsibilities of a school attendance officer
competently and that the person does not pose a threat to the health or safety of children.
(9) The State Department of Education shall provide all continuing education and training courses that
school attendance officers are required to complete under state law or rules and regulations of the
department.
37-13-107. Training and education course for school attendance officers; effect of failure to
receive certificate
(1) Every school attendance officer shall be required annually to attend and complete a comprehensive
course of training and education which is provided or approved by the Office of Compulsory School
Attendance Enforcement of the State Department of Education. Attendance shall be required beginning
with the first training seminar conducted after the school attendance officer is employed as a school
attendance officer.
(2) The Office of Compulsory School Attendance Enforcement shall provide or approve a course of
training and education for school attendance officers of the state. The course shall consist of at least
twelve (12) hours of training per year. The content of the course of training and when and where it is to be
conducted shall be approved by the office. A certificate of completion shall be furnished by the State
Department of Education to those school attendance officers who complete the course. Each certificate
shall be made a permanent record of the school attendance officer supervisor's office where the school
attendance officer is employed.
Page 34
(3) Upon the failure of any person employed as a school attendance officer to receive the certificate of
completion from the State Department of Education within the first year of his employment, the person
shall not be allowed to carry out any of the duties of a school attendance officer and shall not be entitled
to compensation for the period of time during which the certificate has not been obtained.

STATUTES
services
(4) If a law enforcement officer is duly appointed to be a peace officer by a school district under this
section, the local school board may enter into an interlocal agreement with other law enforcement entities
for the provision of equipment or traffic control duties, however, the duty to enforce traffic regulations and
to enforce the laws of the state or municipality off of school property lies with the local police or sheriff's
department which cannot withhold its services solely because of the lack of such an agreement.
Page 35

Page 36
Other/Uncategorized
STATUTES
37-11-57. Immunity of school personnel from liability for carrying out action in enforcing rules
regarding control, discipline, suspension and expulsion of students.
(1) Except in the case of excessive force or cruel and unusual punishment, a teacher, assistant teacher,
principal, or an assistant principal acting within the course and scope of his employment shall not be
liable for any action carried out in conformity with state or federal law or rules or regulations of the State
Board of Education or the local school board regarding the control, discipline, suspension and expulsion
of students. The local school board shall provide any necessary legal defense to a teacher, assistant
teacher, principal, or assistant principal acting within the course and scope of his employment in any
action which may be filed against such school personnel. A school district shall be entitled to
reimbursement for legal fees and expenses from its employee if a court finds that the act of the employee
was outside the course and scope of his employment, or that the employee was acting with criminal
intent. Any action by a school district against its employee and any action by the employee against the
school district for necessary legal fees and expenses shall be tried to the court in the same suit brought
against the school employee.
(2) Corporal punishment administered in a reasonable manner, or any reasonable action to maintain
control and discipline of students taken by a teacher, assistant teacher, principal or assistant principal
acting within the scope of his employment or function and in accordance with any state or federal laws or
rules or regulations of the State Board of Education or the local school board does not constitute
negligence or child abuse. No teacher, assistant teacher, principal or assistant principal so acting shall be
held liable in a suit for civil damages alleged to have been suffered by a student as a result of the
administration of corporal punishment, or the taking of action to maintain control and discipline of a
student, unless the court determines that the teacher, assistant teacher, principal or assistant principal
acted in bad faith or with malicious purpose or in a manner exhibiting a wanton and willful disregard of
human rights or safety. For the purposes of this subsection, "corporal punishment" means the reasonable
use of physical force or physical contact by a teacher, assistant teacher, principal or assistant principal,
as may be necessary to maintain discipline, to enforce a school rule, for self-protection or for the
protection of other students from disruptive students.
99-3-28. Teachers or sworn law enforcement officers charged with committing crime while in the
performance of duties; certain procedural requirements to be met prior to issuance of arrest
warrant.
(1) (a) Except as provided in subsection (2) of this section, before an arrest warrant shall be issued
against any teacher who is a licensed public school employee as defined in Section 37-9-1, a certified
jail officer as defined in Section 45-4-9, a counselor at an adolescent offender program created under
Section 43-27-201 et seq., or a sworn law enforcement officer within this state as defined in Section 456-3 for a criminal act, whether misdemeanor or felony, which is alleged to have occurred while the
teacher, jail officer, counselor at an adolescent offender program or law enforcement officer was in the
performance of official duties, a probable cause hearing shall be held before a circuit court judge. The
purpose of the hearing shall be to determine if adequate probable cause exists for the issuance of a
warrant. All parties testifying in these proceedings shall do so under oath. The accused shall have the
Page 37
right to enter an appearance at the hearing, represented by legal counsel at his own expense, to hear
the accusations and evidence against him; he may present evidence or testify in his own behalf.
(b) The authority receiving any such charge or complaint against a teacher, jail officer, counselor at an
adolescent offender program or law enforcement officer shall immediately present same to the county
prosecuting attorney having jurisdiction who shall immediately present the charge or complaint to a
circuit judge in the judicial district where the action arose for disposition pursuant to this section.
(2) Nothing in this section shall prohibit the issuance of an arrest warrant by a circuit court judge upon
presentation of probable cause, without the holding of a probable cause hearing, if adequate evidence is
presented to satisfy the court that there is a significant risk that the accused will flee the court's jurisdiction
or that the accused poses a threat to the safety or wellbeing of the public.
STATUTES
37-18-5. School improvement plan; assistance team; community-based prekindergarten through
(1) Based on the findings of the evaluation report and the results of the public meeting, the State
Department of Education and the evaluation team leader shall assist the school principal and other local
school officials in the development of a school improvement plan to improve its deficiencies.
(2) The school improvement plan shall be developed and approved by the principal of the School At-Risk,
the superintendent of the local school district, the local school board and a majority of the teachers of the
school, within a time period to be determined by the evaluation team. If the plan is not approved, the
State Board of Education may approve and implement the plan in the school.
(3) The State Department of Education shall provide technical assistance and shall assist in identifying
funding to the School At-Risk in the implementation of the school improvement plan, including the
implementation of any recommended professional development plan, and the department may contract
with the institutions of higher learning to provide such technical assistance. The assistance team shall
collaborate with school and school district employees in the implementation and monitoring of the school
improvement plan and the State Department of Education shall ensure that a report is issued monthly to
the local school board and the local community-based advisory council.
(4) A school district that has been designated as failing as defined by the State Board of Education or a
district with a School At-Risk shall also establish a community-based prekindergarten through higher
education council comprised of a broad spectrum of the community, including economic developers,
elected officials, civic leaders, business leaders, faith-based leaders, social services, nonprofit
organizations, school attendance officers, law enforcement officials, health department officials, day care
providers, librarians, parents and others with the knowledge and resources that can be leveraged to build
strong communities. The State Board of Education shall develop procedures for appointments to the
council, which shall not be appointed solely by the school board. The council will serve as a communityled group that is inclusive, accountable and required to publicly report progress to the community as a
whole.
Page 38

STATUTES
37-18-5. School improvement plan; assistance team; community-based prekindergarten through
(1) Based on the findings of the evaluation report and the results of the public meeting, the State
Department of Education and the evaluation team leader shall assist the school principal and other local
school officials in the development of a school improvement plan to improve its deficiencies.
(2) The school improvement plan shall be developed and approved by the principal of the School At-Risk,
the superintendent of the local school district, the local school board and a majority of the teachers of the
school, within a time period to be determined by the evaluation team. If the plan is not approved, the
State Board of Education may approve and implement the plan in the school.
(3) The State Department of Education shall provide technical assistance and shall assist in identifying
funding to the School At-Risk in the implementation of the school improvement plan, including the
implementation of any recommended professional development plan, and the department may contract
with the institutions of higher learning to provide such technical assistance. The assistance team shall
collaborate with school and school district employees in the implementation and monitoring of the school
improvement plan and the State Department of Education shall ensure that a report is issued monthly to
the local school board and the local community-based advisory council.
(4) A school district that has been designated as failing as defined by the State Board of Education or a
district with a School At-Risk shall also establish a community-based prekindergarten through higher
education council comprised of a broad spectrum of the community, including economic developers,
elected officials, civic leaders, business leaders, faith-based leaders, social services, nonprofit
organizations, school attendance officers, law enforcement officials, health department officials, day care
providers, librarians, parents and others with the knowledge and resources that can be leveraged to build
strong communities. The State Board of Education shall develop procedures for appointments to the
council, which shall not be appointed solely by the school board. The council will serve as a communityled group that is inclusive, accountable and required to publicly report progress to the community as a
whole.
Other/uncategorized
Page 39

School Discipline
resources provided by Mississippi provide additional context to state policy and regulations and, in some
Title
Description
Information and resources from the

Office of Safe and Orderly Schools
http://www.mde.k12.ms.us/safe-andorderly-schools/school-safety
Manual of school safety and relevant

laws
http://www.healthyschoolsms.org/he
althy_school_environment/document
s/SchoolSafetyManual20082.pdf
Website
Mississippi Department
of Education Safe and
Orderly Schools
Documents
Mississippi School
Safety Manual
Other Resources
found
Page 40
Missouri
Discipline Laws and
Regulations
Introduction
document.
Notes & Disclaimers

Prepared by:
Child Trends
Suite 1200W
Suite 110
Table of Contents
Missouri State Codes Cited........................................................................................................................ 1
Scope ........................................................................................................................................................ 5
Other weapons ........................................................................................................................................ 16
Substance use......................................................................................................................................... 18
Prevention ............................................................................................................................................... 20
Missouri State Codes Cited

Missouri Revised Statutes
Title XI. Education and Libraries
Chapter 160. Schools General Provisions
160.069.
160.261.
160.263.
160.660.
160.775.
Policy on consequences of possession or drinking alcohol at school or during

extracurricular activities
Discipline, written policy established by local boards of education--contents--reporting
requirements--additional restrictions for certain suspensions--weapons offense,
mandatory suspension or expulsion--no civil liability for authorized personnel--spanking
not child abuse, when--investigation procedure--officials falsifying reports, penalty
Confinement of a student prohibited, when--policy on restrictive behavioral interventions
required--model policy to be developed
School safety provisions--rules
Antibullying policy required--definition--requirements
Chapter 161. State Department of Elementary and Secondary Education

161.203.
161.209.
161.210.
161.650.
Videotape to be produced on prison conditions and the young offender--rules for

distribution to all districts--viewing required for all students and status offenders,
exceptions
Rules and policies, department has affirmative duty to seek comment on--review of
existing rules and policies, procedure--no penalty for failure to meet resource standards,
when
State board may modify or waive rules, when
Department to identify and adopt violence prevention program, district to administer-state board to adopt violence prevention program--duties--administered how--funding
Chapter 167. Pupils and Special Services

167.022.
167.023.
167.026.
167.034.
167.071.
167.091.
167.111.
167.115.
167.117.
167.122.
Request for records, placed pupils

Affidavit of expulsion for certain offenses required for student admission--false
statements, penalty
Expungement of disciplinary records, exception
Absences in St. Louis City reported to division of family services, children's division,
when, notification requirements--duties of children's division
School attendance officers in seven-director districts, powers and duties--powers of
police officers in certain areas
Truant or parental schools, establishment--attendance may be compelled--neglected
children, attendance--support payments
Officials to enforce compulsory attendance law
Juvenile officer or other law enforcement authority to report to superintendent, when,
how--superintendent to report certain acts, to whom--notice of suspension or expulsion to
court--superintendent to consult
Principal, teachers, school employees to report certain acts, to whom, exceptions--limit
on liability--penalty
Placed pupils, notification of district, distribution of information
Missouri Compilation of School Discipline Laws and Regulations
Page 1
167.161.
167.164.
167.166.
167.171.
167.280.
167.335.
Suspension or expulsion of pupil--notice--hearing--felony violation, grounds for

suspension
Suspension or expulsion not to relieve duty to educate--district to pay costs of alternative
education--voucher--district may contract for alternative education services
Prohibition on strip searches, exceptions--strip search defined--violation, penalty-prohibition on removal of certain items not deemed disruptive
Summary suspension of pupil--appeal--grounds for suspension--procedure--conference
required, when--statewide suspension, when
Support services for students at high risk--application, elements--priority applications,
elements--use of funds--allowable costs
Alternative education grants--qualifications--joint applications
Chapter 171. School Operations

171.011.
171.141.
School board may adopt rules and regulations

Fraternities and sororities may be barred--enforcement
Title XXXVIII. Crimes and Punishment; Peace Officers and Public Defenders
Chapter 563. Defense of Justification
563.061.
Use of force by persons with responsibility for care, discipline or safety of others
Missouri Administrative Code

Page 2
General Provisions
STATUTES
160.069 R.S.Mo. Policy on consequences of possession or drinking alcohol at school or during
Every school district shall develop a policy by June 30, 2006, detailing the consequences that will result
for a student at school if the student is found to be in possession or drinking alcohol either on school
property or while representing the school at extracurricular activities.
160.261 R.S.Mo. Discipline, written policy established by local boards of education--contents-reporting requirements--additional restrictions for certain suspensions--weapons offense,
mandatory suspension or expulsion--no civil liability for authorized personnel--spanking not child
abuse, when--investigation procedure--officials falsifying reports, penalty
1. The local board of education of each school district shall clearly establish a written policy of discipline,
including the district's determination on the use of corporal punishment and the procedures in which
punishment will be applied. A written copy of the district's discipline policy and corporal punishment
procedures, if applicable, shall be provided to the pupil and parent or legal guardian of every pupil
enrolled in the district at the beginning of each school year and also made available in the office of the
superintendent of such district, during normal business hours, for public inspection. All employees of the
district shall annually receive instruction related to the specific contents of the policy of discipline and any
interpretations necessary to implement the provisions of the policy in the course of their duties, including
but not limited to approved methods of dealing with acts of school violence, disciplining students with
disabilities and instruction in the necessity and requirements for confidentiality.
2. The policy shall also contain the consequences of failure to obey standards of conduct set by the local
board of education, and the importance of the standards to the maintenance of an atmosphere where
orderly learning is possible and encouraged.
9. Each school board shall define in its discipline policy acts of violence and any other acts that constitute
a serious violation of that policy. "Acts of violence" as defined by school boards shall include but not be
limited to exertion of physical force by a student with the intent to do serious bodily harm to another
person while on school property, including a school bus in service on behalf of the district, or while
involved in school activities. School districts shall for each student enrolled in the school district compile
and maintain records of any serious violation of the district's discipline policy. Such records shall be made
available to teachers and other school district employees with a need to know while acting within the
scope of their assigned duties, and shall be provided as required in section 167.020 to any school district
in which the student subsequently attempts to enroll.
160.263 R.S.Mo. Confinement of a student prohibited, when--policy on restrictive behavioral
interventions required--model policy to be developed
2. By July 1, 2011, the local board of education of each school district shall adopt a written policy that
comprehensively addresses the use of restrictive behavioral interventions as a form of discipline or
behavior management technique. The policy shall be consistent with professionally accepted practices
and standards of student discipline, behavior management, health and safety, including the safe schools
act. The policy shall include but not be limited to:
Page 3
(1) Definitions of restraint, seclusion, and time-out and any other terminology necessary to describe the
continuum of restrictive behavioral interventions available for use or prohibited in the district;
(2) Description of circumstances under which a restrictive behavioral intervention is allowed and
prohibited and any unique application requirements for specific groups of students such as differences
based on age, disability, or environment in which the educational services are provided;
(3) Specific implementation requirements associated with a restrictive behavioral intervention such as
time limits, facility specifications, training requirements or supervision requirements; and
(4) Documentation, notice and permission requirements associated with use of a restrictive behavioral
intervention.
160.660 R.S.Mo. School safety provisionsrules
1. On or before July 1, 2001, the state board of education shall add to any school facilities and safety
criteria developed for the Missouri school improvement program provisions that require:
(1) Each school district's designated safety coordinator to have a thorough knowledge of all federal,
state and local school violence prevention programs and resources available to students, teachers or
staff in the district; and
(2) Each school district to fully utilize all such programs and resources that the local school board or its
designee determines are necessary and cost-effective for the school district.
160.775 R.S.Mo. Antibullying policy required--definitionrequirements
1. Every district shall adopt an antibullying policy by September 1, 2007.
161.209 R.S.Mo. (2013) Rules and policies, department has affirmative duty to seek comment
on--review of existing rules and policies, procedure--no penalty for failure to meet resource
standards, when
1. The department of elementary and secondary education has an affirmative duty to seek comment on
its rules, regulations, and policies after their final approval or implementation. The department shall
undertake such review on existing rules, regulations, and policies on an ad hoc, periodic basis with a
priority given to such rules, regulations, and policies that could successfully be revised without affecting
student achievement to accommodate periods when there is no increase in the appropriation for basic
state aid funding pursuant to section 163.031 from one fiscal year to the next or when withholdings of
appropriated funds result in a situation equivalent to no increase in such appropriation.
161.210 R.S.Mo. (2013) State board may modify or waive rules, when
State board may modify or waive rules, when
1. Notwithstanding any provision of law to the contrary, the state board of education is hereby granted
authority to waive or modify any administrative rule adopted by the state board or policy implemented by
the department of elementary and secondary education. School districts may submit applications for a
waiver or modification authorized pursuant to this section. Each application shall include a written request
by the school district or school districts and shall demonstrate that the intent of the rule or policy can be
addressed in a more effective, efficient or economical manner or that the waiver or modification is
necessary to implement a specific plan for improved student performance and school improvement. Prior
to an application for waiver, the school district shall hold a public hearing regarding such waiver.
2. The state board of education may grant waivers or modifications for a school district or school districts
that successfully demonstrate the ability to address the intent of the rule or policy in a more effective,
efficient or economical manner or when the waivers or modifications are demonstrated to be necessary to
stimulate innovation or improve student performance, provided that the waiver or modification is based
Page 4
upon sound educational practices, does not endanger the health and safety of students or staff, and does
not compromise equal opportunity for learning. Approved waivers or modifications shall remain in effect
for a period not to exceed three school years and may be renewed by the state board of education upon
application by the school district or school districts.
171.011 R.S.Mo. School board may adopt rules and regulations
The school board of each school district in the state may make all needful rules and regulations for the
organization, grading and government in the school district. The rules shall take effect when a copy of the
rules, duly signed by order of the board, is deposited with the district clerk. The district clerk shall transmit
forthwith a copy of the rules to the teachers employed in the schools. The rules may be amended or
repealed in like manner.
Scope
STATUTES
2. [] As used in this section, the phrase "act of school violence" or "violent behavior" means the exertion
of physical force by a student with the intent to do serious physical injury as defined in subdivision (6) of
section 565.002 to another person while on school property, including a school bus in service on behalf of
the district, or while involved in school activities.
7. All school district personnel responsible for the care and supervision of students are authorized to hold
every pupil strictly accountable for any disorderly conduct in school or on any property of the school, on
any school bus going to or returning from school, during school-sponsored activities, or during
intermission or recess periods.
9. Each school board shall define in its discipline policy acts of violence and any other acts that constitute
a serious violation of that policy. "Acts of violence" as defined by school boards shall include but not be
limited to exertion of physical force by a student with the intent to do serious bodily harm to another
person while on school property, including a school bus in service on behalf of the district, or while
involved in school activities. []
STATUTES
1. [] A written copy of the district's discipline policy and corporal punishment procedures, if applicable,
shall be provided to the pupil and parent or legal guardian of every pupil enrolled in the district at the
beginning of each school year and also made available in the office of the superintendent of such district,
during normal business hours, for public inspection. All employees of the district shall annually receive
instruction related to the specific contents of the policy of discipline and any interpretations necessary to
implement the provisions of the policy in the course of their duties, including but not limited to approved
Page 5
methods of dealing with acts of school violence, disciplining students with disabilities and instruction in
the necessity and requirements for confidentiality.
Page 6

STATUTES
167.164 R.S.Mo. (2013) Suspension or expulsion not to relieve duty to educate--district to pay
costs of alternative education--voucher--district may contract for alternative education services
1. Any suspension issued pursuant to section 167.161, or this section, or expulsion pursuant to section
167.161, shall not relieve the state or the suspended student's parents or guardians of their
responsibilities to educate the student. School districts are encouraged to provide an in-school
suspension system and to search for other acceptable discipline alternatives prior to using suspensions of
more than ten days or expelling a student from the school.

STATUTES
1. The local board of education of each school district shall clearly establish a written policy of discipline,
including the district's determination on the use of corporal punishment and the procedures in which
punishment will be applied. A written copy of the district's discipline policy and corporal punishment
procedures, if applicable, shall be provided to the pupil and parent or legal guardian of every pupil
enrolled in the district at the beginning of each school year and also made available in the office of the
superintendent of such district, during normal business hours, for public inspection. All employees of the
district shall annually receive instruction related to the specific contents of the policy of discipline and any
interpretations necessary to implement the provisions of the policy in the course of their duties, including
but not limited to approved methods of dealing with acts of school violence, disciplining students with
disabilities and instruction in the necessity and requirements for confidentiality.
10. Spanking, when administered by certificated personnel and in the presence of a witness who is an
employee of the school district, or the use of reasonable force to protect persons or property, when
administered by personnel of a school district in a reasonable manner in accordance with the local board
of education's written policy of discipline, is not abuse within the meaning of chapter 210. The provisions
of sections 210.110 to 210.165 notwithstanding, the children's division shall not have jurisdiction over or
investigate any report of alleged child abuse arising out of or related to the use of reasonable force to
protect persons or property when administered by personnel of a school district or any spanking
administered in a reasonable manner by any certificated school personnel in the presence of a witness
Page 7
who is an employee of the school district pursuant to a written policy of discipline established by the
board of education of the school district, as long as no allegation of sexual misconduct arises from the
spanking or use of force.
563.061 R.S.Mo. Use of force by persons with responsibility for care, discipline or safety of
others
The use of physical force by an actor upon another person is justifiable when the actor is a parent,
guardian or other person entrusted with the care and supervision of a minor or an incompetent person or
when the actor is a teacher or other person entrusted with the care and supervision of a minor for a
special purpose; and
(1) The actor reasonably believes that the force used is necessary to promote the welfare of a minor or
incompetent person, or, if the actor's responsibility for the minor is for special purposes, to further that
special purpose or to maintain reasonable discipline in a school, class or other group; and
(2) The force used is not designed to cause or believed to create a substantial risk of causing death,
serious physical injury, disfigurement, extreme pain or extreme emotional distress.

STATUTES
167.166 R.S.Mo. Prohibition on strip searches, exceptions--strip search defined--violation,
penalty--prohibition on removal of certain items not deemed disruptive
1. Except as provided in subsections 2 and 3 of this section, no employee of or volunteer at any public
school or charter school within this state shall perform a strip search, as that term is defined in section
544.193, of any student of any such school. However, strip searches may be conducted by, or under the
authority of, a commissioned law enforcement officer.
2. A student may be strip searched by a school employee only if a commissioned law enforcement officer
is not immediately available and if the school employee reasonably believes that a student possesses a
weapon, explosive, or substance that poses an imminent threat of physical harm to himself or herself or
another person.
3. For the purposes of this section, the term "strip search" shall not include the removal of clothing in
order to investigate the potential abuse or neglect of a student; give medical attention to a student;
provide health services to a student; or screen a student for medical conditions.
4. If a student is strip searched by an employee of a school or a commissioned law enforcement officer,
the district will attempt to notify the student's parent or guardian as soon as possible.

Page 8

STATUTES
167.161 R.S.Mo. Suspension or expulsion of pupil--notice--hearing--felony violation, grounds for
suspension
1. The school board of any district, after notice to parents or others having custodial care and a hearing
upon charges preferred, may suspend or expel a pupil for conduct which is prejudicial to good order and
discipline in the schools or which tends to impair the morale or good conduct of the pupils. In addition to
the authority granted in section 167.171, a school board may authorize, by general rule, the immediate
removal of a pupil upon a finding by the principal, superintendent, or school board that the pupil poses a
threat of harm to such pupil or others, as evidenced by the prior conduct of such pupil. []
upon the matter, may suspend a pupil upon a finding that the pupil has been charged, convicted or pled
guilty in a court of general jurisdiction for the commission of a felony criminal violation of state or federal
law. At a hearing required by this subsection, the board shall consider statements that the parties present.
The board may provide for the procedure and conduct of such hearings.
171.141 R.S.Mo. Fraternities and sororities may be barredenforcement
3. Upon the adoption of the rule authorized by subsection 2, the school board may suspend, discipline
and expel from the schools under its control, any pupil who remains a member of, who joins or promises
to join, or who becomes pledged to become a member, or who solicits any other person to join, promise
to join or be pledged or to become a member of a school fraternity or sorority. Upon direction of the
board, by rule or otherwise, the superintendent of schools may suspend and discipline any person who
violates the rule authorized by subsection 2 until the time that the matter is considered by the board.
For definitions see 171.141 R.S.Mo. (2013) (1).

STATUTES
5. The policy shall provide for a suspension for a period of not less than one year, or expulsion, for a
student who is determined to have brought a weapon to school, including but not limited to the school
playground or the school parking lot, brought a weapon on a school bus or brought a weapon to a school
activity whether on or off of the school property in violation of district policy, except that:
(1) The superintendent or, in a school district with no high school, the principal of the school which such
child attends may modify such suspension on a case-by-case basis; and
(2) This section shall not prevent the school district from providing educational services in an alternative
setting to a student suspended under the provisions of this section.
Page 9

STATUTES
167.171 R.S.Mo. Summary suspension of pupil--appeal--grounds for suspension--procedure-conference required, when--statewide suspension, when
1. The school board in any district, by general rule and for the causes provided in section 167.161, may
authorize the summary suspension of pupils by principals of schools for a period not to exceed ten school
days and by the superintendent of schools for a period not to exceed one hundred and eighty school
days.

STATUTES
3. The policy shall provide that any student who is on suspension for any of the offenses listed in
subsection 2 of this section or any act of violence or drug-related activity defined by school district policy
as a serious violation of school discipline pursuant to subsection 9 of this section shall have as a
condition of his or her suspension the requirement that such student is not allowed, while on such
suspension, to be within one thousand feet of any school property in the school district where such
student attended school or any activity of that district, regardless of whether or not the activity takes place
on district property unless:
(1) Such student is under the direct supervision of the student's parent, legal guardian, or custodian and
the superintendent or the superintendent's designee has authorized the student to be on school
property;
(2) Such student is under the direct supervision of another adult designated by the student's parent,
legal guardian, or custodian, in advance, in writing, to the principal of the school which suspended the
student and the superintendent or the superintendent's designee has authorized the student to be on
school property;
Page 10
(3) Such student is enrolled in and attending an alternative school that is located within one thousand
feet of a public school in the school district where such student attended school; or
(4) Such student resides within one thousand feet of any public school in the school district where such
student attended school in which case such student may be on the property of his or her residence
without direct adult supervision.
4. Any student who violates the condition of suspension required pursuant to subsection 3 of this section
may be subject to expulsion or further suspension pursuant to the provisions of sections 167.161,
167.164, and 167.171. In making this determination consideration shall be given to whether the student
poses a threat to the safety of any child or school employee and whether such student's unsupervised
presence within one thousand feet of the school is disruptive to the educational process or undermines
the effectiveness of the school's disciplinary policy. Removal of any pupil who is a student with a disability
is subject to state and federal procedural rights. This section shall not limit a school district's ability to:
(1) Prohibit all students who are suspended from being on school property or attending an activity while
on suspension;
(2) Discipline students for off-campus conduct that negatively affects the educational environment to the
extent allowed by law.
167.023 R.S.Mo. Affidavit of expulsion for certain offenses required for student admission--false
statements, penalty
Prior to admission to any public school, a school board may require the parent, guardian, or other person
having control or charge of a child of school age to provide, upon enrollment, a sworn statement or
affirmation indicating whether the student has been expelled from school attendance at any school, public
or private, in this state or in any other state for an offense in violation of school board policies relating to
weapons, alcohol or drugs, or for the willful infliction of injury to another person. Any person making a
materially false statement or affirmation shall be guilty upon conviction of a class B misdemeanor. The
registration document shall be maintained as a part of the student's scholastic record.
167.161 R.S.Mo. Suspension or expulsion of pupil--notice--hearing--felony violation, grounds for
suspension
upon charges preferred, may suspend or expel a pupil for conduct which is prejudicial to good order and
discipline in the schools or which tends to impair the morale or good conduct of the pupils. In addition to
the authority granted in section 167.171, a school board may authorize, by general rule, the immediate
removal of a pupil upon a finding by the principal, superintendent, or school board that the pupil poses a
threat of harm to such pupil or others, as evidenced by the prior conduct of such pupil. Prior disciplinary
actions shall not be used as the sole basis for removal, suspension or expulsion of a pupil. Removal of
any pupil who is a student with a disability is subject to state and federal procedural rights. At the hearing
upon any such removal, suspension or expulsion, the board shall consider the evidence and statements
that the parties present and may consider records of past disciplinary actions, criminal court records or
Page 11
juvenile court records consistent with other provisions of the law, or the actions of the pupil which would
constitute a criminal offense. The board may provide by general rule not inconsistent with this section for
the procedure and conduct of such hearings. After meeting with the superintendent or his designee to
discuss the expulsion, the parent, custodian or the student, if at least eighteen years of age, may, in
writing, waive any right to a hearing before the board of education.
3. The school board shall make a good-faith effort to have the parents or others having custodial care
present at any such hearing. Notwithstanding any other provision of law to the contrary, student discipline
hearings or proceedings related to the rights of students to attend school or to receive academic credit
shall not be required to comply with the requirements applicable to contested case hearings as provided
in chapter 536, provided that appropriate due process procedures shall be observed which shall include
the right for a trial de novo by the circuit court.
4. If a pupil is attempting to enroll in a school district during a suspension or expulsion from another instate or out-of-state school district including a private, charter or parochial school or school district, a
conference with the superintendent or the superintendent's designee may be held at the request of the
parent, court-appointed legal guardian, someone acting as a parent as defined by rule in the case of a
special education student, or the pupil to consider if the conduct of the pupil would have resulted in a
suspension or expulsion in the district in which the pupil is enrolling. Upon a determination by the
superintendent or the superintendent's designee that such conduct would have resulted in a suspension
or expulsion in the district in which the pupil is enrolling or attempting to enroll, the school district may
make such suspension or expulsion from another school or district effective in the district in which the
pupil is enrolling or attempting to enroll. Upon a determination by the superintendent or the
superintendent's designee that such conduct would not have resulted in a suspension or expulsion in the
district in which the student is enrolling or attempting to enroll, the school district shall not make such
suspension or expulsion effective in its district in which the student is enrolling or attempting to enroll.
1. In case of a suspension by the superintendent for more than ten school days, the pupil, the pupil's
parents or others having such pupil's custodial care may appeal the decision of the superintendent to the
board or to a committee of board members appointed by the president of the board which shall have full
authority to act in lieu of the board. Any suspension by a principal shall be immediately reported to the
superintendent who may revoke the suspension at any time. In event of an appeal to the board, the
superintendent shall promptly transmit to it a full report in writing of the facts relating to the suspension,
the action taken by the superintendent and the reasons therefor and the board, upon request, shall grant
a hearing to the appealing party to be conducted as provided in section 167.161.
2. No pupil shall be suspended unless:
(1) The pupil shall be given oral or written notice of the charges against such pupil;
(2) If the pupil denies the charges, such pupil shall be given an oral or written explanation of the facts
which form the basis of the proposed suspension;
(3) The pupil shall be given an opportunity to present such pupil's version of the incident; and
(4) In the event of a suspension for more than ten school days, where the pupil gives notice that such
pupil wishes to appeal the suspension to the board, the suspension shall be stayed until the board
renders its decision, unless in the judgment of the superintendent of schools, or of the district
superintendent, the pupil's presence poses a continuing danger to persons or property or an ongoing
threat of disrupting the academic process, in which case the pupil may be immediately removed from
school, and the notice and hearing shall follow as soon as practicable.
Page 12

STATUTES
3. No school board shall readmit or enroll a pupil properly suspended for more than ten consecutive
school days for an act of school violence as defined in subsection 2 of section 160.261 regardless of
whether or not such act was committed at a public school or at a private school in this state, provided that
such act shall have resulted in the suspension or expulsion of such pupil in the case of a private school,
or otherwise permit such pupil to attend school without first holding a conference to review the conduct
that resulted in the expulsion or suspension and any remedial actions needed to prevent any future
occurrences of such or related conduct. The conference shall include the appropriate school officials
including any teacher employed in that school or district directly involved with the conduct that resulted in
the suspension or expulsion, the pupil, the parent or guardian of the pupil or any agency having legal
jurisdiction, care, custody or control of the pupil. The school board shall notify in writing the parents or
guardians and all other parties of the time, place, and agenda of any such conference. Failure of any
party to attend this conference shall not preclude holding the conference. Notwithstanding any provision
of this subsection to the contrary, no pupil shall be readmitted or enrolled to a regular program of
instruction if:
(1) Such pupil has been convicted of; or
(2) An indictment or information has been filed alleging that the pupil has committed one of the acts
enumerated in subdivision (4) of this subsection to which there has been no final judgment; or
(3) A petition has been filed pursuant to section 211.091 alleging that the pupil has committed one of
the acts enumerated in subdivision (4) of this subsection to which there has been no final judgment; or
(4) The pupil has been adjudicated to have committed an act which if committed by an adult would be
one of the following:
(a) First degree murder under section 565.020;
(b) Second degree murder under section 565.021;
(c) First degree assault under section 565.050;
(d) Forcible rape under section 566.030;
(e) Forcible sodomy under section 566.060;
(f) Statutory rape under section 566.032;
(g) Statutory sodomy under section 566.062;
(h) Robbery in the first degree under section 569.020;
(i) Distribution of drugs to a minor under section 195.212;
(j) Arson in the first degree under section 569.040;
(k) Kidnapping, when classified as a class A felony under section 565.110.
Nothing in this subsection shall prohibit the readmittance or enrollment of any pupil if a petition has been
dismissed, or when a pupil has been acquitted or adjudicated not to have committed any of the above
acts. This subsection shall not apply to a student with a disability, as identified under state eligibility
Page 13
criteria, who is convicted or adjudicated guilty as a result of an action related to the student's disability.
Nothing in this subsection shall be construed to prohibit a school district which provides an alternative
education program from enrolling a pupil in an alternative education program if the district determines
such enrollment is appropriate.

STATUTES
1. The school discipline policy under section 160.261 shall prohibit confining a student in an unattended,
locked space except for an emergency situation while awaiting the arrival of law enforcement personnel.
2. By July 1, 2011, the local board of education of each school district shall adopt a written policy that
comprehensively addresses the use of restrictive behavioral interventions as a form of discipline or
behavior management technique. The policy shall be consistent with professionally accepted practices
and standards of student discipline, behavior management, health and safety, including the safe schools
act. The policy shall include but not be limited to:
(1) Definitions of restraint, seclusion, and time-out and any other terminology necessary to describe the
continuum of restrictive behavioral interventions available for use or prohibited in the district;
(2) Description of circumstances under which a restrictive behavioral intervention is allowed and
prohibited and any unique application requirements for specific groups of students such as differences
based on age, disability, or environment in which the educational services are provided;
(3) Specific implementation requirements associated with a restrictive behavioral intervention such as
time limits, facility specifications, training requirements or supervision requirements; and
(4) Documentation, notice and permission requirements associated with use of a restrictive behavioral
intervention.
3. The department of elementary and secondary education shall, in cooperation with appropriate
associations, organizations, agencies and individuals with specialized expertise in behavior management,
develop a model policy that satisfies the requirements of subsection 2 of this section by July 1, 2010.
STATUTES
167.164 R.S.Mo. Suspension or expulsion not to relieve duty to educate--district to pay costs of
alternative education--voucher--district may contract for alternative education services
1. Each school district or special school district constituting the domicile of any child for whom alternative
education programs are provided or procured under this section shall pay toward the per pupil costs for
alternative education programs for such child. A school district which is not a special school district shall
pay an amount equal to the average sum produced per child by the local tax effort of the district of
domicile. A special school district shall pay an amount not to exceed the average sum produced per child
by the local tax efforts of the domiciliary districts. When educational services have been provided by the
school district or special school district in which a child actually resides, other than the district of domicile,
the amounts as provided in subsection 2 of this section* for which the domiciliary school district or special
school district is responsible shall be paid by such district directly to the serving district. The school
district, or special school district, as the case may be, shall send a written voucher for payment to the
Page 14
regular or special district constituting the domicile of the child served and the domiciliary school district or
special school district receiving such voucher shall pay the district providing or procuring the services an
amount not to exceed the average sum produced per child by the local tax efforts of the domiciliary
districts. In the event the responsible district fails to pay the appropriate amount to the district within
ninety days after a voucher is submitted, the state department of elementary and secondary education
shall deduct the appropriate amount due from the next payments of any state financial aid due that district
and shall pay the same to the appropriate district.
2. A school district may contract with other political subdivisions, public agencies, not-for-profit
organizations, or private agencies for the provision of alternative education services for students whose
demonstrated disruptive behavior indicates that they cannot be adequately served in the traditional
classroom setting. Such contracting may be included as part of a grant application pursuant to section
167.335 or conducted independent of the provisions of section 167.335.
167.091 R.S.Mo. Truant or parental schools, establishment--attendance may be compelled-neglected children, attendance--support payments
1. The school board of any district which has ten thousand inhabitants or more, may establish and
maintain from the public school funds one or more special truant or parental day schools in the city or
district for children who are either habitual truants from any school in which they are enrolled as pupils, or
who, while in attendance at any school are incorrigible, vicious or immoral, or who habitually wander or
loiter about the streets or roads or other public places without lawful employment, or who, in the opinion
of the board or of its superintendent of instruction, require special attention and instruction. The school
board, through its officers, may assign, require and compel all such children to attend the special truant or
parental school or any department of the graded schools that the board directs.
2. The board may also establish and maintain from the public school funds, either within or without its
district, a parental school for the care and education of any child resident of the school district and
committed to it by a juvenile court under the provisions of section 211.181. For every child committed to
the school there shall be paid to the board of education out of the treasury of the city or county the sum of
ten dollars per month for the support, maintenance, clothing and other expenses of the child from the time
of its entrance into the school until its discharge therefrom.
Page 15

Conditions
STATUTES
6. For the purpose of this section, the term "weapon" shall mean a firearm as defined under 18 U.S.C.
921 and the following items, as defined in section 571.010: a blackjack, a concealable firearm, an
explosive weapon, a firearm, a firearm silencer, a gas gun, a knife, knuckles, a machine gun, a projectile
weapon, a rifle, a shotgun, a spring gun or a switchblade knife; except that this section shall not be
construed to prohibit a school board from adopting a policy to allow a Civil War reenactor to carry a Civil
War era weapon on school property for educational purposes so long as the firearm is unloaded. The
local board of education shall define weapon in the discipline policy. Such definition shall include the
weapons defined in this subsection but may also include other weapons.
Other weapons
STATUTES
Page 16
6. For the purpose of this section, the term "weapon" shall mean a firearm as defined under 18 U.S.C.
921 and the following items, as defined in section 571.010: a blackjack, a concealable firearm, an
explosive weapon, a firearm, a firearm silencer, a gas gun, a knife, knuckles, a machine gun, a projectile
weapon, a rifle, a shotgun, a spring gun or a switchblade knife; except that this section shall not be
construed to prohibit a school board from adopting a policy to allow a Civil War reenactor to carry a Civil
War era weapon on school property for educational purposes so long as the firearm is unloaded. The
local board of education shall define weapon in the discipline policy. Such definition shall include the
weapons defined in this subsection but may also include other weapons.


STATUTES
167.111 R.S.Mo. Officials to enforce compulsory attendance law
The state commissioner of education, superintendents of schools, school boards, county superintendents
of public welfare, and every school attendance and probation officer shall enforce all laws relating to
compulsory school attendance.
167.091 R.S.Mo. Truant or parental schools, establishment--attendance may be compelled-neglected children, attendance--support payments
1. The school board of any district which has ten thousand inhabitants or more, may establish and
maintain from the public school funds one or more special truant or parental day schools in the city or
district for children who are either habitual truants from any school in which they are enrolled as pupils, or
who, while in attendance at any school are incorrigible, vicious or immoral, or who habitually wander or
loiter about the streets or roads or other public places without lawful employment, or who, in the opinion
of the board or of its superintendent of instruction, require special attention and instruction. The school
board, through its officers, may assign, require and compel all such children to attend the special truant or
parental school or any department of the graded schools that the board directs.
2. The board may also establish and maintain from the public school funds, either within or without its
district, a parental school for the care and education of any child resident of the school district and
committed to it by a juvenile court under the provisions of section 211.181. For every child committed to
the school there shall be paid to the board of education out of the treasury of the city or county the sum of
ten dollars per month for the support, maintenance, clothing and other expenses of the child from the time
of its entrance into the school until its discharge therefrom.
167.071 R.S.Mo. School attendance officers in seven-director districts, powers and duties-powers of police officers in certain areas
1. In school districts having seven or more directors the school board may appoint and remove at
pleasure one or more school attendance officers and shall pay them from the public school funds.
2. Each attendance officer has the powers of a deputy sheriff in the performance of his duties. He shall
investigate the claims of children for exemptions under section 167.031, and report his findings to the
person authorized by that section to grant the exemption sought. He shall refer all cases involving an
alleged violation of section 167.031 involving a public school to the superintendent of the public school of
the district where the child legally resides and all cases involving an alleged violation of section 167.031
involving a private, parochial, parish or home school to the prosecuting attorney of the county wherein the
Page 17
child legally resides. When reasonable doubt exists as to the age of any such child he may require a
properly attested birth certificate or an affidavit stating the child's age, date of birth, physical
characteristics and bearing the signature of the child. He may visit and enter any mine, office, factory,
workshop, business house, place of amusement, or other place in which children are employed or
engaged in any kind of service, or any place or building in which children loiter or idle during school
hours; may require a properly attested certificate of the attendance of any child at school; may arrest,
without warrant, any truant, or nonattendants or other juvenile disorderly persons, and place them in
some school or take them to their homes, or take them to any place of detention provided for neglected
children in the county or school district. He shall serve in the cases which he prosecutes without
additional fee or compensation. Each attendance officer appointed by a school board shall carry into
effect the regulations lawfully prescribed by the board by which he was appointed.
167.034 R.S.Mo. Absences in St. Louis City reported to division of family services, children's
division, when, notification requirements--duties of children's division
1. In any city not within a county where a child under the age of seventeen required to attend school
under section 167.031 accumulates fifteen or more absences during any one school year, the child's
school district shall report such absences to the division of family services, children's division, within ten
business days of the fifteenth day of absence. Such notification, which shall be in written form and
retained in the student's school records, shall include:
(1) The student's full name and parents' or guardians' full names;
(2) The addresses and phone numbers of the student and parents or guardians;
(3) The student's date of birth and age;
(4) The student's current school and grade level;
(5) The student's current grades for all classes in which the student is enrolled; and
(6) The total number of days missed and specific days missed from school.
2. Upon receipt of a report of the absences of a child under this section, the children's division shall notify
the child's parent or guardian that the child has accumulated fifteen or more absences and such report
may be subject to the educational neglect provisions under section 210.145. The notification required
under this section is required regardless of whether a student's parent or guardian contacted the school
and approved of the absences.
Substance use
STATUTES
160.069 R.S.Mo. Policy on consequences of possession or drinking alcohol at school or during
Every school district shall develop a policy by June 30, 2006, detailing the consequences that will result
for a student at school if the student is found to be in possession or drinking alcohol either on school
property or while representing the school at extracurricular activities.

STATUTES
160.775 R.S.Mo. Antibullying policy required--definitionrequirements
1. Every district shall adopt an antibullying policy by September 1, 2007.
Page 18
2. "Bullying" means intimidation or harassment that causes a reasonable student to fear for his or her
physical safety or property. Bullying may consist of physical actions, including gestures, or oral,
cyberbullying, electronic, or written communication, and any threat of retaliation for reporting of such acts.
3. Each district's antibullying policy shall be founded on the assumption that all students need a safe
learning environment. Policies shall treat students equally and shall not contain specific lists of protected
classes of students who are to receive special treatment. Policies may include age-appropriate
differences for schools based on the grade levels at the school. Each such policy shall contain a
statement of the consequences of bullying.
4. Each district's antibullying policy shall require district employees to report any instance of bullying of
which the employee has firsthand knowledge. The district policy shall address training of employees in
the requirements of the district policy.

Page 19

Prevention
STATUTES
161.203 R.S.Mo. Videotape to be produced on prison conditions and the young offender--rules
for distribution to all districts--viewing required for all students and status offenders, exceptions
1. The department of corrections, in cooperation with the department of elementary and secondary
education, shall prepare a film or videotape which relates to Missouri prisons and which specifically
addresses prison conditions, young offenders and the liberties that are lost as a result of imprisonment.
Funding for the film may be made from appropriations requested by the department of elementary and
secondary education and approved by the Missouri general assembly from funding received from federal
or private grants or donations received from private individuals or groups. No funding shall come from
general revenue.
2. The department of elementary and secondary education shall promulgate rules and regulations to
provide for the viewing of the film, prepared pursuant to subsection 1 of this section. Such rules and
regulations shall attempt to make available such video or film to all districts requesting it, and require
viewing by all status offenders or students convicted of misdemeanors, excluding traffic violations.
161.650 R.S.Mo. Department to identify and adopt violence prevention program, district to
administer--state board to adopt violence prevention program--duties--administered howfunding
1. The department of elementary and secondary education shall identify and adopt an existing program or
programs of educational instruction regarding violence prevention to be administered by public school
districts pursuant to subsection 2 of this section, and which shall include, but shall not be limited to,
instructing students of the negative consequences, both to the individual and to society at large, of
membership in or association with criminal street gangs or participation in criminal street gang activity, as
those phrases are defined in section 578.421, and shall include related training for school district
employees directly responsible for the education of students concerning violence prevention and early
identification of and intervention in violent behavior. The state board of education shall adopt such
program or programs by rule as approved for use in Missouri public schools. The program or programs of
instruction shall encourage nonviolent conflict resolution of problems facing youth; present alternative
constructive activities for the students; encourage community participation in program instruction,
including but not limited to parents and law enforcement officials; and shall be administered as
appropriate for different grade levels and shall not be offered for academic credit.

Page 20
STATUTES
1. All employees of the district shall annually receive instruction related to the specific contents of the
policy of discipline and any interpretations necessary to implement the provisions of the policy in the
course of their duties, including but not limited to approved methods of dealing with acts of school
violence, disciplining students with disabilities and instruction in the necessity and requirements for
confidentiality. []
Page 21

STATUTES
2. The policy shall require school administrators to report acts of school violence to all teachers at the
attendance center and, in addition, to other school district employees with a need to know. For the
purposes of this chapter or chapter 167, "need to know" is defined as school personnel who are directly
responsible for the student's education or who otherwise interact with the student on a professional basis
while acting within the scope of their assigned duties. As used in this section, the phrase "act of school
violence" or "violent behavior" means the exertion of physical force by a student with the intent to do
serious physical injury as defined in subdivision (6) of section 565.002 to another person while on school
property, including a school bus in service on behalf of the district, or while involved in school activities.
[] The policy shall require that any portion of a student's individualized education program that is related
to demonstrated or potentially violent behavior shall be provided to any teacher and other school district
employees who are directly responsible for the student's education or who otherwise interact with the
student on an educational basis while acting within the scope of their assigned duties.
9. [] School districts shall for each student enrolled in the school district compile and maintain records
of any serious violation of the district's discipline policy. Such records shall be made available to teachers
and other school district employees with a need to know while acting within the scope of their assigned
duties, and shall be provided as required in section 167.020 to any school district in which the student
subsequently attempts to enroll.
167.026 R.S.Mo. Expungement of disciplinary records, exception
1. The state board of education shall adopt a policy relating to the expungement of disciplinary records of
pupils who have graduated or reached the age of twenty-one years.
2. Any school district may adopt a policy consistent with the policy adopted pursuant to subsection 1 of
this section.
3. No such policy shall allow the expungement of any act listed in subsection 1 of section 167.115 unless
the petition regarding the act was dismissed or the pupil has been acquitted or adjudicated not to have
committed the act.
STATUTES
167.034 R.S.Mo. Absences in St. Louis City reported to division of family services, children's
division, when, notification requirements--duties of children's division
1. In any city not within a county where a child under the age of seventeen required to attend school
under section 167.031 accumulates fifteen or more absences during any one school year, the child's
school district shall report such absences to the division of family services, children's division, within ten
Page 22
business days of the fifteenth day of absence. Such notification, which shall be in written form and
retained in the student's school records, shall include:
(1) The student's full name and parents' or guardians' full names;
(2) The addresses and phone numbers of the student and parents or guardians;
(3) The student's date of birth and age;
(4) The student's current school and grade level;
(5) The student's current grades for all classes in which the student is enrolled; and
(6) The total number of days missed and specific days missed from school.
2. Upon receipt of a report of the absences of a child under this section, the children's division shall notify
the child's parent or guardian that the child has accumulated fifteen or more absences and such report
may be subject to the educational neglect provisions under section 210.145. The notification required
under this section is required regardless of whether a student's parent or guardian contacted the school
and approved of the absences.

STATUTES
2. The policy shall at a minimum require school administrators to report, as soon as reasonably practical,
to the appropriate law enforcement agency any of the following crimes, or any act which if committed by
an adult would be one of the following crimes:
(1) First degree murder under section 565.020;
(2) Second degree murder under section 565.021;
(3) Kidnapping under section 565.110;
(4) First degree assault under section 565.050;
(5) Forcible rape under section 566.030;
(6) Forcible sodomy under section 566.060;
(7) Burglary in the first degree under section 569.160;
(8) Burglary in the second degree under section 569.170;
(9) Robbery in the first degree under section 569.020;
(10) Distribution of drugs under section 195.211;
(11) Distribution of drugs to a minor under section 195.212;
(12) Arson in the first degree under section 569.040;
(13) Voluntary manslaughter under section 565.023;
(14) Involuntary manslaughter under section 565.024;
(15) Second degree assault under section 565.060;
(16) Sexual assault under section 566.040;
(17) Felonious restraint under section 565.120;
(18) Property damage in the first degree under section 569.100;
Page 23
(19) The possession of a weapon under chapter 571;

(20) Child molestation in the first degree pursuant to section 566.067;
(21) Deviate sexual assault pursuant to section 566.070;
(22) Sexual misconduct involving a child pursuant to section 566.083;
(23) Sexual abuse pursuant to section 566.100;
(24) Harassment under section 565.090; or
(25) Stalking under section 565.225; committed on school property, including but not limited to actions
on any school bus in service on behalf of the district or while involved in school activities.
167.115 R.S.Mo. Juvenile officer or other law enforcement authority to report to superintendent,
when, how--superintendent to report certain acts, to whom--notice of suspension or expulsion to
1. Notwithstanding any provision of chapter 211 or chapter 610 to the contrary, the juvenile officer, sheriff,
chief of police or other appropriate law enforcement authority shall, as soon as reasonably practical, notify
the superintendent, or the superintendent's designee, of the school district in which the pupil is enrolled
when a petition is filed pursuant to subsection 1 of section 211.031 alleging that the pupil has committed
one of the following acts:
(1) First degree murder under section 565.020;
(2) Second degree murder under section 565.021;
(3) Kidnapping under section 565.110;
(4) First degree assault under section 565.050;
(5) Forcible rape under section 566.030;
(6) Forcible sodomy under section 566.060;
(7) Burglary in the first degree under section 569.160;
(8) Robbery in the first degree under section 569.020;
(9) Distribution of drugs under section 195.211;
(10) Distribution of drugs to a minor under section 195.212;
(11) Arson in the first degree under section 569.040;
(12) Voluntary manslaughter under section 565.023;
(13) Involuntary manslaughter under section 565.024;
(14) Second degree assault under section 565.060;
(15) Sexual assault under section 566.040;
(16) Felonious restraint under section 565.120;
(17) Property damage in the first degree under section 569.100;
(18) The possession of a weapon under chapter 571;
(19) Child molestation in the first degree pursuant to section 566.067;
(20) Deviate sexual assault pursuant to section 566.070;
(21) Sexual misconduct involving a child pursuant to section 566.083; or
(22) Sexual abuse pursuant to section 566.100.
2. The notification shall be made orally or in writing, in a timely manner, no later than five days following
the filing of the petition. If the report is made orally, written notice shall follow in a timely manner. The
notification shall include a complete description of the conduct the pupil is alleged to have committed and
Page 24
the dates the conduct occurred but shall not include the name of any victim. Upon the disposition of any
such case, the juvenile office or prosecuting attorney or their designee shall send a second notification to
the superintendent providing the disposition of the case, including a brief summary of the relevant finding
of facts, no later than five days following the disposition of the case.
3. The superintendent or the designee of the superintendent shall report such information to teachers and
other school district employees with a need to know while acting within the scope of their assigned duties.
Any information received by school district officials pursuant to this section shall be received in
confidence and used for the limited purpose of assuring that good order and discipline is maintained in
the school. This information shall not be used as the sole basis for not providing educational services to a
public school pupil.
4. The superintendent shall notify the appropriate division of the juvenile or family court upon any pupil's
suspension for more than ten days or expulsion of any pupil that the school district is aware is under the
jurisdiction of the court.
6. Upon the transfer of any pupil described in this section to any other school district in this state, the
superintendent or the superintendent's designee shall forward the written notification given to the
superintendent pursuant to subsection 2 of this section to the superintendent of the new school district in
which the pupil has enrolled. Such written notification shall be required again in the event of any
subsequent transfer by the pupil.
167.117 R.S.Mo. Principal, teachers, school employees to report certain acts, to whom,
exceptions--limit on liabilitypenalty
1. In any instance when any person is believed to have committed an act which if committed by an adult
would be assault in the first, second or third degree, sexual assault, or deviate sexual assault against a
pupil or school employee, while on school property, including a school bus in service on behalf of the
district, or while involved in school activities, the principal shall immediately report such incident to the
appropriate local law enforcement agency and to the superintendent, except in any instance when any
person is believed to have committed an act which if committed by an adult would be assault in the third
degree and a written agreement as to the procedure for the reporting of such incidents of third degree
assault has been executed between the superintendent of the school district and the appropriate local law
enforcement agency, the principal shall report such incident to the appropriate local law enforcement
agency in accordance with such agreement.
2. In any instance when a pupil is discovered to have on or about such pupil's person, or among such
pupil's possessions, or placed elsewhere on the school premises, including but not limited to the school
playground or the school parking lot, on a school bus or at a school activity whether on or off of school
property any controlled substance as defined in section 195.010 or any weapon as defined in subsection
6 of section 160.261 in violation of school policy, the principal shall immediately report such incident to
the appropriate local law enforcement agency and to the superintendent.
3. In any instance when a teacher becomes aware of an assault as set forth in subsection 1 of this
section or finds a pupil in possession of a weapon or controlled substances as set forth in subsection 2 of
this section, the teacher shall immediately report such incident to the principal.
167.122 R.S.Mo. Placed pupils, notification of district, distribution of information
1. Notwithstanding any provisions of chapter 211 or chapter 610 to the contrary the juvenile officer or an
employee of the division of family services shall notify the school district that a child under judicial custody
pursuant to subsection 3 of section 211.031 is being enrolled in that district or that a child already enrolled
has been taken into judicial custody.
Page 25
2. The notification shall be given to the superintendent of schools or a designee, either orally or in writing,
at the time of enrollment or no later than five days following the court taking custody of the child under
subsection 3 of section 211.031. If the report is made orally, written notice shall follow in a timely manner.
The notification shall describe any conduct that involved physical force with the intent to do serious bodily
harm to another person but shall not include the name of any victim other than the child.
3. The superintendent or a designee is authorized to share this information with teachers and other
school district employees with a need to know while acting within the scope of their assigned duties
pursuant to subsection 2 of section 160.261. Any information received by school district officials pursuant
to this section shall be received in confidence and used for the limited purposes of assuring that good
order and discipline is maintained in the school, or for intervention and counseling purposes for the
benefit of the child. The information shall not be part of the child's permanent record. The information
shall not be used as the sole basis for denying educational services to a pupil.

STATUTES
167.022 R.S.Mo. Request for records, placed pupils
Consistent with the provisions of section 167.020, within forty-eight hours of enrolling a nonresident pupil
placed pursuant to sections 210.481 to 210.536, the school official enrolling a pupil, including any special
education pupil, shall request those records required by district policy for student transfer and those
discipline records required by subsection 7 of section 160.261 from all schools and other facilities
previously attended by the pupil and from other state agencies as enumerated in section 210.518 and any
entities involved with the placement of the student within the last twenty-four months. Any request for
records under this section shall include, if applicable to the student, any records relating to an act of
violence as defined under subsection 7 of section 160.262.

Page 26

STATUTES
162.215. School officers may be commissioned to enforce certain criminal laws (City of Blue
Springs)
1. The school board of a district with its administrative headquarters located within a home rule city with
more than forty-eight thousand but fewer than forty-nine thousand inhabitants may authorize and
commission school officers to enforce laws relating to crimes committed on school premises, at school
activities, and on school buses operating within the school district only upon the execution of a
memorandum of understanding with each municipal law enforcement agency and county sheriff's office
which has law enforcement jurisdiction over the school district's premises and location of school activities,
provided that the memorandum shall not grant statewide arrest authority. School officers shall be licensed
peace officers, as defined in section 590.010, and shall comply with the provisions of chapter 590. The
powers and duties of a peace officer shall continue throughout the employee's tenure as a school officer.
2. School officers shall abide by district school board policies, all terms and conditions defined within the
executed memorandum of understanding with each municipal law enforcement agency and county
sheriff's office which has law enforcement jurisdiction over the school district's premises and location of
school activities, and shall consult with and coordinate activities through the school superintendent or the
superintendent's designee. School officers' authority shall be limited to crimes committed on school
premises, at school activities, and on school buses operating within the jurisdiction of the executed
memorandum of understanding. All crimes involving any sexual offense or any felony involving the threat
or use of force shall remain under the authority of the local jurisdiction where the crime occurred. School
officers may conduct any justified stop on school property and enforce any local violation that occurs on
school grounds. School officers shall have the authority to stop, detain, and arrest for crimes committed
on school property, at school activities, and on school buses.
STATUTES
162.215. School officers may be commissioned to enforce certain criminal laws (City of Blue
Springs)
1. [...] School officers shall be licensed peace officers, as defined in section 590.010, and shall comply
with the provisions of chapter 590. The powers and duties of a peace officer shall continue throughout the
employee's tenure as a school officer.

Page 27

STATUTES
3. The department of elementary and secondary education shall, in cooperation with appropriate
associations, organizations, agencies and individuals with specialized expertise in behavior management,
develop a model policy that satisfies the requirements of subsection 2 of this section by July 1, 2010.
STATUTES
161.650 R.S.Mo. Department to identify and adopt violence prevention program, district to
administer--state board to adopt violence prevention program--duties--administered howfunding
3. Any district adopting and providing a program of instruction pursuant to this section [about violence
prevention] shall be entitled to receive state aid pursuant to section 163.031. If such aid is determined by
the department to be insufficient to implement any program or programs adopted by a district pursuant to
this section:
(1) The department may fund the program or programs adopted pursuant to this section or pursuant to
subsection 2 of section 160.530, or both, after securing any funding available from alternative sources;
and
(2) School districts may fund the program or programs from funds received pursuant to subsection 1 of
section 160.530.
167.335 R.S.Mo. Alternative education grants--qualifications--joint applications
1. The state board of education shall establish a program to award grants to school districts that apply for
assistance in providing alternative educational opportunities for students whose demonstrated disruptive
behavior indicates that they cannot be adequately served in the traditional classroom setting. The board
shall solicit applications from school districts and shall make grants from funds appropriated for that
purpose in such amounts and on such terms as it determines best encourages the development of
alternative education programs throughout the state. The board shall give preference to applications that
demonstrate a need for alternative education services and stress:
(1) A comprehensive, kindergarten through grade twelve approach to preventing problems that result in
the need for alternative education services;
(2) Rigorous instruction in core academic disciplines;
(3) Activities designed to enable the student to better perform in the regular classroom and to transition
students back to the regular classroom when merited by their performance;
(4) A student-centered approach whereby activities are designed to meet the particular needs of
individual students; and
(5) Collaboration with existing community-based service providers, such as cooperative education
programs, school to work programs, parents-as-teachers programs, programs developed by the
department of economic development and programs developed by local service delivery agencies, and
Page 28
other governmental and private agencies to address student needs beyond those traditionally
addressed by schools.
167.280 R.S.Mo. Support services for students at high risk--application, elements--priority
applications, elements--use of funds--allowable costs
1. Within the amounts appropriated therefor, the state board of education shall award funds for the
purpose of providing support services to pupils enrolled in public and nonpublic schools who are identified
as having a high risk of dropping out of school. Such awards shall be made on a competitive basis to
public institutions of higher education or consortia of public institutions in cooperation with school districts
and not-for-profit community-based organizations. In areas of the state where public institutions of higher
education are unable to provide appropriate services to high school pupils, the state board may award
funds to not-for-profit community-based organizations in cooperation with school districts.
Page 29
Other/Uncategorized
STATUTES
8. Teachers and other authorized district personnel in public schools responsible for the care,
supervision, and discipline of schoolchildren, including volunteers selected with reasonable care by the
school district, shall not be civilly liable when acting in conformity with the established policies developed
by each board, including but not limited to policies of student discipline or when reporting to his or her
supervisor or other person as mandated by state law acts of school violence or threatened acts of school
violence, within the course and scope of the duties of the teacher, authorized district personnel or
volunteer, when such individual is acting in conformity with the established policies developed by the
board. Nothing in this section shall be construed to create a new cause of action against such school
district, or to relieve the school district from liability for the negligent acts of such persons.
167.115 R.S.Mo. Juvenile officer or other law enforcement authority to report to superintendent,
when, how--superintendent to report certain acts, to whom--notice of suspension or expulsion to
8. The superintendent or the designee of the superintendent or other school employee who, in good faith,
reports information in accordance with the terms of this section and section 160.261 shall not be civilly
liable for providing such information.
167.117 R.S.Mo. Principal, teachers, school employees to report certain acts, to whom,
exceptions--limit on liabilitypenalty
4. A school employee, superintendent or such person's designee who in good faith provides information
to law enforcement or juvenile authorities pursuant to this section or section 160.261 shall not be civilly
liable for providing such information.

Other/Uncategorized
Page 30

School Discipline
resources provided by Missouri provide additional context to state policy and regulations and, in some
Title
Description
Provides a model policy developed by the

Department of Elementary and Secondary
Education on the use of seclusion and
restraint, as well as other responses to
emergency or crisis situations, in which
student and/or educator safety is at risk.
http://dese.mo.gov/schoollaw/docum
ents/seclusionpolicy.pdf
CES is public-private partnership of the

Missouri Department of Public Safety,
Missouri Office of Homeland Security, and
the Missouri School Boards Association
(MSBA) dedicated to enhancing various
aspects of emergency planning,
preparedness, and safety and security in
public and nonpublic educationpre-K, K12, and post-secondary
http://moces.org/index.php
Website
No relevant
resources found
Documents
Department of
Elementary and
Secondary
Education model
policy
Other Resources
Missouri Center for
Education Safety
Page 31
Montana
Discipline Laws and
Regulations
Introduction
document.
Notes & Disclaimers

Note: Per state review, Montana is a local control state, meaning that many public education decisions
are made by school district administrations and school boards.
Prepared by:
Child Trends
Table of Contents
Montana State Codes Cited........................................................................................................................ 1
Scope ........................................................................................................................................................ 3
Other weapons ........................................................................................................................................ 12
Substance use......................................................................................................................................... 13
Prevention ............................................................................................................................................... 15
Montana State Codes Cited

Montana Revised Statutes
Title 20. Education
Part 2. Miscellaneous Provisions
20-1-213.
20-1-220.
Transfer of school records

Use of tobacco product in public school building or on public school property prohibited.
Chapter 4. Teachers, Superintendents, and Principals

Part 3. Teachers Powers, Duties, and Privileges
20-4-302.
Discipline and punishment of pupils -- definition of corporal punishment -- penalty

defense
Chapter 5. Pupils
Part 1. Attendance
20-5-104.
20-5-105.
20-5-106.
20-5-107.
Attendance officer
Attendance officer powers and duties
Truancy
Incapacitated and indigent child attendance
Part 2. Duties Suspension and Expulsion

20-5-201.
20-5-202.
20-5-203.
Duties and sanctions

Suspension and expulsion
Secret organizations prohibited
Part 5. Enrollment of Pupil by Caretaker Relative

20-5-502.
Enrollment by caretaker relative residency affidavit
Title 45. Crimes

Chapter 8. Offenses Against Public Order
Part 3. Weapons
45-8-361.
Possession or allowing possession of weapon in school building -- exceptions -- penalties

-- seizure and forfeiture or return authorized -- definitions
Montana Compilation of School Discipline Laws and Regulations
Page 1
Montana Administrative Code

10. Education
Chapter 16. Special Education
Subchapter 33. Services
10.16.3346.
Aversive treatment procedures
Chapter 55. Standards of accreditation

Subchapter 7. School leadership
10.55.701.
Board of trustees
Subchapter 8. Educational opportunity

10.55.801.
School climate
Page 2
General Provisions
STATUTES
20-5-202. Suspension and expulsion.
(1) [] The trustees of the district shall adopt a policy defining the authority and procedure to be used by
a teacher, superintendent, or principal in the suspension of a pupil and in defining the circumstances and
procedures by which the trustees may expel a pupil.
(2) The trustees of a district shall adopt a policy for the expulsion of a student who is determined to have
brought a firearm, as defined in 18 U.S.C. 921, to school and for referring the matter to the appropriate
local law enforcement agency. []
ADMINISTRATIVE CODE
10.55.801 School climate.
(1)The local board of trustees shall:
(a) develop policies, procedures, and rules that respect the rights of all learners, and promote an
awareness of and concern for the well-being of others, and address bullying, intimidation, and
harassment of students and school personnel;
Scope
STATUTES
20-4-302. Discipline and punishment of pupils -- definition of corporal punishment -- penalty -defense.
(1) A teacher or principal has the authority to hold a pupil to a strict accountability for disorderly conduct in
school, on the way to or from school, or during intermission or recess.
20-5-201. Duties and sanctions.
(1) A pupil:
(a) shall comply with the policies of the trustees and the rules of the school that the pupil attends;
(b) shall pursue the required course of instruction;
(c) shall submit to the authority of the teachers, principal, and district superintendent of the district; and
(d) is subject to the control and authority of the teachers, principal, and district superintendent while the
pupil is in school or on school premises, on the way to and from school, or during intermission or
recess.
ADMINISTRATIVE CODE
10.55.701 Board of Trustees.
(2) Each school district shall make available to the staff and public:
Page 3
(f) policies addressing bullying, hazing, intimidation, and harassment of students and meeting the
requirements in ARM 10.55.719;
Page 4


STATUTES
(2) For the purposes of this section, "corporal punishment" means knowingly and purposely inflicting
physical pain on a pupil as a disciplinary measure.
(3) A person who is employed or engaged by a school district may not inflict or cause to be inflicted
corporal punishment on a pupil.
(4) (a) A person who is employed or engaged by a school district may use physical restraint, defined as
the placing of hands on a pupil in a manner that is reasonable and necessary to:
(i) quell a disturbance;
(ii) provide self-protection;
(iii) protect the pupil or others from physical injury;
(iv) obtain possession of a weapon or other dangerous object on the person of the pupil or within
control of the pupil;
(v) maintain the orderly conduct of a pupil including but not limited to relocating a pupil in a waiting
line, classroom, lunchroom, principal's office, or other on-campus facility; or
(vi) protect property from serious harm.
(b) Physical pain resulting from the use of physical restraint as defined in subsection (4)(a) does not
constitute corporal punishment as long as the restraint is reasonable and necessary.
(7) If a person who is employed or engaged by a school district uses corporal punishment or more
physical restraint than is reasonable or necessary, the person is guilty of a misdemeanor and, upon
conviction of the misdemeanor by a court of competent jurisdiction, shall be fined not less than $25 or
more than $500.

Page 5

STATUTES
(4) (a) A school district may withhold the grades, diploma, or transcripts of a pupil who is responsible for
the cost of school materials or the loss or damage of school property until the pupil or the pupil's parent
or guardian satisfies the obligation.
(b) A school district that decides to withhold a pupil's grades, diploma, or transcripts from the pupil and
the pupil's parent or guardian pursuant to subsection (4)(a) shall:
(i) upon receiving notice that the pupil has transferred to another school district in the state, notify the
pupil's parent or guardian in writing that the school district to which the pupil has transferred will be
requested to withhold the pupil's grades, diploma, or transcripts until any obligation has been
satisfied;
(ii) forward appropriate grades or transcripts to the school to which the pupil has transferred;
(iii) at the same time, notify the school district of any financial obligation of the pupil and request the
withholding of the pupil's grades, diploma, or transcripts until any obligations are met;
(iv) when the pupil or the pupil's parent or guardian satisfies the obligation, inform the school district to
which the pupil has transferred; and
(v) adopt a policy regarding a process for a pupil or the pupil's parent or guardian to appeal the school
district's decision to request that another school district withhold a pupil's grades, diploma, or
transcripts.
(4) Nothing in this section prevents a school district from:
(a) offering instructional activities related to firearms or allowing a firearm to be brought to school for
instructional activities sanctioned by the district; or
(b) providing educational services in an alternative setting to a student who has been expelled from the
student's regular school setting.
Page 6

STATUTES
(2) A pupil who disobeys the provisions of this section, shows open defiance of the authority vested in
school personnel by this section, defaces or damages any school building, school grounds, furniture,
equipment, or book belonging to the district, harms or threatens to harm another person or the person's
property, or otherwise violates district policy regarding pupil conduct is subject to punishment,
suspension, or expulsion under the provisions of this title. When a pupil defaces or damages school
property, the pupil's parent or guardian is liable for the cost of repair or replacement upon the complaint of
the teacher, principal, superintendent, or any trustee and the proof of any damage.
(1) As provided in 20-4-302, 20-4-402, and 20-4-403, a pupil may be suspended by a teacher,
superintendent, or principal. The trustees of the district shall adopt a policy defining the authority and
procedure to be used by a teacher, superintendent, or principal in the suspension of a pupil and in
defining the circumstances and procedures by which the trustees may expel a pupil.

STATUTES
(2) [] A student who is determined to have brought a firearm to school under this subsection must be
expelled from school for a period of not less than 1 year, except that the trustees may authorize the
school administration to modify the requirement for expulsion of a student on a case-by-case basis. A
decision to change the placement of a student with a disability who has been expelled pursuant to this
section must be made in accordance with the Individuals With Disabilities Education Act.
(3) In accordance with 20-4-302, 20-4-402, 20-4-403, and subsection (1) of this section, a teacher, a
superintendent, or a principal shall suspend immediately for good cause a student who is determined to
have brought a firearm to school.

STATUTES
(5) A teacher in a district employing neither a district superintendent nor a principal at the school where
the teacher is assigned has the authority to suspend a pupil for good cause. When either a district
superintendent or a school principal is employed, only the superintendent or principal has the authority to
Page 7
suspend a pupil for good cause. Whenever a teacher suspends a pupil, the teacher shall notify the
trustees and the county superintendent immediately of the action.
[...] A pupil may be suspended from school for an initial period not to exceed 10 school days. Upon a
finding by a school administrator that the immediate return to school by a pupil would be detrimental to
the health, welfare, or safety of others or would be disruptive of the educational process, a pupil may be
suspended for one additional period not to exceed 10 school days if the pupil is granted an informal
hearing with the school administrator prior to the additional suspension and if the decision to impose the
additional suspension does not violate the Individuals With Disabilities Education Act, 20 U.S.C. 1400, et
seq.

STATUTES
(5) A teacher in a district employing neither a district superintendent nor a principal at the school where
the teacher is assigned has the authority to suspend a pupil for good cause. When either a district
superintendent or a school principal is employed, only the superintendent or principal has the authority to
suspend a pupil for good cause. Whenever a teacher suspends a pupil, the teacher shall notify the
trustees and the county superintendent immediately of the action.


STATUTES
(4) (a) A person who is employed or engaged by a school district may use physical restraint, defined as
the placing of hands on a pupil in a manner that is reasonable and necessary to:
(i) quell a disturbance;
(ii) provide self-protection;
(iii) protect the pupil or others from physical injury;
(iv) obtain possession of a weapon or other dangerous object on the person of the pupil or within
control of the pupil;
(v) maintain the orderly conduct of a pupil including but not limited to relocating a pupil in a waiting
line, classroom, lunchroom, principal's office, or other on-campus facility; or
(vi) protect property from serious harm.
Page 8
(b) Physical pain resulting from the use of physical restraint as defined in subsection (4)(a) does not
constitute corporal punishment as long as the restraint is reasonable and necessary.
more than $500.
(8) A person named as a defendant in an action brought under this section may assert as an affirmative
defense that the use of physical restraint was reasonable or necessary. If that defense is denied by the
person bringing the charge, the issue of whether the restraint used was reasonable or necessary must be
determined by the trier of fact.
ADMINISTRATIVE CODE
10.16.3346. Special Education. Aversive treatment procedures.
(1) Positive behavioral interventions based on the results of a functional behavioral assessment shall
serve as the foundation for any program utilizing aversive procedures to address the behavioral needs of
students. Aversive treatment procedures may be appropriate for an individual student who exhibits
behaviors which pose a risk of physical harm to the student or others, or a risk of significant damage to
property, or significantly disruptive or dangerous behaviors which cannot be modified solely through the
use of positive behavioral interventions. Aversive treatment procedures must be designed to address the
behavioral needs of an individual student, be approved by the IEP team, and may not be used as
punishment, for the convenience of staff, or as a substitute for positive behavioral interventions.
(2) Aversive treatment procedures are defined as:

(a) physical restraint, other than as provided in 20-4-302, MCA, when the IEP team has determined
that the frequency, intensity or duration of the restraint warrants an aversive treatment procedure; and
(b) isolation time-out which results in the removal of a student to an isolation room under the following
conditions:
(i) the student is alone in the isolation room during the period of isolation;
(ii) the student is prevented from exiting the isolation room during the period of isolation;
(iii) the door to the isolation room remains closed during the period of isolation; and
(iv) the student is prohibited from participating in activities occurring outside the isolation room and
from interacting with other students during the period of isolation.
(3) Any student in isolation time-out must be under the direct constant visual observation of a designated
staff person throughout the entire period of isolation.
(4) The following procedures are prohibited:

(a) any procedure solely intended to cause physical pain;
(b) isolation in a locked room or mechanical restraint, except in residential treatment facilities and
psychiatric hospitals as defined in 20-7-436, MCA, when prescribed by a physician as part of a
treatment plan and when implemented in compliance with relevant federal and state law;
(c) the withholding of a meal for a period of greater than one hour from its scheduled starting time;
(d) aversive mists, noxious odors, and unpleasant tastes applied by spray or other means to cause an
aversive physical sensation; and
(e) mechanical restraint that physically restricts a student's movement through the use upon the
student of any mechanical or restrictive device which is not intended for medical reasons.
Page 9
(5) Exclusion time-out is not considered an aversive treatment procedure. Exclusion time-out is defined
as any removal of a student from a regularly scheduled activity for disciplinary purposes that does not
result in placing the student in an isolation room under all of the conditions described in (2)(b).
(6) IEPs may include the use of aversive treatment procedures only when:
(a) subsequent to a functional behavioral assessment, a series of no less than two written positive
behavioral intervention strategies, which were designed to target the behavior to be changed, were
previously implemented;
(b) the IEP team includes a person trained and knowledgeable about best practices in the application
of positive behavioral interventions, aversive treatment procedures and nonaversive alternatives for deescalation of behaviors; and
(c) a written behavioral intervention plan using aversive treatment procedures is developed and
incorporated as a part of the IEP.
STATUTES
(4) Nothing in this section prevents a school district from: [...]
(b) providing educational services in an alternative setting to a student who has been expelled from the
student's regular school setting.
Page 10

Conditions
STATUTES
(2) The trustees of a district shall adopt a policy for the expulsion of a student who is determined to have
brought a firearm, as defined in 18 U.S.C. 921, to school and for referring the matter to the appropriate
local law enforcement agency. A student who is determined to have brought a firearm to school under this
subsection must be expelled from school for a period of not less than 1 year, except that the trustees may
authorize the school administration to modify the requirement for expulsion of a student on a case-bycase basis. A decision to change the placement of a student with a disability who has been expelled
pursuant to this section must be made in accordance with the Individuals With Disabilities Education Act.
(3) In accordance with 20-4-302, 20-4-402, 20-4-403, and subsection (1) of this section, a teacher, a
superintendent, or a principal shall suspend immediately for good cause a student who is determined to
have brought a firearm to school.
(4) Nothing in this section prevents a school district from:
(a) offering instructional activities related to firearms or allowing a firearm to be brought to school for
instructional activities sanctioned by the district;
45-8-361. Possession or allowing possession of weapon in school building -- exceptions -penalties -- seizure and forfeiture or return authorized -- definitions.
(1) A person commits the offense of possession of a weapon in a school building if the person purposely
and knowingly possesses, carries, or stores a weapon in a school building.
(2) A parent or guardian of a minor commits the offense of allowing possession of a weapon in a school
building if the parent or guardian purposely and knowingly permits the minor to possess, carry, or store a
weapon in a school building.
(3) (a) Subsection (1) does not apply to law enforcement personnel.
(b) The trustees of a district may grant persons and entities advance permission to possess, carry, or
store a weapon in a school building.
(4) (a) A person convicted under this section shall be fined an amount not to exceed $500, imprisoned in
the county jail for a term not to exceed 6 months, or both. The court shall consider alternatives to
incarceration that are available in the community.
(b) (i) A weapon in violation of this section may be seized and, upon conviction of the person
possessing or permitting possession of the weapon, may be forfeited to the state or returned to the
lawful owner.
(ii) If a weapon seized under the provisions of this section is subsequently determined to have been
stolen or otherwise taken from the owner's possession without permission, the weapon must be
returned to the lawful owner.
(a) "school building" means all buildings owned or leased by a local school district that are used for
instruction or for student activities. The term does not include a home school provided for in 20-5-109.
Page 11
(b) "weapon" means any type of firearm, a knife with a blade 4 or more inches in length, a sword, a
straight razor, a throwing star, nun-chucks, or brass or other metal knuckles. The term also includes
any other article or instrument possessed with the purpose to commit a criminal offense.
Other weapons
STATUTES
45-8-361. Possession or allowing possession of weapon in school building -- exceptions -penalties -- seizure and forfeiture or return authorized -- definitions.
(1) A person commits the offense of possession of a weapon in a school building if the person purposely
and knowingly possesses, carries, or stores a weapon in a school building.
(2) A parent or guardian of a minor commits the offense of allowing possession of a weapon in a school
building if the parent or guardian purposely and knowingly permits the minor to possess, carry, or store a
weapon in a school building.
(3) (a) Subsection (1) does not apply to law enforcement personnel.
(b) The trustees of a district may grant persons and entities advance permission to possess, carry, or
store a weapon in a school building.
(4) (a) A person convicted under this section shall be fined an amount not to exceed $500, imprisoned in
the county jail for a term not to exceed 6 months, or both. The court shall consider alternatives to
incarceration that are available in the community.
(b) (i) A weapon in violation of this section may be seized and, upon conviction of the person
possessing or permitting possession of the weapon, may be forfeited to the state or returned to the
lawful owner.
(ii) If a weapon seized under the provisions of this section is subsequently determined to have been
stolen or otherwise taken from the owner's possession without permission, the weapon must be
returned to the lawful owner.
(a) "school building" means all buildings owned or leased by a local school district that are used for
instruction or for student activities. The term does not include a home school provided for in 20-5-109.
(b) "weapon" means any type of firearm, a knife with a blade 4 or more inches in length, a sword, a
straight razor, a throwing star, nun-chucks, or brass or other metal knuckles. The term also includes
any other article or instrument possessed with the purpose to commit a criminal offense.


STATUTES
20-5-105. Attendance officer -- powers and duties.
The attendance officer of a district:
(1) must be vested with police powers, the authority to serve warrants, and the authority to enter places of
employment of children in order to enforce the compulsory attendance provisions of this title;
Page 12
(2) shall take into custody any child subject to compulsory attendance who is not excused under the
provisions of this title and conduct the child to the school in which the child is or should be enrolled;
(3) shall do whatever else is required to investigate and enforce the compulsory attendance provisions of
this title and the pupil attendance policies of the trustees;
(4) shall institute proceedings against any parent, guardian, or other person violating the compulsory
attendance provisions of this title;
(5) shall keep a record of transactions for the inspection and information of the trustees and make reports
in the manner and to whomever the trustees designate; and
(6) shall perform any other duties prescribed by the trustees to preserve the morals and secure good
conduct of the pupils of the district.
20-5-106. Truancy.
(1) Whenever the attendance officer discovers a child truant from school or a child subject to compulsory
attendance who is not enrolled in a school providing the required instruction and has not been excused
under the provisions of this title, the officer shall notify in writing the parent, guardian, or other person
responsible for the care of the child that the continued truancy or nonenrollment of the child will result in
the person's prosecution under the provisions of this section. If the child is not enrolled and in attendance
at a school or excused from school within 2 days after the receipt of the notice, the attendance officer
shall file a complaint against the person in a court of competent jurisdiction.
(2) If convicted, the person shall be fined not less than $5 or more than $20. In the alternative, the person
may be required to give bond in the penal sum of $100, with sureties, conditioned upon the person's
agreement to cause the enrollment of the child within 2 days in a school providing the courses of
instruction required by this title and to cause the child to attend that school for the remainder of the
current school term. If a person refuses to pay a fine and costs or to give a bond as ordered by the court,
the person shall be imprisoned in the county jail for a term of not less than 10 days or more than 30 days.
20-5-107. Incapacitated and indigent child attendance.
In lieu of the provisions of 20-5-106 and when an attendance officer is satisfied that a pupil or a child
subject to compulsory attendance is not able to attend school because the child does not have the
physical capacity or the child is absolutely required to work at home or elsewhere in order to provide
support for the child or the child's family, the attendance officer shall report the case to the authorities
charged with the relief of the poor. The welfare authorities shall offer relief that will enable the child to
attend school. If the parent, guardian, or other person who is responsible for the care of the child denies
or neglects the assistance offered to enable the child to attend school, the child must be committed to a
state institution, at the discretion of the court.
Substance use
STATUTES
20-1-220. Use of tobacco product in public school building or on public school property
prohibited.
(1) An individual may not use a tobacco product in a public school building or on public school property.
(2) Subsection (1) does not apply to the use of a tobacco product in a classroom or on other school
property as part of a lecture, demonstration, or educational forum sanctioned by a school administrator or
faculty member concerning the risks associated with use of a tobacco product.
Page 13
(3) The principal of an elementary or secondary school, or the principal's designee, may enforce this
section.
(4) A violation of this section is subject to the penalties provided in 50-40-115.
(5) For the purposes of this section, the following definitions apply:
(a) "Public school building" or "public school property":
(i) means public land, fixtures, buildings, or other property owned or occupied by an institution for the
teaching of minor children that is established and maintained under the laws of the state of Montana
at public expense; and
(ii) includes school playgrounds, school steps, parking lots, administration buildings, athletic facilities,
gymnasiums, locker rooms, and school buses.
(b) "Tobacco product" means a substance intended for human consumption that contains tobacco,
including cigarettes, cigars, snuff, smoking tobacco, and smokeless tobacco.

STATUTES

STATUTES
20-5-203. Secret organization prohibited.
(1) It shall be unlawful for any pupil to participate in or be a member of any secret fraternity or other secret
organization that is in any degree a school organization. It also shall be unlawful for any pupil or other
person to solicit any pupil to join any such prohibited secret fraternity or other secret organization.
(2) Any person violating the provisions of this section shall be guilty of a misdemeanor and, if convicted
by a court of competent jurisdiction, shall be fined not less than $5 or more than $25 for each violation.
Page 14

Prevention

Page 15

STATUTES
(5) [] Whenever a teacher suspends a pupil, the teacher shall notify the trustees and the county
superintendent immediately of the action.
(6) A teacher has the duty to report the truancy or incorrigibility of a pupil to the district superintendent,
the principal, the trustees, or the county superintendent, whichever is applicable.
in the manner and to whomever the trustees designate;
STATUTES
20-1-213. Transfer of school records.
(8) (a) By November 1 and March 1 of each school fiscal year, a local educational agency shall prepare a
report to be provided to the director of the Montana youth challenge program subject to subsections
(8)(b) and (8)(c) containing the name, last-known address, and dates of attendance of a student who:
(i) is at least 16 years of age but less than 19 years of age;
(ii) was enrolled but is no longer enrolled in a school in the district;
(iii) has not provided school transfer or graduation information to a school in the district; and
(iv) has not received a high school diploma or general educational development certificate.
(b) After preparing the report in accordance with subsection (8)(a), a local educational agency shall
provide written notice to the parent or guardian of the student or to the student if the student is at least
18 years of age or is under 18 years of age and emancipated that the agency intends to provide the
report to the director of the Montana youth challenge program. The parent or guardian or the student
must be given the opportunity to object to the planned disclosure of the information. If the parent or
guardian or the student fails to respond to the notice within 30 days, the local educational agency shall
forward the report to the director of the Montana youth challenge program.
20-5-106. Truancy.
Page 16

(4) (b) A school district that decides to withhold a pupil's grades, diploma, or transcripts from the pupil and
requested to withhold the pupil's grades, diploma, or transcripts until any obligation has been
satisfied;
ADMINISTRATIVE CODE
10.16.3346. Special Education. Aversive treatment procedures.
(8) When an aversive treatment plan is incorporated in the IEP, the parents must be informed that their
consent to the IEP includes consent for the aversive treatment plan. Failure to obtain consent is subject to
due process proceedings under ARM 10.16.3507 through 10.16.3523.
(9) Parents must be informed as soon as possible, but no less than 24 hours after the procedure is used,
in writing, or orally if in writing is not possible, in their native language each time an aversive procedure is
implemented on their child.


STATUTES
20-1-213. Transfer of school records.
(1) Subject to the provisions of the Family Educational Rights and Privacy Act of 1974, 20 U.S.C. 1232g,
as amended, and its implementing regulations at 34 CFR, part 99, and to the provisions of the Individuals
With Disabilities Education Act, 20 U.S.C. 1411 through 1420, and its implementing regulations at 34
CFR, part 300, local educational agencies and accredited schools shall adopt a policy that a certified
copy of the permanent file, as defined by the board of public education, and the file containing special
education records of a student will be forwarded by mail or electronically to a local educational agency or
accredited school in which the student seeks or intends to enroll within 5 working days after a receipt of a
written or electronic request.
(2) If records cannot be forwarded within 5 days, the local educational agency or accredited school shall
notify the requestor in writing or electronically providing the reasons why the local educational agency or
accredited school is unable to comply within the 5-day timeframe and the local educational agency or
accredited school shall provide the date by which the requested records will be transferred.
(3) A local educational agency or accredited school may not refuse to transfer files because a student
owes fines or fees.
(4) The files that are forwarded must include education records in the permanent file, special education
records, and any disciplinary actions taken against the student that are educationally related.
(5) A local educational agency or accredited school may release student information to the juvenile justice
system to assist the system's ability to effectively serve, prior to adjudication, the student whose records
are released under provisions of 20 U.S.C. 1232g(B)(1)(E) of the Family Educational Rights and Privacy
Page 17
Act of 1974, as amended. The official to whom the records are disclosed shall certify in writing to the
sending official that the information will not, except as provided by law, be disclosed to any other party
without prior written consent of the parent of the student.
(6) The superintendent of public instruction is encouraged to contact other states or provinces and may
enter into reciprocal records transfer agreements with the superintendent of public instruction or a
department of education of any state or province. The superintendent of public instruction shall supply a
copy of any reciprocal records transfer agreement that is executed to the county superintendent of each
county that may be affected by the agreement.
(7) Upon request, the local educational agency or accredited school shall transfer by mail or electronically
a copy of the permanent file to a nonpublic school or facility.
(8) (a) By November 1 and March 1 of each school fiscal year, a local educational agency shall prepare a
report to be provided to the director of the Montana youth challenge program subject to subsections
(8)(b) and (8)(c) containing the name, last-known address, and dates of attendance of a student who:
(i) is at least 16 years of age but less than 19 years of age;
(ii) was enrolled but is no longer enrolled in a school in the district;
(iii) has not provided school transfer or graduation information to a school in the district; and
(iv) has not received a high school diploma or general educational development certificate.
(b) After preparing the report in accordance with subsection (8)(a), a local educational agency shall
provide written notice to the parent or guardian of the student or to the student if the student is at least
18 years of age or is under 18 years of age and emancipated that the agency intends to provide the
report to the director of the Montana youth challenge program. The parent or guardian or the student
must be given the opportunity to object to the planned disclosure of the information. If the parent or
guardian or the student fails to respond to the notice within 30 days, the local educational agency shall
forward the report to the director of the Montana youth challenge program.
(c) The report provided by the local educational agency may not include a student who:
(i) is receiving medical care or treatment that prohibits school attendance;
(ii) is enrolled in a foreign exchange program;
(iii) is enrolled in an early admissions college program;
(iv) is participating in a job corps program, an adult basic education program, or an accredited
apprenticeship program; or
(v) is excused from school for a reason determined acceptable by the local educational agency.
(d) The official to whom the information in subsection (8)(a) is provided shall certify in writing to the local
educational agency that is providing the information that the information will not be disclosed to any
other party except as necessary to recruit and retain students.
(9) As used in this section, "local educational agency" means a public school district or a state-funded
school.
(4) (b) A school district that decides to withhold a pupil's grades, diploma, or transcripts from the pupil and
requested to withhold the pupil's grades, diploma, or transcripts until any obligation has been satisfied;
(ii) forward appropriate grades or transcripts to the school to which the pupil has transferred;
Page 18
(iii) at the same time, notify the school district of any financial obligation of the pupil and request the
withholding of the pupil's grades, diploma, or transcripts until any obligations are met;
(iv) when the pupil or the pupil's parent or guardian satisfies the obligation, inform the school district to
which the pupil has transferred; and
(v) adopt a policy regarding a process for a pupil or the pupil's parent or guardian to appeal the school
district's decision to request that another school district withhold a pupil's grades, diploma, or
transcripts.

Page 19

STATUTES
20-5-104. Attendance officer.
In order to enforce the compulsory attendance provisions of this title, each district shall have at least one
person serving as an attendance officer according to the following requirements:
(1) districts of the first and second class shall employ and appoint one or more attendance officers;
(2) districts of the third class may employ and appoint an attendance officer or may appoint a constable or
other peace officer as an attendance officer; or
(3) the county superintendent shall be the attendance officer in third-class districts that do not appoint an
attendance officer.
(1) must be vested with police powers, the authority to serve warrants, and the authority to enter places of
employment of children in order to enforce the compulsory attendance provisions of this title;
(2) shall take into custody any child subject to compulsory attendance who is not excused under the
provisions of this title and conduct the child to the school in which the child is or should be enrolled;
(3) shall do whatever else is required to investigate and enforce the compulsory attendance provisions of
this title and the pupil attendance policies of the trustees;
(4) shall institute proceedings against any parent, guardian, or other person violating the compulsory
attendance provisions of this title;
in the manner and to whomever the trustees designate; and
(6) shall perform any other duties prescribed by the trustees to preserve the morals and secure good
conduct of the pupils of the district.
20-5-106. Truancy.
(2) If convicted, the person shall be fined not less than $5 or more than $20. In the alternative, the person
may be required to give bond in the penal sum of $100, with sureties, conditioned upon the person's
agreement to cause the enrollment of the child within 2 days in a school providing the courses of
instruction required by this title and to cause the child to attend that school for the remainder of the
current school term. If a person refuses to pay a fine and costs or to give a bond as ordered by the court,
the person shall be imprisoned in the county jail for a term of not less than 10 days or more than 30 days.
Page 20
20-5-107. Incapacitated and indigent child attendance.

In lieu of the provisions of 20-5-106 and when an attendance officer is satisfied that a pupil or a child
subject to compulsory attendance is not able to attend school because the child does not have the
physical capacity or the child is absolutely required to work at home or elsewhere in order to provide
support for the child or the child's family, the attendance officer shall report the case to the authorities
charged with the relief of the poor. The welfare authorities shall offer relief that will enable the child to
attend school. If the parent, guardian, or other person who is responsible for the care of the child denies
or neglects the assistance offered to enable the child to attend school, the child must be committed to a
state institution, at the discretion of the court.

Page 21

Page 22
Other/Uncategorized
STATUTES
more than $500.
(8) A person named as a defendant in an action brought under this section may assert as an affirmative
defense that the use of physical restraint was reasonable or necessary. If that defense is denied by the
person bringing the charge, the issue of whether the restraint used was reasonable or necessary must be
determined by the trier of fact.

Other/Uncategorized
STATUTES
20-5-502. Enrollment by caretaker relative -- residency -- affidavit.
(3) If the child was subject to formal disciplinary action, including suspension or expulsion, at the child's
previous school, the school district in which the caretaker relative seeks to enroll the child may either
implement the previous school district's disciplinary action without further due process or hold a hearing
and determine whether the student's conduct in the previous school district merits denial of enrollment. If
the district decides to enroll the child, then the school district may require the child to comply with a
behavior contract as a condition of enrollment.
Page 23

School Discipline
resources provided by Montana provide additional context to state policy and regulations and, in some
Title
Description
Bullying, Intimidation,
and Harassment
Prevention School Policy
Provides background and discussion

regarding the need for school policy and
procedures to prevent bullying,
intimidation and harassment in schools.
http://opi.mt.gov/pdf/safeschools/
BullyingPolicy.pdf
Model policy for School

Districts on Harassment,
Intimidation, and Bullying
For all schools to use to help them

revise and edit their current policies.
http://www.opi.mt.gov/pdf/safesch
ools/ModelBullyingPolicy.pdf
Website
found
Documents
Other Resources
found
Page 24
Nebraska
Discipline Laws and
Regulations
Introduction
document.
Notes & Disclaimers

Prepared by:
Child Trends
Suite 1200W
Suite 110
Table of Contents
Nebraska State Codes Cited ...................................................................................................................... 1
Scope ........................................................................................................................................................ 4
Other weapons ........................................................................................................................................ 19
Substance use......................................................................................................................................... 25
Prevention ............................................................................................................................................... 28
Nebraska State Codes Cited

Nebraska Revised Statutes
Chapter 28. Crimes and Punishments
28-401.
Terms, defined
Chapter 53. Liquors

53-103.02.
Alcoholic liquor, defined
Chapter 79. Schools

79-201.
79-202.
79-203.
79-204.
79-205.
79-206.
79-207.
79-208.
79-209.
79-210.
79-257.
79-258.
79-259.
79-260.
79-261.
79-262.
79-263.
79-264.
79-265.
79-266.
79-266.01.
79-267.
79-268.
79-269.
79-270.
79-271.
79-272.
Compulsory education; attendance required; exceptions; reports required

Compulsory attendance; withdrawal of child from school; exempt from mandatory
attendance; exit interview; withdrawal form; validity; child at least sixteen years of age;
other enrollment options; later enrollment; effect; Commissioner of Education; duties
Compulsory attendance; necessarily employed children; permit
Compulsory attendance; necessarily employed children; continuation schools;
attendance required
Compulsory attendance; record of attendance; annual attendance reports; made where
Compulsory attendance; nonattendance lists; transmission to enforcement officers
Compulsory attendance; entry or withdrawal of student; teachers' attendance reports
Compulsory attendance; attendance officers; powers and duties; compensation
Compulsory attendance; nonattendance; school district; duties; remedial services;
enforcement
Violations; penalty
School board or board of education; emergency disciplinary actions; authorized
Administrative and teaching personnel; authorized actions
Student suspension, expulsion, or exclusion; not a violation of compulsory attendance;
compliance with other laws required
Notice; when given
School board or board of education; powers; delegation of authority
School board or board of education; rules and standards; establish; distribute and post
School district; policy regarding firearms; requirements
Student; exclusion; circumstances; emergency exclusion; procedure
Principal; suspend student; grounds; procedure; written statement; conference;
guidelines for completion of classwork
Pre-expulsion procedures; when; expelled student; alternative assignments; suspension
of enforcement; agreement between school boards; reinstatement; when; expungement
Expelled student; enrollment in public school; when
Student conduct constituting grounds for long-term suspension, expulsion, or mandatory
reassignment; enumerated; alternatives for truant or tardy students
Long-term suspension, expulsion, or mandatory reassignment; procedures; enumerated
Long-term suspension, expulsion, or mandatory reassignment; hearing; procedure;
hearing examiner; how designated; examination of records
Hearing examiner; duties
Hearing; not requested within five days; recommended punishment; effect
Hearing; requested within thirty days; effect
Nebraska Compilation of School Discipline Laws and Regulations
Page 1
79-273.
79-275.
79-276.
79-277.
79-278.
79-279.
79-280.
79-281.
79-282.
79-283.
79-284.
79-285.
79-286.
79-287.
79-288.
79-289.
79-290.
79-291.
79-292.
79-293.
79-295.
79-296.
79-2101.
79-2102.
79-2103.
79-2104.
79-2105.
79-2137.
79-2141.
Hearing; by whom attended; witnesses; student excluded; when

Hearing; student; testimony
Hearing; evidence on student's conduct and records
Hearing; rules of evidence or courtroom procedures; not applicable
Hearing; witnesses; testimony; cross-examination
Hearing; witnesses; immunity
Hearing; recorded; how paid
Hearing; joint hearing; separate hearings; when
Hearing; hearing examiner; report; contents; review; final disposition; how determined
Hearing; final disposition; written notice; effect; period of expulsion; review; when;
procedure; readmittance
Case record; contents
Hearing; appeal to school board or board of education; procedure
Hearing; appeal; school board or board of education; powers and duties
Hearing; appeal; board; final action
Final decision; judicial review; appeal to district court; other relief
Judicial review; procedure
Judicial review; transcript of record and proceedings; responsive pleading not required
Judicial review; conducted without a jury; grounds for judicial action
Appeal
Nebraska criminal code violation; principal or principal's designee; notify law enforcement
authorities; immunity
Corporal punishment; prohibited
Anabolic steroids; additional sanction
Public schools; membership in secret organizations, prohibited
Public schools; secret organizations; denial of school privileges; expulsion
Public schools; outside organizations; rushing prohibited; violation; penalty
Access to school files or records; limitation; fees; disciplinary material; removed and
destroyed; when
School files or records; provided upon student's transfer
School district; development and adoption of bullying prevention and education policy;
review
Model dating violence policy; department; school district; duties; publication; staff training;
redress under other law
Nebraska Administrative Code

Title 92. Nebraska Department of Education
Chapter 17. Approval of Alternative Schools, Classes, or Programs for Expelled Students
Page 2
General Provisions
STATUTES
R.R.S. Neb. 79-257. School board or board of education; emergency disciplinary actions;
authorized.
The school board or board of education may authorize the emergency exclusion, short-term or long-term
suspension, expulsion, or mandatory reassignment of any pupil from school for conduct prohibited by the
board's rules or standards established pursuant to the Student Discipline Act if such emergency
exclusion, short-term or long-term suspension, expulsion, or mandatory reassignment complies with the
procedures required by the act.
R.R.S. Neb. 79-258. Administrative and teaching personnel; authorized actions.
Administrative and teaching personnel may take actions regarding student behavior, other than those
specifically provided in the Student Discipline Act, which are reasonably necessary to aid the student,
further school purposes, or prevent interference with the educational process. Such actions may include,
but need not be limited to, counseling of students, parent conferences, rearrangement of schedules,
requirements that a student remain in school after regular hours to do additional work, restriction of
extracurricular activity, or requirements that a student receive counseling, psychological evaluation, or
psychiatric evaluation upon the written consent of a parent or guardian to such counseling or evaluation.
R.R.S. Neb. 79-261. School board or board of education; powers; delegation of authority.
(1) The school board or board of education may by rule amplify, supplement, or extend the procedures
provided in the Student Discipline Act if such actions are not inconsistent with the act.
(2) Any action taken by the school board or board of education or by its employees or agents in a material
violation of the act shall be considered null, void, and of no effect.
(3) The school board or board of education may authorize the delegation to other school officials of
responsibilities directed to the principal or superintendent by the act.
R.R.S. Neb. 79-262. School board or board of education; rules and standards; establish;
distribute and post.
(1) The school board or board of education shall establish and promulgate rules and standards
concerning student conduct which are reasonably necessary to carry out or to prevent interference with
carrying out any educational function, if such rules and standards are clear and definite so as to provide
clear notice to the student and his or her parent or guardian as to the conduct prescribed, prohibited, or
required under the rules and standards. Notwithstanding any other provisions contained in the Student
Discipline Act, the school board or board of education may by rule specify a particular action as a
sanction for particular conduct. Any such action must be otherwise authorized by section 79-258, 79-265,
or 79-267. Any such rule shall be binding on all students, school officials, board members, and hearing
examiners. Expulsion may be specified as a sanction for particular conduct only if the school board or
board of education finds that the type of conduct for which expulsion is specified has the potential to
seriously affect the health, safety, or welfare of the student, other students, staff members, or any other
person or to otherwise seriously interfere with the educational process.
Page 3
(2) All rules and standards established by school officials, other than the board, applicable to students
shall not conflict with rules and standards adopted by the board. The board may change any rule or
standard in accordance with policies which it may from time to time adopt.
R.R.S. Neb. 79-263. School district; policy regarding firearms; requirements.
(1) Each school district shall adopt a policy requiring the expulsion from school for a period of not less
than one year of any student who is determined to have knowingly and intentionally possessed, used, or
transmitted a firearm on school grounds, in a vehicle owned, leased, or contracted by a school being
used for a school purpose or in a vehicle being driven for a school purpose by a school employee or his
or her designee, or at a school-sponsored activity or athletic event. For purposes of this section, firearm
means a firearm as defined in 18 U.S.C. 921. The policy shall authorize the superintendent or the school
board or board of education to modify the expulsion requirement on an individual basis.
(2) Each school district shall provide annually to the State Department of Education:
(a) An assurance that the school district has in effect the policy required by subsection (1) of this
section; and
(b) A description of the circumstances surrounding any expulsions imposed under the policy required by
subsection (1) of this section, including:
(i) The name of the school concerned;
(ii) The number of students expelled from the school; and
(iii) The types of weapons concerned.
R.R.S. Neb. 79-2,137. School district; development and adoption of bullying prevention and
education policy; review.
(3) On or before July 1, 2009, each school district as defined in section 79-101 shall develop and adopt a
policy concerning bullying prevention and education for all students.
(4) The school district shall review the policy annually.
R.R.S. Neb. 79-2,141. Model dating violence policy; department; school district; duties;
publication; staff training; redress under other law.
(1) On or before March 1, 2010, the department shall develop and adopt a model dating violence policy to
assist school districts in developing policies for dating violence.
(2) On or before July 1, 2010, each school district shall develop and adopt a specific policy to address
incidents of dating violence involving students at school, which shall be made a part of the requirements
for accreditation in accordance with section 79-703. Such policy shall include a statement that dating
violence will not be tolerated. []
Scope
STATUTES
R.R.S. Neb. 79-267. Student conduct constituting grounds for long-term suspension, expulsion,
or mandatory reassignment; enumerated; alternatives for truant or tardy students.
[...] student conduct shall constitute grounds for long-term suspension, expulsion, or mandatory
reassignment, subject to the procedural provisions of the Student Discipline Act, when such activity
occurs on school grounds, in a vehicle owned, leased, or contracted by a school being used for a school
purpose or in a vehicle being driven for a school purpose by a school employee or by his or her designee,
or at a school-sponsored activity or athletic event [...]
Page 4
STATUTES
R.R.S. Neb. 79-260. Notice; when given.
Any statement, notice, recommendation, determination, or similar action specified in the Student
Discipline Act shall be effectively given at the time written evidence thereof is delivered personally to or
upon receipt of certified or registered mail or upon actual knowledge by a student or his or her parent or
guardian.
(1) The school board or board of education shall establish and promulgate rules and standards
concerning student conduct which are reasonably necessary to carry out or to prevent interference with
carrying out any educational function, if such rules and standards are clear and definite so as to provide
clear notice to the student and his or her parent or guardian as to the conduct prescribed, prohibited, or
required under the rules and standards.[...]
(3) Rules or standards which form the basis for discipline shall be distributed to each student and his or
her parent or guardian at the beginning of each school year, or at the time of enrollment if during the
school year, and shall be posted in conspicuous places in each school during the school year. Changes
in rules and standards shall not take effect until reasonable effort has been made to distribute such
changes to each student and his or her parent or guardian.
(3) To ensure notice of a school district's dating violence policy, the policy shall be published in any
school district handbook, manual, or similar publication that sets forth the comprehensive rules,
procedures, and standards of conduct for students at school.
(5) Each school district shall inform the students' parents or legal guardians of the school district's dating
violence policy. If requested, the school district shall provide the parents or legal guardians a copy of the
school district's dating violence policy and relevant information.
Page 5

STATUTES
(1) It is the intent of the Legislature that alternatives to suspension or expulsion be imposed against a
student who is truant, tardy, or otherwise absent from required school activities.

STATUTES
R.R.S. Neb. 79-295. Corporal punishment; prohibited.
Corporal punishment shall be prohibited in public schools.


Page 6

STATUTES
R.R.S. Neb. 79-264. Student; exclusion; circumstances; emergency exclusion; procedure.
(1) Any student may be excluded from school in the following circumstances, subject to the procedural
provisions of section 79-265, and, if longer than five school days, subject to the provisions of subsection
(3) of this section:
(a) If the student has a dangerous communicable disease transmissible through normal school contacts
and poses an imminent threat to the health or safety of the school community; or
(b) If the student's conduct presents a clear threat to the physical safety of himself, herself, or others, or
is so extremely disruptive as to make temporary removal necessary to preserve the rights of other
students to pursue an education.
R.R.S. Neb. 79-265. Principal; suspend student; grounds; procedure; written statement;
conference; guidelines for completion of classwork.
(1) The principal may deny any student the right to attend school or to take part in any school function for
a period of up to five school days on the following grounds:
(a) Conduct constituting grounds for expulsion as set out in the Student Discipline Act; or
(b) Any other violation of rules and standards of behavior adopted under the act.
The following student conduct shall constitute grounds for long-term suspension, expulsion, or mandatory
or at a school-sponsored activity or athletic event:
(1) Use of violence, force, coercion, threat, intimidation, or similar conduct in a manner that constitutes a
substantial interference with school purposes;
(2) Willfully causing or attempting to cause substantial damage to property, stealing or attempting to
steal property of substantial value, or repeated damage or theft involving property;
(3) Causing or attempting to cause personal injury to a school employee, to a school volunteer, or to
any student. Personal injury caused by accident, self-defense, or other action undertaken on the
reasonable belief that it was necessary to protect some other person shall not constitute a violation of
this subdivision;
(4) Threatening or intimidating any student for the purpose of or with the intent of obtaining money or
anything of value from such student;
(5) Knowingly possessing, handling, or transmitting any object or material that is ordinarily or generally
considered a weapon;
Page 7
(6) Engaging in the unlawful possession, selling, dispensing, or use of a controlled substance or an
imitation controlled substance, as defined in section 28-401, a substance represented to be a controlled
substance, or alcoholic liquor as defined in section 53-103.02 or being under the influence of a
controlled substance or alcoholic liquor;
(7) Public indecency as defined in section 28-806, except that this subdivision shall apply only to
students at least twelve years of age but less than nineteen years of age;
(8) Engaging in bullying as defined in section 79-2,137;
(9) Sexually assaulting or attempting to sexually assault any person if a complaint has been filed by a
prosecutor in a court of competent jurisdiction alleging that the student has sexually assaulted or
attempted to sexually assault any person, including sexual assaults or attempted sexual assaults which
occur off school grounds not at a school function, activity, or event. For purposes of this subdivision,
sexual assault means sexual assault in the first degree as defined in section 28-319, sexual assault in
the second degree as defined in section 28-320, sexual assault of a child in the second or third degree
as defined in section 28-320.01, or sexual assault of a child in the first degree as defined in section 28319.01, as such sections now provide or may hereafter from time to time be amended;
(10) Engaging in any other activity forbidden by the laws of the State of Nebraska which activity
constitutes a danger to other students or interferes with school purposes; or
(11) A repeated violation of any rules and standards validly established pursuant to section 79-262 if
such violations constitute a substantial interference with school purposes.

STATUTES

STATUTES
R.R.S. Neb. 79-259. Student suspension, expulsion, or exclusion; not a violation of compulsory
attendance; compliance with other laws required.
If a student is suspended, expelled, or excluded from school or from any educational function pursuant to
the Student Discipline Act, such absence from school shall not be deemed a violation on the part of any
person under any compulsory school attendance statutes. Any suspension or expulsion under the act
shall comply with the requirements of the Special Education Act and the requirements of the federal
Individuals with Disabilities Education Act, 20 U.S.C. 1401 et seq.
Page 8
(1) [...] Expulsion may be specified as a sanction for particular conduct only if the school board or board of
education finds that the type of conduct for which expulsion is specified has the potential to seriously
affect the health, safety, or welfare of the student, other students, staff members, or any other person or
to otherwise seriously interfere with the educational process.
(2) Any emergency exclusion shall be based upon a clear factual situation warranting it and shall last not
longer than is necessary to avoid the dangers described in subsection (1) of this section.
(2) Such short-term suspension shall be made only after the principal has made an investigation of the
alleged conduct or violation and has determined that such suspension is necessary to help any student,
to further school purposes, or to prevent an interference with school purposes.
R.R.S. Neb. 79-266. Pre-expulsion procedures; when; expelled student; alternative assignments;
suspension of enforcement; agreement between school boards; reinstatement; when;
expungement.
(3) A school district that has expelled a student may suspend the enforcement of such expulsion unless
the expulsion was required by subsection (4) of section 79-283. The suspension may be for a period not
to exceed the length of the expulsion. As a condition of such suspended action, the school district may
require participation in a plan pursuant to subsection (2) of this section or assign the student to a school,
class, or educational program which the school district deems appropriate.
At the conclusion of such suspension period, the school district shall (a) reinstate any student who has
satisfactorily participated in a plan pursuant to subsection (2) of this section or the school, class, or
educational program to which such student has been assigned and permit the student to return to the
school of former attendance or to attend other programs offered by the district or (b) if the student's
conduct has been unsatisfactory, enforce the remainder of the expulsion action.
If the student is reinstated, the district may also take action to expunge the record of the expulsion action.
R.R.S. Neb. 79-283. Hearing; final disposition; written notice; effect; period of expulsion; review;
when; procedure; readmittance.
(2) Except as provided in subsections (3) and (4) of this section, the expulsion of a student shall be for a
period not to exceed the remainder of the semester in which it took effect unless the misconduct occurred
(a) within ten school days prior to the end of the first semester, in which case the expulsion shall remain
in effect through the second semester, or
(b) within ten school days prior to the end of the second semester, in which case the expulsion shall
remain in effect for summer school and the first semester of the following school year subject to the
provisions of subsection (5) of this section.
Such action may be modified or terminated by the school district at any time during the expulsion period.
(3) The expulsion of a student for
(a) the knowing and intentional use of force in causing or attempting to cause personal injury to a
school employee, school volunteer, or student except as provided in subdivision (3) of section 79-267
or
Page 9
(b) the knowing and intentional possession, use, or transmission of a dangerous weapon, other than a
firearm,
shall be for a period not to exceed the remainder of the school year in which it took effect if the
misconduct occurs during the first semester. If the expulsion takes place during the second semester, the
expulsion shall remain in effect for summer school and may remain in effect for the first semester of the
following school year.
Such action may be modified or terminated by the school district at any time during the expulsion period.

STATUTES
(3) If the superintendent or his or her designee determines that such emergency exclusion shall extend
beyond five days, the school board shall adopt a procedure for a hearing to be held and a final
determination made within ten school days after the initial date of exclusion. Such procedure shall
substantially comply with the provisions of sections 79-266 to 79-287, and such provisions shall be
modified only to the extent necessary to accomplish the hearing and determination within this shorter time
period.
(3) Before such short-term suspension takes effect, the student shall be given oral or written notice of the
charges against him or her, an explanation of the evidence the authorities have, and an opportunity to
present his or her version.
(4) Within twenty-four hours or such additional time as is reasonably necessary following such
suspension, the principal shall send a written statement to the student and his or her parent or guardian
describing the student's conduct, misconduct, or violation of the rule or standard and the reasons for the
action taken. The principal shall make a reasonable effort to hold a conference with the parent or
guardian before or at the time the student returns to school.
(5) Any student who is suspended pursuant to this section may be given an opportunity to complete any
class work, including, but not limited to, examinations, missed during the period of suspension. Each
public school district shall develop and adopt guidelines stating the criteria school officials shall use in
determining whether and to what extent such opportunity for completion will be granted to suspended
students. The guidelines shall be provided to the student and parent or guardian at the time of
suspension.
R.R.S. Neb. 79-268. Long-term suspension, expulsion, or mandatory reassignment; procedures;
enumerated.
If a principal makes a decision to discipline a student by long-term suspension, expulsion, or mandatory
reassignment, the following procedures shall be followed:
(1) On the date of the decision, a written charge and a summary of the evidence supporting such charge
shall be filed with the superintendent. The school shall, within two school days after the decision, send
written notice by registered or certified mail to the student and his or her parent or guardian informing
them of the rights established under the Student Discipline Act;
(2) Such written notice shall include the following:
Page 10
(a) The rule or standard of conduct allegedly violated and the acts of the student alleged to constitute a
cause for long-term suspension, expulsion, or mandatory reassignment, including a summary of the
evidence to be presented against the student;
(b) The penalty, if any, which the principal has recommended in the charge and any other penalty to
which the student may be subject;
(c) A statement that, before long-term suspension, expulsion, or mandatory reassignment for
disciplinary purposes can be invoked, the student has a right to a hearing, upon request, on the
specified charges;
(d) A description of the hearing procedures provided by the act, along with procedures for appealing
any decision rendered at the hearing;
(e) A statement that the principal, legal counsel for the school, the student, the student's parent, or the
student's representative or guardian has the right (i) to examine the student's academic and disciplinary
records and any affidavits to be used at the hearing concerning the alleged misconduct and (ii) to know
the identity of the witnesses to appear at the hearing and the substance of their testimony; and
(f) A form on which the student, the student's parent, or the student's guardian may request a hearing,
to be signed by such parties and delivered to the principal or superintendent in person or by registered
or certified mail as prescribed in sections 79-271 and 79-272; and
(3) When a notice of intent to discipline a student by long-term suspension, expulsion, or mandatory
reassignment is filed with the superintendent, the student may be suspended by the principal until the
date the long-term suspension, expulsion, or mandatory reassignment takes effect if no hearing is
requested or, if a hearing is requested, the date the hearing examiner makes the report of his or her
findings and a recommendation of the action to be taken to the superintendent, if the principal determines
that the student must be suspended immediately to prevent or substantially reduce the risk of (a)
interference with an educational function or school purpose or (b) a personal injury to the student himself
or herself, other students, school employees, or school volunteers.
The Student Discipline Act does not preclude the student or the student's parent, guardian, or
representative from discussing and settling the matter with appropriate school personnel prior to the
hearing stage.
R.R.S. Neb. 79-269. Long-term suspension, expulsion, or mandatory reassignment; hearing;
procedure; hearing examiner; how designated; examination of records.
(1) If a hearing is requested within five school days after receipt of the notice as provided in section 79268, the superintendent shall appoint a hearing examiner who shall, within two school days after being
appointed, give written notice to the principal, the student, and the student's parent or guardian of the time
and place for the hearing.
(2) The hearing examiner shall be any person designated by the school district's superintendent, school
board or board of education, or counsel, if such person (a) has not brought the charges against the
student, (b) shall not be a witness at the hearing, and (c) has no involvement in the charge.
(3) The hearing shall be scheduled within a period of five school days after it is requested, but such time
may be changed by the hearing examiner for good cause. No hearing shall be held upon less than two
school days' actual notice to the principal, the student, and the student's parent or guardian, except with
the consent of all the parties.
(4) The principal or legal counsel for the school, the student, and the student's parent, guardian, or
representative have the right to examine the records and written statements referred to in the Student
Discipline Act as well as the statement of any witness in the possession of the school board or board of
education at a reasonable time prior to the hearing.
Page 11
R.R.S. Neb. 79-270. Hearing examiner; duties.

In addition to the other duties provided in the Student Discipline Act, the hearing examiner shall remain
impartial throughout all deliberations. The hearing examiner shall be available prior to any hearing held
pursuant to the act to answer any questions the principal, the student, or the student's parent or guardian
may have regarding the nature and conduct of the hearing.
R.R.S. Neb. 79-271. Hearing; not requested within five days; recommended punishment; effect.
If a hearing is not requested under sections 79-268 and 79-269 by the student or the student's parent or
guardian within five school days following receipt of the written notice, the punishment recommended in
the charge by the principal or his or her designee shall automatically go into effect upon the fifth school
day following receipt of the written notice by the student or his or her parent or guardian as required in
section 79-268.
R.R.S. Neb. 79-272. Hearing; requested within thirty days; effect.
If a hearing is requested under sections 79-268 and 79-269 more than five school days but not more than
thirty calendar days following the actual receipt of written notice, the hearing shall be held but the
imposed punishment shall continue in effect pending final determination.
R.R.S. Neb. 79-273. Hearing; by whom attended; witnesses; student excluded; when.
Any hearing conducted pursuant to the Student Discipline Act shall be attended by the hearing examiner,
the student, the student's parent or guardian, the student's representative, if any, and counsel for the
school board or board of education, if the hearing examiner or the superintendent deems it advisable.
Witnesses shall be present only when they are giving information at the hearing. The student may be
excluded in the discretion of the hearing examiner at times when the student's psychological evaluation or
emotional problems are being discussed. The student's representative may be an attorney. The hearing
examiner may exclude anyone from the hearing when his or her actions substantially disrupt an orderly
hearing.
R.R.S. Neb. 79-275. Hearing; student; testimony.
At a hearing requested under sections 79-268 and 79-269, the student may speak in his or her own
defense and may be questioned on his or her testimony, but he or she may choose not to testify and, in
such case, shall not be threatened with punishment nor be later punished for refusal to testify.
R.R.S. Neb. 79-276. Hearing; evidence on student's conduct and records.
At a hearing requested under sections 79-268 and 79-269, the principal shall present to the hearing
examiner statements, in affidavit form, of any person having information about the student's conduct and
the student's records but not unless such statements and records have been made available to the
student or the student's parent, guardian, or representative prior to the hearing. The information contained
in such records shall be explained and interpreted, prior to or at the hearing, to the student, parent,
guardian, or representative, upon request, by appropriate school personnel.
R.R.S. Neb. 79-277. Hearing; rules of evidence or courtroom procedures; not applicable.
In conducting the hearing requested under sections 79-268 and 79-269, the hearing examiner shall not
be bound by the rules of evidence or any other courtroom procedure.
R.R.S. Neb. 79-278. Hearing; witnesses; testimony; cross-examination.
(1) The student, the student's parent, guardian, or representative, the principal, or the hearing examiner
may ask witnesses to testify at the hearing requested under sections 79-268 and 79-269. Such testimony
shall be under oath, and the hearing examiner shall be authorized to administer the oath. The hearing
Page 12
examiner shall make reasonable effort to assist the student or the student's parent, guardian, or
representative in obtaining the attendance of witnesses.
(2) The student, the student's parent, guardian, or representative, the principal, or the hearing examiner
has the right to question any witness giving information at the hearing.
R.R.S. Neb. 79-279. Hearing; witnesses; immunity.
Any person giving evidence by written statement or in person at a hearing requested under sections 79268 and 79-269 shall be given the same immunity from liability as a person testifying in a court case.
R.R.S. Neb. 79-280. Hearing; recorded; how paid.
The proceedings of the hearing requested under sections 79-268 and 79-269 shall be recorded at the
expense of the school district.
R.R.S. Neb. 79-281. Hearing; joint hearing; separate hearings; when.
(1) When more than one student is charged with violating the same rule and having acted in concert and
when the facts are substantially the same for all such students, a single hearing requested under sections
79-268 and 79-269 may be conducted for such students as a group if the hearing examiner believes that
a single hearing is not likely to result in confusion and that no student shall have his or her interests
substantially prejudiced by a single hearing.
(2) If during the conduct of the hearing the hearing examiner finds that a student's interests will be
substantially prejudiced by a group hearing or that the hearing is resulting in confusion, the hearing
examiner may order a separate hearing for any student.
R.R.S. Neb. 79-282. Hearing; hearing examiner; report; contents; review; final disposition; how
determined.
(1) After a hearing requested under sections 79-268 and 79-269, a report shall be made by the hearing
examiner of his or her findings and a recommendation of the action to be taken, which report shall
explain, in terms of the needs of both the student and the school board, the reasons for the particular
action recommended. Such recommendation may range from no action, through the entire field of
counseling, to long-term suspension, expulsion, mandatory reassignment, or an alternative educational
placement under section 79-266.
(2) A review shall be made of the hearing examiner's report by the superintendent, who may change,
revoke, or impose the sanction recommended by the hearing examiner but shall not impose a sanction
more severe than that recommended by the hearing examiner.
(3) The findings and recommendations of the hearing examiner, the determination by the superintendent,
and any determination on appeal to the governing body, shall be made solely on the basis of the
evidence presented at the hearing or, in addition, on any evidence presented on appeal.
(1) Written notice of the findings and recommendations of the hearing examiner and the determination of
the superintendent under section 79-282shall be made by certified or registered mail or by personal
delivery to the student or the student's parent or guardian. Upon receipt of such written notice by the
student, parent, or guardian, the determination of the superintendent shall take immediate effect.
(2) Except as provided in subsections (3) and (4) of this section, the expulsion of a student shall be for a
period not to exceed the remainder of the semester in which it took effect unless the misconduct occurred
(a) within ten school days prior to the end of the first semester, in which case the expulsion shall remain
in effect through the second semester, or (b) within ten school days prior to the end of the second
Page 13
semester, in which case the expulsion shall remain in effect for summer school and the first semester of
the following school year subject to the provisions of subsection (5) of this section. Such action may be
modified or terminated by the school district at any time during the expulsion period.
(3) The expulsion of a student for (a) the knowing and intentional use of force in causing or attempting to
cause personal injury to a school employee, school volunteer, or student except as provided in
subdivision (3) of section 79-267 or (b) the knowing and intentional possession, use, or transmission of a
dangerous weapon, other than a firearm, shall be for a period not to exceed the remainder of the school
year in which it took effect if the misconduct occurs during the first semester. If the expulsion takes place
during the second semester, the expulsion shall remain in effect for summer school and may remain in
effect for the first semester of the following school year. Such action may be modified or terminated by the
school district at any time during the expulsion period.
(4) The expulsion of a student for the knowing and intentional possession, use, or transmission of a
firearm, which for purposes of this section means a firearm as defined in 18 U.S.C. 921 as of January 1,
1995, shall be for a period as provided by the school district policy adopted pursuant to section79-263.
This subsection shall not apply to (a) the issuance of firearms to or possession of firearms by members of
the Reserve Officers Training Corps when training or (b) firearms which may lawfully be possessed by the
person receiving instruction under the immediate supervision of an adult instructor who may lawfully
possess firearms.
(5) Any expulsion that will remain in effect during the first semester of the following school year shall be
automatically scheduled for review before the beginning of the school year. The review shall be
conducted by the hearing examiner after the hearing examiner has given notice of the review to the
student and the student's parent or guardian. This review shall be limited to newly discovered evidence or
evidence of changes in the student's circumstances occurring since the original hearing. This review may
lead to a recommendation by the hearing examiner that the student be readmitted for the upcoming
school year. If the school board or board of education or a committee of such board took the final action
to expel the student, the student may be readmitted only by action of the board. Otherwise the student
may be readmitted by action of the superintendent.
R.R.S. Neb. 79-284. Case record; contents.
The record in a case under the Student Discipline Act shall consist of the charge, the notice, the evidence
presented, the hearing examiner's findings and recommendations, and the action of the superintendent.
With respect to any appeal to a court or any subsequent appeal, the record shall consist, in addition, of
any additional evidence taken and any additional action taken in the case.
R.R.S. Neb. 79-285. Hearing; appeal to school board or board of education; procedure.
(1) The student or the student's parent or guardian may, within seven school days following receipt of the
written notice of the determination of the superintendent under section 79-282, appeal the
superintendent's determination to the school board or board of education by a written request which shall
be filed with the secretary of the board or with the superintendent.
(2) A hearing shall be held before the school board or the board of education within a period of ten school
days after it is requested, and such time for a hearing may be changed by mutual agreement of the
student and superintendent, except that the hearing may be held before a committee of the school board
or board of education of not less than three members. Such appeal shall be made on the record, except
that new evidence may be admitted to avoid a substantial threat of unfairness and such new evidence
shall be recorded as provided in section 79-280.
Page 14
R.R.S. Neb. 79-286. Hearing; appeal; school board or board of education; powers and duties.
(1) After examining the record and taking new evidence pursuant to section 79-285, if any, the school
board or board of education or the designated committee thereof may withdraw to deliberate privately
upon such record and new evidence. Any such deliberation shall be held in the presence only of board
members in attendance at the appeal proceeding but may be held in the presence of legal counsel who
has not previously acted as the designee of the principal in presenting the school's case before the
hearing examiner.
(2) If any questions arise during such deliberations which require additional evidence, the deliberating
body may reopen the hearing to receive such evidence, subject to the right of all parties to be present.
(3) The board may alter the superintendent's disposition of the case if it finds the decision to be too
severe but may not impose a more severe sanction.
R.R.S. Neb. 79-287. Hearing; appeal; board; final action.
The final action of the board under section 79-286 shall be evidenced by personally delivering or mailing
by certified mail a copy of the board's decision to the student and his or her parent or guardian.
R.R.S. Neb. 79-288. Final decision; judicial review; appeal to district court; other relief.
Any person aggrieved by a final decision in a contested case under the Student Discipline Act, whether
such decision is affirmative or negative in form, shall be entitled to judicial review under sections 79-288
to 79-292. Nothing in the act shall be deemed to prevent resort to other means of review, redress, or relief
provided by law.
R.R.S. Neb. 79-289. Judicial review; procedure.
(1) Proceedings for review under sections 79-288 to 79-292 shall be instituted by filing a petition in the
district court of the county where the action is taken within thirty days after the service of the final decision
by the school board or board of education under sections 79-286 and 79-287.
(2) All parties of record shall be made parties to the proceedings for review. The court, in its discretion,
may permit other interested persons to intervene.
(3) Summons shall be served as in other actions, except that a copy of the petition shall be served upon
the board together with the summons. Service of summons upon a duly elected officer of the board or the
appointed secretary of the board shall constitute service on the board.
(4) The filing of the petition or the service of summons upon the board shall not stay enforcement of a
decision, but the board may stay enforcement, or the court may order a stay after notice to such board of
application therefor and upon such terms as it deems proper.
(5) The court may require the party requesting such stay to give bond in such amount and condition as
the court may direct but only in cases involving injury or damage to person or property.
R.R.S. Neb. 79-290. Judicial review; transcript of record and proceedings; responsive pleading
not required.
Within fifteen days after service of the petition under section 79-289 or within such further time as the
court for good cause shown may allow, the school board or board of education shall prepare and transmit
to the court a certified transcript of the record which shall include the rules and regulations of the school
board relied upon by the school district in its determination to suspend, reassign, or expel the student and
the proceedings conducted before it, including the final decision sought to be reversed, vacated, or
modified. The school board need not file any responsive pleading.
Page 15
R.R.S. Neb. 79-291. Judicial review; conducted without a jury; grounds for judicial action.
(1) The review under sections 79-288 to 79-292 shall be conducted by the court without a jury on the
record.
(2) The court may affirm the decision of the school board or board of education, remand the case for
further proceedings, or reverse or modify the decision if the substantial rights of the petitioner may have
been prejudiced because the board's decision is:
(a) In violation of constitutional provisions;
(b) In excess of the statutory authority or jurisdiction of the board;
(c) Made upon unlawful procedure;
(d) Affected by other error of law;
(e) Unsupported by competent, material, and substantial evidence in view of the entire record as made
on review; or
(f) Arbitrary or capricious.
R.R.S. Neb. 79-292. Appeal.
An aggrieved party may secure a review of any final judgment of the district court under sections 79-288
to 79-291 by appeal as provided in the Administrative Procedure Act.
STATUTES

STATUTES
R.R.S. Neb. 79-266.01. Expelled student; enrollment in public school; when.
(1) If a student has been expelled from a public school in any school district in any state or from a private,
denominational, or parochial school in any state and the student has not completed the terms of the
expulsion, the student shall not be permitted to enroll in a public school in any school district until the
school board of the district in which enrollment is sought approves, by a majority vote, the enrollment of
the student. As a condition of enrollment, the school board may require attendance in an alternative
school, class, or educational program pursuant to section 79-266 until the terms of the expulsion are
completed. A student expelled from a private, denominational, or parochial school or from a school in
another state may not be prohibited from enrolling in a public school district in which the student resides
or in which the student has been accepted pursuant to the enrollment option program for any period of
time beyond the time limits placed on expulsion pursuant to the Student Discipline Act or for any
expulsion for an offense for which expulsion is not authorized for a public school student under the act.
expungement.
(3) A school district that has expelled a student may suspend the enforcement of such expulsion unless
the expulsion was required by subsection (4) of section 79-283. The suspension may be for a period not
to exceed the length of the expulsion. As a condition of such suspended action, the school district may
Page 16
require participation in a plan pursuant to subsection (2) of this section or assign the student to a school,
class, or educational program which the school district deems appropriate.
At the conclusion of such suspension period, the school district shall (a) reinstate any student who has
satisfactorily participated in a plan pursuant to subsection (2) of this section or the school, class, or
educational program to which such student has been assigned and permit the student to return to the
school of former attendance or to attend other programs offered by the district or (b) if the student's
conduct has been unsatisfactory, enforce the remainder of the expulsion action.
If the student is reinstated, the district may also take action to expunge the record of the expulsion action.

STATUTES
STATUTES
expungement.
(1) Beginning July 1, 1997, each school district shall have an alternative school, class, or educational
program or the procedures of subsection (2) of this section available or in operation for all expelled
students.
Any two or more school boards or boards of education may join together in providing alternative schools,
classes, or educational programs. Any district may by agreement with another district send its suspended
or expelled students to any alternative school, class, or educational program already in operation by such
other district. An educational program may include, but shall not be limited to, individually prescribed
educational and counseling programs or a community-centered classroom with experiences for the
student as an observer or aide in governmental functions, as an on-the-job trainee, or as a participant in
specialized tutorial experiences. Such programs shall include an individualized learning program to
enable the student to continue academic work for credit toward graduation. The State Department of
Education shall adopt and promulgate rules and regulations relating to alternative schools, classes, and
educational programs.
(2) If a district does not provide an alternative school, class, or educational program for expelled students,
the district shall follow the procedures in this subsection prior to expelling a student unless the expulsion
was required by subsection (4) of section 79-283: A conference shall be called by a school administrator
and held to assist the district in the development of a plan with the participation of a parent or legal
guardian, the student, a school representative, and a representative of either a community organization
with a mission of assisting young people or a representative of an agency involved with juvenile justice.
The plan shall be in writing and adopted by a school administrator and presented to the student and the
parent or legal guardian. The plan shall (a) specify guidelines and consequences for behaviors which
have been identified as preventing the student from achieving the desired benefits from the educational
opportunities provided, (b) identify educational objectives that must be achieved in order to receive credits
toward graduation, (c) specify the financial resources and community programs available to meet both the
educational and behavioral objectives identified, and (d) require the student to attend monthly reviews in
order to assess the student's progress toward meeting the specified goals and objectives.
Page 17
ADMINISTRATIVE CODE
Nebraska Admin. Code Title 92, Ch. 17 (2012)
001.03 The requirements of this rule are only applicable to alternative schools, classes, or programs
provided for expelled students or to procedures provided for expelled students in districts not providing
alternative schools, courses or programs.
003 Establishment and General Requirements of Alternative Schools, Classes, or Programs
003.01 Effective July 1, 1997, the school district shall provide an alternative school, class, or program or
shall carry out the procedures of Section 79-266 (2) found in Section 005 of this Rule for students who
have been expelled.
003.01A The alternative school, class, or program for expelled students may be provided by the district,
through a cooperative arrangement of two or more districts, or through an arrangement with an
educational service unit.
003.01B Alternative schools, classes, or programs for expelled students may include community-based
programs, home-based programs, specialized tutorial experiences, distance-learning, or other
programs approved by the local board of education.
003.01C The school, class, or program for expelled students shall enable the student to continue
academic work for credit, and shall also include the standard of student behavior and cooperation
required of the student to complete the alternative learning program.
003.01D If the student fails to meet any of the conditions of the learning program, the district may,
without further obligation, terminate the program after a due process hearing, as required in statutory
provisions for suspension and expulsion of students, unless waived by the parent or legal guardian.
003.02 The school district shall have a written policy or plan describing how credit is awarded to students
participating in alternative schools, classes, or programs for expelled students.
003.03 The school district shall make known to expelled students what alternative school(s), class(es), or
program(s) is (are) available. If the parent or guardian should refuse to participate, the district has no
further obligation with regard to provision of an alternative school, class, or program.
003.04 Teachers assigned to an alternative school, class, or program for expelled students being
provided on-site by a school district or an educational service unit shall hold a valid Nebraska Teaching or
Administrative Certificate issued pursuant to 92 NAC 21. Community-based or other off-site programs
shall be planned in cooperation with and monitored or supervised by a school district staff member
holding a Nebraska Teaching or Administrative Certificate issued pursuant to 92 NAC 21.
003.05 Alternative schools, classes, or programs for expelled students may be conducted at times other
than the regular school day.
Page 18

Conditions
STATUTES
section; and
(4) The expulsion of a student for the knowing and intentional possession, use, or transmission of a
firearm, which for purposes of this section means a firearm as defined in 18 U.S.C. 921 as of January 1,
1995, shall be for a period as provided by the school district policy adopted pursuant to section 79-263.
This subsection shall not apply to (a) the issuance of firearms to or possession of firearms by members of
the Reserve Officers Training Corps when training or (b) firearms which may lawfully be possessed by the
person receiving instruction under the immediate supervision of an adult instructor who may lawfully
possess firearms.
Other weapons
STATUTES
79-267. Student conduct constituting grounds for long-term suspension, expulsion, or mandatory
reassignment; enumerated; alternatives for truant or tardy students.
Page 19
(5) Knowingly possessing, handling, or transmitting any object or material that is ordinarily or generally
considered a weapon;[...]
(3) The expulsion of a student for (a) the knowing and intentional use of force in causing or attempting to
cause personal injury to a school employee, school volunteer, or student except as provided in
subdivision (3) of section 79-267 or (b) the knowing and intentional possession, use, or transmission of a
dangerous weapon, other than a firearm, shall be for a period not to exceed the remainder of the school
year in which it took effect if the misconduct occurs during the first semester. If the expulsion takes place
during the second semester, the expulsion shall remain in effect for summer school and may remain in
effect for the first semester of the following school year. Such action may be modified or terminated by the
school district at any time during the expulsion period.


STATUTES
R.R.S. Neb. 79-259. Student suspension, expulsion, or exclusion; not a violation of compulsory
attendance; compliance with other laws required.
If a student is suspended, expelled, or excluded from school or from any educational function pursuant to
the Student Discipline Act, such absence from school shall not be deemed a violation on the part of any
person under any compulsory school attendance statutes. Any suspension or expulsion under the act
shall comply with the requirements of the Special Education Act and the requirements of the federal
Individuals with Disabilities Education Act, 20 U.S.C. 1401 et seq.
R.R.S. Neb. 79-201. Compulsory education; attendance required; exceptions; reports required.
(1) For purposes of this section, a child is of mandatory attendance age if the child (a) will reach six years
of age prior to January 1 of the then-current school year and (b) has not reached eighteen years of age.
(2) Except as provided in subsection (3) of this section, every person residing in a school district within
the State of Nebraska who has legal or actual charge or control of any child who is of mandatory
attendance age or is enrolled in a public school shall cause such child to enroll in, if such child is not
enrolled, and attend regularly a public, private, denominational, or parochial day school which meets the
requirements for legal operation prescribed in Chapter 79, or a school which elects pursuant to section
79-1601 not to meet accreditation or approval requirements, each day that such school is open and in
session, except when excused by school authorities or when illness or severe weather conditions make
attendance impossible or impracticable.
(3) Subsection (2) of this section does not apply in the case of any child who:
Page 20
(a) Has obtained a high school diploma by meeting the graduation requirements established in section
79-729;
(b) Has completed the program of instruction offered by a school which elects pursuant to section 791601 not to meet accreditation or approval requirements;
(c) Has reached sixteen years of age and has been withdrawn from school pursuant to section 79-202;
(d) (i) Will reach six years of age prior to January 1 of the then-current school year, but will not reach
seven years of age prior to January 1 of such school year, (ii) such child's parent or guardian has
signed an affidavit stating that the child is participating in an education program that the parent or
guardian believes will prepare the child to enter grade one for the following school year, and (iii) such
affidavit has been filed by the parent or guardian with the school district in which the child resides;
(e) (i) Will reach six years of age prior to January 1 of the then-current school year but has not reached
seven years of age, (ii) such child's parent or guardian has signed an affidavit stating that the parent
or guardian intends for the child to participate in a school which has elected or will elect pursuant to
section 79-1601 not to meet accreditation or approval requirements and the parent or guardian
intends to provide the Commissioner of Education with a statement pursuant to subsection (3) of
section 79-1601 on or before the child's seventh birthday, and (iii) such affidavit has been filed by the
parent or guardian with the school district in which the child resides; or
(f) Will not reach six years of age prior to January 1 of the then-current school year and such child was
enrolled in a public school and has discontinued the enrollment according to the policy of the school
board adopted pursuant to subsection (4) of this section.
(4) The board shall adopt policies allowing discontinuation of the enrollment of students who will not reach
six years of age prior to January 1 of the then-current school year and specifying the procedures therefor.
(5) Each school district that is a member of a learning community shall report to the learning community
coordinating council on or before September 1 of each year for the immediately preceding school year the
(a) All reports of violations of this section made to the attendance officer of any school in the district
pursuant to section 79-209;
(b) The results of all investigations conducted pursuant to section 79-209, including the attendance
record that is the subject of the investigation and a list of services rendered in the case;
(c) The district's policy on excessive absenteeism; and
(d) Records of all notices served and reports filed pursuant to section 79-209 and the district's policy on
habitual truancy.
R.R.S. Neb. 79-202. Compulsory attendance; withdrawal of child from school; exempt from
mandatory attendance; exit interview; withdrawal form; validity; child at least sixteen years of age;
other enrollment options; later enrollment; effect; Commissioner of Education; duties.
(1) A person who has legal or actual charge or control of a child who is at least sixteen years of age but
less than eighteen years of age may withdraw such child from school before graduation and be exempt
from the mandatory attendance requirements of section 79-201 if an exit interview is conducted and the
withdrawal form is signed as required by subsections (2) through (5) of this section for a child enrolled in
a public, private, denominational, or parochial school or if a signed notarized release form is filed with the
Commissioner of Education as required by subsection (6) of this section for a child enrolled in a school
that elects pursuant to section 79-1601 not to meet accreditation or approval requirements.
(2) Upon the written request of any person who has legal or actual charge or control of a child who is at
least sixteen years of age but less than eighteen years of age, the superintendent of a school district or
the superintendent's designee shall conduct an exit interview if the child (a) is enrolled in a school
Page 21
operated by the school district or (b) resides in the school district and is enrolled in a private,
denominational, or parochial school.
(3) The superintendent or the superintendent's designee shall set the time and place for the exit interview
which shall be personally attended by: (a) The child, unless the withdrawal is being requested due to an
illness of the child making attendance at the exit interview impossible or impracticable; (b) the person who
has legal or actual charge or control of the child who requested the exit interview; (c) the superintendent
or the superintendent's designee; (d) the childs principal or the principal's designee if the child at the time
of the exit interview is enrolled in a school operated by the school district; and (e) any other person
requested by any of the required parties who agrees to attend the exit interview and is available at the
time designated for the exit interview which may include, but need not be limited to, other school district
personnel or the child's principal or such principal's designee if the child is enrolled in a private,
denominational, or parochial school.
(4) At the exit interview, the person making the written request pursuant to subsection (2) of this section
shall present evidence that (a) the person has legal or actual charge or control of the child and (b) the
child would be withdrawing due to either (i) financial hardships requiring the child to be employed to
support the child's family or one or more dependents of the child or (ii) an illness of the child making
attendance impossible or impracticable. The superintendent or superintendent's designee shall identify all
known alternative educational opportunities, including vocational courses of study, that are available to
the child in the school district and how withdrawing from school is likely to reduce potential future
earnings for the child and increase the likelihood of the child being unemployed in the future. Any other
relevant information may be presented and discussed by any of the parties in attendance.
(5) (a) At the conclusion of the exit interview, the person making the written request pursuant to
subsection (2) of this section may sign the withdrawal form provided by the school district agreeing to
the withdrawal of the child or may rescind the written request for the withdrawal.
(b) Any withdrawal form signed by the person making the written request pursuant to subsection (2) of
this section shall be valid only if (i) the child signs the form unless the withdrawal is being requested
due to an illness of the child making attendance at the exit interview impossible or impracticable and (ii)
the superintendent or superintendent's designee signs the form acknowledging that the interview was
held, the required information was provided and discussed at the interview, and, in the opinion of the
superintendent or the superintendent's designee, the person making the written request pursuant to
subsection (2) of this section does in fact have legal or actual charge or control of the child and the child
is experiencing either (A) financial hardships requiring the child to be employed to support the child's
family or one or more dependents of the child or (B) an illness making attendance impossible or
impracticable.
(6) A person who has legal or actual charge or control of the child who is at least sixteen years of age but
less than eighteen years of age may withdraw such a child before graduation and be exempt from the
mandatory attendance requirements of section 79-201 if such child has been enrolled in a school that
elects pursuant to section 79-1601 not to meet the accreditation or approval requirements by filing with
the State Department of Education a signed notarized release on a form prescribed by the Commissioner
of Education.
(7) A child who has been withdrawn from school pursuant to this section may enroll in a school district at
a later date as provided in section 79-215 or may enroll in a private, denominational, or parochial school
or a school which elects pursuant to section 79-1601 not to meet accreditation or approval requirements.
Any such enrollment shall void the withdrawal form previously entered, and the provisions of sections 79201 to 79-210 shall apply to the child.
(8) The Commissioner of Education shall prescribe the required form for withdrawals pursuant to this
section and determine and direct either that (a) withdrawal forms of school districts for any child who is
Page 22
withdrawn from school pursuant to this section and subdivision (3)(c) of section 79-201 shall be provided
annually to the State Department of Education or (b) data regarding such students shall be collected
under subsection (2) of section 79-528.
R.R.S. Neb. 79-203. Compulsory attendance; necessarily employed children; permit.
In case the services or earnings of a child are necessary for his or her own support or the support of
those actually dependent upon him or her and the child is fourteen years of age or more and not more
than sixteen years of age and has completed the work of the eighth grade, the person having legal or
actual charge of such child may apply to the superintendent of the primary high school district in which
the child resides or a person designated in writing by the superintendent. The superintendent or designee
may, in his or her discretion, issue a permit allowing such child to be employed.
R.R.S. Neb. 79-204. Compulsory attendance; necessarily employed children; continuation
schools; attendance required.
All children who are fourteen years of age or more and not more than sixteen years of age, who reside in
a school district in which a part-time continuation school is maintained by authority of the public school
district and who are granted permits to be employed under section 79-203, shall attend a public, private,
denominational, or parochial part-time continuation school eight hours of each week during the entire
school year.
R.R.S. Neb. 79-205. Compulsory attendance; record of attendance; annual attendance reports;
made where.
Each teacher in the public, private, denominational, and parochial schools of this state shall keep a record
showing (1) the name, age, and address of each child enrolled, (2) the number and county of the school
district in which the school is located, (3) the number of days each pupil was present and the number of
days absent, and (4) the cause of absence. On the third day on which the public, private, denominational,
and parochial schools are in session at the beginning of each school year, each teacher shall send to the
superintendent or administrator of the school a list of the pupils enrolled in his or her school with the age,
grade, and address of each.
R.R.S. Neb. 79-206. Compulsory attendance; nonattendance lists; transmission to enforcement
officers.
Each superintendent or administrator of a school district, upon the receipt of the list specified in section
79-205, shall (1) compare the names of the children enrolled with the last census report on file in his or
her office from such district, (2) prepare a list of all children resident in such district under his or her
jurisdiction who are not attending school as provided in section 79-201, and (3) transmit the list to the
officer or officers in such district whose duty it is to enforce the provisions of such section.
R.R.S. Neb. 79-207. Compulsory attendance; entry or withdrawal of student; teachers'
attendance reports.
Whenever any child enters or withdraws from any school after the third day in which school is in session,
the teacher shall transmit at once the name of such child to the superintendent as specified in section 79206 and the superintendent shall use such information in whatever way he or she deems necessary for
the purpose of enforcing section 79-201. At the end of each week each teacher shall report all absences
and the cause of absence to the proper superintendent. At the close of each period each teacher shall
transmit to the superintendent a report showing (1) the name, age, and address of each child enrolled, (2)
the number of half days each child was absent, (3) the number enrolled and the number attending on the
last day of the period, and (4) the average daily attendance for the period. The provisions of this section
requiring reports from each teacher shall not apply to individual teachers in schools employing more than
Page 23
one teacher but shall in such case apply to the head teacher, principal, or superintendent who shall obtain
the required information from the teachers under his or her supervision or control. All reports and lists
required in this section shall be upon blanks prescribed by the State Department of Education.
R.R.S. Neb. 79-208. Compulsory attendance; attendance officers; powers and duties;
compensation.
School boards shall appoint one or more attendance officers who shall be vested with police powers and
shall enforce the provisions of section 79-201 in the school districts for which they act. Attendance
officers shall be compensated for their services in such sums as are determined by the school board, to
be paid out of the general school fund of the district.
R.R.S. Neb. 79-209. Compulsory attendance; nonattendance; school district; duties; remedial
services; enforcement.
(1) In all school districts in this state, any superintendent, principal, teacher, or member of the school
board who knows of any violation of section 79-201 on the part of any child of school age, his or her
parent, the person in actual or legal control of such child, or any other person shall within three days
report such violation to the attendance officer of the school, who shall investigate the case. When of his or
her personal knowledge, by report or complaint from any resident of the district, or by report or complaint
as provided in this section, the attendance officer believes that any child is unlawfully absent from school,
the attendance officer shall immediately investigate.
(2) All school districts shall have a written policy on excessive absenteeism developed in collaboration
with the county attorney of the county in which the principal office of the school district is located. The
policy shall include a provision indicating how the school district and the county attorney will handle cases
in which excessive absences are due to documented illness that makes attendance impossible or
impracticable, and the policy shall state the number of absences or the hourly equivalent upon the
occurrence of which the school shall render all services in its power to compel such child to attend some
public, private, denominational, or parochial school, which the person having control of the child shall
designate, in an attempt to address the problem of excessive absenteeism. The number of absences in
the policy shall not exceed five days per quarter or the hourly equivalent. School districts may use
excused and unexcused absences for purposes of the policy. Such services shall include, but need not
be limited to:
(a) One or more meetings between a school attendance officer, school social worker or the school
principal or a member of the school administrative staff designated by the school administration if such
school does not have a school social worker, the child's parent or guardian, and the child, if necessary,
to report and to attempt to solve the problem of excessive absenteeism;
(b) Educational counseling to determine whether curriculum changes, including, but not limited to,
enrolling the child in an alternative education program that meets the specific educational and
behavioral needs of the child, would help solve the problem of excessive absenteeism;
(c) Educational evaluation, which may include a psychological evaluation, to assist in determining the
specific condition, if any, contributing to the problem of excessive absenteeism, supplemented by
specific efforts by the school to help remedy any condition diagnosed; and
(d) Investigation of the problem of excessive absenteeism by the school social worker, or if such school
does not have a school social worker, by the school principal or a member of the school administrative
staff designated by the school administration, to identify conditions which may be contributing to the
problem. If services for the child and his or her family are determined to be needed, the school social
worker or the school principal or a member of the school administrative staff performing the
investigation shall meet with the parent or guardian and the child to discuss any referral to appropriate
Page 24
community agencies for economic services, family or individual counseling, or other services required
to remedy the conditions that are contributing to the problem of excessive absenteeism.
(3) If the child is absent more than twenty days per year or the hourly equivalent and all of the absences
are due to documented illness that makes attendance impossible or impracticable or are otherwise
excused by school authorities, the attendance officer may report such information to the county attorney
of the county in which the person resides. If the child is absent more than twenty days per year or the
hourly equivalent and any of such absences are not excused, the attendance officer shall file a report with
the county attorney of the county in which the person resides on a form which includes the following two
statements, one of which must be designated by the school representative signing the report: (a) The
school representative requests additional time to work with the student prior to intervention by the county
attorney; and (b) the school representative believes that the school has used all reasonable efforts to
resolve the student's excessive absenteeism without success and recommends county attorney
intervention. If further action is necessary to address the child's attendance, the initial meeting between
the parent or guardian of the child, the school, and the county attorney or his or her designee shall be at a
location determined by the school.
(4) Nothing in this section shall preclude a county attorney from being involved at any stage in the
process to address excessive absenteeism.
R.R.S. Neb. 79-210. Violations; penalty.
Any person violating the provisions of sections 79-201 to 79-209 shall be guilty of a Class III
misdemeanor.
Substance use
STATUTES
R.R.S. Neb. 79-296. Anabolic steroids; additional sanction.
(1) In addition to the penalties provided in the Uniform Controlled Substances Act and section 79-267,
any person under nineteen years of age who is a student at any public elementary, secondary, or
postsecondary educational institution in this state who possesses, dispenses, delivers, or administers
anabolic steroids as defined in section 28-401 in violation of the Uniform Controlled Substances Act may
be prohibited from participating in any extracurricular activities for not more than thirty consecutive days
for the first offense. For the second or any subsequent offense, the student may be barred from
participation in such activities for any period of time the institution deems appropriate pursuant to the
written policy of the institution.
(2) Any sanction imposed pursuant to this section shall be in accordance with a written policy of the
institution. The institution shall post the written policy in a conspicuous place and shall make a copy of the
policy available to any student upon request.
(6) Engaging in the unlawful possession, selling, dispensing, or use of a controlled substance or an
imitation controlled substance, as defined in section 28-401, a substance represented to be a controlled
Page 25
substance, or alcoholic liquor as defined in section 53-103.02 or being under the influence of a controlled
substance or alcoholic liquor;[...]
R.R.S. Neb. 53-103.02. Alcoholic liquor, defined.
(1) Alcoholic liquor includes alcohol, spirits, wine, beer, and any liquid or solid, patented or not, containing
alcohol, spirits, wine, or beer and capable of being consumed as a beverage by a human being. Alcoholic
liquor also includes confections or candy that contains more than one-half of one percent alcohol.
(2) The Nebraska Liquor Control Act does not apply to (a) alcohol used in the manufacture of denatured
alcohol produced in accordance with acts of Congress and regulations adopted and promulgated
pursuant to such acts, (b) flavoring extracts, syrups, medicinal, mechanical, scientific, culinary, or toilet
preparations, or food products unfit for beverage purposes, but the act applies to alcoholic liquor used in
the manufacture, preparation, or compounding of such products or confections or candy that contains
more than one-half of one percent alcohol, or (c) wine intended for use and used by any church or
religious organization for sacramental purposes.
R.R.S. Neb. 28-401. Terms, defined.
(4) Controlled substance shall mean a drug, biological, substance, or immediate precursor in Schedules I
to V of section 28-405. Controlled substance shall not include distilled spirits, wine, malt beverages,
tobacco, or any nonnarcotic substance if such substance may, under the Federal Food, Drug, and
Cosmetic Act, 21 U.S.C. 301 et seq., as such act existed on January 1, 2009, and the law of this state, be
lawfully sold over the counter without a prescription;

STATUTES
79-267. Student conduct constituting grounds for long-term suspension, expulsion, or mandatory
reassignment; enumerated; alternatives for truant or tardy students.
(8) Engaging in bullying as defined in section 79-2,137;[...]
R.R.S. Neb. 79-2,137. School district; development and adoption of bullying prevention and
education policy; review.
(1) The Legislature finds and declares that:
(a) Bullying disrupts a school's ability to educate students; and
(b) Bullying threatens public safety by creating an atmosphere in which such behavior can escalate into
violence.
(2) For purposes of this section, bullying means any ongoing pattern of physical, verbal, or electronic
abuse on school grounds, in a vehicle owned, leased, or contracted by a school being used for a school
purpose by a school employee or his or her designee, or at school-sponsored activities or schoolsponsored athletic events.
(3) On or before July 1, 2009, each school district as defined in section 79-101shall develop and adopt a
policy concerning bullying prevention and education for all students.
Page 26
(4) The school district shall review the policy annually.

STATUTES
R.R.S. Neb. 79-2,101. Public schools; membership in secret organizations, prohibited.
It shall be unlawful for the pupils of any public school of this state to participate in or be members of any
secret fraternity or secret organization that is in any degree a school organization.
R.R.S. Neb. 79-2,103. Public schools; outside organizations; rushing prohibited; violation;
penalty.
Any person, whether a pupil of any public school or not, who enters upon the school grounds or any
school building for the purpose of rushing or soliciting, while there, any pupil of a public school to join any
fraternity, society, or association organized outside of the schools shall be guilty of a misdemeanor and
upon conviction thereof shall be fined not less than two dollars nor more than ten dollars.
Page 27

Prevention

STATUTES
R.R.S. Neb. 79-258. Administrative and teaching personnel; authorized actions.
Administrative and teaching personnel may take actions regarding student behavior, other than those
specifically provided in the Student Discipline Act, which are reasonably necessary to aid the student,
further school purposes, or prevent interference with the educational process. Such actions may include,
but need not be limited to, counseling of students, parent conferences, rearrangement of schedules,
requirements that a student remain in school after regular hours to do additional work, restriction of
extracurricular activity, or requirements that a student receive counseling, psychological evaluation, or
psychiatric evaluation upon the written consent of a parent or guardian to such counseling or evaluation.
STATUTES
(4) Each school district shall provide dating violence training to staff deemed appropriate by a school
district's administration. The dating violence training shall include, but not be limited to, basic awareness
of dating violence, warning signs of dating violence, and the school district's dating violence policy. The
dating violence training may be provided by any school district or combination of school districts, an
educational service unit, or any combination of educational service units.
Page 28

STATUTES
R.R.S. Neb. 79-201. Compulsory education; attendance required; exceptions; reports required.
(1) For purposes of this section, a child is of mandatory attendance age if the child (a) will reach six years
of age prior to January 1 of the then-current school year and (b) has not reached eighteen years of age.
(5) Each school district that is a member of a learning community shall report to the learning community
coordinating council on or before September 1 of each year for the immediately preceding school year the
(a) All reports of violations of this section made to the attendance officer of any school in the district
pursuant to section 79-209;
(b) The results of all investigations conducted pursuant to section 79-209, including the attendance
record that is the subject of the investigation and a list of services rendered in the case;
(c) The district's policy on excessive absenteeism; and
(d) Records of all notices served and reports filed pursuant to section 79-209 and the district's policy on
habitual truancy.
R.R.S. Neb. 79-207. Compulsory attendance; entry or withdrawal of student; teachers'
attendance reports.
Whenever any child enters or withdraws from any school after the third day in which school is in session,
the teacher shall transmit at once the name of such child to the superintendent as specified in section 79206 and the superintendent shall use such information in whatever way he or she deems necessary for
the purpose of enforcing section 79-201. At the end of each week each teacher shall report all absences
and the cause of absence to the proper superintendent. At the close of each period each teacher shall
transmit to the superintendent a report showing (1) the name, age, and address of each child enrolled, (2)
the number of half days each child was absent, (3) the number enrolled and the number attending on the
last day of the period, and (4) the average daily attendance for the period. The provisions of this section
requiring reports from each teacher shall not apply to individual teachers in schools employing more than
one teacher but shall in such case apply to the head teacher, principal, or superintendent who shall obtain
the required information from the teachers under his or her supervision or control. All reports and lists
required in this section shall be upon blanks prescribed by the State Department of Education.
Page 29

enumerated.
(1) On the date of the decision, a written charge and a summary of the evidence supporting such
charge shall be filed with the superintendent. The school shall, within two school days after the
decision, send written notice by registered or certified mail to the student and his or her parent or
guardian informing them of the rights established under the Student Discipline Act;
(a) The rule or standard of conduct allegedly violated and the acts of the student alleged to constitute
a cause for long-term suspension, expulsion, or mandatory reassignment, including a summary of the
specified charges;
student's representative or guardian has the right (i) to examine the student's academic and
disciplinary records and any affidavits to be used at the hearing concerning the alleged misconduct
and (ii) to know the identity of the witnesses to appear at the hearing and the substance of their
testimony; and
to be signed by such parties and delivered to the principal or superintendent in person or by
registered or certified mail as prescribed in sections 79-271 and 79-272; and
R.R.S. Neb. 79-282. Hearing; hearing examiner; report; contents; review; final disposition; how
determined.
(1) After a hearing requested under sections 79-268 and 79-269, a report shall be made by the hearing
examiner of his or her findings and a recommendation of the action to be taken, which report shall
explain, in terms of the needs of both the student and the school board, the reasons for the particular
action recommended. Such recommendation may range from no action, through the entire field of
counseling, to long-term suspension, expulsion, mandatory reassignment, or an alternative educational
placement under section 79-266. []
STATUTES
(4) Within twenty-four hours or such additional time as is reasonably necessary following such
suspension, the principal shall send a written statement to the student and his or her parent or guardian
describing the student's conduct, misconduct, or violation of the rule or standard and the reasons for the
Page 30
action taken. The principal shall make a reasonable effort to hold a conference with the parent or
guardian before or at the time the student returns to school.
enumerated.
(1) On the date of the decision, a written charge and a summary of the evidence supporting such charge
shall be filed with the superintendent. The school shall, within two school days after the decision, send
written notice by registered or certified mail to the student and his or her parent or guardian informing
them of the rights established under the Student Discipline Act;
(a) The rule or standard of conduct allegedly violated and the acts of the student alleged to constitute a
cause for long-term suspension, expulsion, or mandatory reassignment, including a summary of the
specified charges;
student's representative or guardian has the right (i) to examine the student's academic and disciplinary
records and any affidavits to be used at the hearing concerning the alleged misconduct and (ii) to know
the identity of the witnesses to appear at the hearing and the substance of their testimony; and
to be signed by such parties and delivered to the principal or superintendent in person or by registered
or certified mail as prescribed in sections 79-271 and 79-272; and
The Student Discipline Act does not preclude the student or the student's parent, guardian, or
representative from discussing and settling the matter with appropriate school personnel prior to the
hearing stage.

STATUTES
Page 31
(3) If the child is absent more than twenty days per year or the hourly equivalent and all of the absences
are due to documented illness that makes attendance impossible or impracticable or are otherwise
excused by school authorities, the attendance officer may report such information to the county attorney
of the county in which the person resides. If the child is absent more than twenty days per year or the
hourly equivalent and any of such absences are not excused, the attendance officer shall file a report with
the county attorney of the county in which the person resides on a form which includes the following two
statements, one of which must be designated by the school representative signing the report: (a) The
school representative requests additional time to work with the student prior to intervention by the county
attorney; and (b) the school representative believes that the school has used all reasonable efforts to
resolve the student's excessive absenteeism without success and recommends county attorney
intervention. If further action is necessary to address the child's attendance, the initial meeting between
the parent or guardian of the child, the school, and the county attorney or his or her designee shall be at a
location determined by the school.
R.R.S. Neb. 79-293. Nebraska Criminal Code violation; principal or principal's designee; notify
law enforcement authorities; immunity.
(1) The principal of a school or the principal's designee shall notify as soon as possible the appropriate
law enforcement authorities, of the county or city in which the school is located, of any act of the student
described in section 79-267 which the principal or designee knows or suspects is a violation of the
Nebraska Criminal Code.

STATUTES
R.R.S. Neb. 79-2104. Access to school files or records; limitation; fees; disciplinary material;
removed and destroyed; when.
(1) Any student in any public school or his or her parents, guardians, teachers, counselors, or school
administrators shall have access to the school's files or records maintained concerning such student,
including the right to inspect, review, and obtain copies of such files or records. No other person shall
have access to such files or records except (a) when a parent, guardian, or student of majority age
provides written consent or (b) as provided in subsection (3) of this section. The contents of such files or
records shall not be divulged in any manner to any unauthorized person. All such files or records shall be
maintained so as to separate academic and disciplinary matters, and all disciplinary material shall be
removed and destroyed after a student's continuous absence from the school for a period of three years.
R.R.S. Neb. 79-2105. School files or records; provided upon student's transfer.
A copy of a public or private school's files or records concerning a student, including academic material
and any disciplinary material relating to any suspension or expulsion, shall be provided at no charge,
upon request, to any public or private school to which the student transfers.

STATUTES
Page 32
section; and
ADMINISTRATIVE CODE
Nebraska Admin. Code Title 92, Ch. 17 (2012)
004.02 Each school district shall annually report, in a manner prescribed by the Department, a description
of the circumstances for any expelled student who knowingly and intentionally possessed, used, or
or her designee, or at a school-sponsored activity or athletic event.
Page 33

STATUTES
R.R.S. Neb. 79-208. Compulsory attendance; attendance officers; powers and duties;
compensation.
School boards shall appoint one or more attendance officers who shall be vested with police powers and
shall enforce the provisions of section 79-201 in the school districts for which they act. Attendance
officers shall be compensated for their services in such sums as are determined by the school board, to
be paid out of the general school fund of the district.
R.R.S. Neb. 79-294. Removal of minor from school premises; release to peace officer; principal
or other school official; duties; peace officer; duties; juvenile court review; when.
When a principal or other school official releases a minor student to a peace officer as defined in section
49-801 for the purpose of removing the minor from the school premises, the principal or other school
official shall take immediate steps to notify the parent, guardian, or responsible relative of the minor
regarding the release of the minor to the officer and regarding the place to which the minor is reportedly
being taken, except when a minor has been taken into custody as a victim of suspected child abuse, in
which case the principal or other school official shall provide the peace officer with the address and
telephone number of the minor's parent or guardian. The peace officer shall take immediate steps to
notify the parent, guardian, or responsible relative of the minor that the minor is in custody and the place
where he or she is being held. If the peace officer has a reasonable belief that the minor would be
endangered by a disclosure of the place where the minor is being held or that the disclosure would cause
the custody of the minor to be disturbed, the peace officer may refuse to disclose the place where the
minor is being held for a period not to exceed twenty-four hours. The peace officer shall, however, inform
the parent, guardian, or responsible relative whether the child requires and is receiving medical or other
treatment. The juvenile court shall review any decision not to disclose the place where the minor is being
held at any subsequent detention hearing.

Page 34

STATUTES
(1) On or before March 1, 2010, the department shall develop and adopt a model dating violence policy to
assist school districts in developing policies for dating violence.
(2) On or before July 1, 2010, each school district shall develop and adopt a specific policy to address
incidents of dating violence involving students at school, which shall be made a part of the requirements
for accreditation in accordance with section 79-703. Such policy shall include a statement that dating
violence will not be tolerated.
(3) To ensure notice of a school district's dating violence policy, the policy shall be published in any
school district handbook, manual, or similar publication that sets forth the comprehensive rules,
procedures, and standards of conduct for students at school.
(4) Each school district shall provide dating violence training to staff deemed appropriate by a school
district's administration. The dating violence training shall include, but not be limited to, basic awareness
of dating violence, warning signs of dating violence, and the school district's dating violence policy. The
dating violence training may be provided by any school district or combination of school districts, an
educational service unit, or any combination of educational service units.
(5) Each school district shall inform the students' parents or legal guardians of the school district's dating
violence policy. If requested, the school district shall provide the parents or legal guardians a copy of the
school district's dating violence policy and relevant information.
(6) This section does not prevent a victim of dating violence from seeking redress under any other
available law, either civil or criminal, and does not create or alter any existing tort liability.
Page 35
Other/Uncategorized
STATUTES
R.R.S. Neb. 79-293. Nebraska Criminal Code violation; principal or principal's designee; notify
law enforcement authorities; immunity.
(2) The principal, the principal's designee, or any other school employee reporting an alleged violation of
the Nebraska Criminal Code shall not be civilly or criminally liable as a result of any report authorized by
this section unless (a) such report was false and the person making such report knew or should have
known it was false or (b) the report was made with negligent disregard for the truth or falsity of the report.

Other/Uncategorized
Page 36

School Discipline
resources provided by Nebraska provide additional context to state policy and regulations and, in some
Title
Description
Provides information on School Safety

Resources.
www.education.ne.gov/safety
Provides a model policy on dating violence
http://www.education.ne.gov/safety/
Docs/LB63_Model_Policy_to_Preve
nt_Dating_Violence_2-2-10.pdf
Website
School Safety
Center website
Documents
The Nebraska
Department of
Education model
dating policy
Other Resources
No relevant
resources found
Page 37
Nevada
Discipline Laws and
Regulations
Introduction
document.
Notes & Disclaimers

Prepared by:
Child Trends
Table of Contents
Nevada State Codes Cited.......................................................................................................................... 1
Scope ........................................................................................................................................................ 5
Other weapons ........................................................................................................................................ 19
Substance use......................................................................................................................................... 24
Prevention ............................................................................................................................................... 32
Nevada State Codes Cited

Nevada Revised Statutes
Title 34. Education
Chapter 388. System of Public Instruction
Policies; Informational Pamphlet; Program of Training
388.133.
388.134.
Policy by department concerning safe and respectful learning environment

Policy by school districts for provision of safe and respectful learning environment and
policy for ethical, safe and secure use of computers; provision of training to school
personnel; posting of policies on Internet website; annual review and update of policies
Prohibition of Bullying, Cyber-Bullying, Harassment and Intimidation; Reports Of Violations

388.135.
388.1351.
388.1352.
388.1353.
388.139.
Bullying, cyber-bullying, harassment and intimidation prohibited

Staff member required to report violation to principal; time period for initiation and
completion of investigation; authorization for parent to appeal disciplinary decision
Establishment of policy by school districts for employees to report violations to law
enforcement
Principal required to submit report of violations for each semester to school district;
review and compilation of reports by school district; submission of compilation to
Department
Text of certain provisions required to be included in rules of behavior
Chapter 392. Pupils

Advisory Boards to Review School Attendance; School Attendance Councils; Absence and
Truancy
392.140.
392.144.
392.149.
392.150.
392.160.
Conditions under which pupil declared habitual truant; applicability

Duties of school if pupil is truant; reporting of habitual truant to law enforcement or
referral to advisory board
Issuance of citation to habitual truant; applicability
Appointment of attendance officer authorized; procedures to monitor attendance and
truancy; consideration of employment of attendance clerk
Taking into custody child reported absent from school; persons or counseling agency to
whom child may be delivered
Children Who Have Been Adjudicated Delinquent for Sexual Offense or Sexually Motivated Act
392.264.
Offender prohibited from attending school victim attends without court approval; duty of
superintendent of school district to negotiate agreement for attendance in another school
district; termination of agreement
Behavior and Discipline General Provisions

392.461.
392.463.
Code of honor relating to cheating; contents; distribution

Adoption of plan to ensure public schools are safe and free of controlled substances;
written rules of behavior and punishments; distribution of plan and rules to pupils;
availability for inspection
Nevada Compilation of School Discipline Laws and Regulations
Page 1
392.4633.
392.4635.
392.4637.
392.464.
Corporal punishment prohibited; report of violation; forwarding of complaint if determined

to be substantiated
Policy for prohibition of activities of criminal gangs on school property
Policy concerning use and possession of pagers, cellular telephones and other electronic
devices
Adoption and enforcement by trustees of disciplinary measures for pupil in possession of
alcoholic beverage or controlled substance on premises of school
Temporary Alternative Placement

392.4644.
392.4645.
Plan for progressive discipline and on-site review of disciplinary decisions; annual review
and revision of plan; posting and availability of plan; written reports by superintendent of
schools, board of trustees and Superintendent of Public Instruction concerning
compliance with section
Removal of pupil from classroom: Notice; assignment to temporary alternative placement;
exceptions
Habitual Disciplinary Problem; Suspension and Expulsion

392.4655.
392.466.
392.467.
392.4675.
Conditions under which pupil deemed habitual disciplinary problem; plan of behavior to
prevent pupil from being deemed habitual disciplinary problem
Suspension or expulsion of pupil for battery on employee of school, possession of firearm
or dangerous weapon, sale or distribution of controlled substance or status as habitual
disciplinary problem; limitations for pupils with disabilities
Suspension or expulsion of pupil: Procedure; limitation
Certain suspended or expelled pupils ineligible to attend public school; authority for
school district or charter school to enroll ineligible pupil in alternative programs,
independent study, distance education or charter school designated for pupils with
disciplinary problems
Unlawful Acts
392.910.
392.915.
Disturbance of school; assaulting pupil or school employee; interference with persons

peaceably assembled within school; penalties
Threatening to cause bodily harm or death to pupil or school employee by means of oral,
written or electronic communication; penalties
Nevada Administrative Code

Chapter 388. System of Public Instruction
Alternative Programs for Pupils at Risk of Dropping Out of School
388.510.
General requirements; effective period
Page 2
General Provisions
STATUTES
Nev. Rev. Stat. Ann. 388.133. Policy by Department concerning safe and respectful learning
environment.
1. The Department shall, in consultation with the boards of trustees of school districts, educational
personnel, local associations and organizations of parents whose children are enrolled in public schools
throughout this State, and individual parents and legal guardians whose children are enrolled in public
schools throughout this State, prescribe by regulation a policy for all school districts and public schools to
provide a safe and respectful learning environment that is free of bullying, cyber-bullying, harassment and
intimidation.
2. The policy must include, without limitation:
(a) Requirements and methods for reporting violations of NRS 388.135; and
(b) A policy for use by school districts to train administrators, principals, teachers and all other
personnel employed by the board of trustees of a school district. The policy must include, without
limitation:
(1) Training in the appropriate methods to facilitate positive human relations among pupils without the
use of bullying, cyber-bullying, harassment and intimidation so that pupils may realize their full
academic and personal potential;
(2) Methods to improve the school environment in a manner that will facilitate positive human relations
among pupils; and
(3) Methods to teach skills to pupils so that the pupils are able to replace inappropriate behavior with
positive behavior.
Nev. Rev. Stat. Ann. 388.134. Policy by school districts for provision of safe and respectful
learning environment and policy for ethical, safe and secure use of computers; provision of
training to school personnel; posting of policies on Internet website; annual review and update of
policies.
1. Adopt the policy prescribed pursuant to NRS 388.133 and the policy prescribed pursuant to subsection
2 of NRS 389.520. The board of trustees may adopt an expanded policy for one or both of the policies if
each expanded policy complies with the policy prescribed pursuant to NRS 388.133 or pursuant to
subsection 2 of NRS 389.520, as applicable.
Nev. Rev. Stat. Ann. 392.46. Code of honor relating to cheating; contents; distribution.
1. The Department shall prescribe by regulation a written policy that establishes a code of honor for pupils
relating to cheating on examinations and course work. The policy must be developed in consultation with
the boards of trustees of school districts, the governing bodies of charter schools, educational personnel
employed by school districts and charter schools, and local associations and organizations of parents
whose children are enrolled in public schools throughout this State.
2. The policy must include, without limitation, a definition of cheating that clearly and concisely informs
pupils which acts constitute cheating for purposes of the code of honor.
Page 3
Nev. Rev. Stat. Ann. 392.463. Adoption of plan to ensure public schools are safe and free of
controlled substances; written rules of behavior and punishments; distribution of plan and rules
to pupils; availability for inspection.
1. Each school district shall adopt a plan to ensure that the public schools within the school district are
safe and free of controlled substances. The plan must comply with the Safe and Drug-Free Schools and
Communities Act, 20 U.S.C. 7101 et seq.
2. Each school district shall prescribe written rules of behavior required of and prohibited for pupils
attending school within their district and shall prescribe appropriate punishments for violations of the
rules. If suspension or expulsion is used as a punishment for a violation of the rules, the school district
shall follow the procedures in NRS 392.467.
Nev. Rev. Stat. Ann. 392.464. Adoption and enforcement by trustees of disciplinary measures for
pupil in possession of alcoholic beverage or controlled substance on premises of school.
1. The board of trustees of each school district shall adopt and enforce measures for disciplining any pupil
who is found in possession of an alcoholic beverage or a controlled substance, while on the premises of
any public school in its district.
Nev. Rev. Stat. Ann. 392.4635. Policy for prohibition of activities of criminal gangs on school
property.
1. The board of trustees of each school district shall establish a policy that prohibits the activities of
criminal gangs on school property.
2. The policy established pursuant to subsection 1 may include, without limitation:
(a) The provision of training for the prevention of the activities of criminal gangs on school property.
(b) If the policy includes training:
(1) A designation of the grade levels of the pupils who must receive the training.
(2) A designation of the personnel who must receive the training, including, without limitation,
personnel who are employed in schools at the grade levels designated pursuant to subparagraph (1).
The board of trustees of each school district shall ensure that the training is provided to the pupils and
personnel designated in the policy.
(c) Provisions which prohibit:
(1) A pupil from wearing any clothing or carrying any symbol on school property that denotes
membership in or an affiliation with a criminal gang; and
(2) Any activity that encourages participation in a criminal gang or facilitates illegal acts of a criminal
gang.
(d) Provisions which provide for the suspension or expulsion of pupils who violate the policy.
Nev. Rev. Stat. Ann. 392.4637. Policy concerning use and possession of pagers, cellular
telephones and other electronic devices.
1. The board of trustees of each school district shall adopt a policy concerning the use and possession by
pupils of a pager, cellular telephone or any other similar electronic device used for communication while
on the premises of a public school or while at an activity sponsored by a public school.
2. The policy adopted pursuant to subsection 1 must:
(a) Prescribe appropriate measures for disciplining a pupil who violates the policy.
(b) Be included within each copy of the rules of behavior for pupils that the school district provides to
pupils pursuant to NRS 392.463.
Page 4
Nev. Rev. Stat. Ann. 392.4638. Board of trustees authorized to adopt policy for pupils to report
unlawful activity being conducted on school property, activity sponsored by public school or on
school bus.
1. The board of trustees of each school district may adopt a policy that allows a pupil enrolled in a public
school within the school district to report, anonymously if the pupil chooses, any unlawful activity which is
being conducted on school property, at an activity sponsored by a public school or on a school bus. The
policy may include, without limitation:
(a) The types of unlawful activities which a pupil may report; and
(b) The manner in which a pupil may report the unlawful activities.
2. The board of trustees of a school district may work in consultation with a local law enforcement agency
or other governmental entity, corporation, business, organization or other entity to assist the board of
trustees in the implementation of a policy adopted pursuant to subsection 1.
3. If the board of trustees of a school district adopts a policy pursuant to subsection 1, each public school
within the school district shall post prominently in various locations at the school the policy adopted
pursuant to subsection 1, which must clearly denote the phone number and any other methods by which
a report may be made. If a public school maintains an Internet website for the school, the policy must also
be posted on the schools website.
4. If the board of trustees of a school district adopts a policy pursuant to subsection 1, the board of
trustees shall post the policy on the Internet website maintained by the school district.
Nev. Rev. Stat. Ann. 392.4644. Plan for progressive discipline and on-site review of disciplinary
decisions; annual review and revision of plan; posting and availability of plan; written reports by
superintendent of schools, board of trustees and Superintendent of Public Instruction concerning
compliance with section.
1. The principal of each public school shall establish a plan to provide for the progressive discipline of
pupils and on-site review of disciplinary decisions. The plan must:
(a) Be developed with the input and participation of teachers and other educational personnel and
support personnel who are employed at the school, and the parents and guardians of pupils who are
enrolled in the school.
(b) Be consistent with the written rules of behavior prescribed in accordance with NRS 392.463.
(c) Include, without limitation, provisions designed to address the specific disciplinary needs and
concerns of the school.
(d) Provide for the temporary removal of a pupil from a classroom in accordance with NRS 392.4645.
Scope
STATUTES
Nev. Rev. Stat. Ann. 392.466. Suspension or expulsion of pupil for battery on employee of
school, possession of firearm or dangerous weapon, sale or distribution of controlled substance
or status as habitual disciplinary problem; limitations for pupils with disabilities.
1. Except as otherwise provided in this section, any pupil who commits a battery which results in the
bodily injury of an employee of the school or who sells or distributes any controlled substance while on
the premises of any public school, at an activity sponsored by a public school or on any school bus must,
for the first occurrence, be suspended or expelled from that school, although the pupil may be placed in
Page 5
another kind of school, for at least a period equal to one semester for that school. For a second
occurrence, the pupil must be permanently expelled from that school and:
(a) Enroll in a private school pursuant to chapter 394 of NRS or be homeschooled; or
(b) Enroll in a program of independent study provided pursuant to NRS 389.155 for pupils who have
been suspended or expelled from public school or a program of distance education provided pursuant
to NRS 388.820 to 388.874, inclusive, if the pupil qualifies for enrollment and is accepted for enrollment
in accordance with the requirements of the applicable program.
2. Except as otherwise provided in this section, any pupil who is found in possession of a firearm or a
dangerous weapon while on the premises of any public school, at an activity sponsored by a public
school or on any school bus must, for the first occurrence, be expelled from the school for a period of not
less than 1 year, although the pupil may be placed in another kind of school for a period not to exceed the
period of the expulsion. For a second occurrence, the pupil must be permanently expelled from the school
and:
(b) Enroll in a program of independent study provided pursuant NRS 389.155 for pupils who have been
suspended or expelled from public school or a program of distance education provided pursuant to
NRS 388.820 to 388.874, inclusive, if the pupil qualifies for enrollment and is accepted for enrollment in
accordance with the requirements of the applicable program.
STATUTES
policies.
The board of trustees of each school district shall:
3. Post the policies adopted pursuant to subsection 1 on the Internet website maintained by the school
district.
4. Ensure that the parents and legal guardians of pupils enrolled in the school district have sufficient
information concerning the availability of the policies, including, without limitation, information that
describes how to access the policies on the Internet website maintained by the school district. Upon the
request of a parent or legal guardian, the school district shall provide the parent or legal guardian with a
written copy of the policies.
Nev. Rev. Stat. Ann. 388.139. Text of certain provisions required to be included in rules of
behavior.
Each school district shall include the text of the provisions of NRS 388.121 to 388.139, inclusive, and the
policies adopted by the board of trustees of the school district pursuant to NRS 388.134 under the
heading "Bullying, Cyber-Bullying, Harassment and Intimidation Is Prohibited in Public Schools," within
each copy of the rules of behavior for pupils that the school district provides to pupils pursuant to NRS
392.463.
Page 6
4. Copies of the code of honor must be made available for inspection at each public school located within
a school district, including, without limitation, each charter school, in an area on the grounds of the school
that is open to the public.
5. Each classroom teacher shall:
(a) Distribute the code of honor to each pupil enrolled in the teacher's class and to the parent or legal
guardian of each pupil enrolled in his or her class at the beginning of each school year or upon a pupil's
enrollment in the teacher's class, as applicable;
(b) Provide the pupil and the parent or legal guardian of the pupil with a reasonable opportunity to sign
the code of honor; and
(c) If the code of honor is returned with the signatures, retain a copy of the signed code of honor in the
pupil's file.
3. A copy of the plan adopted pursuant to subsection 1 and the rules of behavior, prescribed punishments
and procedures to be followed in imposing punishments prescribed pursuant to subsection 2 must be
distributed to each pupil at the beginning of the school year and to each new pupil who enters school
during the year. Copies must also be made available for inspection at each school located in that district
in an area on the grounds of the school which is open to the public.
2. On or before October 1 of each year, the principal of each public school shall:
(c) Post a copy of the plan or the revised plan, as applicable, in a prominent place at the school for
public inspection and otherwise make the plan available for public inspection at the administrative office
of the school.
Page 7
STATUTES
1. The principal of each public school shall establish a plan to provide for the progressive discipline of
pupils and on-site review of disciplinary decisions. The plan must:
(a) Be developed with the input and participation of teachers and other educational personnel and
support personnel who are employed at the school, and the parents and guardians of pupils who are
enrolled in the school.
(b) Be consistent with the written rules of behavior prescribed in accordance with NRS 392.463.
(c) Include, without limitation, provisions designed to address the specific disciplinary needs and
concerns of the school.
(d) Provide for the temporary removal of a pupil from a classroom in accordance with NRS 392.4645.

STATUTES
Nev. Rev. Stat. Ann. 392.4645. Removal of pupil from classroom: Notice; assignment to
temporary alternative placement; exceptions.
1. The plan established pursuant to NRS 392.4644 must provide for the temporary removal of a pupil
from a classroom if, in the judgment of the teacher, the pupil has engaged in behavior that seriously
interferes with the ability of the teacher to teach the other pupils in the classroom and with the ability of
the other pupils to learn. The plan must provide that, upon the removal of a pupil from a classroom
pursuant to this section, the principal of the school shall provide an explanation of the reason for the
removal of the pupil to the pupil and offer the pupil an opportunity to respond to the explanation. Within 24
hours after the removal of a pupil pursuant to this section, the principal of the school shall notify the
parent or legal guardian of the pupil of the removal.
Nev. Rev. Stat. Ann. 392.4646. Removal of pupil from classroom: Conference; recommendation
of principal.
1. Except as otherwise provided in this section, not later than 3 school days after a pupil is removed from
a classroom pursuant to NRS 392.4645, a conference must be held with:
(a) The pupil;
(b) A parent or legal guardian of the pupil;
(c) The principal of the school; and
(d) The teacher who removed the pupil.
The principal shall give an oral or written notice of the conference, as appropriate, to each person who is
required to participate.
Page 8
2. After receipt of the notice required pursuant to subsection 1, the parent or legal guardian of the pupil
may, not later than 3 school days after the removal of the pupil, request that the date of the conference be
postponed. The principal shall accommodate such a request. If the date of the conference is postponed
pursuant to this subsection, the principal shall send written notice to the parent or legal guardian
confirming that the conference has been postponed at the request of the parent or legal guardian.
3. If a parent or legal guardian of a pupil refuses to attend a conference, the principal of the school shall
send a written notice to the parent or legal guardian confirming that the parent or legal guardian has
waived the right to a conference provided by this section and authorized the principal to recommend the
placement of the pupil pursuant to subsection 6.
4. Except as otherwise provided in this subsection, a pupil must not return to the classroom from which
the pupil was removed before the conference is held. If the conference is not held within 3 school days
after the removal of the pupil, the pupil must be allowed to return to the classroom unless:
(a) The parent or legal guardian of the pupil refuses to attend the conference;
(b) The failure to hold a conference is attributed to the action or inaction of the pupil or the parent or
legal guardian of the pupil; or
(c) The parent or legal guardian requested that the date of the conference be postponed.
5. During the conference, the teacher who removed the pupil from the classroom or the principal shall
provide the pupil and the pupils parent or legal guardian with an explanation of the reason for the
removal of the pupil from the classroom. The pupil and the pupils parent or legal guardian must be
granted an opportunity to respond to the explanation of the pupils behavior and to indicate whether the
removal of the pupil from the classroom was appropriate in their opinion based upon the behavior of the
pupil.
6. Upon conclusion of the conference or, if a conference is not held pursuant to subsection 3 not later
than 3 school days after the removal of a pupil from a classroom, the principal shall recommend whether
to return the pupil to the classroom or continue the temporary alternative placement of the pupil.

STATUTES
Nev. Rev. Stat. Ann. 392.4633. Corporal punishment prohibited; report of violation; forwarding of
complaint if determined to be substantiated.
1. Corporal punishment must not be administered upon a pupil in any public school.
2. Subsection 1 does not prohibit any teacher, principal or other licensed person from defending himself
or herself if attacked by a pupil.
3. A person may report the use of corporal punishment on a pupil to the agency which provides child
welfare services in the county in which the school district is located. If the agency determines that the
complaint is substantiated, the agency shall forward the complaint to the Department, the appropriate
local law enforcement agency within the county and the district attorney's office within the county for
further investigation.
4. As used in this section:
(a) "Agency which provides child welfare services" has the meaning ascribed to it in NRS 432B.030.
Page 9
(b) "Corporal punishment" means the intentional infliction of physical pain upon or the physical restraint
of a pupil for disciplinary purposes. The term does not include the use of reasonable and necessary
force:
(1) To quell a disturbance that threatens physical injury to any person or the destruction of property;
(2) To obtain possession of a weapon or other dangerous object within a pupil's control;
(3) For the purpose of self-defense or the defense of another person; or
(4) To escort a disruptive pupil who refuses to go voluntarily with the proper authorities.


Page 10

STATUTES
Nev. Rev. Stat. Ann. 392.467. Suspension or expulsion of pupil: Procedure; limitation.
1. Except as otherwise provided in subsections 4 and 5, the board of trustees of a school district may
authorize the suspension or expulsion of any pupil from any public school within the school district.
2. Except as otherwise provided in subsection 5, no pupil may be suspended or expelled until the pupil
has been given notice of the charges against him or her, an explanation of the evidence and an
opportunity for a hearing, except that a pupil who poses a continuing danger to persons or property or an
ongoing threat of disrupting the academic process or who is selling or distributing any controlled
substance or is found to be in possession of a dangerous weapon as provided in NRS 392.466 may be
removed from the school immediately upon being given an explanation of the reasons for his or her
removal and pending proceedings, to be conducted as soon as practicable after removal, for the pupils
suspension or expulsion.
3. The provisions of chapter 241 of NRS do not apply to any hearing conducted pursuant to this section.
Such hearings must be closed to the public.
4. The board of trustees of a school district shall not authorize the expulsion, suspension or removal of
any pupil from the public school system solely because the pupil is declared a truant or habitual truant in
accordance with NRS 392.130 or 392.140.
5. A pupil who is participating in a program of special education pursuant to NRS 388.520, other than a
pupil who is gifted and talented or who receives early intervening services, may, in accordance with the
procedural policy adopted by the board of trustees of the school district for such matters, be:
(a) Suspended from school pursuant to this section for not more than 10 days.
(b) Suspended from school for more than 10 days or permanently expelled from school pursuant to this
section only after the board of trustees of the school district has reviewed the circumstances and
determined that the action is in compliance with the Individuals with Disabilities Education Act, 20
U.S.C. 1400 et seq.

STATUTES
Page 11

and:
3. Except as otherwise provided in this section, if a pupil is deemed a habitual disciplinary problem
pursuant to NRS 392.4655, the pupil must be suspended or expelled from the school for a period equal to
at least one semester for that school. For the period of the pupil's suspension or expulsion, the pupil
must:

STATUTES
and:
Page 12
The superintendent of schools of a school district may, for good cause shown in a particular case in that
school district, allow a modification to the expulsion requirement of this subsection if such modification is
set forth in writing.
5. Any pupil in grades 1 to 6, inclusive, except a pupil who has been found to have possessed a firearm in
violation of subsection 2, may be suspended from school or permanently expelled from school pursuant
to this section only after the board of trustees of the school district has reviewed the circumstances and
approved this action in accordance with the procedural policy adopted by the board for such issues.
(a) Suspended from school pursuant to this section for not more than 10 days. Such a suspension may
be imposed pursuant to this paragraph for each occurrence of conduct proscribed by subsection 1.
U.S.C. 1400 et seq.
1. Except as otherwise provided in subsections 4 and 5, the board of trustees of a school district may
authorize the suspension or expulsion of any pupil from any public school within the school district.
removal and pending proceedings, to be conducted as soon as practicable after removal, for the pupils
3. The provisions of chapter 241 of NRS do not apply to any hearing conducted pursuant to this section.
Such hearings must be closed to the public.
(a) Suspended from school pursuant to this section for not more than 10 days.
U.S.C. 1400 et seq.
Page 13

STATUTES
5. Any pupil in grades 1 to 6, inclusive, except a pupil who has been found to have possessed a firearm in
violation of subsection 2, may be suspended from school or permanently expelled from school pursuant
to this section only after the board of trustees of the school district has reviewed the circumstances and
approved this action in accordance with the procedural policy adopted by the board for such issues.
removal and pending proceedings, to be conducted as soon as practicable after removal, for the pupil's


STATUTES
Nev. Rev. Stat. Ann. 388.5265. Aversive intervention prohibited.
A person employed by the board of trustees of a school district or any other person shall not use any
aversive intervention on a pupil with a disability.
Nev. Rev. Stat. Ann. 388.527. Physical restraint and mechanical restraint prohibited; exceptions.
A person employed by the board of trustees of a school district or any other person shall not:
1. Except as otherwise provided in NRS 388.5275, use physical restraint on a pupil with a disability.
2. Except as otherwise provided in NRS 388.528, use mechanical restraint on a pupil with a disability.
Nev. Rev. Stat. Ann. 388.5275. Conditions under which physical restraint may be used; report
required; requirements if pupil has three or five reports of use of restraint in 1 school year.
1. Except as otherwise provided in subsection 2, physical restraint may be used on a pupil with a
disability only if:
(a) An emergency exists that necessitates the use of physical restraint;
Page 14
(b) The physical restraint is used only for the period that is necessary to contain the behavior of the
pupil so that the pupil is no longer an immediate threat of causing physical injury to the pupil or to
others or causing severe property damage; and
(c) The use of force in the application of physical restraint does not exceed the force that is reasonable
and necessary under the circumstances precipitating the use of physical restraint.
2. Physical restraint may be used on a pupil with a disability and the provisions of subsection 1 do not
apply if the physical restraint is used to:
(a) Assist the pupil in completing a task or response if the pupil does not resist the application of
physical restraint or if the pupils resistance is minimal in intensity and duration;
(b) Escort or carry the pupil to safety if the pupil is in danger in his or her present location; or
(c) Conduct medical examinations or treatments on the pupil that are necessary.
3. If physical restraint is used on a pupil with a disability in an emergency, the use of the procedure must
be reported in the pupils cumulative record and a confidential file maintained for the pupil not later than 1
working day after the procedure is used. A copy of the report must be provided to the board of trustees of
the school district or its designee, the pupils individualized education program team and the parent or
guardian of the pupil. If the board of trustees or its designee determines that a denial of the pupils rights
has occurred, the board of trustees or its designee shall submit a report to the Department in accordance
with NRS 388.5315.
4. If a pupil with a disability has three reports of the use of physical restraint in his or her record pursuant
subsection 3 in 1 school year, the school district shall notify the school in which the pupil is enrolled to
review the circumstances of the use of the restraint on the pupil and provide a report to the school district
on its findings.
5. If a pupil with a disability has five reports of the use of physical restraint in his or her record pursuant to
subsection 3 in 1 school year, the pupils individualized education program must be reviewed in
accordance with the Individuals with Disabilities Education Act, 20 U.S.C. 1414 et seq., and the
regulations adopted pursuant thereto. If physical restraint continues after the pupils individualized
education program has been reviewed, the school district and the parent or legal guardian of the pupil
shall include in the pupils individualized education program additional methods that are appropriate for
the pupil to ensure that the restraint does not continue, including, without limitation, mentoring, training, a
functional behavioral assessment, a positive behavior plan and positive behavioral supports.
Nev. Rev. Stat. Ann. 388.528. Conditions under which mechanical restraint may be used; report
1. Except as otherwise provided in subsection 2, mechanical restraint may be used on a pupil with a
disability only if:
(a) An emergency exists that necessitates the use of mechanical restraint;
(b) A medical order authorizing the use of mechanical restraint from the pupils treating physician is
included in the pupils individualized education program before the application of the mechanical
restraint;
(c) The physician who signed the order required pursuant to paragraph (b) or the attending physician
examines the pupil as soon as practicable after the application of the mechanical restraint;
(d) The mechanical restraint is applied by a member of the staff of the school who is trained and
qualified to apply mechanical restraint;
(e) The pupil is given the opportunity to move and exercise the parts of his or her body that are
restrained at least 10 minutes per every 60 minutes of restraint, unless otherwise prescribed by the
physician who signed the order;
Page 15
(f) A member of the staff of the school lessens or discontinues the restraint every 15 minutes to
determine whether the pupil will stop injury to himself or herself without the use of the restraint;
(g) The record of the pupil contains a notation that includes the time of day that the restraint was
lessened or discontinued pursuant to paragraph (f), the response of the pupil and the response of the
member of the staff of the school who applied the mechanical restraint;
(h) A member of the staff of the school continuously monitors the pupil during the time that mechanical
restraint is used on the pupil; and
(i) The mechanical restraint is used only for the period that is necessary to contain the behavior of the
pupil so that the pupil is no longer an immediate threat of causing physical injury to himself or herself.
2. Mechanical restraint may be used on a pupil with a disability and the provisions of subsection 1 do not
apply if the mechanical restraint is used to:
(a) Treat the medical needs of the pupil;
(b) Protect a pupil who is known to be at risk of injury to himself or herself because he or she lacks
coordination or suffers from frequent loss of consciousness;
(c) Provide proper body alignment to a pupil; or
(d) Position a pupil who has physical disabilities in a manner prescribed in the pupils individualized
education program.
3. If mechanical restraint is used on a pupil with a disability in an emergency, the use of the procedure
must be reported in the pupils cumulative record and a confidential file maintained for the pupil not later
than 1 working day after the procedure is used. A copy of the report must be provided to the board of
trustees of the school district or its designee, the pupils individualized education program team and the
parent or guardian of the pupil. If the board of trustees or its designee determines that a denial of the
pupils rights has occurred, the board of trustees or its designee shall submit a report to the Department in
accordance with NRS 388.5315.
4. If a pupil with a disability has three reports of the use of mechanical restraint in his or her record
pursuant to subsection 3 in 1 school year, the school district shall notify the school in which the pupil is
enrolled to review the circumstances of the use of the restraint on the pupil and provide a report of its
findings to the school district.
5. If a pupil with a disability has five reports of the use of mechanical restraint in his or her record
pursuant to subsection 3 in 1 school year, the pupils individualized education program must be reviewed
in accordance with the Individuals with Disabilities Education Act, 20 U.S.C. 1414 et seq., and the
regulations adopted pursuant thereto. If mechanical restraint continues after the pupils individualized
education program has been reviewed, the school district and the parent or legal guardian of the pupil
shall include in the pupils individualized education program additional methods that are appropriate for
the pupil to ensure that restraint does not continue, including, without limitation, mentoring, training, a
functional behavioral assessment, a positive behavior plan and positive behavioral supports.
STATUTES
Page 16
and:
accordance with the requirements of the applicable program. [...]
at least one semester for that school. For the period of the pupils suspension or expulsion, the pupil
must:
8. The provisions of this section do not prohibit a pupil who is suspended or expelled from enrolling in a
charter school that is designed exclusively for the enrollment of pupils with disciplinary problems if the
pupil is accepted for enrollment by the charter school pursuant to NRS 386.580. Upon request, the
governing body of a charter school must be provided with access to the records of the pupil relating to the
pupil's suspension or expulsion in accordance with applicable federal and state law before the governing
body makes a decision concerning the enrollment of the pupil.
Page 17
2. Except as otherwise provided in subsection 3, a pupil who is removed from a classroom pursuant to
this section must be assigned to a temporary alternative placement pursuant to which the pupil:
(a) Is separated, to the extent practicable, from pupils who are not assigned to a temporary alternative
placement;
(b) Studies under the supervision of appropriate personnel of the school district; and
(c) Is prohibited from engaging in any extracurricular activity sponsored by the school.
Nev. Rev. Stat. Ann. 392.4675. Certain suspended or expelled pupils ineligible to attend public
school; authority for school district or charter school to enroll ineligible pupil in alternative
programs, independent study, distance education or charter school designated for pupils with
disciplinary problems.
2. A school district or a charter school, if the charter school offers the applicable program, may allow a
pupil who is ineligible to attend a public school pursuant to this section to enroll in:
(a) An alternative program for the education of pupils at risk of dropping out of school provided pursuant
to NRS 388.537;
(b) A program of independent study provided pursuant to NRS 389.155 for pupils who have been
suspended or expelled from public school;
(c) A program of distance education provided pursuant to NRS 388.820 to 388.874, inclusive; or
(d) Any program of instruction offered pursuant to the provisions of NRS 388.550,
if the pupil qualifies for enrollment and is accepted for enrollment in accordance with the requirements of
the applicable program. A school district or charter school may conduct an investigation of the
background of any such pupil to determine if the educational needs of the pupil may be satisfied without
undue disruption to the program. If an investigation is conducted, the board of trustees of the school
district or the governing body of the charter school shall, based on the results of the investigation,
determine if the pupil will be allowed to enroll in such a program.
ADMINISTRATIVE CODE
NAC 388.510. General requirements; effective period.
1. A plan for an alternative program submitted for approval pursuant to NRS 388.537 must be on a form
approved by the Department of Education and must address the considerations set forth in NRS 388.537.
2. A plan for an alternative program that is approved pursuant to NRS 388.537 remains in effect for 5
years after the date of approval. The board of trustees of a school district shall update its plan for an
alternative program at least once annually if a substantive change is made to the plan.
Page 18

Conditions
STATUTES
and:
4. This section does not prohibit a pupil from having in his or her possession a knife or firearm with the
approval of the principal of the school. A principal may grant such approval only in accordance with the
policies or regulations adopted by the board of trustees of the school district.
7. As used in this section: [...]
(c) Firearm includes, without limitation, any pistol, revolver, shotgun, explosive substance or device,
and any other item included within the definition of a firearm in 18 U.S.C. 921, as that section
existed on July 1, 1995.
Other weapons
STATUTES
and:
Page 19

4. This section does not prohibit a pupil from having in his or her possession a knife or firearm with the
approval of the principal of the school. A principal may grant such approval only in accordance with the
policies or regulations adopted by the board of trustees of the school district.
7. As used in this section: [...]
(b) Dangerous weapon includes, without limitation, a blackjack, slingshot, billy, sand-club, sandbag,
metal knuckles, dirk or dagger, a nunchaku, switchblade knife or trefoil, as defined in NRS 202.350, a
butterfly knife or any other knife described in NRS 202.350, or any other object which is used, or
threatened to be used, in such a manner and under such circumstances as to pose a threat of, or
cause, bodily injury to a person. [...]

STATUTES
at least one semester for that school. For the period of the pupils suspension or expulsion, the pupil
must:
Nev. Rev. Stat. Ann. 392.4655. Conditions under which pupil deemed habitual disciplinary
problem; plan of behavior to prevent pupil from being deemed habitual disciplinary problem.
1. Except as otherwise provided in this section, a principal of a school shall deem a pupil enrolled in the
school a habitual disciplinary problem if the school has written evidence which documents that in 1 school
year:
(a) The pupil has threatened or extorted, or attempted to threaten or extort, another pupil or a teacher or
other personnel employed by the school;
(b) The pupil has been suspended for initiating at least two fights on school property, at an activity
sponsored by a public school, on a school bus or, if the fight occurs within 1 hour of the beginning or
end of a school day, on the pupil's way to or from school; or
(c) The pupil has a record of five suspensions from the school for any reason.
Page 20
2. At least one teacher of a pupil who is enrolled in elementary school and at least two teachers of a pupil
who is enrolled in junior high, middle school or high school may request that the principal of the school
deem a pupil a habitual disciplinary problem. Upon such a request, the principal of the school shall meet
with each teacher who made the request to review the pupil's record of discipline. If, after the review, the
principal of the school determines that the provisions of subsection 1 do not apply to the pupil, a teacher
who submitted a request pursuant to this subsection may appeal that determination to the board of
trustees of the school district. Upon receipt of such a request, the board of trustees shall review the initial
request and determination pursuant to the procedure established by the board of trustees for such
matters.
3. If a pupil is suspended for initiating a fight described in paragraph (b) of subsection 1 and the fight is
the first such fight that the pupil has initiated during that school year, or if a pupil receives one suspension
on the pupil's record, the school in which the pupil is enrolled shall provide written notice to the parent or
legal guardian of the pupil that contains:
(a) A description of the acts committed by the pupil and the dates on which those acts were committed;
(b) An explanation that if the pupil is suspended for initiating one additional fight or if the pupil receives
five suspensions on his or her record during the current school year, the pupil will be deemed a habitual
disciplinary problem;
(c) An explanation that, pursuant to subsection 3 of NRS 392.466, a pupil who is deemed a habitual
disciplinary problem must be suspended or expelled from school for a period equal to at least one
school semester;
(d) If the pupil has a disability and is participating in a program of special education pursuant to NRS
388.520, an explanation of the effect of subsection 6 of NRS 392.466, including, without limitation, that
if it is determined in accordance with 20 U.S.C. 1415 that the pupil's behavior is not a manifestation of
the pupil's disability, he or she may be suspended or expelled from school in the same manner as a
pupil without a disability; and
(e) If applicable, a summary of the provisions of subsection 4.
A school shall provide the notice required by this subsection for each suspension on the record of a pupil
during a school year. A school may include the notice required by this subsection with notice that is
otherwise provided to the parent or legal guardian of a pupil which informs the parent or legal guardian of
the act committed by the pupil.
the first such fight that the pupil has initiated during that school year, or if a pupil receives four
suspensions on the pupil's record within 1 school year, the school in which the pupil is enrolled may
develop, in consultation with the pupil and the parent or legal guardian of the pupil, a plan of behavior for
the pupil. Such a plan must be designed to prevent the pupil from being deemed a habitual disciplinary
problem and may include, without limitation, a voluntary agreement by:
(a) The parent or legal guardian to attend school with his or her child.
(b) The pupil and the pupil's parent or legal guardian to attend counseling, programs or services
available in the school district or community.
(c) The pupil and the pupil's parent or legal guardian that the pupil will attend summer school,
intersession school or school on Saturday, if any of those alternatives are offered by the school district.
If the pupil commits the same act for which notice was provided pursuant to subsection 3 after he or she
enters into a plan of behavior, the pupil shall be deemed a habitual disciplinary problem.
5. If a pupil commits an act the commission of which qualifies the pupil to be deemed a habitual
disciplinary problem pursuant to subsection 1, the school shall provide written notice to the parent or legal
guardian of the pupil that contains:
Page 21
(a) A description of the qualifying act and any previous such acts committed by the pupil and the dates
on which those acts were committed;
(b) An explanation that pursuant to subsection 3 of NRS 392.466, a pupil who is a habitual disciplinary
problem must be suspended or expelled from school for a period equal to at least one school semester;
(c) If the pupil has a disability and is participating in a program of special education pursuant to NRS
(d) If applicable, a summary of the provisions of subsection 6.
The school shall provide the notice at least 7 days before the school deems the pupil a habitual
disciplinary problem. A school may include the notice required by this subsection with notice that is
6. Before a school deems a pupil a habitual disciplinary problem and suspends or expels the pupil, the
school may develop, in consultation with the pupil and the parent or legal guardian of the pupil, a plan of
behavior for the pupil. Such a plan must be designed to prevent the pupil from being deemed a habitual
disciplinary problem and may include, without limitation, a voluntary agreement by:
If the pupil violates the conditions of the plan or commits the same act for which notice was provided
pursuant to subsection 5 after he or she enters into a plan of behavior, the pupil shall be deemed a
habitual disciplinary problem.
7. A pupil may, pursuant to the provisions of this section, enter into one plan of behavior per school year.
8. The parent or legal guardian of a pupil who has entered into a plan of behavior with a school pursuant
to this section may appeal to the board of trustees of the school district a determination made by the
school concerning the contents of the plan of behavior or action taken by the school pursuant to the plan
of behavior. Upon receipt of such a request, the board of trustees of the school district shall review the
determination in accordance with the procedure established by the board of trustees for such matters.

STATUTES
Nev. Rev. Stat. Ann. 392.140. Conditions under which pupil declared habitual truant;
applicability.
1. Any child who has been declared a truant three or more times within one school year must be declared
a habitual truant.
2. Any child who has once been declared a habitual truant and who in an immediately succeeding year is
absent from school without the written:
(a) Approval of the child's teacher or the principal of the school pursuant to subsection 1 of NRS
392.130; or
Page 22
(b) Notice of his or her parent or legal guardian or other person who has control or charge over the pupil
pursuant to subsection 3 of NRS 392.130,
may again be declared a habitual truant.
3. The provisions of this section apply to all pupils who are required to attend school pursuant to NRS
392.040.
Nev. Rev. Stat. Ann. 392.144. Duties of school if pupil is truant; reporting of habitual truant to
law enforcement or referral to advisory board.
1. If a pupil has one or more unapproved absences from school, the school in which the pupil is enrolled
shall take reasonable actions designed, as applicable, to encourage, enable or convince the pupil to
attend school.
2. If a pupil is a habitual truant pursuant to NRS 392.140, the principal of the school shall:
(a) Report the pupil to a school police officer or to the local law enforcement agency for investigation
and issuance of a citation, if warranted, in accordance with NRS 392.149; or
(b) If the parent or legal guardian of a pupil has signed a written consent pursuant to subsection 4,
submit a written referral of the pupil to the advisory board to review school attendance in the county in
3. The board of trustees of each school district shall adopt criteria to determine whether the principal of a
school shall report a pupil to a school police officer or law enforcement agency pursuant to paragraph (a)
of subsection 2 or refer a pupil to an advisory board to review school attendance pursuant to paragraph
(b) of subsection 2.
4. If the principal of a school makes an initial determination to submit a written referral of a pupil to the
advisory board to review school attendance, the principal shall notify the parent or legal guardian of the
pupil and request the parent or legal guardian to sign a written consent that authorizes the school and, if
applicable, the school district to release the records of the pupil to the advisory board to the extent that
such release is necessary for the advisory board to carry out its duties pursuant to NRS 392.146; and
392.147. The written consent must comply with the applicable requirements of 20 U.S.C. 1232g(b) and
34 C.F.R. Part 99. If the parent or legal guardian refuses to sign the consent, the principal shall report the
pupil to a school police officer or to a local law enforcement agency pursuant to paragraph (a) of
subsection 2.
Nev. Rev. Stat. Ann. 392.149. Issuance of citation to habitual truant; applicability.
1. Upon receipt of a report pursuant to NRS 392.144; or 392.147, if it appears after investigation that a
pupil is a habitual truant, the school police officer or law enforcement agency to whom the report is made
shall prepare manually or electronically a citation directing the pupil to appear in the proper juvenile court.
Nev. Rev. Stat. Ann. 392.150. Appointment of attendance officer authorized; procedures to
monitor attendance and truancy; consideration of employment of attendance clerk.
1. The board of trustees of a school district may appoint an attendance officer for the school district, who
need not be a licensed employee of the school district, except that in any school district where a system
of classified employment is in effect, attendance officers must be classified employees of the school
district. If the board of trustees appoints an attendance officer for the school district, the board of trustees
may:
(a) Fix the compensation of the attendance officer;
(b) Prescribe the duties of the attendance officer; and
Page 23
(c) Adopt regulations not inconsistent with law for the performance of the duties of the attendance
officer.
2. The board of trustees of each school district shall:
(a) Establish procedures to monitor the attendance and truancy of pupils, including, without limitation, a
standard method for reporting the truancy of pupils and a standard method for reporting excessive
absences of pupils throughout the school district;
(b) Coordinate efforts to refer pupils who are truant to appropriate providers of community services; and
(c) Determine, based on the attendance and truancy of pupils at each school within the school district,
whether to employ an attendance clerk for a particular school or group of schools whose primary
responsibility is to monitor the attendance and truancy of pupils.
Nev. Rev. Stat. Ann. 392.160. Taking into custody child reported absent from school; persons or
counseling agency to whom child may be delivered.
1. Any peace officer, the attendance officer or any other school officer shall, during school hours, take into
custody without warrant:
(a) Any child between the ages of 7 and 18 years; and
(b) Any child who has arrived at the age of 6 years but not at the age of 7 years and is enrolled in a
public school, who has been reported to the officer by the teacher, superintendent of schools or other
school officer as an absentee from instruction upon which the child is lawfully required to attend.
2. Except as otherwise provided in subsection 3:
(a) During school hours, the officer having custody shall forthwith deliver the child to the superintendent
of schools, principal or other school officer at the child's school of attendance.
(b) After school hours, the officer having custody shall deliver the child to the parent, guardian or other
person having control or charge of the child.
Substance use
STATUTES
1. Each school district shall adopt a plan to ensure that the public schools within the school district are
safe and free of controlled substances. The plan must comply with the Safe and Drug-Free Schools and
Communities Act, 20 U.S.C. 7101 et seq.
2. Each school district shall prescribe written rules of behavior required of and prohibited for pupils
attending school within their district and shall prescribe appropriate punishments for violations of the
rules. If suspension or expulsion is used as a punishment for a violation of the rules, the school district
shall follow the procedures in NRS 392.467.
Page 24
Nev. Rev. Stat. Ann. 392.464. Adoption and enforcement by trustees of disciplinary measures for
pupil in possession of alcoholic beverage or controlled substance on premises of school.
1. The board of trustees of each school district shall adopt and enforce measures for disciplining any pupil
who is found in possession of an alcoholic beverage or a controlled substance, while on the premises of
any public school in its district.

STATUTES
Nev. Rev. Stat. Ann. 388.121. Definitions.
As used in NRS 388.121 to 388.139, inclusive, unless the context otherwise requires, the words and
terms defined in NRS 388.122 to 388.129, inclusive, have the meanings ascribed to them in those
sections.
Nev. Rev. Stat. Ann. 388.122. Bullying defined.
Bullying means a willful act which is written, verbal or physical, or a course of conduct on the part of one
or more persons which is not authorized by law and which exposes a person one time or repeatedly and
over time to one or more negative actions which is highly offensive to a reasonable person and:
1. Is intended to cause or actually causes the person to suffer harm or serious emotional distress;
2. Places the person in reasonable fear of harm or serious emotional distress; or
3. Creates an environment which is hostile to a pupil by interfering with the education of the pupil.
Nev. Rev. Stat. Ann. 388.123. Cyber-bullying defined.
Cyber-bullying means bullying through the use of electronic communication. The term includes the use
of electronic communication to transmit or distribute a sexual image of a minor. As used in this section,
sexual image has the meaning ascribed to it in NRS 200.737.
Nev. Rev. Stat. Ann. 388.124. Electronic communication defined.
Electronic communication means the communication of any written, verbal or pictorial information
through the use of an electronic device, including, without limitation, a telephone, a cellular phone, a
computer or any similar means of communication.
Page 25
Nev. Rev. Stat. Ann. 388.125. Harassment defined.

Harassment means a willful act which is written, verbal or physical, or a course of conduct that is not
otherwise authorized by law, is highly offensive to a reasonable person and:
1. Is intended to cause or actually causes another person to suffer serious emotional distress;
2. Places a person in reasonable fear of harm or serious emotional distress; or
Nev. Rev. Stat. Ann. 388.129. Intimidation defined.
Intimidation means a willful act which is written, verbal or physical, or a course of conduct that is not
otherwise authorized by law, is highly offensive to a reasonable person and:
1. Poses a threat of immediate harm or actually inflicts harm to another person or to the property of
another person;
2. Places a person in reasonable fear of harm or serious emotional distress; or
Nev. Rev. Stat. Ann. 388.132. Legislative declaration concerning safe and respectful learning
environment.
The Legislature declares that:
1. A learning environment that is safe and respectful is essential for the pupils enrolled in the public
schools in this State to achieve academic success and meet this States high academic standards;
2. Any form of bullying, cyber-bullying, harassment or intimidation in public schools seriously interferes
with the ability of teachers to teach in the classroom and the ability of pupils to learn;
3. The use of the Internet by pupils in a manner that is ethical, safe and secure is essential to a safe and
respectful learning environment and is essential for the successful use of technology;
4. The intended goal of the Legislature is to ensure that:
(a) The public schools in this State provide a safe and respectful learning environment in which persons
of differing beliefs, characteristics and backgrounds can realize their full academic and personal
potential;
(b) All administrators, principals, teachers and other personnel of the school districts and public schools
in this State demonstrate appropriate behavior on the premises of any public school by treating other
persons, including, without limitation, pupils, with civility and respect and by refusing to tolerate bullying,
cyber-bullying, harassment or intimidation; and
(c) All persons in public schools are entitled to maintain their own beliefs and to respectfully disagree
without resorting to bullying, cyber-bullying, violence, harassment or intimidation; and
5. By declaring its goal that the public schools in this State provide a safe and respectful learning
environment, the Legislature is not advocating or requiring the acceptance of differing beliefs in a manner
that would inhibit the freedom of expression, but is requiring that pupils with differing beliefs be free from
abuse and harassment.
Nev. Rev. Stat. Ann. 388.1325. Bullying Prevention Fund: Creation; acceptance of gifts and
grants; credit of interest and income; authorized uses by school district that receives grant.
1. The Bullying Prevention Fund is hereby created in the State General Fund, to be administered by the
Superintendent of Public Instruction. The Superintendent of Public Instruction may accept gifts and grants
from any source for deposit into the Fund. The interest and income earned on the money in the Fund
must be credited to the Fund.
Page 26
2. In accordance with the regulations adopted by the State Board pursuant to NRS 388.1327, a school
district that applies for and receives a grant of money from the Bullying Prevention Fund shall use the
money for one or more of the following purposes:
(a) The establishment of programs to create a school environment that is free from bullying, cyberbullying, harassment and intimidation;
(b) The provision of training on the policies adopted by the school district pursuant to NRS 388.134 and
the provisions of NRS 388.121 to 388.139, inclusive; or
(c) The development and implementation of procedures by which the public schools of the school
district and the pupils enrolled in those schools can discuss the policies adopted pursuant to NRS
388.134 and the provisions of NRS 388.121 to 388.139, inclusive.
Nev. Rev. Stat. Ann. 388.1327. Regulations.
The State Board shall adopt regulations:
1. Establishing the process whereby school districts may apply to the State Board for a grant of money
from the Bullying Prevention Fund pursuant to NRS 388.1325.
2. As are necessary to carry out the provisions of NRS 388.121 to 388.139, inclusive.
environment.
intimidation.
limitation:
among pupils; and
positive behavior.
policies.
The board of trustees of each school district shall:
1. Adopt the policy prescribed pursuant to NRS 388.133 and the policy prescribed pursuant to subsection
2 of NRS 389.520. The board of trustees may adopt an expanded policy for one or both of the policies if
Page 27
each expanded policy complies with the policy prescribed pursuant to NRS 388.133 or pursuant to
subsection 2 of NRS 389.520, as applicable.
2. Provide for the appropriate training of all administrators, principals, teachers and all other personnel
employed by the board of trustees in accordance with the policies prescribed pursuant to NRS 388.133
and pursuant to subsection 2 of NRS 389.520.
3. Post the policies adopted pursuant to subsection 1 on the Internet website maintained by the school
district.
4. Ensure that the parents and legal guardians of pupils enrolled in the school district have sufficient
information concerning the availability of the policies, including, without limitation, information that
describes how to access the policies on the Internet website maintained by the school district. Upon the
request of a parent or legal guardian, the school district shall provide the parent or legal guardian with a
written copy of the policies.
5. Review the policies adopted pursuant to subsection 1 on an annual basis and update the policies if
necessary. If the board of trustees of a school district updates the policies, the board of trustees must
submit a copy of the updated policies to the Department within 30 days after the update.
Nev. Rev. Stat. Ann. 388.135. Bullying, cyber-bullying, harassment and intimidation prohibited.
A member of the board of trustees of a school district, any employee of the board of trustees, including,
without limitation, an administrator, principal, teacher or other staff member, or any pupil shall not engage
in bullying, cyber-bullying, harassment or intimidation on the premises of any public school, at an activity
sponsored by a public school or on any school bus.
Nev. Rev. Stat. Ann. 388.1351. Staff member required to report violation to principal; time period
for initiation and completion of investigation; authorization for parent to appeal disciplinary
decision.
1. A teacher or other staff member who witnesses a violation of NRS 388.135 or receives information that
a violation of NRS 388.135 has occurred shall verbally report the violation to the principal or his or her
designee on the day on which the teacher or other staff member witnessed the violation or received
information regarding the occurrence of a violation.
2. The principal or his or her designee shall initiate an investigation not later than 1 day after receiving
notice of the violation pursuant to subsection 1. The investigation must be completed within 10 days after
the date on which the investigation is initiated and, if a violation is found to have occurred, include
recommendations concerning the imposition of disciplinary action or other measures to be imposed as a
result of the violation, in accordance with the policy governing disciplinary action adopted by the board of
trustees of the school district.
3. The parent or legal guardian of a pupil involved in the reported violation of NRS 388.135 may appeal a
disciplinary decision of the principal or his or her designee, made against the pupil as a result of the
violation, in accordance with the policy governing disciplinary action adopted by the board of trustees of
Nev. Rev. Stat. Ann. 388.1352. Establishment of policy by school districts for employees to report
violations to law enforcement.
The board of trustees of each school district, in conjunction with the school police officers of the school
district, if any, and the local law enforcement agencies that have jurisdiction over the school district, shall
establish a policy for the procedures which must be followed by an employee of the school district when
reporting a violation of NRS 388.135 to a school police officer or local law enforcement agency.
Page 28
Nev. Rev. Stat. Ann. 388.1353. Principal required to submit report of violations for each semester
to school district; review and compilation of reports by school district; submission of compilation
to Department.
1. On or before January 1 and June 30 of each year, the principal of each public school shall submit to
the board of trustees of the school district a report on the violations of NRS 388.135 which are reported
during the previous school semester. The report must include, without limitation:
(a) The number of violations of NRS 388.135 occurring at the school or otherwise involving a pupil
enrolled at the school which are reported during that period; and
(b) Any actions taken at the school to reduce the number of incidences of bullying, cyber-bullying,
harassment and intimidation, including, without limitation, training that was offered or other policies,
practices and programs that were implemented.
2. The board of trustees of each school district shall review and compile the reports submitted pursuant
to subsection 1 and, on or before August 1, submit a compilation of the reports to the Department.
Nev. Rev. Stat. Ann. 388.1355. Compilation of reports by Superintendent of Public Instruction;
submission of written compilation to Attorney General.
The Superintendent of Public Instruction shall:
1. Compile the reports submitted pursuant to NRS 388.1353 and prepare a written report of the
compilation.
2. On or before October 1 of each year, submit the written compilation to the Attorney General.
Nev. Rev. Stat. Ann. 388.136. School officials prohibited from interfering with disclosure of
violations.
1. A school official shall not directly or indirectly interfere with or prevent the disclosure of information
concerning a violation of NRS 388.135.
2. As used in this section, school official means:
(a) A member of the board of trustees of a school district; or
(b) A licensed or unlicensed employee of a school district.
Nev. Rev. Stat. Ann. 388.137. Immunity for reporting of violations; exceptions.
No cause of action may be brought against a pupil or an employee or volunteer of a school who reports a
violation of NRS 388.135 unless the person who made the report acted with malice, intentional
misconduct, gross negligence, or intentional or knowing violation of the law.
Nev. Rev. Stat. Ann. 388.139. Text of certain provisions required to be included in rules of
behavior.
Each school district shall include the text of the provisions of NRS 388.121 to 388.139, inclusive, and the
policies adopted by the board of trustees of the school district pursuant to NRS 388.134 under the
heading "Bullying, Cyber-Bullying, Harassment and Intimidation Is Prohibited in Public Schools," within
each copy of the rules of behavior for pupils that the school district provides to pupils pursuant to NRS
392.463.
Nev. Rev. Stat. Ann. 392.915. Threatening to cause bodily harm or death to pupil or school
employee by means of oral, written or electronic communication; penalties.
1. A person shall not, through the use of any means of oral, written or electronic communication,
including, without limitation, through the use of cyber-bullying, knowingly threaten to cause bodily harm or
death to a pupil or employee of a school district or charter school with the intent to:
Page 29
(a) Intimidate, harass, frighten, alarm or distress a pupil or employee of a school district or charter
school;
(b) Cause panic or civil unrest; or
(c) Interfere with the operation of a public school, including, without limitation, a charter school.
2. Unless a greater penalty is provided by specific statute, a person who violates the provisions of
subsection 1 is guilty of:
(a) A misdemeanor, unless the provisions of paragraph (b) apply to the circumstances.
(b) A gross misdemeanor, if the threat causes:
(1) Any pupil or employee of a school district or charter school who is the subject of the threat to be
intimidated, harassed, frightened, alarmed or distressed;
(2) Panic or civil unrest; or
(3) Interference with the operation of a public school, including, without limitation, a charter school.

STATUTES
Nev. Rev. Stat. Ann. 392.910. Disturbance of school; assaulting pupil or school employee;
interference with persons peaceably assembled within school; penalties.
1. It is unlawful for any person to disturb the peace of any public school by using vile or indecent
language within the building or grounds of the school. Any person who violates any of the provisions of
this subsection is guilty of a misdemeanor.
2. It is unlawful for any person to assault any pupil or school employee:
(a) Within the building or grounds of the school;
(b) On a bus, van or any other motor vehicle owned, leased or chartered by a school district to transport
pupils or school employees; or (c) At a location where the pupil or school employee is involved in an
activity sponsored by a public school.
Except under circumstances described in paragraph (c) or (d) of subsection 2 of NRS 200.471 or in NRS
200.571, any person who violates any of the provisions of this subsection is guilty of a misdemeanor.
property.
Page 30
gang.
3. The board of trustees of each school district may develop the policy required pursuant to subsection 1
in consultation with:
(a) Local law enforcement agencies;
(b) School police officers, if any;
(c) Persons who have experience regarding the actions and activities of criminal gangs;
(d) Organizations which are dedicated to alleviating criminal gangs or assisting members of criminal
gangs who wish to disassociate from the gang; and
(e) Any other person deemed necessary by the board of trustees.
4. As used in this section, "criminal gang" has the meaning ascribed to it in NRS 213.1263.
Nev. Rev. Stat. Ann. 392.4637. Policy concerning use and possession of pagers, cellular
telephones and other electronic devices.
1. The board of trustees of each school district shall adopt a policy concerning the use and possession by
pupils of a pager, cellular telephone or any other similar electronic device used for communication while
on the premises of a public school or while at an activity sponsored by a public school.
2. The policy adopted pursuant to subsection 1 must:
(a) Prescribe appropriate measures for disciplining a pupil who violates the policy.
(b) Be included within each copy of the rules of behavior for pupils that the school district provides to
pupils pursuant to NRS 392.463.
Page 31

Prevention
STATUTES
environment.
intimidation.
limitation:
among pupils; and
positive behavior.
(a) The establishment of programs to create a school environment that is free from bullying, cyberbullying, harassment and intimidation; []
property.
Page 32

STATUTES
2. The board of trustees of each school district shall: [...]
(c) Determine, based on the attendance and truancy of pupils at each school within the school district,
whether to employ an attendance clerk for a particular school or group of schools whose primary
responsibility is to monitor the attendance and truancy of pupils.
STATUTES
environment.
intimidation.
limitation:
among pupils; and
positive behavior.
policies.
2. Provide for the appropriate training of all administrators, principals, teachers and all other personnel
employed by the board of trustees in accordance with the policies prescribed pursuant to NRS 388.133
and pursuant to subsection 2 of NRS 389.520.
Page 33
property.
gang.
Page 34

STATUTES
Nev. Rev. Stat. Ann. 388.1351. Staff member required to report violation to principal; time period
for initiation and completion of investigation; authorization for parent to appeal disciplinary
decision.
1. A teacher or other staff member who witnesses a violation of NRS 388.135 or receives information that
a violation of NRS 388.135 has occurred shall verbally report the violation to the principal or his or her
designee on the day on which the teacher or other staff member witnessed the violation or received
information regarding the occurrence of a violation.
2. The principal or his or her designee shall initiate an investigation not later than 1 day after receiving
notice of the violation pursuant to subsection 1. The investigation must be completed within 10 days after
the date on which the investigation is initiated and, if a violation is found to have occurred, include
recommendations concerning the imposition of disciplinary action or other measures to be imposed as a
result of the violation, in accordance with the policy governing disciplinary action adopted by the board of
trustees of the school district.
3. The parent or legal guardian of a pupil involved in the reported violation of NRS 388.135 may appeal a
disciplinary decision of the principal or his or her designee, made against the pupil as a result of the
violation, in accordance with the policy governing disciplinary action adopted by the board of trustees of
STATUTES
Nev. Rev. Stat. Ann. 388.5275. Conditions under which physical restraint may be used; report
3. If physical restraint is used on a pupil with a disability in an emergency, the use of the procedure must
be reported in the pupils cumulative record and a confidential file maintained for the pupil not later than 1
working day after the procedure is used. A copy of the report must be provided to the board of trustees of
the school district or its designee, the pupils individualized education program team and the parent or
guardian of the pupil. If the board of trustees or its designee determines that a denial of the pupils rights
has occurred, the board of trustees or its designee shall submit a report to the Department in accordance
with NRS 388.5315.
Nev. Rev. Stat. Ann. 388.528. Conditions under which mechanical restraint may be used; report
3. If mechanical restraint is used on a pupil with a disability in an emergency, the use of the procedure
must be reported in the pupils cumulative record and a confidential file maintained for the pupil not later
than 1 working day after the procedure is used. A copy of the report must be provided to the board of
trustees of the school district or its designee, the pupils individualized education program team and the
parent or guardian of the pupil. If the board of trustees or its designee determines that a denial of the
pupils rights has occurred, the board of trustees or its designee shall submit a report to the Department in
Page 35
Nev. Rev. Stat. Ann. 392.140. Conditions under which pupil declared habitual truant;
applicability.
1. Any child who has been declared a truant three or more times within one school year must be declared
a habitual truant.
2. Any child who has once been declared a habitual truant and who in an immediately succeeding year is
absent from school without the written:
(a) Approval of the child's teacher or the principal of the school pursuant to subsection 1 of NRS
392.130; or
(b) Notice of his or her parent or legal guardian or other person who has control or charge over the pupil
pursuant to subsection 3 of NRS 392.130,
attend school.
subsection 2.
Nev. Rev. Stat. Ann. 392.4655. Conditions under which pupil deemed habitual disciplinary
problem; plan of behavior to prevent pupil from being deemed habitual disciplinary problem.
1. Except as otherwise provided in this section, a principal of a school shall deem a pupil enrolled in the
school a habitual disciplinary problem if the school has written evidence which documents that in 1 school
year: []
the first such fight that the pupil has initiated during that school year, or if a pupil receives four
suspensions on the pupil's record within 1 school year, the school in which the pupil is enrolled may
develop, in consultation with the pupil and the parent or legal guardian of the pupil, a plan of behavior for
Page 36
the pupil. Such a plan must be designed to prevent the pupil from being deemed a habitual disciplinary
problem and may include, without limitation, a voluntary agreement by:
If the pupil commits the same act for which notice was provided pursuant to subsection 3 after he or she
enters into a plan of behavior, the pupil shall be deemed a habitual disciplinary problem.
A school shall provide the notice required by this subsection for each suspension on the record of a pupil
during a school year. A school may include the notice required by this subsection with notice that is
5. If a pupil commits an act the commission of which qualifies the pupil to be deemed a habitual
disciplinary problem pursuant to subsection 1, the school shall provide written notice to the parent or legal
guardian of the pupil that contains:
(a) A description of the qualifying act and any previous such acts committed by the pupil and the dates
on which those acts were committed;
(b) An explanation that pursuant to subsection 3 of NRS 392.466, a pupil who is a habitual disciplinary
problem must be suspended or expelled from school for a period equal to at least one school semester;
(c) If the pupil has a disability and is participating in a program of special education pursuant to NRS
(d) If applicable, a summary of the provisions of subsection 6.
The school shall provide the notice at least 7 days before the school deems the pupil a habitual
disciplinary problem. A school may include the notice required by this subsection with notice that is
6. Before a school deems a pupil a habitual disciplinary problem and suspends or expels the pupil, the
school may develop, in consultation with the pupil and the parent or legal guardian of the pupil, a plan of
behavior for the pupil. Such a plan must be designed to prevent the pupil from being deemed a habitual
disciplinary problem and may include, without limitation, a voluntary agreement by:
If the pupil violates the conditions of the plan or commits the same act for which notice was provided
pursuant to subsection 5 after he or she enters into a plan of behavior, the pupil shall be deemed a
habitual disciplinary problem.
7. A pupil may, pursuant to the provisions of this section, enter into one plan of behavior per school year.
8. The parent or legal guardian of a pupil who has entered into a plan of behavior with a school pursuant
to this section may appeal to the board of trustees of the school district a determination made by the
Page 37
school concerning the contents of the plan of behavior or action taken by the school pursuant to the plan
of behavior. Upon receipt of such a request, the board of trustees of the school district shall review the
determination in accordance with the procedure established by the board of trustees for such matters.

STATUTES
Nev. Rev. Stat. Ann. 388.1352. Establishment of policy by school districts for employees to
report violations to law enforcement.
The board of trustees of each school district, in conjunction with the school police officers of the school
establish a policy for the procedures which must be followed by an employee of the school district when
reporting a violation of NRS 388.135 to a school police officer or local law enforcement agency.
attend school.
2. If a pupil is a habitual truant pursuant to NRS 392.140, the principal of the school shall:
(a) Report the pupil to a school police officer or to the local law enforcement agency for investigation
and issuance of a citation, if warranted, in accordance with NRS 392.149; or
(b) If the parent or legal guardian of a pupil has signed a written consent pursuant to subsection 4,
submit a written referral of the pupil to the advisory board to review school attendance in the county in
3. The board of trustees of each school district shall adopt criteria to determine whether the principal of a
school shall report a pupil to a school police officer or law enforcement agency pursuant to paragraph (a)
of subsection 2 or refer a pupil to an advisory board to review school attendance pursuant to paragraph
(b) of subsection 2.
subsection 2.
Nev. Rev. Stat. Ann. 392.850. Provision of information to certain employees regarding unlawful
conduct of pupil; immunity from liability under certain circumstances; confidentiality of
information.
1. The board of trustees of a county school district, or its designee, shall inform each employee of the
district, including teachers, other licensed employees, drivers of school buses, instructional aides and
office managers, who may have consistent contact with a pupil if that pupil has, within the preceding 3
years, unlawfully caused or attempted to cause serious bodily injury to any person. The district shall
provide this information based upon any written records that the district maintains or which it receives
Page 38
from a law enforcement agency or a court. The district need not initiate a request for such information
from any source. []
Nev. Rev. Stat. Ann. 392.4633. Corporal punishment prohibited; report of violation; forwarding of
complaint if determined to be substantiated.
1. Corporal punishment must not be administered upon a pupil in any public school.
2. Subsection 1 does not prohibit any teacher, principal or other licensed person from defending himself
or herself if attacked by a pupil.
3. A person may report the use of corporal punishment on a pupil to the agency which provides child
welfare services in the county in which the school district is located. If the agency determines that the
complaint is substantiated, the agency shall forward the complaint to the Department, the appropriate
local law enforcement agency within the county and the district attorney's office within the county for
further investigation. []
Nev. Rev. Stat. Ann. 392.4638. Board of trustees authorized to adopt policy for pupils to report
unlawful activity being conducted on school property, activity sponsored by public school or on
school bus.
1. The board of trustees of each school district may adopt a policy that allows a pupil enrolled in a public
school within the school district to report, anonymously if the pupil chooses, any unlawful activity which is
being conducted on school property, at an activity sponsored by a public school or on a school bus. The
policy may include, without limitation:
(a) The types of unlawful activities which a pupil may report; and
(b) The manner in which a pupil may report the unlawful activities.
2. The board of trustees of a school district may work in consultation with a local law enforcement agency
or other governmental entity, corporation, business, organization or other entity to assist the board of
trustees in the implementation of a policy adopted pursuant to subsection 1. []

STATUTES
information.
from any source.
2. A school district and the members of its board of trustees are not liable for failure strictly to comply with
this section if a good faith effort to comply is made.
3. Except as otherwise provided in NRS 239.0115, any information received by an employee pursuant to
this section is confidential and must not be further disseminated by the employee.
Page 39

STATUTES
policies.
5. Review the policies adopted pursuant to subsection 1 on an annual basis and update the policies if
necessary. If the board of trustees of a school district updates the policies, the board of trustees must
submit a copy of the updated policies to the Department within 30 days after the update.
Nev. Rev. Stat. Ann. 388.1353. Principal required to submit report of violations for each semester
to school district; review and compilation of reports by school district; submission of compilation
to Department.
1. On or before January 1 and June 30 of each year, the principal of each public school shall submit to
the board of trustees of the school district a report on the violations of NRS 388.135 which are reported
during the previous school semester. The report must include, without limitation:
(a) The number of violations of NRS 388.135 occurring at the school or otherwise involving a pupil
enrolled at the school which are reported during that period; and
(b) Any actions taken at the school to reduce the number of incidences of bullying, cyber-bullying,
harassment and intimidation, including, without limitation, training that was offered or other policies,
practices and programs that were implemented.
2. The board of trustees of each school district shall review and compile the reports submitted pursuant to
subsection 1 and, on or before August 1, submit a compilation of the reports to the Department.
3. On or before July 1 of each year, the Department shall:
(a) Provide a copy of the code of honor to the board of trustees of each school district and the
governing body of each charter school.
(b) Review and amend the code of honor as necessary.
2. On or before October 1 of each year, the principal of each public school shall:
(a) Review the plan in consultation with the teachers and other educational personnel and support
personnel who are employed at the school;
(b) Based upon the review, make revisions to the plan, as recommended by the teachers and other
educational personnel and support personnel, if necessary; and
(c) Post a copy of the plan or the revised plan, as applicable, in a prominent place at the school for
public inspection and otherwise make the plan available for public inspection at the administrative office
of the school.
3. On or before October 1 of each year, the principal of each public school shall submit a copy of the plan
established pursuant to subsection 1 or a revised plan, if applicable, to the superintendent of schools of
Page 40
the school district. On or before November 1 of each year, the superintendent of schools of each school
district shall submit a report to the board of trustees of the school district that includes:
(a) A compilation of the plans submitted pursuant to this subsection by each school within the school
district.
(b) The name of each principal, if any, who has not complied with the requirements of this section.
4. On or before November 30 of each year, the board of trustees of each school district shall submit a
written report to the Superintendent of Public Instruction based upon the compilation submitted pursuant
to subsection 3 that reports the progress of each school within the district in complying with the
requirements of this section.
5. On or before December 31 of each year, the Superintendent of Public Instruction shall submit a written
report to the Director of the Legislative Counsel Bureau concerning the progress of the schools and
school districts throughout this state in complying with this section. If the report is submitted during:
(a) An even-numbered year, the Director of the Legislative Counsel Bureau shall transmit it to the next
regular session of the Legislature.
(b) An odd-numbered year, the Director of the Legislative Counsel Bureau shall transmit it to the
Legislative Committee on Education
Page 41

STATUTES
1. The board of trustees of a school district may appoint an attendance officer for the school district, who
need not be a licensed employee of the school district, except that in any school district where a system
of classified employment is in effect, attendance officers must be classified employees of the school
district. If the board of trustees appoints an attendance officer for the school district, the board of trustees
may:
(a) Fix the compensation of the attendance officer;
(b) Prescribe the duties of the attendance officer; and
(c) Adopt regulations not inconsistent with law for the performance of the duties of the attendance
officer.
Nev. Rev. Stat. Ann. 392.160. Taking into custody child reported absent from school; persons or
counseling agency to whom child may be delivered.
1. Any peace officer, the attendance officer or any other school officer shall, during school hours, take into
custody without warrant:
(a) Any child between the ages of 7 and 18 years; and
(b) Any child who has arrived at the age of 6 years but not at the age of 7 years and is enrolled in a
public school, who has been reported to the officer by the teacher, superintendent of schools or other
school officer as an absentee from instruction upon which the child is lawfully required to attend.
2. Except as otherwise provided in subsection 3:
(a) During school hours, the officer having custody shall forthwith deliver the child to the superintendent
of schools, principal or other school officer at the child's school of attendance.
(b) After school hours, the officer having custody shall deliver the child to the parent, guardian or other
person having control or charge of the child.
Nev. Rev. Stat. Ann. 392.855. Policy for procedures to be followed by peace officers in arresting
pupil on school grounds during school hours.
1. The board of trustees of each school district, in conjunction with the school police officers of the school
establish a policy for the procedures which must be followed by a peace officer in arresting a pupil on
school grounds during school hours. The policy must include the circumstances under which the chief
administrative officer of a school must be notified of the arrest of a pupil.
2. Each law enforcement agency that has jurisdiction over any part of a school district shall adopt the
policy which is established pursuant to subsection 1.
Page 42

Page 43

STATUTES
(a) The establishment of programs to create a school environment that is free from bullying, cyberbullying, harassment and intimidation;
(b) The provision of training on the policies adopted by the school district pursuant to NRS 388.134 and
the provisions of NRS 388.121 to 388.139, inclusive; or
(c) The development and implementation of procedures by which the public schools of the school
district and the pupils enrolled in those schools can discuss the policies adopted pursuant to NRS
388.134 and the provisions of NRS 388.121 to 388.139, inclusive.
Nev. Rev. Stat. Ann. 388.1327. Regulations.
The State Board shall adopt regulations:
1. Establishing the process whereby school districts may apply to the State Board for a grant of money
from the Bullying Prevention Fund pursuant to NRS 388.1325.
2. As are necessary to carry out the provisions of NRS 388.121 to 388.139, inclusive.
Page 44
Other/Uncategorized
STATUTES
Nev. Rev. Stat. Ann. 388.137. Immunity for reporting of violations; exceptions.
No cause of action may be brought against a pupil or an employee or volunteer of a school who reports a
violation of NRS 388.135 unless the person who made the report acted with malice, intentional
misconduct, gross negligence, or intentional or knowing violation of the law.
information.
from any source.
2. A school district and the members of its board of trustees are not liable for failure strictly to comply with
this section if a good faith effort to comply is made.
3. Except as otherwise provided in NRS 239.0115, any information received by an employee pursuant to
this section is confidential and must not be further disseminated by the employee.

STATUTES
environment.
intimidation.
2. The board of trustees of each school district shall:
Page 45
property.
3. The board of trustees of each school district may develop the policy required pursuant to subsection 1
in consultation with:
(a) Local law enforcement agencies;
(b) School police officers, if any;
(c) Persons who have experience regarding the actions and activities of criminal gangs;
(d) Organizations which are dedicated to alleviating criminal gangs or assisting members of criminal
gangs who wish to disassociate from the gang; and
(e) Any other person deemed necessary by the board of trustees.
Other/Uncategorized
STATUTES
Nev. Rev. Stat. Ann. 392.264. Offender prohibited from attending school victim attends without
court approval; duty of superintendent of school district to negotiate agreement for attendance in
another school district; termination of agreement.
1. If a superintendent of a school district receives notification and a victim identified in the notification is a
pupil in the school district, the superintendent shall not permit an offender who is subject to the provisions
of NRS 62F.100 to 62F.150, inclusive, to attend a public school that a victim is attending unless:
(a) An alternative plan of supervision is approved by the court pursuant to NRS 62F.130; or
(b) An alternative plan of attendance is approved by the court pursuant to NRS 62F.140.
2. If the court does not approve an alternative plan of supervision or an alternative plan of attendance for
the offender and the school district in which the offender resides does not have another public school in
the district for the offender to attend, the superintendent of the school district shall negotiate an
agreement with:
(a) The superintendent of an adjoining school district within this state for the offender to attend a public
school in that adjoining school district; or
(b) The superintendent, or another appropriate administrator, of an adjoining school district in an
adjoining state for the offender to attend a public school in that adjoining school district.
3. The superintendent of the school district in which the offender resides shall inform the person with
whom the superintendent is negotiating that the offender has been adjudicated delinquent for a sexual
offense or a sexually motivated act, but the superintendent shall not disclose the name of a victim.
4. An agreement which is made pursuant to this section and which is presented to a board of trustees for
approval:
(a) Must not contain the name of a victim;
(b) Must comply with the provisions of subsections 2 and 3 of NRS 392.010; and
(c) Must be approved by the Superintendent of Public Instruction.
5. A board of trustees may terminate an agreement entered into pursuant to this section if, because of a
change in circumstances, the offender is able to attend a public school in the school district in which the
offender resides without violating subsection 1.
Page 46
For definitions pertaining to this statute see 392.521, 392.254, 392.258, 392.2583, 392.2587, and
392.261.
Page 47

School Discipline
resources provided by Nevada provide additional context to state policy and regulations and, in some
Title
Description
Website
No relevant
resources found
Documents
No relevant
resources found
Other Resources
No relevant
resources found
Page 48
New Hampshire
Discipline Laws and
Regulations
Introduction
document.
Notes & Disclaimers

Prepared by:
Child Trends
Suite 1200W
Suite 110
Table of Contents
New Hampshire State Codes Cited ........................................................................................................... 1
Scope ........................................................................................................................................................ 5
Other weapons ........................................................................................................................................ 12
Substance use......................................................................................................................................... 14
Prevention ............................................................................................................................................... 20
New Hampshire State Codes Cited

New Hampshire Revised Statutes
Title XV. Education
Chapter 189. School Boards, Superintendents, Teachers, and Truant Officers; School Census
189:9-a.
189:34.
189:35.
189:36.
189:37.
189:49-a.
Pupils prohibited for disciplinary reasons

Appointment
Term; removal
Duties
Additional officers
Fingerprinting program
Chapter 193. Pupils

193:13.
193:15.
193:16.
Suspension and expulsion of pupils

Penalty for unauthorized attendance, etc
Bylaws as to nonattendance
Chapter 193-B. Drug-Free School Zones

193-B:1.
193-B:2.
193-B:3.
193-B:4.
193-B:5.
193-B:6.
193-B:7.
Definitions
Drug-free school zones
Maps of drug-free zones; exemption
Rulemaking; notice; posting
Toll-free hotline; rulemaking; local hotlines; notice
Penalties
Penalty Assessment
Chapter 193-D. Safe School Zones

193-D:1.
193-D:2.
193-D:3.
193-D:4.
193-D:7.
193-D:8.
193-D:9.
Definitions
State board rulemaking authority; public school district policies
Criminal penalties
Written report required
Confidentiality
Transfer records; notice
Liability for reporting
Chapter 193-F. Pupil Safety and Violence Prevention

193-F:2.
193-F:3.
193-F:4.
193-F:5.
193-F:6.
193-F:7.
Purpose and intent

Definitions
Pupil safety and violence prevention
Training and assessment
Reporting
Immunity
New Hampshire Compilation of School Discipline Laws and Regulations
Page 1
Title LXII. Criminal Code

Chapter 627. Justification
627:6.
Physical force by persons with special responsibilities
Chapter 631. Assault and Related Offenses

631:7.
Student hazing
New Hampshire Administrative Code

Education
Chapter Ed 300. Administration of Minimum Standards in Public Schools
Part Ed 317. Standards and Procedures for Suspension and Expulsion of Pupils Including
Procedures Assuring Due Process
Ed 317.03.
Ed 317.04.
Ed 317.05.
Ed 317.06.
Standard for expulsion by local school board

Disciplinary procedures
Reporting procedures
Child with a disability
Page 2
General Provisions
STATUTES
193-D:2. State Board Rulemaking Authority; Public School District Policies.
I. The state board of education shall adopt rules relative to safe school zones, under RSA 541-A, for
public school pupils and public school employees regarding:
(a) Disciplinary proceedings, including procedures assuring due process.
(b) (1) Standards and procedures for suspension and expulsion of pupils, including procedures assuring
due process.
(2) Standards and procedures which shall require expulsion of a pupil for knowingly possessing a
firearm in a safe school zone without written authorization from the superintendent or designee.
(c) Procedures pertaining to discipline of pupils with special needs, including procedures assuring due
process.
(d) Procedures for reporting acts of theft, destruction, or violence under RSA 193-D:4.
II. Nothing in this chapter shall prohibit local school boards from adopting and implementing policies
relative to pupil conduct and disciplinary procedures.
193-D:4. Written Report Required.
I. (a) Any public or private school employee who has witnessed or who has information from the victim of
an act of theft, destruction, or violence in a safe school zone shall report such act in writing immediately
to a supervisor. A supervisor receiving such report shall immediately forward such information to the
school principal who shall file it with the local law enforcement authority. Such report shall be made by
the principal to the local law enforcement authority immediately, by telephone or otherwise, and shall be
followed within 48 hours by a report in writing. If the alleged victim is a student, the principal shall also
immediately notify the person responsible for the victim's welfare, as defined in RSA 169-C:3, XXII, that
a report was made to the local law enforcement authority.
(b) The provisions of subparagraph (a) shall not apply to any simple assault involving pupils in
kindergarten through grade 12 if the local school board has adopted a discipline policy which sets forth
circumstances under which parents shall be notified of simple assaults.
(c) Each school district, in conjunction with the local law enforcement authority, shall establish a
memorandum of understanding for administering the provisions of RSA 193-D:4, I(a)-(c).
193-F:4. Pupil Safety and Violence Prevention.
I. The school board of each school district and the board of trustees of a chartered public school shall, no
later than 6 months after the effective date of this section, adopt a written policy prohibiting bullying and
cyberbullying. Such policy shall include the definitions set forth in RSA 193-F:3. The policy shall contain,
at a minimum, the following components:
(a) A statement prohibiting bullying or cyberbullying of a pupil.
(b) A statement prohibiting retaliation or false accusations against a victim, witness, or anyone else who
in good faith provides information about an act of bullying or cyberbullying and, at the time a report is
made, a process for developing, as needed, a plan to protect pupils from retaliation.
Page 3
(c) A requirement that all pupils are protected regardless of their status under the law.
(d) A statement that there shall be disciplinary consequences or interventions, or both, for a pupil who
commits an act of bullying or cyberbullying, or falsely accuses another of the same as a means of
retaliation or reprisal.
(e) A statement indicating how the policy shall be made known to school employees, regular school
volunteers, pupils, parents, legal guardians, or employees of a company under contract to a school,
school district, or chartered public school. Recommended methods of communication include, but are
not limited to, handbooks, websites, newsletters, and workshops.
(f) A procedure for reporting bullying or cyberbullying that identifies all persons to whom a pupil or
another person may report bullying or cyberbullying.
(g) A procedure outlining the internal reporting requirements within the school or school district or
chartered public school.
(h) A procedure for notification, within 48 hours of the incident report, to the parent or parents or
guardian of a victim of bullying or cyberbullying and the parent or parents or guardian of the perpetrator
of the bullying or cyberbullying. The content of the notification shall comply with the Family Educational
Rights and Privacy Act, 20 U.S.C. 1232g.
(i) A provision that the superintendent or designee may, within the 48-hour period, grant the school
principal or designee a waiver from the notification requirement if the superintendent or designee
deems such waiver to be in the best interest of the victim or perpetrator. Any such waiver granted shall
be in writing. Granting of a waiver shall not negate the school's responsibility to adhere to the remainder
of its approved written policy.
(j) A written procedure for investigation of reports, to be initiated within 5 school days of the reported
incident, identifying either the principal or the principal's designee as the person responsible for the
investigation and the manner and time period in which the results of the investigation shall be
documented. The superintendent or designee may grant in writing an extension of the time period for
the investigation and documentation of reports for up to an additional 7 school days, if necessary. The
superintendent or superintendent's designee shall notify in writing all parties involved of the granting of
an extension.
(k) A requirement that the principal or designee develop a response to remediate any substantiated
incident of bullying or cyberbullying, including imposing discipline if appropriate, to reduce the risk of
future incidents and, where deemed appropriate, to offer assistance to the victim or perpetrator. When
indicated, the principal or designee shall recommend a strategy for protecting all pupils from retaliation
of any kind.
(l) A requirement that the principal or designee report all substantiated incidents of bullying or
cyberbullying to the superintendent or designee.
(m) A written procedure for communication with the parent or parents or guardian of victims and
perpetrators regarding the school's remedies and assistance, within the boundaries of applicable state
and federal law. This communication shall occur within 10 school days of completion of the
investigation.
(n) Identification, by job title, of school officials responsible for ensuring that the policy is implemented.
III. The department of education may develop a model policy in accordance with the requirements set
forth in this chapter which may be used by schools, school districts, and chartered public schools as a
basis for adopting a local policy.
IV. A school board or board of trustees of a chartered public school shall, to the greatest extent
practicable, involve pupils, parents, administrators, school staff, school volunteers, community
representatives, and local law enforcement agencies in the process of developing the policy. The policy
Page 4
shall be adopted by all public schools within the school district and, to the extent possible, the policy
should be integrated with the school's curriculum, discipline policies, behavior programs, and other
violence prevention efforts.
Scope
STATUTES
I. Bullying or cyberbullying shall occur when an action or communication as defined in RSA 193-F:3:
(a) Occurs on, or is delivered to, school property or a school-sponsored activity or event on or off school
property; or
(b) Occurs off of school property or outside of a school-sponsored activity or event, if the conduct
interferes with a pupil's educational opportunities or substantially disrupts the orderly operations of the
school or school-sponsored activity or event.
ADMINISTRATIVE CODE
Ed 317.03. Standard for Expulsion by Local School Board.
(b) School boards shall make certain that the pupil has received notice of the requirements of RSA 193-D
and RSA 193:13 through announced, posted, or printed school rules.
Ed 317.04. Disciplinary Procedures.
(b) Prior to initiating any disciplinary action listed in paragraph (a), each school board shall adopt a policy
under RSA 189:15 which prescribes the manner in which the student body shall be informed concerning
the content of RSA 193:13 through announced, posted, or printed school rules.
Page 5


STATUTES
627:6. Physical Force by Persons with Special Responsibilities.
II. (a) A teacher or person otherwise entrusted with the care or supervision of a minor for special
purposes is justified on the premises in using necessary force against any such minor, when the minor
creates a disturbance, or refuses to leave the premises or when it is necessary for the maintenance of
discipline.
(b) In a child care program licensed or exempt from licensure under RSA 170-E, necessary force shall
be limited to the minimum physical contact necessary to protect the child, other children present, the
staff, or the general public from harm.


Page 6

STATUTES
193:13. Suspension and Expulsion of Pupils.
I. (a) The superintendent or chief administering officer, or a representative designated in writing by the
superintendent, is authorized to suspend pupils from school for a period not to exceed 10 school days for
gross misconduct or for neglect or refusal to conform to the reasonable rules of the school. []
II. Any pupil may be expelled from school by the local school board for gross misconduct, or for neglect or
refusal to conform to the reasonable rules of the school, or for an act of theft, destruction, or violence as
defined in RSA 193-D:1, or for possession of a pellet or BB gun, rifle, or paint ball gun, and the pupil shall
not attend school until restored by the local board. []

STATUTES
III. Any pupil who brings or possesses a firearm as defined in section 921 of Title 18 of the United States
Code in a safe school zone as defined in RSA 193-D:1 without written authorization from the
superintendent or designee shall be expelled from school by the local school board for a period of not
less than 12 months.
ADMINISTRATIVE CODE
(e) If a pupil brings or possesses a firearm in a safe school zone without written authorization from the
superintendent, the following shall apply:
(1) The superintendent shall suspend the pupil for a period not to exceed 10 days, pending a hearing by
the local board; and
(2) The school board shall hold a hearing within 10 days to determine whether the student was in
violation of RSA 193:13, III and therefore is subject to expulsion.

STATUTES
189:9-a. Pupils Prohibited for Disciplinary Reasons.
Notwithstanding the provisions of RSA 189:6-8, the superintendent, or a representative as designated in
writing, is authorized to suspend the right of pupils from riding in a school bus when said pupils fail to
conform to the reasonable rules and regulations as may be promulgated by the school board. Any
suspension to continue beyond 20 school days must be approved by the school board. Said suspension
Page 7
shall not begin until the next school day following the day notification of suspension is sent to the pupil's
parent or legal guardian.
I. If a pupil has been denied the right to ride a school bus for disciplinary reasons, the parent or
guardian of that pupil has a right of appeal within 10 days of suspension to the authority that suspended
this pupil's right.
II. Until the appeal is heard, or if the suspension of pupil's right to ride the school bus is upheld, it shall
be the parents' or guardians' responsibility to provide transportation to and from school for that pupil for
the period of the suspension.
IV. The local school board shall adopt a policy which allows the superintendent or chief administering
officer to modify the expulsion requirements set forth in paragraphs II and III on a case by case basis.
ADMINISTRATIVE CODE
Ed 317.06. Child with a Disability.
(a) Any suspension or expulsion of a child with a disability as defined in Ed 1102.09 shall be in
accordance with Ed 1124.01.
(b) In the case of a child with a disability who is determined to have brought a firearm as defined in 18
USC 921(a)(3) the federal requirement of section 612(a)(1) of Public Law 105-17, 20 USC 1415 shall
apply, and the child may be placed in an interim alternative educational setting for the time periods
pursuant to federal law.

STATUTES
I. (b) The school board or a representative designated in writing of the school board is authorized,
following a hearing, to continue the suspension of a pupil for a period in excess of 10 school days. The
school board's designee may be the superintendent or any other individual, but may not be the
individual who suspended the pupil for the first 10 days under subparagraph (a). Any suspension shall
be valid throughout the school districts of the state, subject to modification by the superintendent of the
school district in which the pupil seeks to enroll.
(c) Any suspension in excess of 10 school days imposed under subparagraph (b) by any person other
than the school board is appealable to the school board, provided that the superintendent received
such appeal in writing within 10 days after the issuance of the decision being appealed. The school
board shall hold a hearing on the appeal, but shall have discretion to hear evidence or to rely upon the
record of a hearing conducted under subparagraph (b). The suspension under subparagraph (b) shall
be enforced while that appeal is pending, unless the school board stays the suspension while the
appeal is pending.
ADMINISTRATIVE CODE
(a) A school board which expels a pupil under RSA 193:13, II or III, shall state in writing its reasons and
shall provide a procedure for review as allowed under RSA 193:13, II. []
(c) School boards shall comply with paragraph (a) by specifically naming:
Page 8
(1) The act leading to expulsion; and

(2) The specific statutory reference prohibiting that act as listed in RSA 193-D:1, I.
(a) There shall be the following levels of discipline available to school officials enforcing RSA 193:13
relative to the suspension and expulsion of pupils in a safe school zone:
(1) A suspension for gross misconduct or for neglect or refusal to conform to the reasonable rules of the
school under RSA 193:13,I shall be considered a short-term suspension and shall be administered by a
superintendent or designee for a period not to exceed 10 school days;
(2) A suspension for an act of theft, destruction, or violence as defined in RSA 193-D, or for possession
of a pellet paint ball gun or BB gun or rifle under RSA 193:13,II shall be considered a long-term
suspension and shall be administered by the school board or designee in order to continue the short
term suspension for a period in excess of 10 school days, provided the designee is not the person who
suspended the pupil for 10 school days under (1) above, and that designee provides a due process
hearing under (d)(2) below;
(3) An expulsion by the local school board for a period determined in writing by the board under RSA
193:13, II; and
(4) An expulsion by the local school board for a period of not less than 12 months under RSA 193:13,
III.
(b) Prior to initiating any disciplinary action listed in paragraph (a), each school board shall adopt a policy
under RSA 189:15 which prescribes the manner in which the student body shall be informed concerning
the content of RSA 193:13 through announced, posted, or printed school rules.
(c) If the school and school board have met the requirements of paragraph (b) a pupil appealing a local
decision to the state board shall not be allowed to claim lack of knowledge of the state law requiring
expulsion for bringing or possessing a firearm or other dangerous weapon as defined in these rules.
(d) Due process in disciplinary proceedings shall include, at a minimum, the following:
(1) In a short-term suspension:
a. The superintendent or designee shall inform the pupil of the purpose of the meeting;
b. Oral or written notice of the charges and an explanation of the evidence against the pupil;
c. An opportunity for the pupil to present his/her side of the story;
d. A written statement to the pupil and at least one of the pupil's parents or guardian explaining any
disciplinary action taken against the student;
(2) In a long-term suspension of a pupil:
a. Written communication to the pupil and at least one of the pupil's parents or guardian, delivered in
person or by mail to the pupil's last known address, of the charges and an explanation of the
evidence against the pupil;
b. The superintendent's written or oral recommendation for student action to correct the discipline
problem;
c. A hearing in accordance with Ed 317.04(d)(3)g. below;
d. A written decision which includes the legal and factual basis for the conclusion that the pupil should
be suspended;
e. If the hearing was conducted by the school board's designee, the decision may be appealed to the
local school board under RSA 193:13, I; and
f. If the hearing was conducted by the school board, the decision may be appealed to the state board;
Page 9
(3) In an expulsion by the local school board, due process shall include the following minimal
requirements:
a. A formal hearing shall be held before any expulsion;
b. Such hearing may be held either before or after the short-term suspension has expired and
pending the expulsion hearing;
c. If the hearing is held after the expiration of a short-term suspension, the pupil shall be entitled to
return to school after the short-term suspension has expired and pending the expulsion hearing;
d. The school board shall provide written notice to the pupil and at least one of the pupil's parents or
guardian, delivered in person or by mail to the pupil's last known address, of the date, time and place
for a hearing before the local board;
e. The written notice required by d. above shall include:
1. A written statement of the charges and the nature of the evidence against the pupil; and
2. A superintendent's written recommendation for school board action and a description of the
process used by the superintendent to reach his/her recommendation;
f. This notice shall be delivered to the pupil and at least one of the pupil's parents or guardian at least
5 days prior to the hearing;
g. The following hearing procedures shall apply:
1. The pupil, together with a parent or guardian may waive the right to a hearing and admit to the
charges made by the superintendent;
2. If the pupil is 18 years of age or older, the concurrence of a parent or guardian shall be
unnecessary unless the pupil is subject to a guardianship which would prevent the pupil from
waiving the right to a hearing;
3. Formal rules of evidence shall not be applicable, however, school officials shall present evidence
in support of the charge(s) and the accused pupil or his/her parent or guardian shall have an
opportunity to present any defense or reply;
4. The hearing shall be either public or private and the choice shall be that of the pupil or his parent
or guardian; and
5. During the hearing, the pupil, parent, guardian or counsel representing the pupil, shall have the
right to examine any and all witnesses;
h. The decision of the school board shall be based on a dispassionate and fair consideration of
substantial evidence that the accused pupil committed the act for which expulsion is to imposed and
that such acts are, in fact, a proper reason for expulsion;
i. The decision shall state whether the student is expelled and the length of the expulsion. If the
decision is to expel the pupil the decision shall include the legal and factual basis for the decision;
and
j. Any action the student may take to be restored by the board; and
(e) A decision shall include a statement that the pupil has the right to appeal the decision to the state
board of education.
(f) All appeals to the state board allowed under RSA 193:13, II or III shall be filed within 20 calendar days
of receipt of the written decision of the local school board and shall be in accordance with RSA 541-A and
Ed 200.
Page 10


STATUTES
627:6. Physical Force by Persons With Special Responsibilities.
I. A parent, guardian or other person responsible for the general care and welfare of a minor is justified in
using force against such minor when and to the extent that he reasonably believes it necessary to prevent
or punish such minor's misconduct.
II. (a) A teacher or person otherwise entrusted with the care or supervision of a minor for special
purposes is justified on the premises in using necessary force against any such minor, when the minor
creates a disturbance, or refuses to leave the premises or when it is necessary for the maintenance of
discipline.
(b) In a child care program licensed or exempt from licensure under RSA 170-E, necessary force shall
be limited to the minimum physical contact necessary to protect the child, other children present, the
staff, or the general public from harm.
IV. The justification extended in paragraphs I, II, and III does not apply to the malicious or reckless use of
force that creates a risk of death, serious bodily injury, or substantial pain.
STATUTES
V. Any pupil expelled by a local school board under the provisions of the Gun-Free Schools Act of 1994
shall not be eligible to enroll in another school district in New Hampshire for the period of such expulsion.
Nothing in this section shall be construed to prevent the local school district that expelled the student from
providing educational services to such students in an alternative setting.
Page 11

Conditions
STATUTES
III. Any pupil who brings or possesses a firearm as defined in section 921 of Title 18 of the United States
Code in a safe school zone as defined in RSA 193-D:1 without written authorization from the
superintendent or designee shall be expelled from school by the local school board for a period of not
less than 12 months.
IV. The local school board shall adopt a policy which allows the superintendent or chief administering
officer to modify the expulsion requirements set forth in paragraphs II and III on a case by case basis.
V. Any pupil expelled by a local school board under the provisions of the Gun-Free Schools Act of 1994
shall not be eligible to enroll in another school district in New Hampshire for the period of such expulsion.
Nothing in this section shall be construed to prevent the local school district that expelled the student from
providing educational services to such students in an alternative setting.
VI. A pupil expelled from school in another state under the provisions of the Gun-Free Schools Act of
1994 shall not be eligible to enroll in a school district in New Hampshire for the period of such expulsion.
ADMINISTRATIVE CODE
(d) If a student is subject to expulsion and a firearm is involved, the superintendent shall contact local law
enforcement officials whenever there is any doubt concerning:
(1) Whether a firearm is legally licensed under RSA 159; or
(2) Whether the firearm is lawfully possessed, as opposed to unlawfully possessed, under the legal
definitions of RSA 159.
(e) If a pupil brings or possesses a firearm in a safe school zone without written authorization from the
superintendent, the following shall apply:
(1) The superintendent shall suspend the pupil for a period not to exceed 10 days, pending a hearing by
the local board; and
(2) The school board shall hold a hearing within 10 days to determine whether the student was in
violation of RSA 193:13, III and therefore is subject to expulsion.
Other weapons
STATUTES
II. Any pupil may be expelled from school by the local school board for gross misconduct, or for neglect or
refusal to conform to the reasonable rules of the school, or for an act of theft, destruction, or violence as
defined in RSA 193-D:1, or for possession of a pellet or BB gun, rifle, or paint ball gun, and the pupil shall
not attend school until restored by the local board. Any expulsion shall be subject to review if requested
Page 12
prior to the start of each school year and further, any parent or guardian has the right to appeal any such
expulsion by the local board to the state board of education. Any expulsion shall be valid throughout the
school districts of the state.


STATUTES
189:34. Truant Officer Appointment.
I. School boards shall appoint truant officers for their districts.
II. School board policies on truancy shall include but not be limited to:
(a) A definition of "excused absence" and a process for considering exceptions to absences not
otherwise excused.
(b) A process for intervention designed to address individual cases of truancy as quickly as possible
and to reduce the number of habitual truants in the school district. The board shall provide for the
participation of parents in the development of the policy. The policy shall include early parental
involvement in the intervention process. The policy shall also designate an employee in each school as
the person responsible for truancy issues.
189:36. Truant Officer Duties.
I. Truant officers shall, when directed by the school board, enforce the laws and regulations relating to
truants and children between the ages of 6 and 18 years not attending school or who are not participating
in an alternative learning plan under RSA 193:1, I(h); and the laws relating to the attendance at school of
children between the ages of 6 and 18 years; and shall have authority without a warrant to take and place
in school any children found employed contrary to the laws relating to the employment of children, or
violating the laws relating to the compulsory attendance at school of children under the age of 18 years,
and the laws relating to child labor. No home school pupil nor any person between the ages of 6 and 18
who meets any of the requirements of RSA 193:1, I(c)-(h) shall be deemed a truant.
II. A truant officer or school official shall not file a petition alleging that the child is in need of services
pursuant to RSA 169-D:2, II until all steps in the school district's intervention process under RSA 189:34,
II have been followed.
193:15. Penalty for Unauthorized Attendance, etc.
Any pupil who, after notice, attends or visits a school which the pupil has no right to attend, or interrupts
or disturbs such school, shall for the first offense be guilty of a violation, and shall for any subsequent
offense be guilty of a misdemeanor.
193:16. Bylaws as to Nonattendance.
Districts may make bylaws, not repugnant to law, concerning habitual truants and children between the
ages of 6 and 18 years not attending school or who are not participating in an alternative learning plan
under RSA 193:1, I(h), and to compel the attendance of such children at school; failure to comply with
such bylaws shall constitute a violation for each offense.
Page 13
Substance use
STATUTES
193-B:1. Definitions.
I. "Controlled drug or its analog'' means those drugs or substances included within the definitions
provided in RSA 318-B:1, VI and VI-a.
II. "Drug-free school zone'' means an area inclusive of any property used for school purposes by any
school, whether or not owned by such school, within 1,000 feet of any such property, and within or
immediately adjacent to school buses.
III. "School'' means any public or private elementary, secondary, or secondary vocational-technical school
or Head Start facility in New Hampshire.
IV. "School property'' means all real property, physical plant and equipment used for school purposes,
including but not limited to school playgrounds and buses, whether public or private.
193-B:2. Drug-Free School Zones.
Except as otherwise provided by law, it shall be unlawful for any person to manufacture, sell, prescribe,
administer, dispense, or possess with intent to sell, dispense, or compound any controlled drug or its
analog, within a drug-free school zone at any time of the year.
193-B:3. Maps of Drug-Free Zones; Exemption.
I. Each school administrative unit within the state shall, in consultation with the local police authority
having jurisdiction over drug enforcement where each drug-free zone is located, publish a map clearly
indicating the boundaries of each permanent drug-free school zone in accordance with the provisions of
RSA 193-B:1, II. Such map shall be posted in a prominent place in the district or municipal court of
jurisdiction, the local police department, and in all schools existing in the drug-free school zone.
II. The mapping requirements under paragraph I shall not apply to Head Start facilities.
193-B:4. Rulemaking; Notice; Posting.
The state board of education, in consultation with the New Hampshire Police Chiefs' Association, shall
adopt rules pursuant to RSA 541-A relative to
I. Developing a procedure by which to mark drug-free zones, including the use of signs or other markings
as appropriate. Such signs or other markings shall:
(a) Be posted in a prominent place:
(1) On or near each school;
(2) In each school bus; and
(3) On or near non-school-owned property serving as a temporary drug-free zone by virtue of its use
for the school's instructional program, for the duration of such use;
(b) Indicate that the posted area is a drug-free zone which extends to 1,000 feet surrounding such
property; and
(c) Warn that violation of this chapter shall subject the offender to severe penalties under the law.
II. Assisting each school administrative unit in providing for the posting required in this section.
Page 14
193-B:5. Toll-Free Hotline; Rulemaking; Local Hotlines; Notice.

I. There is hereby established a toll-free statewide hotline for the purpose of reporting anonymous
information on drug activity to local law enforcement agencies. The department of safety shall coordinate
and adopt rules pursuant to RSA 541-A for the establishment and operation of the hotline.
II. The toll-free statewide telephone number established under paragraph I shall be displayed in the drugfree zone signs developed and posted pursuant to RSA 193-B:4, I. If a local police hotline telephone
exists in a community, such telephone number shall be posted on relevant signs in lieu of the toll-free
statewide telephone number.
193-B:6. Penalties.
I. It shall be a violation for any person to cover, remove, deface, alter or destroy any sign or other marking
identifying a drug-free zone as provided in RSA 193-B:4, I.
II. Lack of knowledge that the prohibited act as defined in RSA 193-B:2 occurred on or within 1,000 feet of
school property shall not be a defense.
III. A violation of RSA 193-B:2 shall not include an act which occurs entirely within a private residence
wherein no person 17 years of age or under is present.
193-B:7. Penalty Assessment.
In addition to the penalties imposed under RSA 193-B:6, I and RSA 318-B:26, V, every court shall levy a
penalty assessment of $100 for an offense in violation of RSA 193-B:2. The clerk of each court shall
collect all penalty assessments and, notwithstanding RSA 6:11, shall transmit the amount collected to the
general fund.

STATUTES
193-F:2. Purpose and Intent.
I. All pupils have the right to attend public schools, including chartered public schools, that are safe,
secure, and peaceful environments. One of the legislature's highest priorities is to protect our children
from physical, emotional, and psychological violence by addressing the harm caused by bullying and
cyberbullying in our public schools.
II. Bullying in schools has historically included actions shown to be motivated by a pupil's actual or
perceived race, color, religion, national origin, ancestry or ethnicity, sexual orientation, socioeconomic
status, age, physical, mental, emotional, or learning disability, gender, gender identity and expression,
obesity, or other distinguishing personal characteristics, or based on association with any person
identified in any of the above categories.
III. It is the intent of the legislature to protect our children from physical, emotional, and psychological
violence by addressing bullying and cyberbullying of any kind in our public schools, for all of the historical
reasons set forth in this section, and to prevent the creation of a hostile educational environment.
IV. The sole purpose of this chapter is to protect all children from bullying and cyberbullying, and no other
legislative purpose is intended, nor should any other intent be construed from the enactment of this
chapter.
193-F:3. Definitions.
In this chapter:
Page 15
I. (a) "Bullying" means a single significant incident or a pattern of incidents involving a written, verbal, or
electronic communication, or a physical act or gesture, or any combination thereof, directed at another
pupil which:
(1) Physically harms a pupil or damages the pupil's property;
(2) Causes emotional distress to a pupil;
(3) Interferes with a pupil's educational opportunities;
(4) Creates a hostile educational environment; or
(5) Substantially disrupts the orderly operation of the school.
(b) "Bullying" shall include actions motivated by an imbalance of power based on a pupil's actual or
perceived personal characteristics, behaviors, or beliefs, or motivated by the pupil's association with
another person and based on the other person's characteristics, behaviors, or beliefs.
II. "Cyberbullying" means conduct defined in paragraph I of this section undertaken through the use of
electronic devices.
II. "Electronic devices" include, but are not limited to, telephones, cellular phones, computers, pagers,
electronic mail, instant messaging, text messaging, and websites.
IV. "Perpetrator" means a pupil who engages in bullying or cyberbullying.
V. "School property" means all real property and all physical plant and equipment used for school
purposes, including public or private school buses or vans.
VI. "Victim" means a pupil against whom bullying or cyberbullying has been perpetrated.
I. Bullying or cyberbullying shall occur when an action or communication as defined in RSA 193-F:3:
(a) Occurs on, or is delivered to, school property or a school-sponsored activity or event on or off school
property; or
(b) Occurs off of school property or outside of a school-sponsored activity or event, if the conduct
interferes with a pupil's educational opportunities or substantially disrupts the orderly operations of the
school or school-sponsored activity or event.
II. The school board of each school district and the board of trustees of a chartered public school shall, no
Page 16
an extension.
of any kind.
investigation.
193-F:5. Training and Assessment.
I. Each school district and chartered public school shall provide:
(a) Training on policies adopted pursuant to this chapter, within 9 months of the effective date of this
section and annually thereafter, for school employees, regular school volunteers, or employees of a
Page 17
company under contract to a school, school district, or chartered public school who have significant
contact with pupils for the purpose of preventing, identifying, responding to, and reporting incidents of
bullying or cyberbullying; and
(b) Educational programs for pupils and parents in preventing, identifying, responding to, and reporting
incidents of bullying or cyberbullying. Any such program for pupils shall be written and presented in age
appropriate language.
II. The department of education shall provide evidence-based educational programs to support training as
required under paragraph I.
III. Nothing in this chapter shall require the inclusion of any specific curriculum, textbook, or other material
designed to prevent bullying or cyberbullying in any program or activity conducted by an educational
institution. The omission of such subject matter from any curriculum, textbook, or other material in any
program or activity conducted by an educational institution shall not constitute a violation of this chapter.
193-F:6. Reporting.
I. Each school district and chartered public school shall annually report substantiated incidents of bullying
or cyberbullying to the department of education. Pursuant to the Family Educational Rights and Privacy
Act, 20 U.S.C. 1232g, such reports shall not contain any personally identifiable information pertaining to
any pupil. The department shall develop a form to facilitate the reporting by school districts and chartered
public schools. The department shall maintain records of such reports.
II. The department of education shall prepare an annual report of substantiated incidents of bullying or
cyberbullying in the schools. The report shall include the number and types of such incidents in the
schools and shall be submitted to the president of the senate, the speaker of the house of
representatives, and the chairpersons of the house and senate education committees. The department of
education shall assist school districts with recommendations for appropriate actions to address identified
problems with pupil safety and violence prevention.
193-F:7. Immunity.
A school administrative unit employee, school employee, chartered public school employee, regular
school volunteer, pupil, parent, legal guardian, or employee of a company under contract to a school,
school district, school administrative unit, or chartered public school, shall be immune from civil liability for
good faith conduct arising from or pertaining to the reporting, investigation, findings, recommended
response, or implementation of a recommended response under this chapter. The department of
education shall be immune from civil liability for its good faith conduct in making recommendations under
this chapter.

STATUTES
193-D:3. Criminal Penalties.
Any person convicted of an act of theft, destruction, or violence as defined in RSA 193-D:1 committed in a
safe school zone at any time of year may be subject to an extended term of imprisonment as provided in
RSA 651:6.
193-D:1. Definitions
I. "Act of theft, destruction, or violence" means an act set forth in the following statutes regardless of the
age of the perpetrator:
(a) Homicide under RSA 630.
Page 18
(b) (1) Any first or second degree assault under RSA 631.
(2) Any simple assault under RSA 631:2-a.
(c) Any felonious or aggravated felonious sexual assault under RSA 632-A.
(d) Criminal mischief under RSA 634:2.
(e) Unlawful possession or sale of a firearm or other dangerous weapon under RSA 159.
(f) Arson under RSA 634:1.
(g) Burglary under RSA 635.
(h) Robbery under RSA 636.
(i) Theft under RSA 637.
(j) Illegal sale or possession of a controlled drug under RSA 318-B.
(k) Criminal threatening under RSA 631:4.
631:7. Student Hazing.
II. (a) A natural person is guilty of a class B misdemeanor if such person:
(1) Knowingly participates as actor in any student hazing; or
(2) Being a student, knowingly submits to hazing and fails to report such hazing to law enforcement or
educational institution authorities; or
(3) Is present at or otherwise has direct knowledge of any student hazing and fails to report such
hazing to law enforcement or educational institution authorities.
(b) An educational institution or an organization operating at or in conjunction with an educational
institution is guilty of a misdemeanor if it:
(1) Knowingly permits or condones student hazing; or
(2) Knowingly or negligently fails to take reasonable measures within the scope of its authority to
prevent student hazing; or
(3) Fails to report to law enforcement authorities any hazing reported to it by others or of which it
otherwise has knowledge.
For definitions related to hazing see, RSA 631:7 (2013), (I).
Page 19

Prevention

STATUTES
193-F:5. Training and Assessment.
I. Each school district and chartered public school shall provide:
(a) Training on policies adopted pursuant to this chapter, within 9 months of the effective date of this
section and annually thereafter, for school employees, regular school volunteers, or employees of a
company under contract to a school, school district, or chartered public school who have significant
contact with pupils for the purpose of preventing, identifying, responding to, and reporting incidents of
bullying or cyberbullying; and
(b) Educational programs for pupils and parents in preventing, identifying, responding to, and reporting
incidents of bullying or cyberbullying. Any such program for pupils shall be written and presented in age
appropriate language.
II. The department of education shall provide evidence-based educational programs to support training as
required under paragraph I.
III. Nothing in this chapter shall require the inclusion of any specific curriculum, textbook, or other material
designed to prevent bullying or cyberbullying in any program or activity conducted by an educational
institution. The omission of such subject matter from any curriculum, textbook, or other material in any
program or activity conducted by an educational institution shall not constitute a violation of this chapter.
Page 20

STATUTES
(c) Each school district, in conjunction with the local law enforcement authority, shall establish a
memorandum of understanding for administering the provisions of RSA 193-D:4, I(a)-(c).
II. The report required under paragraph I shall include:
(a) The name and home address, if known, of any person suspected of committing an act of theft,
destruction, or violence in a safe school zone.
(b) The name and home address, if known, of any witness to the act of theft, destruction, or violence in
a safe school zone.
(c) Identification of the act of theft, destruction, or violence as defined in RSA 193-D:1 that was
allegedly committed.
193-F:6. Reporting.
I. Each school district and chartered public school shall annually report substantiated incidents of bullying
or cyberbullying to the department of education. Pursuant to the Family Educational Rights and Privacy
Act, 20 U.S.C. 1232g, such reports shall not contain any personally identifiable information pertaining to
any pupil. The department shall develop a form to facilitate the reporting by school districts and chartered
public schools. The department shall maintain records of such reports.
II. The department of education shall prepare an annual report of substantiated incidents of bullying or
cyberbullying in the schools. The report shall include the number and types of such incidents in the
schools and shall be submitted to the president of the senate, the speaker of the house of
representatives, and the chairpersons of the house and senate education committees. The department of
education shall assist school districts with recommendations for appropriate actions to address identified
problems with pupil safety and violence prevention.
ADMINISTRATIVE CODE
Page 21

STATUTES
ADMINISTRATIVE CODE
(d) Due process in disciplinary proceedings shall include, at a minimum, the following:
(1) In a short-term suspension:[...]
[...]d. A written statement to the pupil and at least one of the pupil's parents or guardian explaining any
disciplinary action taken against the student;
(2) In a long-term suspension of a pupil:[...]
a. Written communication to the pupil and at least one of the pupil's parents or guardian, delivered in
person or by mail to the pupil's last known address, of the charges and an explanation of the
evidence against the pupil;[...]
(3) In an expulsion by the local school board, due process shall include the following minimal
requirements:[...]
[...]d. The school board shall provide written notice to the pupil and at least one of the pupil's parents
or guardian, delivered in person or by mail to the pupil's last known address, of the date, time and
place for a hearing before the local board;
e. The written notice required by d. above shall include:
1. A written statement of the charges and the nature of the evidence against the pupil; and
2. A superintendent's written recommendation for school board action and a description of the
process used by the superintendent to reach his/her recommendation;
f. This notice shall be delivered to the pupil and at least one of the pupil's parents or guardian at least
5 days prior to the hearing;
g. The following hearing procedures shall apply:
1. The pupil, together with a parent or guardian may waive the right to a hearing and admit to the
charges made by the superintendent;
Page 22
2. If the pupil is 18 years of age or older, the concurrence of a parent or guardian shall be
unnecessary unless the pupil is subject to a guardianship which would prevent the pupil from
waiving the right to a hearing;
3. Formal rules of evidence shall not be applicable, however, school officials shall present evidence
in support of the charge(s) and the accused pupil or his/her parent or guardian shall have an
opportunity to present any defense or reply;
4. The hearing shall be either public or private and the choice shall be that of the pupil or his parent
or guardian; and
5. During the hearing, the pupil, parent, guardian or counsel representing the pupil, shall have the
right to examine any and all witnesses;[...]

STATUTES
an act of theft, destruction, or violence in a safe school zone shall report such act in writing immediately to
a supervisor. A supervisor receiving such report shall immediately forward such information to the school
principal who shall file it with the local law enforcement authority. Such report shall be made by the
principal to the local law enforcement authority immediately, by telephone or otherwise, and shall be
immediately notify the person responsible for the victim's welfare, as defined in RSA 169-C:3, XXII, that a
report was made to the local law enforcement authority.
193-D:7. Confidentiality.
Notwithstanding any other provision of law, it shall be permissible for any law enforcement officer and any
school administrator to exchange information relating only to acts of theft, destruction, or violence in a
safe school zone regarding the identity of any juvenile, police records relating to a juvenile, or other
relevant information when such information reasonably relates to delinquency or criminal conduct,
suspected delinquency or suspected criminal conduct, or any conduct which would classify a pupil as a
child in need of services under RSA 169-D or a child in need of protection under RSA 169-C.
193-D:8. Transfer Records; Notice.
All elementary and secondary educational institutions, including academies, private schools, and public
schools, shall upon request of the parent, pupil, or former pupil, furnish a complete school record for the
pupil transferring into a new school system. Such record shall include, but not be limited to, records
relating to any incidents involving suspension or expulsion, or delinquent or criminal acts, or any incident
reports in which the pupil was charged with any act of theft, destruction, or violence in a safe school zone.
ADMINISTRATIVE CODE
Page 23
Ed 317.05. Reporting Procedures.

(a) In accordance with RSA 193-D:4, each written report by a supervisor to the principal relating to an act
of theft, destruction, or violence in a safe school zone shall be on standardized form #Ed 317.
(b) The report by a supervisor to a principal on Form #Ed 317 shall contain all the statutory information
required by RSA 193-D:4.
(c) Form #Ed 317 shall be completed and filed with the local law enforcement authority within 48 hours of
such incident.
(e) A school district reporting a crime committed by a child with a disability shall ensure that copies of the
relevant portions of the special education and disciplinary records of the child are made available in a
manner that protects the privacy of student records for consideration by the appropriate authorities to
whom it reports the crime.
(f) A school district shall complete and file Form Ed 317-Fed, Report on Students Disciplined Under the
Gun Free School Act of 1994, with the commissioner on or before June 30 of each year.

STATUTES
189:49-a. Fingerprinting Program.
IV. A principal or chief administrative officer of a public school, or any employee of a public school who is
authorized to handle school records, shall provide access to the relevant records of a student to a law
enforcement officer who indicates that an investigation is being conducted by such officer and that the
student is or may be a missing child. Copies of information in the relevant records of a student shall be
provided, upon request, to the law enforcement officer, if prior approval is given by the student's parent,
guardian, or legal custodian. Information obtained by the officer shall be used solely in the investigation of
the case. The information may be used by law enforcement agency personnel in any manner that is
appropriate to solving the case, including, but not limited to, providing the information to other law
enforcement officers and agencies and to the office of the attorney general, division of public protection,
bureau of criminal justice, for purposes of computer integration pursuant to RSA 7:10-a.
193-D:7. Confidentiality.
Notwithstanding any other provision of law, it shall be permissible for any law enforcement officer and any
school administrator to exchange information relating only to acts of theft, destruction, or violence in a
safe school zone regarding the identity of any juvenile, police records relating to a juvenile, or other
relevant information when such information reasonably relates to delinquency or criminal conduct,
suspected delinquency or suspected criminal conduct, or any conduct which would classify a pupil as a
child in need of services under RSA 169-D or a child in need of protection under RSA 169-C.

Page 24

STATUTES
189:34. Truant Officer Appointment.
I. School boards shall appoint truant officers for their districts.
II. School board policies on truancy shall include but not be limited to:
(a) A definition of "excused absence" and a process for considering exceptions to absences not
otherwise excused.
(b) A process for intervention designed to address individual cases of truancy as quickly as possible
and to reduce the number of habitual truants in the school district. The board shall provide for the
participation of parents in the development of the policy. The policy shall include early parental
involvement in the intervention process. The policy shall also designate an employee in each school as
the person responsible for truancy issues.
189:35. Term; Removal.
Truant officers shall hold office for one year and until their successors are appointed, but they may be
removed by the school board at any time for cause.
189:36. Truant Officer Duties.
I. Truant officers shall, when directed by the school board, enforce the laws and regulations relating to
truants and children between the ages of 6 and 18 years not attending school or who are not participating
in an alternative learning plan under RSA 193:1, I(h); and the laws relating to the attendance at school of
children between the ages of 6 and 18 years; and shall have authority without a warrant to take and place
in school any children found employed contrary to the laws relating to the employment of children, or
violating the laws relating to the compulsory attendance at school of children under the age of 18 years,
and the laws relating to child labor. No home school pupil nor any person between the ages of 6 and 18
who meets any of the requirements of RSA 193:1, I(c)-(h) shall be deemed a truant.
II. A truant officer or school official shall not file a petition alleging that the child is in need of services
pursuant to RSA 169-D:2, II until all steps in the school district's intervention process under RSA 189:34,
II have been followed.
189:37. Additional Officers.
The state board may require school boards to appoint additional truant officers if in its judgment such
additional officers are necessary; and may require the school board of any school district to remove any
truant officer found by it to be incompetent, and to appoint a competent successor; and upon the failure or
neglect of the school board to do so, it may appoint such truant officer and fix compensation, which shall
be paid by the district.
Page 25

STATUTES
I. (c) Each school district, in conjunction with the local law enforcement authority, shall establish a
memorandum of understanding for administering the provisions of RSA 193-D:4, I (a)-(c).
Page 26

STATUTES
II. The school board of each school district and the board of trustees of a chartered public school shall, no
an extension.
Page 27
of any kind.
investigation.
Page 28
Other/Uncategorized
STATUTES
193-D:9. Liability for Reporting.
Any public or private school employee or employee of a company under contract to a school or school
district who in good faith has made a report under RSA 193-D shall not be subject to liability for making
the report.
193-F:7. Immunity.
A school administrative unit employee, school employee, chartered public school employee, regular
school volunteer, pupil, parent, legal guardian, or employee of a company under contract to a school,
school district, school administrative unit, or chartered public school, shall be immune from civil liability for
good faith conduct arising from or pertaining to the reporting, investigation, findings, recommended
response, or implementation of a recommended response under this chapter. The department of
education shall be immune from civil liability for its good faith conduct in making recommendations under
this chapter.

STATUTES
Other/Uncategorized
Page 29

School Discipline
resources provided by New Hampshire provide additional context to state policy and regulations and, in
Title
Description
Guidance on Considering the

Use of Physical Restraints in
New Hampshire School
Settings
Provides guidance on using

physical restraints in school settings
http://www.ldanh.org/docs/nhdoe
PhysicalRestraintDocument%5B1
%5D.pdf
New Hampshire School

Boards Association Sample
Policy PUPIL SAFETY AND
VIOLENCE PREVENTION Bullying
Provides a model policy on bullying

in New Hampshire
http://www.moultonborough.k12.n
h.us/Draft_Bullying_Policy.pdf
Website
Documents
Other Resources
Page 30
New Jersey
Discipline Laws and
Regulations
Introduction
document.
Notes & Disclaimers

Prepared by:
Child Trends
Suite 1200W
Suite 110
Table of Contents
New Jersey State Codes Cited .................................................................................................................. 1
Scope ........................................................................................................................................................ 8
Out-of-School and Exclusionary Discipline: Suspension, Expulsion, Restraint and
Limitations, conditions or exclusions for use of suspension or expulsion ............................................... 17
Firearms (as required by the Gun-Free Schools Act) ............................................................................. 31
Other weapons ........................................................................................................................................ 33
Substance use......................................................................................................................................... 38
Prevention ............................................................................................................................................... 63
Reporting between schools and law enforcement .................................................................................. 85
Student Resource and Safety Officers (SROs/SSOs) and Truant/Attendance Officers .................... 96
Professional immunity or liability ........................................................................................................... 100
Community input or involvement ........................................................................................................... 100
Other/Uncategorized ............................................................................................................................. 103
State-Sponsored, Publicly Available Websites or Other Resources on School Discipline ............ 104
New Jersey State Codes Cited

New Jersey Revised Statutes
Title 2A. Administration of Civil and Criminal Justice
2A:4A-22.
General definitions.
Title 2C. The New Jersey Code of Criminal Justice

2C:39-1.
Definitions.
Title 18A. Education

18A:6-1.
18A:6-112.
18A:12-33.
18A:17-46.
18A:26-8.2.
18A:36-19.
18A:37-1.
18A:37-2.
18A:37-2.1.
18A:37-2.2.
18A:37-2.3.
18A:37-2.4.
18A:37-2.5.
18A:37-4.
18A:37-5.
18A:37-6.
18A:37-8.
18A:37-9.
18A:37-10.
18A:37-11.
18A:37-15.
18A:37-16.
18A:37-17.
18A:37-22.
18A:38-25.
18A:38-26.
18A:38-27.
18A:40A-1.
18A:40A-7.1.
18A:40A-10.
18A:40A-11.
18A:40A-12.
18A:40A-13.
18A:40A-14.
Corporal punishment of pupils

Instruction in suicide prevention for public school teaching staff
Training program; requirements
Reporting of certain acts by school employee; report; public hearing
"School leader" defined; training as part of professional development
Pupil records; creation, maintenance and retention, security and access; regulations;
nonliability
Submission of pupils to authority
Causes for suspension, expulsion of pupils
Suspension, expulsion of pupil for assault, appeal; report
Offense by pupil involving assault, removal from school's regular education program
Responsibility for removal, report
Hearing
Determination of pupil's preparedness to return
Suspension of pupils by teacher or principal
Continuation of suspension; reinstatement or expulsion
Rules, regulations
Offense by pupil involving firearm, removal from school's regular education program
Responsibility for removal, report
Hearing
Determination of pupil's preparedness to return
Adoption of policy concerning harassment, intimidating or bullying by each school district
Reprisal, retaliation, false accusation prohibited
Establishment of bullying prevention programs or approaches
Program required for teaching certification
Attendance required of children between six and 16; exceptions
Days when attendance required; exceptions
Truancy and juvenile delinquency defined
Instructional programs on drugs, alcohol, anabolic steroids, tobacco and controlled
dangerous substances; curriculum guidelines
Confidentiality of certain information provided by pupil; exceptions.
Referral program in schools
Policies for evaluations, referral, discipline
Reporting of pupils under influence; examination; report; return home; evaluation of
possible need for treatment; referral for treatment
Immunity for personnel
Civil immunity for reporting
New Jersey Compilation of School Discipline Laws and Regulations
Page 1
18A:40A-15.
18A:40A-16.
18A:40A-17.
18A:40A-18.
Inservice training program

Guidelines, materials for program
Outreach program
Employment of student assistance coordinators in certain school districts
Title 47. Public Records

47:3-15.
47:3-16.
47:3-17.
47:3-19.
Short title
Terms defined
Consent of bureau to disposition or destruction of public records or documents
Schedules
Title 52. State Government, Departments and Officers

52:17B-71.8.
Training course for safe schools resource officers, liaisons to law enforcement
New Jersey Administrative Code

Chapter 16. Programs to Support Student Development
Subchapter 4. Procedures for Alcohol and Other Drug Abuse Intervention
6A:16-4.1.
6A:16-4.2.
6A:16-4.3.
6A:16-4.4.
Adoption of policies and procedures for the intervention of student alcohol and other drug
abuse
Review and availability of policies and procedures for the intervention of student alcohol
or other drug abuse
Reporting, notification and examination procedures for students suspected of being under
the influence of alcohol or other drugs
Voluntary policy for random testing of student alcohol or other drug use
Subchapter 5. School Safety and Security

6A:16-5.3.
6A:16-5.4.
6A:16-5.5.
6A:16-5.6.
6A:16-5.7.
6A:16-5.8.
Incident reporting of violence, vandalism and alcohol and other drug abuse
Access to juvenile justice information
Removal of students for firearms offenses
Removal of students for assaults with weapons offenses
Assaults on district board of education members or employees
Remotely activating paging devices
Subchapter 6. Law Enforcement Operations for Alcohol, Other Drugs, Weapons and Safety
6A:16-6.1.
6A:16-6.2.
6A:16-6.3.
6A:16-6.4.
6A:16-6.5.
Adoption of policies and procedures

Development and implementation of policies and procedures
Reporting students or staff members to law enforcement authorities
Handling of alcohol or other drugs, firearms and other items
Confidentiality of student or staff member involvement in alcohol or other drug abuse
intervention and treatment programs
Subchapter 7. Student Conduct

6A:16-7.1.
6A:16-7.2.
6A:16-7.3.
6A:16-7.4.
6A:16-7.5.
Code of student conduct

Short-term suspensions
Long-term suspensions
Mandated student removals from general education
Expulsion
Page 2
6A:16-7.6.
6A:16-7.7.
6A:16-7.8.
6A:16-7.9.
6A:16-7.10.
Conduct away from school grounds

Staff responsibilities
Attendance
Intimidation, harassment and bullying
Student records and confidentiality
Subchapter 8. Intervention and Referral Services

6A:16-8.1.
6A:16-8.2.
6A:16-8.3.
Establishment of intervention and referral services

Functions of intervention and referral services
School staff and community member roles for planning and implementing intervention
and referral services
Subchapter 9. Alternative Education Programs

6A:16-9.1.
6A:16-9.2.
6A:16-9.3.
Establishment of alternative education programs

Program criteria
Student placements
Page 3
General Provisions
STATUTES
18A:36-19. Creation; Pupil records: Maintenance and retention, security and access; Regulations;
Non-Liability; N.J.A.C. 6A:14-2.9, N.J.A.C. 6A:32 Student records; as well as other existing Federal
and State laws pertaining to student protections.
4. A description of comprehensive behavioral supports that promote positive student development and
the students abilities to fulfill the behavioral expectations established by the district board of education,
including:
i. Positive reinforcement for good conduct and academic success;
ii. Supportive interventions and referral services, including those at N.J.A.C. 6A:16-8;
iii. Remediation of problem behaviors that take into account the nature of the behaviors, the
developmental ages of the students and the students histories of problem behaviors and
performance; and
iv. For students with disabilities, the behavior interventions and supports shall be determined and
provided pursuant to the requirements of N.J.A.C. 6A:14;
5. A description of school responses to violations of the behavioral expectations established by the
district board of education that, at a minimum, are graded according to the severity of the offenses,
consider the developmental ages of the student offenders and students histories of inappropriate
behaviors that shall:
i. Include a continuum of actions designed to remediate and, where necessary or required by law, to
impose sanctions;
ii. Be consistent with other responses, pursuant to N.J.A.C. 6A: 16-5.5, N.J.A.C. 6A:16-5.6 and
N.J.A.C. 6A:16-5.7 above;
iii. Provide for the equitable application of the code of student conduct without regard to race, color,
religion, ancestry, national origin, gender, sexual orientation, gender identity and expression, or a
mental, physical or sensory disability or by any other distinguishing characteristic, pursuant to
N.J.S.A. 10:5; and
iv. Be consistent with the provisions of N.J.S.A. 18A:6-1, Corporal punishment of pupils;
6. A policy and procedures regarding the attendance of students in accordance with N.J.S.A. 18A:38-25
through 31 and N.J.A.C. 6A:32-8 and 13.1 and 6A:16-7.8;
7. A policy and procedures regarding intimidation, harassment and bullying in accordance with N.J.S.A.
18A:37-13 et seq. and N.J.A.C. 6A:16-7.9; and
8. A current list of community-based health and social service provider agencies available to support a
student and the students family, as appropriate, and a list of legal resources available to serve the
community.
(d) The code of student conduct shall include the due process procedures and policies for students and
their families and shall include the provisions set forth at N.J.A.C. 6A:16-7.2 through 7.6.
(e) A district board of education may deny participation in extracurricular activities, school functions,
sports or graduation exercises as disciplinary sanctions, where such measures are designed to maintain
the order and integrity of the school environment.
Page 4
18A:37-1. Submission of pupils to authority.

Pupils in the public schools shall comply with the rules established in pursuance of law for the
government of such schools, pursue the prescribed course of study and submit to the authority of the
teachers and others in authority over them.
18A:37-2. Causes for suspension, expulsion of pupils.
Any pupil who is guilty of continued and willful disobedience, or of open defiance of the authority of any
teacher or person having authority over him, or of the habitual use of profanity or of obscene language, or
who shall cut, deface or otherwise injure any school property, shall be liable to punishment and to
suspension or expulsion from school.
18A:37-15. Adoption of policy concerning harassment, intimidating or bullying by each school
district.
3. a. Each school district shall adopt a policy prohibiting harassment, intimidation or bullying on school
property, at a school-sponsored function or on a school bus. The school district shall adopt the policy
through a process that includes representation of parents or guardians, school employees, volunteers,
students, administrators, and community representatives.
b. A school district shall have local control over the content of the policy, except that the policy shall
contain, at a minimum, the following components:
(1) a statement prohibiting harassment, intimidation or bullying of a student;
(2) a definition of harassment, intimidation or bullying no less inclusive than that set forth in section 2
of P.L.2002, c.83 (C.18A:37-14);
(3) a description of the type of behavior expected from each student;
(4) consequences and appropriate remedial action for a person who commits an act of harassment,
intimidation or bullying;
(5) a procedure for reporting an act of harassment, intimidation or bullying, including a provision that
permits a person to report an act of harassment, intimidation or bullying anonymously; however, this
shall not be construed to permit formal disciplinary action solely on the basis of an anonymous report.
18A:40A-10. Referral program in schools
Each local board of education shall, pursuant to guidelines developed by the Commissioner of Education,
in consultation with the Commissioner of Health, establish a comprehensive substance abuse
intervention, prevention and treatment referral program in the public elementary and secondary schools of
the district. The purpose of the program shall be to identify pupils who are substance abusers, assess the
extent of these pupils' involvement with these substances and, where appropriate, refer pupils and their
families to organizations and agencies approved by the Department of Health to offer competent
professional treatment. Treatment shall not be at the expense of the local board of education.
18A:40A-11. Policies for evaluations, referral, discipline.
Each board of education shall adopt and implement, in accordance with rules and regulations
promulgated by the State board, policies and procedures for the evaluation, referral for treatment and
discipline of pupils involved in incidents of possession or abuse of substances as defined in section 2 of
this act, on school property or at school functions, or who show significant symptoms of the use of those
substances on school property or at school functions. In adopting and implementing these policies and
procedures, the board shall consult and work closely with a local organization involved with the
prevention, detection and treatment of substance abuse approved by the Department of Health.
Page 5
Each school district shall develop a clear written policy statement which outlines the district's program to
combat substance abuse and which provides for the identification, evaluation, referral for treatment and
discipline of pupils who are substance abusers. Copies of the policy statement shall be distributed to
pupils and their parents at the beginning of each school year.
ADMINISTRATIVE CODE
6A:16-7.1. Code of student conduct.
(a) Each district board of education shall develop, adopt and implement a code of student conduct which
establishes standards, policies and procedures for positive student development and student behavioral
expectations on school grounds, including on school buses or at school-sponsored functions, and, as
appropriate, for conduct away from school grounds, in accordance with N.J.A.C. 6A:16-7.2 through 7.5,
7.8 and 7.9.
1. The code of student conduct shall be based on parent, student and community involvement which
represents, where possible, the composition of the schools and community.
2. The code of student conduct shall be based on locally determined and accepted core ethical values
adopted by the district board of education.
3. The district board of education shall establish a process for the annual review and update of the code
of student conduct that provides for:
i. Parent, student and community involvement which represents, where possible, the composition of
the schools and community; and
ii. Consideration of the findings of the annual reports of student conduct, including suspensions and
expulsions, pursuant to (a)5 and 6 below, and the incidences reported under the Electronic Violence
and Vandalism Reporting System, in accordance with N.J.A.C. 6A:16-5.3.
4. The code of student conduct shall be disseminated annually to all school staff, students and parents;
5. The chief school administrator shall report annually on the implementation of the code of student
conduct to the district board of education at a public meeting. The annual summary shall contain, at a
minimum:
i. A numerical inventory of all violations of the student behavioral expectations in the code of student
conduct;
ii. Associated school responses to the violations of the student behavioral expectations;
iii. An explanation and evidence of the effectiveness of the code of student conduct. The explanation
and evidence, at a minimum, shall address:
(1) The degree of effectiveness of the school districts activities in achieving the purposes of the
code of student conduct, pursuant to (b) below; and
(2) The degree of implementation and effectiveness of the implementation of the contents of the
code of student conduct, pursuant to (c) below; and
iv. Any proposed changes to the school districts current policies, procedures, programs or initiatives,
based on the report pursuant to (a)5 above.
6. The chief school administrator shall submit a report annually to the New Jersey Department of
Education on student conduct, including all student suspensions and expulsions, and the
implementation of the code of student conduct, pursuant to this section, in accordance with the format
prescribed by the Commissioner of Education and the Electronic Violence and Vandalism Reporting
System, pursuant to N.J.A.C. 6A:16-5.3(e).
Page 6
7. For students with disabilities, subject to Individualized Education Programs in accordance with 20
U.S.C. 1400 et seq., the Individuals with Disabilities Education Improvement Act, and
accommodation plans under 29 U.S.C. 794 and 705(20), the code of student conduct shall be
implemented in accordance with the components of the applicable plans.
(b) The code of student conduct shall be established to achieve the following purposes:
1. Foster the health, safety and social and emotional well-being of students;
2. Support the establishment and maintenance of civil, safe, secure, supportive and disciplined school
environments conducive to learning;
3. Promote achievement of high academic standards;
4. Prevent the occurrence of problem behaviors;
5. Establish parameters for the intervention and remediation of student problem behaviors at all stages
of identification; and
6. Establish parameters for school responses to violations of the code of student conduct that take into
account, at a minimum, the severity of the offenses, the developmental ages of the student offenders
and students histories of inappropriate behaviors in accordance with 7.2 through 7.5, and 7.6 as
appropriate.
(c) The code of student conduct, at a minimum, shall include:
1. A description of student responsibilities that includes expectations for academic achievement,
behavior and attendance, pursuant to N.J.A.C. 6A:32-8 and 13.1;
2. A description of the behaviors that will result in suspension or expulsion, pursuant to N.J.S.A.
18A:37-2;
3. A description of students rights to:
i. Advance notice of behaviors that will result in suspensions and expulsions that have been identified
under authority of N.J.S.A. 18A:37-2;
ii. Education that supports students development into productive citizens;
iii. Attendance in safe and secure school environments;
iv. Attendance at school irrespective of students marriage, pregnancy or parenthood;
v. Due process appeal procedures and policies, pursuant to N.J.A.C. 6A:3-1.3 through 1.17, N.J.A.C.
6A:4 and, where applicable, N.J.A.C. 6A:14-2.7 and 2.8, and 7.2 through 7.6;
vi. Parent notification consistent with the policies and procedures established pursuant to N.J.A.C.
6A:16-6.2(b)3, 7.2, 7.3 and 7.8; and
vii. Protections pursuant to 20 U.S.C. 1232g and 34 CFR Part 99, Family Educational Rights and
Privacy Act; 20 U.S.C. 1232h and 34 CFR Part 98, Protection of Pupil Rights Amendment; N.J.A.C.
6A:32-7, Student Records; 45 CFR 160, Health Insurance Portability and Accountability Act; 20
U.S.C. 6301, Title IV(A)IV 4155 of the Elementary and Secondary Education Act as reauthorized
under the No Child Left Behind Act; 42 CFR Part 2, Confidentiality of Alcohol and Drug Abuse Patient
Records; N.J.S.A.18A:40A-7.1, School-based drug and alcohol abuse counseling; information from
participants; disclosure; N.J.A.C. 6A:16-3.2, Confidentiality of student alcohol and other drug
information; N.J.S.A.
Page 7
Scope
STATUTES
18A:37-2.1. Suspension, expulsion of pupil for assault, appeal; report.
2. a. Any pupil who commits an assault, as defined pursuant to N.J.S.2C:12-1, upon a teacher,
administrator, board member or other employee of a board of education, acting in the performance of
his duties and in a situation where his authority to so act is apparent, or as a result of the victim's
relationship to an institution of public education of this State, not involving the use of a weapon or
firearm, shall be immediately suspended from school consistent with procedural due process pending
suspension or expulsion proceedings before the local board of education. Said proceedings shall take
place no later than 30 calendar days following the day on which the pupil is suspended. The decision of
the board shall be made within five days after the close of the hearing. Any appeal of the board's
decision shall be made to the Commissioner of Education within 90 days of the board's decision. The
provisions herein shall be construed in a manner consistent with 20 U.S.C. s.1400 et seq.
b. Whenever a teacher, administrator, board member, other employee of a board of education or a
labor representative on behalf of an employee makes an allegation in writing that the board member or
employee has been assaulted by a pupil, the principal shall file a written report of the alleged assault
with the district's superintendent of schools. The superintendent to whom the alleged assault is reported
or, if there is no superintendent in the district, the principal who received the allegation from the board
member, employee, or labor representative shall report the alleged assault to the board of education of
the district at its next regular meeting; provided that the name of the pupil who allegedly committed the
assault, although it may be disclosed to the members of the board of education, shall be kept
confidential at the public board of education meeting.
Any person who fails to file a report of an alleged assault as required pursuant to this subsection may be
liable to disciplinary action by the board of education of the district.
18A:37-2.2. Offense by pupil involving assault, removal from school's regular education program.
1. Any pupil who commits an assault upon a teacher, administrator, board member, other employee of a
school board or another student, with a weapon, on any school property, on a school bus, or at a schoolsponsored function shall be immediately removed from the school's regular education program pending a
hearing before the local board of education.
18A:37-8. Offense by pupil involving firearm, removal from school's regular education program.
2. Any pupil who is convicted or adjudicated delinquent for possession of a firearm or a crime while armed
with a firearm or found knowingly in possession of a firearm on any school property, on a school bus, or
at a school-sponsored function shall be immediately removed from the school's regular education
program pending a hearing before the local board of education to remove the pupil from the regular
education program for a period of not less than one calendar year subject to modification on a case-bycase basis by the chief school administrator
For the purposes of this section "firearm" means those items enumerated in N.J.S.2C:39-1f and 18 U.S.C.
s.921.
Any pupil that is removed from the regular education program pursuant to this section shall be placed in
an alternative education program. If placement in an alternative education program is not available, the
pupil shall be provided home instruction or other suitable facilities and programs until placement is
available. The provisions herein shall be construed in a manner consistent with 20 U.S.C. s.1400 et seq.
Nothing herein shall be construed as prohibiting the expulsion of a pupil.
Page 8

district.
3. a. Each school district shall adopt a policy prohibiting harassment, intimidation or bullying on school
property, at a school-sponsored function or on a school bus.
ADMINISTRATIVE CODE
7.8 and 7.9.
6A:16-7.6. Conduct away from school grounds.
(a) School authorities have the right to impose a consequence on a student for conduct away from school
grounds, including on a school bus or at a school-sponsored function, that is consistent with the district
board of educations code of student conduct, pursuant to N.J.A.C. 6A:16-7.1.
1. This authority shall be exercised only when it is reasonably necessary for the students physical or
emotional safety, security and well-being or for reasons relating to the safety, security and well-being of
other students, staff or school grounds, pursuant to N.J.S.A. 18A:25-2 and 18A:37-2.
2. This authority shall be exercised only when the conduct which is the subject of the proposed
consequence materially and substantially interferes with the requirements of appropriate discipline in
the operation of the school.
3. The consequence pursuant to (a) above shall be handled in accordance with the district board of
education approved code of student conduct, pursuant to N.J.A.C. 6A:16-7.1, and as appropriate, in
accordance with N.J.A.C. 6A:16-7.2, 7.3 or 7.5.
STATUTES
district.
(b) the results of the investigation shall be reported to the superintendent of schools within two school
days of the completion of the investigation, and in accordance with regulations promulgated by the State
Board of Education pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.),
the superintendent may decide to provide intervention services, establish training programs to reduce
harassment, intimidation, or bullying and enhance school climate, impose discipline, order counseling as
a result of the findings of the investigation, or take or recommend other appropriate action;
(11) a requirement that a link to the policy be prominently posted on the home page of the school
district's website and distributed annually to parents and guardians who have children enrolled in a
school in the school district;
18A:40A-10. Referral program in schools.
Page 9
ADMINISTRATIVE CODE
7.8 and 7.9.
6A:16-7.9. Intimidation, harassment and bullying.
(d) The district board of education shall:
2. Develop a process for annually discussing the school districts harassment, intimidation or bullying
policy with students;
Page 10
ADMINISTRATIVE CODE
7.8 and 7.9.
minimum:
conduct;
Page 11
appropriate.
5. A description of school responses to violations of the behavioral expectations established by the
district board of education that, at a minimum, are graded according to the severity of the offenses,
consider the developmental ages of the student offenders and students histories of inappropriate
behaviors that shall:
i. Include a continuum of actions designed to remediate and, where necessary or required by law, to
impose sanctions;
ii. Be consistent with other responses, pursuant to N.J.A.C. 6A: 16-5.5, N.J.A.C. 6A:16-5.6 and
N.J.A.C. 6A:16-5.7 above;
iii. Provide for the equitable application of the code of student conduct without regard to race, color,
mental, physical or sensory disability or by any other distinguishing characteristic, pursuant to
N.J.S.A. 10:5; and
iv. Be consistent with the provisions of N.J.S.A. 18A:6-1, Corporal punishment of pupils;
6. A policy and procedures regarding the attendance of students in accordance with N.J.S.A. 18A:38-25
through 31 and N.J.A.C. 6A:32-8 and 13.1 and 6A:16-7.8;
7. A policy and procedures regarding intimidation, harassment and bullying in accordance with N.J.S.A.
18A:37-13 et seq. and N.J.A.C. 6A:16-7.9; and
8. A current list of community-based health and social service provider agencies available to support a
student and the students family, as appropriate, and a list of legal resources available to serve the
community.
(d) The code of student conduct shall include the due process procedures and policies for students and
their families and shall include the provisions set forth at N.J.A.C. 6A:16-7.2 through 7.6.
Page 12

STATUTES
18A:37-1. Submission of pupils to authority.
Pupils in the public schools shall comply with the rules established in pursuance of law for the
government of such schools, pursue the prescribed course of study and submit to the authority of the
teachers and others in authority over them.
18A:37-4. Suspension of pupils by teacher or principal.
The teacher in a school having but one teacher or the principal in all other cases may suspend any pupil
from school for good cause but such suspension shall be reported forthwith by the teacher or principal so
doing to the superintendent of schools of the district if there be one. The superintendent to whom a
suspension is reported or if there be no superintendent in the district, the teacher or principal suspending
the pupil shall report the suspension to the board of education of the district at its next regular meeting.
Such teacher, principal or superintendent may reinstate the pupil prior to the second regular meeting of
the board of education of the district held after such suspension unless the board shall reinstate the pupil
at such first regular meeting.
18A:37-9. Responsibility for removal, report.
The principal or his or her designee shall be responsible for the removal of any pupil pursuant to section 2
of P.L.1995, c.127 (C.18A:37-8). The principal or his or her designee shall immediately report the removal
of any pupil to the district's chief school administrator. The district's chief school administrator may modify
such removal of a pupil on a case-by-case basis. The principal shall also notify the appropriate law
enforcement agency of a possible violation of the New Jersey Code of Criminal Justice.

STATUTES
18A:6-1. Corporal punishment of pupils.
No person employed or engaged in a school or educational institution, whether public or private, shall
inflict or cause to be inflicted corporal punishment upon a pupil attending such school or institution; but
any such person may, within the scope of his employment, use and apply such amounts of force as is
reasonable and necessary:
(1) to quell a disturbance, threatening physical injury to others;
(2) to obtain possession of weapons or other dangerous objects upon the person or within the control of
a pupil;
(3) for the purpose of self-defense; and
Page 13
(4) for the protection of persons or property;

and such acts, or any of them, shall not be construed to constitute corporal punishment within the
meaning and intendment of this section. Every resolution, bylaw, rule, ordinance, or other act or authority
permitting or authorizing corporal punishment to be inflicted upon a pupil attending a school or
educational institution shall be void.

STATUTES
18A:36-19.2. School locker inspection.
The principal or other official designated by the local board of education may inspect lockers or other
storage facilities provided for use by students so long as students are informed in writing at the beginning
of each school year that inspections may occur.
18A:40A-22. Findings, declarations relative to substance abuse testing policies in public school
districts.
1. The Legislature finds and declares that there are many school districts within the State with a growing
problem of drug abuse among their students. The Legislature further finds that federal and State courts
have held that it may be appropriate for school districts to combat this problem through the random drug
testing of students participating in extracurricular activities, including interscholastic athletics, and
students who possess school parking permits. The Legislature also finds that a random drug testing
program may have a positive effect on attaining the important objectives of deterring drug use and
providing a means for the early detection of students with drug problems so that counseling and
rehabilitative treatment may be offered.
18A:40A-23. Adoption of policy for random testing of certain students.
2. A board of education may adopt a policy, pursuant to rules and regulations adopted by the State Board
of Education in consultation with the Department of Human Services, which are consistent with the New
Jersey Constitution and the federal Constitution, for the random testing of the district's students in grades
9-12 who participate in extracurricular activities, including interscholastic athletics, or who possess school
parking permits, for the use of controlled dangerous substances as defined in N.J.S.2C:35-2 and anabolic
steroids. The testing shall be conducted by the school physician, school nurse or a physician, laboratory
or health care facility designated by the board of education and the cost shall be paid by the board. Any
disciplinary action taken against a student who tests positive for drug use or who refuses to consent to
testing shall be limited to the student's suspension from or prohibition against participation in
extracurricular activities, or revocation of the student's parking permits.
18A:40A-24. Public hearing prior to adoption of drug testing policy.
3. Each board of education shall hold a public hearing prior to the adoption of its drug testing policy. The
policy shall be in written form and shall be distributed to students and their parents or guardians at the
beginning of each school year. The policy shall include, but need not be limited to, the following:
a. notice that the consent of the student and his parent or guardian for random student drug testing is
required for the student to participate in extracurricular activities and to possess a school parking
permit;
b. the procedures for collecting and testing specimens;
c. the manner in which students shall be randomly selected for drug testing;
d. the procedures for a student or his parent or guardian to challenge a positive test result;
Page 14
e. the standards for ensuring the confidentiality of test results;

f. the specific disciplinary action to be imposed upon a student who tests positive for drug use or
refuses to consent to testing;
g. the guidelines for the referral of a student who tests positive for drug use to drug counseling or
rehabilitative treatment; and
h. the scope of authorized disclosure of test results.
ADMINISTRATIVE CODE
6A:16-6.2. Development and implementation of policies and procedures.
(b) School district policies and procedures shall include the following components:
5. Specific procedures for and responsibilities of staff in initiating or conducting searches and seizures
of students, their property and their personal effects.
i. All searches and seizures conducted by school staff shall comply with the standards prescribed by
the United States Supreme Court in New Jersey v. T.L.O., 469 U.S. 325 (1985).
ii. Any question concerning searches conducted by school officials shall be directed to the appropriate
county prosecutor.
iii. School officials may request that law enforcement authorities assume responsibility for conducting
any search or seizure.
iv. No school staff member shall impede any law enforcement officer engaged in a lawful search,
seizure or arrest whether pursuant to a warrant or otherwise.
v. School staff shall permit law enforcement authorities, upon their arrival, to assume responsibility for
conducting any search or seizure.
vi. All inspections of lockers, desks or other objects or personal property on school grounds, including
on a school bus or at a school-sponsored function, involving the use of law enforcement drugdetection canines only may be undertaken with the express permission of the county prosecutor or
the Director of the Division of Criminal Justice or his or her designee in the New Jersey Department of
Law and Public Safety.
vii. Any questions concerning the legality of any contemplated or ongoing search, seizure or arrest
conducted by a law enforcement officer on school grounds, including on a school bus or at a schoolsponsored function, shall be directed to the county prosecutor or, in the case of a search, seizure or
arrest undertaken by the Division of Criminal Justice designee in the New Jersey Department of Law
and Public Safety, to the assigned Assistant Attorney General;

ADMINISTRATIVE CODE
Page 15
Out-of-School and Exclusionary Discipline: Suspension, Expulsion,

STATUTES
Conduct which shall constitute good cause for suspension or expulsion of a pupil guilty of such conduct
shall include, but not be limited to, any of the following:
a. Continued and willful disobedience;
b. Open defiance of the authority of any teacher or person, having authority over him;
c. Conduct of such character as to constitute a continuing danger to the physical well-being of other
pupils;
d. Physical assault upon another pupil;
e. Taking, or attempting to take, personal property or money from another pupil, or from his presence,
by means of force or fear;
f. Willfully causing, or attempting to cause, substantial damage to school property;
g. Participation in an unauthorized occupancy by any group of pupils or others of any part of any school
or other building owned by any school district, and failure to leave such school or other facility promptly
after having been directed to do so by the principal or other person then in charge of such building or
facility;
h. Incitement which is intended to and does result in unauthorized occupation by any group of pupils or
others of any part of a school or other facility owned by any school district;
i. Incitement which is intended to and does result in truancy by other pupils;
j. Knowing possession or knowing consumption without legal authority of alcoholic beverages or
controlled dangerous substances on school premises, or being under the influence of intoxicating liquor
or controlled dangerous substances while on school premises; and
k. Harassment, intimidation, or bullying.
The teacher in a school having but one teacher or the principal in all other cases may suspend any pupil
from school for good cause but such suspension shall be reported forthwith by the teacher or principal so
doing to the superintendent of schools of the district if there be one. The superintendent to whom a
suspension is reported or if there be no superintendent in the district, the teacher or principal suspending
the pupil shall report the suspension to the board of education of the district at its next regular meeting.
Such teacher, principal or superintendent may reinstate the pupil prior to the second regular meeting of
the board of education of the district held after such suspension unless the board shall reinstate the pupil
at such first regular meeting.
Page 16

STATUTES
education program for a period of not less than one calendar year subject to modification on a case-bycase basis by the chief school administrator.


STATUTES
Page 17
For purposes of this section "assault" means those actions defined under subsection a.(1) of
N.J.S.2C:12-1.
For purposes of this section "weapon" includes but is not limited to those items enumerated in
subsection r. of N.J.S.2C:39-1, except a firearm as defined by N.J.S.2C:39-1f and 18 U.S.C. s.921.
Any student that is removed from the regular education program pursuant to this section shall be placed
in an alternative education program. If placement in an alternative education program is not available, the
18A:37-2.4. Hearing.
3. a. Any pupil removed pursuant to section 1 of P.L.1995, c.128 (C.18A:37-2.2) shall be entitled to a
hearing before the local board of education to determine if the pupil is guilty of committing an assault
upon a teacher, administrator, board member, other employee of a school board or another student,
with a weapon, on any school property, on a school bus, or at a school-sponsored function. If it is found
that the pupil is not guilty of the offense the pupil shall be immediately returned to the regular education
program.
b. The hearing shall take place no longer than 30 days following the day the pupil is removed from the
regular education program. The hearing is not subject to the provisions of the "Open Public Meetings
Act," P.L.1975, c.231 (C.10:4-6 et seq.).
c. The decision of the board shall be made within five days after the close of the hearing. Any appeal of
the board's decision shall be made to the Commissioner of Education within 90 days of the board's
decision.
Page 18
18A:37-2.5. Determination of pupil's preparedness to return.

4. The chief school administrator shall determine when the pupil is prepared to return to the regular
education program in accordance with procedures to be established by the Commissioner of Education.
The superintendent to whom a suspension is reported or if there be no superintendent in the district, the
teacher or principal suspending the pupil shall report the suspension to the board of education of the
district at its next regular meeting. Such teacher, principal or superintendent may reinstate the pupil prior
to the second regular meeting of the board of education of the district held after such suspension unless
the board shall reinstate the pupil at such first regular meeting.
18A:37-5. Continuation of suspension; reinstatement or expulsion.
No suspension of a pupil by a teacher or a principal shall be continued longer than the second regular
meeting of the board of education of the district after such suspension unless the same is continued by
action of the board, and the power to reinstate, continue any suspension reported to it or expel a pupil
shall be vested in each board.
18A:37-10. Hearing.
4. a. Any pupil removed pursuant to section 2 of P.L.1995, c.127 (C.18A:37-8) shall be entitled to a
hearing before the local board of education to determine if the pupil was convicted or adjudicated
delinquent for possession of a firearm or a crime while armed with a firearm or is guilty of knowingly
possessing a firearm on any school property, on a school bus or at a school-sponsored function. If it is
found that the pupil is not guilty of these offenses the pupil shall be immediately returned to the regular
education program.
b. The hearing shall take place no later than 30 days following the day the pupil is removed from the
Act," P.L.1975, c.231 (C.10:4-6 et seq.).
decision.
18A:37-11. Determination of pupil's preparedness to return.
The chief school administrator shall determine whether the pupil is prepared to return to the regular
education program or whether the pupil shall remain in an alternative education program, home
instruction or other suitable facilities and programs, in accordance with procedures to be established by
the Commissioner of Education.
district.
Page 19
(6) a procedure for prompt investigation of reports of violations and complaints, which procedure shall at
a minimum provide that:
(a) the investigation shall be initiated by the principal or the principal's designee within one school day
of the report of the incident and shall be conducted by a school anti-bullying specialist. The principal
may appoint additional personnel who are not school anti-bullying specialists to assist in the
investigation. The investigation shall be completed as soon as possible, but not later than 10 school
days from the date of the written report of the incident of harassment, intimidation, or bullying. In the
event that there is information relative to the investigation that is anticipated but not yet received by
the end of the 10-day period, the school anti-bullying specialist may amend the original report of the
results of the investigation to reflect the information;
days of the completion of the investigation, and in accordance with regulations promulgated by the
State Board of Education pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B1 et seq.), the superintendent may decide to provide intervention services, establish training
programs to reduce harassment, intimidation, or bullying and enhance school climate, impose
discipline, order counseling as a result of the findings of the investigation, or take or recommend other
appropriate action;
(c) the results of each investigation shall be reported to the board of education no later than the date
of the board of education meeting next following the completion of the investigation, along with
information on any services provided, training established, discipline imposed, or other action taken
or recommended by the superintendent;
(d) parents or guardians of the students who are parties to the investigation shall be entitled to receive
information about the investigation, in accordance with federal and State law and regulation, including
the nature of the investigation, whether the district found evidence of harassment, intimidation, or
bullying, or whether discipline was imposed or services provided to address the incident of
harassment, intimidation, or bullying. This information shall be provided in writing within 5 school days
after the results of the investigation are reported to the board. A parent or guardian may request a
hearing before the board after receiving the information, and the hearing shall be held within 10 days
of the request. The board shall meet in executive session for the hearing to protect the confidentiality
of the students. At the hearing the board may hear from the school anti-bullying specialist about the
incident, recommendations for discipline or services, and any programs instituted to reduce such
incidents;
(e) at the next board of education meeting following its receipt of the report, the board shall issue a
decision, in writing, to affirm, reject, or modify the superintendent's decision. The board's decision
may be appealed to the Commissioner of Education, in accordance with the procedures set forth in
law and regulation, no later than 90 days after the issuance of the board's decision; and
(f) a parent, student, guardian, or organization may file a complaint with the Division on Civil Rights
within 180 days of the occurrence of any incident of harassment, intimidation, or bullying based on
membership in a protected group as enumerated in the "Law Against Discrimination," P.L.1945, c.169
(C.10:5-1 et seq.);
Page 20
ADMINISTRATIVE CODE
6A:16-7.2. Short-term suspensions.
(a) In each instance of a short-term suspension, a district board of education shall assure the rights of a
student suspended for 10 consecutive school days or fewer by providing for the following:
1. As soon as practicable, oral or written notice of charges to the student.
i. When charges are denied, an explanation of the evidence forming the basis of the charges also
shall be provided;
2. An informal hearing prior to the suspension in which the student is given the opportunity to present
the students version of events regarding the students actions leading to the short-term suspension and
provided notice of the school districts actions taken pursuant to N.J.A.C. 6A:16-7.1(c)2 and 5:
i. The informal hearing shall be conducted by a school administrator or his or her designee;
ii. To the extent that a students presence poses a continuing danger to persons or property or an
ongoing threat of disrupting the educational process, the student may be immediately removed from
the students educational program and the informal hearing shall be held as soon as practical after
the suspension;
iii. The informal hearing should take place even when a school staff member has witnessed the
conduct forming the basis of the charge; and
iv. The informal hearing and the notice given may take place at the same time;
3. Oral or written notification to the students parents of the students removal from the students
educational program prior to the end of the school day on which the school administrator makes the
decision to suspend the student, which shall include an explanation of:
i. The specific charges;
ii The facts on which the charges are based;
iii. The provision(s) of the code of student conduct the student is accused of violating;
iv. The students due process rights, pursuant to N.J.A.C. 6A:16-7.1(c)3, and 7.2 through 7.6; and
v. The terms and conditions of the suspension.
4. Appropriate supervision of the student while waiting for the students parent to remove the student
from school during the school day; and
5. Academic instruction either in school or out of school that addresses the Core Curriculum Content
Standards, pursuant to N.J.A.C. 6A:8-3.1, which may include a public education program provided in
accordance with the provisions of N.J.A.C. 6A:16-9 or 10.
i. The instruction shall be provided within five school days of the suspension.
ii. Educational services provided to a student with a disability shall be provided consistent with the
students Individualized Education Program in accordance with N.J.A.C. 6A:14.
iii. At the completion of a short-term suspension, the district board of education shall return the
general education student to the general education program.
(b) The suspending principal shall immediately report the suspension to the chief school administrator,
who is required to report it to the district board of education at its next regular meeting, pursuant to
N.J.S.A. 18A:37-4.
(c) For a student with a disability, the provisions set forth in this section shall be provided in addition to all
procedural protections set forth in N.J.A.C. 6A:14.
Page 21
6A:16-7.3. Long-term suspensions.

(a) In each instance of a long-term suspension, the district board of education shall assure the rights of a
student suspended for more than 10 consecutive school days by providing the following:
1. Immediate notification to the student of the charges, prior to the students removal from school;
2. An informal hearing prior to the suspension in which the student is given the opportunity to present
the students version of events regarding the students actions leading to the long-term suspension and
the school districts actions taken pursuant to N.J.A.C. 6A:16-7.1(c)2 and 5;
3. Immediate notification to the students parents of the students removal from school;
4. Appropriate supervision of the student while waiting for the students parents to remove the student
from school during the school day;
5. Written notification to the parents by the chief school administrator or his or her designee within two
school days of the initiation of the suspension, stating:
i. The specific charges;
ii. The facts on which the charges are based;
iii. The students due process rights, pursuant to N.J.A.C. 6A:16-7.3 through 7.6; and
iv. That further engagement by the student in conduct warranting expulsion, pursuant to N.J.S.A.
18A:37-2, shall amount to a knowing and voluntary waiver of the students right to a free public
education, in the event that a decision to expel the student is made by the district board of education,
pursuant to N.J.S.A. 18A:37-2 and N.J.A.C. 6A:16-7.5.
(1) The district board of education shall request written acknowledgement of the notification of the
provisions of (a)4iv above from the parents and the student subsequent to the removal from the
students educational program, pursuant to this section.
6. A list of witnesses and their statements or affidavits, if any, no later than five days prior to the formal
hearing, pursuant to (a)10 below;
7. A student with a disability, a manifestation determination, pursuant to N.J.A.C. 6A:14-2.8 and the
Federal regulations incorporated by reference therein;
8. Information on the right of the student to secure an attorney and legal resources available in the
community identified pursuant to N.J.A.C. 6A:16-7.1(c)8;
9. Educational services, either in school or out of school, that are comparable to those provided in the
public schools for students of similar grades and attainments, pursuant to N.J.S.A. 18A:38-25, which
may include a public education program provided in accordance with the provisions of N.J.A.C. 6A:16-9
or 10.
i. The services shall be provided within five school days of the suspension.
ii. The district board of education shall make decisions regarding the appropriate educational program
and support services for the suspended general education student, at a minimum, based on the
following criteria:
(1) A behavioral assessment or evaluation including, but not limited to, a referral to the child study
team, as appropriate;
(2) The results of any relevant testing, assessments or evaluations of the student;
(3) The students academic, health and behavioral records;
(4) The recommendation of the chief school administrator, principal or other relevant school or
community resource;
(5) Considerations of parental input; or
Page 22
(6) Consultation with the Intervention and Referral Services team, in accordance with N.J.A.C.
6A:16-8, as appropriate.
iii. Educational services provided to a student with a disability shall be provided consistent with the
students Individualized Education Program, in accordance with N.J.A.C. 6A:14;
10. A formal hearing before the district board of education, which, at a minimum, shall:
i. Be conducted by the district board of education or delegated by the board to a board committee, a
school administrator or an impartial hearing officer for the purpose of determining facts or making
recommendations.
(1) The district board of education as a whole shall receive and consider either a transcript or
detailed report on such hearing before taking final action;
ii. Include the opportunity for the student to:
(1) Confront and cross-examine witnesses, when there is a question of fact; and
(2) Present his or her own defense and produce oral testimony or written supporting affidavits.
iii. Take place no later than 30 calendar days following the day the student is suspended from the
general education program; and
iv. Result in a decision by the district board of education, which at a minimum, shall be based on the
preponderance of competent and credible evidence;
11. A written statement to the students parents of the district board of educations decision within five
school days after the close of the hearing that includes, at a minimum:
i. The charges considered;
ii. A summary of the documentary or testimonial evidence from both the student and the
administration that was brought before the district board of education at the hearing;
iii. Factual findings relative to each charge and the district board of educations determination of each
charge;
iv. Identification of the educational services to be provided to the student, pursuant to (a)9 above;
v. The terms and conditions of the suspension; and
vi. The right to appeal the district board of educations decision regarding the students general
education program to the Commissioner of Education in accordance with N.J.S.A. 18A:37-2.4 and
N.J.A.C. 6A:3-1.3 through 1.17;
12. Immediate return to the general education program if at any time it is found that the general
education student did not commit the offense;
13. For a student with a disability found not to have committed the offense, the students program shall
be determined in accordance with the provisions of N.J.A.C. 6A:14; and
14. At the completion of a long-term suspension, the district board of education shall return the general
education student to the general education program.
(b) Any appeal of the district board of educations decision regarding the general education students
program shall be made to the Commissioner of Education, in accordance with N.J.S.A. 18A:37-2.4 and
N.J.A.C. 6A:3-1.3 through 1.17.
(c) Suspension of general education students shall not be continued beyond the district board of
educations second regular meeting following the suspension, unless the district board of education so
determines, pursuant to N.J.S.A. 18A:37-5.
1. The district board of education shall determine whether to continue the suspension, pursuant to (a)
above, based on the following criteria:
Page 23
i. The nature and severity of the offense;

ii. The district board of education removal decision;
iii. The results of any relevant testing, assessments or evaluations of the student; and
iv. The recommendation of the chief school administrator, principal or director of the alternative
education program or home or other in-school or out-of-school instruction program in which the
student has been placed.
2. The district board of education shall develop and adopt policies and procedures providing for action
on the continuation of student suspensions in the event of cancellation of the first or second regular
board meeting pursuant to N.J.S.A. 18A:37-4 and 5.
(d) When the district board of education votes to continue the suspension of a general education student,
the board of education, in consultation with the chief school administrator, shall review the case at each
subsequent district board of education meeting for the purpose of determining:
1. The status of the students suspension;
2. The appropriateness of the current educational program for the suspended student; and
3. Whether the suspended students current placement, pursuant to (a)9 above, should continue or
whether the student should return to the general education program.
(e) When the district board of education votes to continue the suspension of a general education student,
the district board of education, in consultation with the chief school administrator, shall make the final
determination on:
1. When the student is prepared to return to the general education program;
2. Whether the student shall remain in an alternative education program or receive home or other inschool or out-of-school instruction, based on the criteria set forth in (c)1i through iv above; or
3. Whether to initiate expulsion proceedings in accordance with N.J.S.A. 18A:37-2 and N.J.A.C. 6A:167.5.
(f) The district board of education shall provide a general education student suspended under this section
with an appropriate educational program or appropriate educational services, based on the criteria set
forth under (a)9ii above, until the student graduates from high school or reaches the age of 20, whichever
comes first.
1. The educational program shall be consistent with the provisions of N.J.A.C. 6A:16-9.2 and 10.2 and
N.J.A.C. 6A:14-2 and 4.3, whichever is applicable; or
2. The educational services provided, either in school or out of school, shall be comparable to those
provided in the public schools for students of similar grades and attainments, pursuant to the provisions
of N.J.S.A. 18A:38-25.
(g) For a student with a disability who receives a long-term suspension, the district board of education
shall proceed in accordance with N.J.A.C. 6A:14 in determining or changing the students educational
placement to an interim or alternate educational setting.
1. All procedural protections set forth in N.J.A.C. 6A:14 and this section shall be afforded to each
student with a disability who is subjected to a long-term suspension.
2. All decisions concerning the students educational program or placement shall be made by the
students Individualized Education Program team.
3. The provisions of (b) through (f) above shall not apply to students with disabilities.
Page 24
6A:16-7.4. Mandated student removals from general education.

(a) The district board of education shall follow N.J.A.C 6A:16-5.5 for student removals for firearms
offenses.
(b) The district board of education shall follow N.J.A.C. 6A:16-5.6 for student removals for assaults with
weapons offenses.
(c) The district board of education shall follow N.J.A.C. 6A:16-5.7 for student removals for assaults on
district board of education members or employees.
6A:16-7.5. Expulsions.
(a) A district board of education may expel, that is discontinue the educational services or discontinue
payment of educational services for, a general education student from school, pursuant to N.J.S.A.
18A:37-2, only after the district board of education has provided the following:
1. The procedural due process rights set forth at N.J.A.C. 6A:16-7.3 and 7.4, subsequent to a long-term
suspension, pursuant to N.J.A.C. 6A:16-7.3; and
2. An appropriate educational program or appropriate educational services, based on the criteria set
forth under N.J.A.C. 6A:16-7.3(f).
i. The educational program shall be consistent with the provisions of N.J.A.C. 6A:16-9.2 and 10.2 and
6A:14; whichever are applicable; or
ii. The educational services provided, either in school or out of school, shall be comparable to those
provided in the public schools for students of similar grades and attainments, pursuant to the
provisions of N.J.S.A. 18A:38-25.
(b) Any appeal of the district board of educations decision regarding the cessation of the students
general education program shall be made to the Commissioner of Education in accordance with N.J.S.A.
18A:37-2.4 and N.J.A.C. 6A:3-1.3 through 1.17.
1. A district board of education shall continue to provide an appropriate educational program or
appropriate educational services, in accordance with N.J.A.C. 6A:16-7.5(a)2, until a final determination
has been made on the appeal of the district board of educations action to expel a student.
(c) An expulsion of a student with a disability from a receiving school shall be handled in accordance with
N.J.A.C. 6A:14.

STATUTES
18A:37-2.5. Determination of pupil's preparedness to return.
4. The chief school administrator shall determine when the pupil is prepared to return to the regular
education program in accordance with procedures to be established by the Commissioner of Education.
The superintendent to whom a suspension is reported or if there be no superintendent in the district, the
teacher or principal suspending the pupil shall report the suspension to the board of education of the
district at its next regular meeting. Such teacher, principal or superintendent may reinstate the pupil prior
Page 25
to the second regular meeting of the board of education of the district held after such suspension unless
the board shall reinstate the pupil at such first regular meeting.
18A:37-5. Continuation of suspension; reinstatement or expulsion.
No suspension of a pupil by a teacher or a principal shall be continued longer than the second regular
meeting of the board of education of the district after such suspension unless the same is continued by
action of the board, and the power to reinstate, continue any suspension reported to it or expel a pupil
shall be vested in each board.
18A:37-10. Hearing.
4. a. Any pupil removed pursuant to section 2 of P.L.1995, c.127 (C.18A:37-8) shall be entitled to a
hearing before the local board of education to determine if the pupil was convicted or adjudicated
delinquent for possession of a firearm or a crime while armed with a firearm or is guilty of knowingly
possessing a firearm on any school property, on a school bus or at a school-sponsored function. If it is
found that the pupil is not guilty of these offenses the pupil shall be immediately returned to the regular
education program.
b. The hearing shall take place no later than 30 days following the day the pupil is removed from the
Act," P.L.1975, c.231 (C.10:4-6 et seq.).
decision.
18A:40A-12. Reporting of pupils under influence; examination; report; return home; evaluation of
possible need for treatment; referral for treatment.
a. ... If it is determined that the pupil was under the influence of a substance [as defined pursuant to
section 2 of this act], the pupil shall be returned to the pupil's home as soon as possible and shall not
resume attendance at school until the pupil submits to the principal a written report certifying that the pupil
is physically and mentally able to return thereto, which report shall be prepared by a personal physician,
the medical inspector, or the physician who examined the pupil pursuant to the provisions of this act.

STATUTES
school board or another student, with a weapon, on any school property, on a school bus, or at a school-
Page 26
sponsored function shall be immediately removed from the school's regular education program pending a
N.J.S.2C:12-1.
Any pupil who is convicted or adjudicated delinquent for possession of a firearm or a crime while armed
For the purposes of this section "firearm" means those items enumerated in N.J.S.2C:39-1f and 18
U.S.C. s.921.
Any pupil that is removed from the regular education program pursuant to this section shall be placed in
an alternative education program. If placement in an alternative education program is not available, the
ADMINISTRATIVE CODE
6A:16-9.1. Establishment of alternative education programs.
(a) Each district board of education choosing to operate an alternative education program, pursuant to
N.J.A.C. 6A:16-1.3, shall approve the alternative education program.
(b) Any alternative education program, pursuant to N.J.A.C. 6A:16-1.3, within a State agency, public
college operated program or department-approved school shall be approved by the Commissioner of
Education.
1. The agency, pursuant to (b) above, shall submit an initial or renewal application, as appropriate, to
the designated county office of education, in accordance with the format prescribed by the
Commissioner of Education.
2. Each alternative education program established by an agency, pursuant to (b) above, shall be
separate and distinct from the already existing programs operated by these agencies.
Page 27
3. Annually, each agency, pursuant to (b) above, operating an alternative education program, pursuant
to N.J.A.C. 6A:16-1.3, shall obtain certificates of fire inspection and, if applicable, health, sewerage
plant and health, ventilation, and air conditioning (HVAC) inspections.
i. These certificates shall be maintained and available upon request for review by the Department of
Education.
6A:16-9.2. Program criteria.
(a) Each alternative education program, pursuant to N.J.A.C. 6A:16-1.3, shall fulfill the following program
criteria for both high school and middle school programs, unless otherwise noted:
1. A maximum studentteacher ratio of 12:1 for high school programs shall be maintained;
2. A maximum studentteacher ratio of 10:1 for middle school programs shall be maintained;
3. An Individualized Program Plan (IPP) shall be developed for each general education student enrolled
in the program.
i. The IPP shall be developed by the school district in which the student is enrolled, in consultation
with the students parent and the receiving school district, pursuant to N.J.A.C. 6A:16-9.1(a), or other
agency, pursuant to N.J.A.C. 6A:16-9.1(b), as appropriate.
ii. The IPP shall be developed by a multidisciplinary team of professionals with knowledge of the
students educational, behavioral, emotional, social and health needs.
iii. The IPP shall identify the appropriate instructional and support services for addressing the
students identified needs.
iv. The IPP shall be developed in accordance with the format prescribed by the Commissioner of
Education and implemented within 30 calendar days of the students placement in the alternative
education program.
(1) The IPP may, but need not, be developed prior to the students placement.
v. A multidisciplinary team shall review and, as appropriate, revise the IPP prior to the completion of
the students anticipated enrollment in the alternative education program or prior to the end of the
school year, whichever occurs first.
(1) The multidisciplinary team shall review and revise the IPP, as needed, at any time during the
students enrollment in the alternative education program.
(2) The multidisciplinary team that reviews the IPP shall include staff from the sending school and
the alternative education program who have knowledge of the students educational, behavioral,
emotional, social and health needs.
(3) The students parent shall be advised of revisions to the IPP.
4. For a student with a disability, the alternative education program shall be consistent with the
students Individualized Education Program (IEP), pursuant to N.J.A.C. 6A:14, Special Education.
5. Individualized instruction to students shall address the Core Curriculum Content Standards, pursuant
to N.J.A.C. 6A:8-3.1;
6. Instructional staff shall be appropriately certified, pursuant to N.J.A.C. 6A:9-3.3;
7. Compliance with attendance policies, pursuant to N.J.A.C. 6A:16-7.8 and 6A:32-8.3, shall be
required;
8. Academic instruction sufficient to fulfill graduation requirements, pursuant to N.J.A.C. 6A:8-5.1, shall
be provided to high school students;
9. Comprehensive support services and programs shall address each students health, social and
emotional development and behavior;
Page 28
10. Case management services including, but not limited to, monitoring and evaluating student progress
and coordinating instructional and support services, pursuant to (a)5, 8, and 9 above, shall be provided;
11. Services to facilitate the transition of students returning to the general or special education program
shall be provided; and
12. A minimum student enrollment period of not less than two complete marking periods shall be
required.
i. If the student is enrolled with less than two complete marking periods remaining prior to the end of
the school year, the decision regarding continued placement in the alternative education program
shall be made in accordance with N.J.A.C. 6A:16-9.3(a).
ii. If the student is removed from the general education program and placed in an alternative
education program as a result of a firearm or assault with a weapon offense, the chief school
administrator may modify the term of removal or placement on a case-by-case basis, pursuant to
N.J.A.C. 6A:16-5.5(b)1 and 5.6(b)1.
iii. For the student with a disability, the enrollment period shall be determined by appropriate school
personnel in accordance with the provisions of N.J.A.C. 6A:14, Special Education, and the Individuals
with Disabilities Education Act of 2004, 20 U.S.C. 1400 et seq.
6A:16-9.3. Student placements.
(a) Student placement in an alternative education program, pursuant to N.J.A.C. 6A:16-1.3 and 9.1(a) and
(b), shall be made as follows:
1. For the general education student, the district board of education shall make a determination of the
students risk for school failure and a decision regarding the students placement in an alternative
education program, at a minimum, based on the following:
i. The review of the students academic, health and behavioral records , including the students IPP, if
one has been developed in accordance with N.J.A.C. 6A:16-9.2(a)3i through v, and the results of
available testing, assessment or evaluation of the student;
ii. Consultation with and notice to the students parent; and
iii. Information provided by the school-based multidisciplinary team responsible to provide intervention
and referral services, pursuant to N.J.A.C. 6A:16-8, or other multidisciplinary team, as appropriate.
2. Decisions regarding the placement of the student with a disability in an alternative education
program, pursuant to N.J.A.C. 6A:16-9.1(a) and (b), shall be based on the recommendation of
appropriate personnel in accordance with N.J.A.C. 6A:14.
3. The district board of education shall provide mandatory placement for a student in an alternative
education program for removal due to a firearms offense, pursuant to N.J.A.C. 6A:16-5.5 or an assault
with weapons offense, pursuant to N.J.A.C. 6A:16-5.6.
i. If placement in an alternative education program, pursuant to N.J.A.C. 6A:16-9.1(a) or (b), is not
available in the instance of a mandatory student placement, the student shall be provided home or
out-of-school instruction, pursuant to N.J.A.C. 6A:16-10, until placement in an alternative education
program is available.
ii. For the student with a disability, placement in an alternative education program for a firearm offense
or an assault with a weapon offense shall occur only upon a determination by appropriate school
personnel to place the student in accordance with the provisions of N.J.A.C. 6A:14, Special Education
Programs and the Individuals with Disabilities Act of 2004, 20 U.S.C. 1400 et seq.
(b) If a district board of education places a student in an alternative education program approved by
another district board of education, pursuant to N.J.A.C. 6A:16-9.1(a)1, or another approved agency,
Page 29
pursuant to N.J.A.C. 6A:16-9.1(b), the district board of education of the sending school district shall be
responsible for ensuring compliance with the requirements of this subchapter.
(c) Decisions regarding continued placement in an alternative education program or a change to a
students placement shall be made as follows:
1. For the general education student returning to the general education program, the continued
placement decision shall be made in accordance with N.J.A.C. 6A:16-9.2(a)11, as appropriate, and (a)1
above.
2. For a student with disabilities, the continued placement decision shall be made in accordance with
N.J.A.C. 6A:16-9.2(a)11, as appropriate, (a)2 above, and N.J.A.C. 6A:14, Special Education.
Page 30

Conditions
Firearms (as required by the Gun-Free Schools Act)
STATUTES
2C:39-1. Definitions.
The following definitions apply to this chapter and to chapter 58:
f. "Firearm" means any handgun, rifle, shotgun, machine gun, automatic or semi-automatic rifle, or any
gun, device or instrument in the nature of a weapon from which may be fired or ejected any solid
projectable ball, slug, pellet, missile or bullet, or any gas, vapor or other noxious thing, by means of a
cartridge or shell or by the action of an explosive or the igniting of flammable or explosive substances. It
shall also include, without limitation, any firearm which is in the nature of an air gun, spring gun or pistol
or other weapon of a similar nature in which the propelling force is a spring, elastic band, carbon
dioxide, compressed or other gas or vapor, air or compressed air, or is ignited by compressed air, and
ejecting a bullet or missile smaller than three-eighths of an inch in diameter, with sufficient force to
injure a person.
ADMINISTRATIVE CODE
6A:16-5.5. Removal of students for firearms offenses.
(a) Each district board of education shall adopt and implement policies and procedures regarding student
offenses involving firearms, as defined in N.J.S.A. 2C:39-1(f) and 18 U.S.C. 921, according to the
requirements of the Zero Tolerance for Guns Act, pursuant to N.J.S.A. 18A:37-7 through 12. These
policies and procedures shall apply to:
1. A student who is convicted or adjudicated delinquent for possession of a firearm on any school
grounds, including on a school bus or at a school-sponsored function;
2. A student who is convicted or adjudicated delinquent for committing a crime while in possession of a
firearm on school grounds, including on a school bus or at a school-sponsored function; and
3. A student who is found knowingly in possession of a firearm on any school grounds, including on a
school bus or at a school-sponsored function.
(b) Each district board of education shall immediately remove any student, other than a student with a
disability, as set forth in (a) above, from the schools general education program for a period of not less
than one calendar year.
1. The chief school administrator may modify the removal of a general education student on a case-bycase basis.
Page 31
i. The chief school administrator shall develop and maintain a written record of any case-by-case
modifications of the removal requirement in this subsection, which shall be made available to the
Commissioner of Education upon request of the Commissioner.
2. Nothing in this section shall be construed to prohibit the expulsion of a general education student.
(c) A district board of education shall immediately remove students with disabilities for offenses involving
firearms in accordance with the provisions of N.J.A.C. 6A:14 and the applicable Federal regulations
incorporated therein.
(d) The principal or his or her designee shall:
1. Remove any student as set forth in (a) through (c) above;
2. Isolate the student and place the student under the supervision of school staff until such time as the
students parent or a law enforcement official takes custody of the student;
3. Immediately report the removal of the student to the chief school administrator;
4. Notify the appropriate law enforcement agency of a possible violation of the New Jersey Code of
Criminal Justice; and
5. Notify the students parent of the following information:
i. The removal action;
ii. The law enforcement notification;
iii. The change of custody, if it occurs; and
iv. The general education student's due process rights, as set forth in N.J.A.C. 6A:16-7.2 through 7.6
or, in the case of a student with a disability, the students due process rights, as set forth in N.J.A.C.
6A:14-2.7 through 2.8 and 6A:16-7.2 through 7.6.
(e) Any student, other than a student with a disability, removed from the general education program
pursuant to this section shall be placed in an alternative education program, according to the
requirements of N.J.A.C. 6A:16-9.
1. If placement in an alternative education program is not available, the general education student shall
be provided home or other out-of-school instruction, according to N.J.A.C. 6A:16-10, until placement is
available.
(f) Any student with a disability removed pursuant to (a) and (c) above shall receive a placement in
accordance with N.J.A.C. 6A:14.
(g) Any student removed pursuant to (b) above shall be entitled to a hearing before the district board of
education in accordance with N.J.A.C. 6A:16-7.2 through 7.6.
(h) If it is found that the removed student did not commit the offenses in (a) and (c) above, the student
shall be immediately returned to the program from which the student was removed.
(i) The chief school administrator shall make the final determination on whether the general education
student is prepared to return to the general education program or whether the student shall remain in an
alternative education program, pursuant to N.J.A.C. 6A:16-9, or receive home or other out-of-school
instruction, pursuant to N.J.A.C. 6A:16-10, based on the following criteria:
1. The nature and severity of the offense;
2. The district board of education removal decision;
3. The results of any relevant testing, assessment or evaluation of the student; and
4. The recommendation of the principal or director of the alternative education program or home or
other out-of-school instruction program in which the student has been placed.
Page 32
(j) This section does not apply to a firearm that is lawfully stored in a locked vehicle on school grounds, or
when it is for activities approved and authorized by the district board of education, so long as the district
board of education adopts appropriate safeguards to ensure student safety.
1. All students must obtain written authorization from the chief school administrator to possess a firearm
stored inside a locked vehicle on school grounds or used for participation in a school-sponsored
function.
i. The chief school administrator shall not provide such authorization to any student who has been
convicted or adjudicated delinquent for possession of a firearm or for a crime involving the use of a
firearm.
(k) Each chief school administrator shall submit a report annually to the Commissioner of Education on
each incident under this section utilizing the Electronic Violence and Vandalism Reporting System,
pursuant to N.J.A.C. 6A:16-5.3(e)1.
(l) Each district board of education shall annually disseminate its adopted policies and procedures for
implementing this section to all school staff, students and parents.
offenses.
weapons offenses.
Other weapons
STATUTES
2C:39-1. Definitions.
The following definitions apply to this chapter and to chapter 58:
f. "Firearm" means any handgun, rifle, shotgun, machine gun, automatic or semi-automatic rifle, or any
gun, device or instrument in the nature of a weapon from which may be fired or ejected any solid
projectable ball, slug, pellet, missile or bullet, or any gas, vapor or other noxious thing, by means of a
cartridge or shell or by the action of an explosive or the igniting of flammable or explosive substances. It
shall also include, without limitation, any firearm which is in the nature of an air gun, spring gun or pistol
or other weapon of a similar nature in which the propelling force is a spring, elastic band, carbon
dioxide, compressed or other gas or vapor, air or compressed air, or is ignited by compressed air, and
ejecting a bullet or missile smaller than three-eighths of an inch in diameter, with sufficient force to
injure a person.
r. "Weapon" means anything readily capable of lethal use or of inflicting serious bodily injury. The term
includes, but is not limited to, all (1) firearms, even though not loaded or lacking a clip or other
component to render them immediately operable; (2) components which can be readily assembled into
a weapon; (3) gravity knives, switchblade knives, daggers, dirks, stilettos, or other dangerous knives,
billies, blackjacks, bludgeons, metal knuckles, sandclubs, slingshots, cesti or similar leather bands
studded with metal filings or razor blades imbedded in wood; and (4) stun guns; and any weapon or
other device which projects, releases, or emits tear gas or any other substance intended to produce
temporary physical discomfort or permanent injury through being vaporized or otherwise dispensed in
the air.
Page 33

ADMINISTRATIVE CODE
6A:16-5.6. Removal of students for assaults with weapons offenses.
(a) Each district board of education shall adopt and implement policies and procedures regarding any
student who commits an assault, as defined under N.J.S.A. 2C:12-1(a)1, with a weapon, which includes,
but is not limited to, those items enumerated in N.J.S.A. 2C:39-1(r), except a firearm as defined by
N.J.S.A. 2C:39-1(f) and 18 U.S.C. 921, upon a teacher, administrator, board member, other employee
of a school board or another student on any school grounds, including on a school bus or at a schoolsponsored function, according to the requirements of N.J.S.A. 18A:37-2.2 through 2.5.
(b) Any student as set forth in (a) above, other than a student with a disability, shall be immediately
removed from the schools general education program for a period not exceeding one calendar year.
1. The chief school administrator may modify the removal of a general education student on a case-bycase basis.
2. Nothing in this section shall be construed to prohibit the expulsion of a general education student.
(c) District boards of education shall immediately remove students with disabilities for assaults with
weapons offenses in accordance with the provisions of N.J.A.C. 6A:14 and the applicable Federal
regulations incorporated therein.
(d) The principal or his or her designee shall:
1. Remove any student as set forth in (a) through (c) above;
2. Isolate the student and place the student under the supervision of school staff until such time as the
students parent or a law enforcement official takes custody of the student;
3. Immediately report the removal of the student to the school districts chief school administrator;
Page 34
4. Notify the appropriate law enforcement agency of a possible violation of the New Jersey Code of
Criminal Justice; and
5. Notify the student's parent of the following information:
iv. The general education student's due process rights, pursuant to N.J.A.C. 6A:16-7.2 through 7.6 or
in the case of a student with a disability, the students due process rights, as set forth in N.J.A.C.
(e) Any student, other than a student with a disability, removed from the general education program
pursuant to (b) above shall be placed in an alternative education program, according to the requirements
of N.J.A.C.6A:16-9.
1. If placement in an alternative education program is not available, the general education student shall
be provided home or other out-of-school instruction, according to N.J.A.C. 6A:16-10, until placement is
available.
(f) A student with a disability removed pursuant to (a) and (c) above shall receive a placement in
accordance with N.J.A.C. 6A:14.
(g) Any student removed pursuant to (b) above shall be entitled to a hearing before the district board of
education, pursuant to the requirements set forth at N.J.A.C. 6A:16-7.2 and 7.3.
(h) If it is found that the removed student did not commit these offenses, the student shall be immediately
returned to the program from which the student was removed.
(i) The chief school administrator shall make the final determination on when the general education
student is prepared to return to the general education program or whether the student shall remain in an
alternative education program or receive home or other out-of-school instruction based on the following
criteria:
1. The nature and severity of the offense;
2. The district board of education removal decision;
3. The results of any relevant testing, assessment or evaluation of the student; and
4. The recommendation of the principal or director of the alternative education program or home or
other out-of-school instruction program in which the student has been placed.
(j) This section does not apply to any student who has obtained the written authorization of the chief
school administrator to lawfully possess a firearm or other weapon while participating in a schoolsponsored function.
1. The chief school administrator shall not provide such authorization to any student who has been
convicted or adjudicated delinquent for possession of a firearm or weapon or for a crime involving the
use of a firearm.
(k) Each chief school administrator shall submit a report annually to the Commissioner of Education on
each incident and the circumstances surrounding the removal of students pursuant to (b) above utilizing
the Electronic Violence and Vandalism Reporting System pursuant to N.J.A.C. 6A:16-5.3(e)1.
(l) Each district board of education shall annually disseminate its adopted policies and procedures for
implementing this section to all school staff, students and parents.
Page 35

offenses.
weapons offenses.


STATUTES
2A:4A-22. General definitions.
3. General definitions. As used in this act:
g. "Juvenile-family crisis" means behavior, conduct or a condition of a juvenile, parent or guardian or
other family member which presents or results in (1) a serious threat to the well-being and physical
safety of a juvenile, or (2) a serious conflict between a parent or guardian and a juvenile regarding rules
of conduct which has been manifested by repeated disregard for lawful parental authority by a juvenile
or misuse of lawful parental authority by a parent or guardian, or (3) unauthorized absence by a juvenile
for more than 24 hours from his home, or (4) a pattern of repeated unauthorized absences from school
by a juvenile subject to the compulsory education provision of Title 18A of the New Jersey Statutes, or
(5) an act which if committed by an adult would constitute prostitution in violation of N.J.S.2C:34-1 or
any offense which the juvenile alleges is related to the juvenile being a victim of human trafficking.
18A:38-25. Attendance required of children between six and 16; exceptions.
Every parent, guardian or other person having custody and control of a child between the ages of six and
16 years shall cause such child regularly to attend the public schools of the district or a day school in
which there is given instruction equivalent to that provided in the public schools for children of similar
grades and attainments or to receive equivalent instruction elsewhere than at school.
18A:38-26. Days when attendance required; exceptions.
Such regular attendance shall be during all the days and hours that the public schools are in session in
the district, unless it is shown to the satisfaction of the board of education of the district that the mental
condition of the child is such that he cannot benefit from instruction in the school or that the bodily
condition of the child is such as to prevent his attendance at school, but nothing herein shall be construed
as permitting the temporary or permanent exclusion from school by the board of education of any district
of any child between the ages of five and 20, except as explicitly otherwise provided by law.
18A:38-27. Truancy and juvenile delinquency defined.
Any child between the ages of six and 16 years who shall repeatedly be absent from school, and any
child of such age found away from school during school hours whose parent, guardian or other person
having charge and control of the child is unable to cause him to attend school and any pupil who is
incorrigible, actually vagrant, vicious, or immoral in conduct, shall be deemed to be a juvenile delinquent
and shall be proceeded against as such.
Page 36
ADMINISTRATIVE CODE
6A:16-7.8. Attendance.
(a) Each district board of education shall develop, adopt and implement policies and procedures
regarding the attendance of students, pursuant to N.J.S.A. 18A:38-25 through 31 and N.J.A.C. 6A:32-8
and 13.1, at the public schools of the district or day schools in which students are provided with
equivalent instruction, according to the requirements of N.J.S.A. 18A:38-25, that shall include, at a
minimum:
1. The expectations and consequences regarding the timely arrival of students to school and classes;
2. The expectations and consequences regarding attendance at school and classes;
3. A definition of unexcused absence, for the purpose of this section, that, at a minimum, shall be based
on the definition of a school day, pursuant to N.J.A.C. 6A:32-8.3, and the following considerations:
i. Family illness or death;
ii. Educational opportunities;
iii. Written parental permission;
iv. Excused religious observances, pursuant to N.J.S.A. 18A:36-14 through 16;
v. Where appropriate, Individualized Education Programs pursuant to 20 U.S.C. 1400 et seq., the
Individuals with Disabilities Education Improvement Act, accommodation plans under 29 U.S.C.
794 and 705(20), and individualized health care plans, pursuant to N.J.A.C. 6A:16-2.3(b)2ix; and
4. School staff responses for unexcused absences:
i. For up to four cumulative unexcused absences, the school district shall:
(1) Make a reasonable attempt to notify the students parents of each unexcused absence prior to
the start of the following school day;
(2) Conduct an investigation to determine the cause of each unexcused absence, including contact
with the students parents;
(3) Develop an action plan in consultation with the students parents designed to address patterns of
unexcused absences, if any, and to have the child return to school and maintain regular
attendance;
(4) Proceed in accordance with the provisions of N.J.S.A. 9:6-1 et seq. and N.J.A.C 6A:16-11, if a
potential missing or abused child situation is detected; and
(5) Cooperate with law enforcement and other authorities and agencies, as appropriate;
ii. For between five and nine cumulative unexcused absences, the school district shall:
(2) Conduct a follow-up investigation, including contact with the students parents, to determine the
cause of each unexcused absence;
(3) Evaluate the appropriateness of the action plan developed pursuant to (a)4i(3) above;
(4) Revise the action plan, as needed, to identify patterns of unexcused absences and establish
outcomes based upon the students needs and specify the interventions for achieving the
outcomes, supporting the students return to school and regular attendance that may include any or
all of the following:
(A) Refer or consult with the buildings Intervention and Referral Services team, pursuant to
N.J.A.C. 6A:16-8;
Page 37
(B) Conduct testing, assessments or evaluations of the students academic, behavioral and health
needs;
(C) Consider an alternate educational placement;
(D) Make a referral to a community-based social and health provider agency or other community
resource;
(E) Refer to the court program designated by the New Jersey Administrative Office of the Courts;
and
(F) Proceed in accordance with the provisions of N.J.S.A. 9:6-1 et seq. and N.J.A.C. 6A:16-11, if a
potential missing or abused child situation is detected; and
(5) Cooperate with law enforcement and other authorities and agencies, as appropriate.
iii. For cumulative unexcused absences of 10 or more, the student, between the ages of six and 16, is
truant, pursuant to N.J.S.A. 18A:38-27, and the school district shall:
(1) Make a mandatory referral to the court program required by the New Jersey Administrative
Office of the Courts;
(2) Make a reasonable attempt to notify the students parents of the mandatory referral;
(3) Continue to consult with the parent and the involved agencies to support the students return to
school and regular attendance;
(4) Cooperate with law enforcement and other authorities and agencies, as appropriate; and
(5) Proceed in accordance with N.J.S.A. 18A:38-28 through 31, Article 3B, Compelling Attendance
at School, and other applicable State and Federal statutes, as required.
(b) For students with disabilities, the attendance plan and punitive and remedial procedures set forth
therein shall be applied, where applicable, in accordance with the students Individualized Education
Programs, pursuant to 20 U.S.C. 1400 et seq., the Individuals with Disabilities Education
Improvement Act; the procedural protections set forth in N.J.A.C. 6A:14; accommodation plans under 29
U.S.C. 794 and 705(20); and individualized health care plans, pursuant to N.J.A.C. 6A:16-2.3(b)2ix.
(c) All receiving schools pursuant to N.J.A.C 6A:14-7.1(a), shall act in accordance with (a)4i above for
each student with up to four cumulative unexcused absences.
1. For each student attending a receiving school with five or more cumulative unexcused absences, the
absences shall be reported to the sending school district.
i. The sending school district shall proceed in accordance with the district board of education policies
and procedures pursuant to (a) above and the provisions of (a)4ii through iii and (b) above, as
appropriate.
(d) The chief school administrator shall submit annually a report to the Commissioner of Education
containing information on student attendance, including, but not limited to, the district board of educations
implementation of each of the requirements pursuant to this section.
Substance use
STATUTES
Page 38
j. Knowing possession or knowing consumption without legal authority of alcoholic beverages or
controlled dangerous substances on school premises, or being under the influence of intoxicating liquor
or controlled dangerous substances while on school premises
18A:40A-1. Instructional programs on drugs, alcohol, anabolic steroids, tobacco and controlled
dangerous substances; curriculum guidelines.
Instructional programs on the nature of drugs, alcohol, anabolic steroids, tobacco and controlled
dangerous substances, as defined in section 2 of P.L.1970, c.226 (C.24:21-2), and their physiological,
psychological, sociological and legal effects on the individual, the family and society shall be taught in
each public school and in each grade from kindergarten through 12 in a manner adapted to the age and
understanding of the pupils. The programs shall be based upon the curriculum guidelines established by
the Commissioner of Education pursuant to section 2 of this act, and shall be included in the curriculum
for each grade in such a manner as to provide a thorough and comprehensive treatment of the subject.
18A:40A-2. Curriculum guidelines; annual review and updating; minimum requirements.
The Commissioner of Education, in consultation with the Commissioner of Health, shall develop
curriculum guidelines for education programs on drugs, alcohol, anabolic steroids, tobacco and controlled
dangerous substances. These guidelines shall be reviewed annually, and shall be updated as necessary
to insure that the curriculum reflects the most current information available on the nature and treatment of
drug, alcohol, anabolic steroids, tobacco and controlled dangerous substance abuse and treatment. The
guidelines shall provide for a sequential course of study for each grade, K-12, and shall, at a minimum,
include:
a. Detailed, factual information regarding the physiological, psychological, sociological and legal
aspects of substance abuse;
b. Detailed information concerning the availability of help and assistance for pupils and their families
with chemical dependency problems;
c. Decision making and coping skills; and,
d. The development of activities and attitudes which are consistent with a healthy life style.
The guidelines shall include model instructional units, shall define specific behavioral and learning
objectives and shall recommend instructional materials suitable for each grade level.
18A:40A-3. Initial inservice training programs; curriculum; availability.
a. Upon completion of the curriculum guidelines required pursuant to section 2 of this act, the
Commissioner of Education, in consultation with the Commissioner of Health, shall establish inservice
workshops and training programs to train selected public school teachers to teach an education program
on drugs, alcohol, anabolic steroids, tobacco and controlled dangerous substances. The inservice training
programs may utilize existing county or regional offices, or such other institutions, agencies or persons as
the Commissioner of Education deems appropriate. The programs and workshops shall provide
instructional preparation for the teaching of the drug, alcohol, anabolic steroids, tobacco and controlled
dangerous substances curriculum, and shall, in addition to the curriculum material, include information on
the history, pharmacology, physiology and psychosocial aspects of drugs, alcohol, anabolic steroids,
tobacco and controlled dangerous substances, symptomatic behavior associated with substance abuse,
the availability of rehabilitation and treatment programs, and the legal aspects of substance abuse. Each
local board of education shall provide time for the inservice training during the usual school schedule in
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order to insure that appropriate teaching staff members are prepared to teach the education program in
each grade in each school district.
b. Upon completion of the initial inservice training program, the Commissioner of Education shall insure
that programs and workshops that reflect the most current information on substance abuse are prepared
and are made available to teaching staff members at regular intervals.
c. In addition to providing inservice training programs for teaching staff members who will provide
instruction on substance abuse in the public schools, the Commissioner of Education shall make these
training programs available to such other instructional and supervisory personnel as he deems necessary
and appropriate.
18A:40A-4. Preservice training.
In addition to the provisions for inservice training established pursuant to this act, the commissioner shall
insure that the preservice training of individuals intending to enter the teaching profession provides for an
adequate treatment of the subject of substance abuse.
No certificate to teach in the public schools shall be issued to any teaching staff member who has not
passed a satisfactory examination in (1) physiology and hygiene; and (2) substance abuse issues which
includes material on the physiological, psychological, sociological and legal aspects of drug and alcohol
abuse, methods of educating students on the negative effects of substance abuse, and intervention
strategies for dealing with students engaged in substance abuse.
18A:40A-5. Loaning of educational materials.
The board of education in each school district in the State in which a nonpublic school is located shall
have the power and duty to loan to all pupils attending nonpublic schools located within the district all
educational materials developed by the Commissioner of Education pursuant to this act for the instruction
of public school pupils on the nature and effects of drugs, alcohol, anabolic steroids, tobacco and
controlled dangerous substances. The Commissioner of Education shall make these materials available
so that the local board of education shall not be required to expend funds for the loan of these materials.
18A:40A-7.1. Confidentiality of certain information provided by pupil; exceptions.
1. a. Except as provided by section 3 of P.L.1971, c.437 (C.9:6-8.10), if a public or private elementary or
secondary school pupil who is participating in a school-based drug and alcohol abuse counseling
program provides information during the course of a counseling session in that program which indicates
that the pupil's parent or guardian or other person residing in the pupil's household is dependent upon
or illegally using a substance as that term is defined in section 2 of P.L.1987, c.387 (C.18A:40A-9), that
information shall be kept confidential and may be disclosed only under the circumstances expressly
authorized under subsection b. of this section.
b. The information provided by a pupil pursuant to subsection a. of this section may be disclosed:
(1) subject to the pupil's written consent, to another person or entity whom the pupil specifies in
writing in the case of a secondary school pupil, or to a member of the pupil's immediate family or the
appropriate school personnel in the case of an elementary school pupil;
(2) pursuant to a court order;
(3) to a person engaged in a bona fide research purpose, except that no names or other information
identifying the pupil or the person with respect to whose substance abuse the information was
provided, shall be made available to the researcher; or
(4) to the Division of Child Protection and Permanency or to a law enforcement agency, if the
information would cause a person to reasonably suspect that the elementary or secondary school
pupil or another child may be an abused or neglected child as the terms are used in R.S.9:6-1, or as
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the terms are defined in section 2 of P.L.1971, c.437 (C.9:6-8.9), or section 1 of P.L.1974, c.119
(C.9:6-8.21).
c. Any disclosure made pursuant to paragraph (1) or (2) of subsection b. of this section shall be limited
to that information which is necessary to carry out the purpose of the disclosure, and the person or
entity to whom the information is disclosed shall be prohibited from making any further disclosure of that
information without the pupil's written consent. The disclosure shall be accompanied by a written
statement advising the recipient that the information is being disclosed from records the confidentiality
of which is protected by P.L.1997, c.362 (C.18A:40A-7.1 et seq.), and that this law prohibits any further
disclosure of this information without the written consent of the person from whom the information
originated. Nothing in P.L.1997, c.362 (C.18A:40A-7.1 et seq.) shall be construed as prohibiting the
Division of Child Protection and Permanency or a law enforcement agency from using or disclosing the
information in the course of conducting an investigation or prosecution. Nothing in P.L.1997, c.362 shall
be construed as authorizing the violation of any federal law.
d. The prohibition on the disclosure of information provided by a pupil pursuant to subsection a. of this
section shall apply whether the person to whom the information was provided believes that the person
seeking the information already has it, has other means of obtaining it, is a law enforcement or other
public official, has obtained a subpoena, or asserts any other justification for the disclosure of this
information.
18A:40A-7.2. Violations, penalties.
2. Except as provided by section 6 of P.L.1971, c.437 (C.9:6-8.13), a person who discloses or willfully
permits the disclosure of information provided by a pupil in violation of the provisions of section 1 of this
act is subject to a fine of not more than $500 for a first offense and not more than $5,000 for a second
and each subsequent offense. The penalty shall be collected and enforced in summary proceedings
under "the penalty enforcement law" (N.J.S.2A:58-1 et seq.).
18A:40A-8. Findings, declarations.
The Legislature finds and declares that:
a. A significant number of young people are unfortunately already involved in the abuse of alcohol and
other drugs;
b. Research indicates that particular groups of youngsters, such as the children of alcoholic parents,
may in fact face an increased risk of developing alcohol and other substance abuse problems and that
early intervention services can be critical in their prevention, detection and treatment; and,
c. School-based initiatives have proven particularly effective in identifying and assisting students at a
high risk of developing alcohol and other drug disturbances and in reducing absenteeism, decreasing
the consumption of alcohol and other drugs, and in lessening the problems associated with such
addictions.
18A:40A-9. Definitions.
For the purposes of this act:
"Substance" shall mean alcoholic beverages, controlled dangerous substances as defined in section 2
of P.L.1970, c.266 (C.24:21-2), anabolic steroids or any chemical or chemical compound which
releases vapors or fumes causing a condition of intoxication, inebriation, excitement, stupefaction or
dulling of the brain or nervous system including, but not limited to, glue containing a solvent having the
property of releasing toxic vapors or fumes as defined in section 1 of P.L.1965, c.41 (C.2A:170-25.9).
Page 41
"Substance abuse" shall mean the consumption or use of any substance as defined herein for purposes
other than for the treatment of sickness or injury as prescribed or administered by a person duly
authorized by law to treat sick and injured human beings.
a. Whenever it shall appear to any teaching staff member, school nurse or other educational personnel of
any public school in this State that a pupil may be under the influence of substances as defined pursuant
to section 2 of this act, other than anabolic steroids, that teaching staff member, school nurse, or other
educational personnel shall report the matter as soon as possible to the school nurse or medical
inspector, as the case may be, or to a student assistance coordinator, and to the principal or, in his
absence, to his designee. The principal or his designee, shall immediately notify the parent or guardian
and the superintendent of schools, if there be one, or the administrative principal and shall arrange for an
immediate examination of the pupil by a doctor selected by the parent or guardian, or if that doctor is not
immediately available, by the medical inspector, if he is available. If a doctor or medical inspector is not
immediately available, the pupil shall be taken to the emergency room of the nearest hospital for
examination accompanied by a member of the school staff designated by the principal and a parent or
guardian of the pupil if available. The pupil shall be examined as soon as possible for the purpose of
diagnosing whether or not the pupil is under such influence. A written report of that examination shall be
furnished within 24 hours by the examining physician to the parent or guardian of the pupil and to the
superintendent of schools or administrative principal. If it is determined that the pupil was under the
influence of a substance, the pupil shall be returned to the pupil's home as soon as possible and shall not
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In addition, the pupil shall be interviewed by a student assistance coordinator or another appropriately
trained teaching staff member for the purpose of determining the extent of the pupil's involvement with
these substances and possible need for treatment. In order to make this determination the coordinator or
other teaching staff member may conduct a reasonable investigation which may include interviews with
the pupil's teachers and parents. The coordinator or other teaching staff member may also consult with
experts in the field of substance abuse as may be necessary and appropriate. If it is determined that the
pupil's involvement with and use of these substances represents a danger to the pupil's health and wellbeing, the coordinator or other teaching staff member shall refer the pupil to an appropriate treatment
program which has been approved by the Commissioner of Health.
b. Whenever any teaching staff member, school nurse, or other educational personnel of any public
school in this State shall have reason to believe that a pupil has used or may be using anabolic steroids,
that teaching staff member, school nurse, or other educational personnel shall report the matter as soon
as possible to the school nurse or medical inspector, as the case may be, or to a student assistance
coordinator, and to the principal or, in his absence, to his designee. The principal or his designee, shall
immediately notify the parent or guardian and the superintendent of schools, if there be one, or the
administrative principal and shall arrange for an examination of the pupil by a doctor selected by the
parent or guardian or by the medical inspector. The pupil shall be examined as soon as possible for the
purpose of diagnosing whether or not the pupil has been using anabolic steroids. A written report of that
examination shall be furnished by the examining physician to the parent or guardian of the pupil and to
the superintendent of schools or administrative principal. If it is determined that the pupil has been using
anabolic steroids, the pupil shall be interviewed by a student assistance coordinator or another
appropriately trained teaching staff member for the purpose of determining the extent of the pupil's
involvement with these substances and possible need for treatment. In order to make this determination
the coordinator or other teaching staff member may conduct a reasonable investigation which may
include interviews with the pupil's teachers and parents. The coordinator or other teaching staff member
may also consult with experts in the field of substance abuse as may be necessary and appropriate. If it is
determined that the pupil's involvement with and use of these substances represents a danger to the
pupil's health and well-being, the coordinator or other teaching staff member shall refer the pupil to an
appropriate treatment program which has been approved by the Commissioner of Health.
18A:40A-15. Inservice training program.
a. The Commissioner of Education, in consultation with the Commissioner of Health, shall develop an
inservice training program for public school teachers to enable the teachers to recognize and respond to
substance abuse by public school pupils. The program shall, at a minimum, include:
(1) Instruction to assist the teacher in the identification of the symptoms and behavioral patterns which
might indicate that a child may be involved in substance abuse;
(2) Appropriate intervention strategies; and,
(3) Information on the State, local and community organizations which are available for the prevention,
early intervention, treatment and rehabilitation of individuals who show symptoms of substance abuse.
The inservice training program required pursuant to this section shall be updated at regular intervals in
order to insure that teaching staff members have the most current information available on this subject.
b. Each local board of education shall insure that all teaching staff members in the district who are
involved in the instruction of pupils are provided with the inservice training program developed pursuant to
this section. The inservice training program of the local board of education shall also include information
concerning the policy of the board regarding the referral for treatment of pupils involved in substance
abuse, as required pursuant to section 5 of this act.
Page 43
18A:40A-16. Guidelines, materials for program.

a. The Commissioner of Education, in consultation with the Commissioner of Health, shall establish
guidelines for substance abuse education programs to be offered by local boards of education to the
parents or legal guardians of public school pupils. The program shall, at a minimum, provide:
(1) A thorough and comprehensive review of the substance abuse education curriculum which will be
taught to the child of the parent or guardian during the school year, with recommendations as to the
ways in which the parent or guardian may enhance, reinforce and supplement that program;
(2) Information on the pharmacology, physiology, psychosocial and legal aspects of substance abuse,
and instruction to assist the parent or guardian in the identification of the symptoms and behavioral
patterns which might indicate that a child may be involved in substance abuse; and
early intervention, treatment and rehabilitation of individuals who show symptoms of substanceabuse.
b. In addition to the guidelines required pursuant this section, the Commissioner of Education, in
consultation with the Commissioner of Health, shall develop and provide to local boards of education
suggested materials for the substance abuse education program for parents or legal guardians of school
pupils, and shall maintain and continuously update a roster of individuals or groups available to assist
boards of education in implementing this program and a list of State and local agencies and organizations
which are approved by the Department of Health to provide services for the prevention, early intervention,
treatment or rehabilitation of individuals who show symptoms of substance abuse.
18A:40A-17. Outreach program.
a. Under the guidelines established by the Commissioner of Education, each local board of education
shall establish an outreach program to provide substance abuse education for the parents or legal
guardians of the pupils of the district. In establishing the program, the local board of education shall
consult with such local organizations and agencies as are recommended by the commissioner. The board
of education shall insure that the program is offered at times and places convenient to the parents of the
district on school premises, or in other suitable facilities.
b. In addition to the substance abuse education program required pursuant to this section, each local
board of education shall establish policies and procedures to provide assistance to parents or legal
guardians who believe that their child may be involved in substance abuse. These policies and
procedures shall be consistent with the policies and procedures for intervention by school personnel
developed pursuant to this act.
c. The board of education in each school district in the State in which a nonpublic school is located shall
have the power and duty to loan to the parents or legal guardians of all pupils attending nonpublic schools
located within the district all educational materials developed by the Commissioner of Education for the
instruction of the parents or legal guardians of public school pupils on the nature and effects of
substances and substance abuse. The Commissioner of Education shall make these materials available
18A:40A-18. Employment of student assistance coordinators in certain school districts.
The Commissioner of Education, in consultation with the Commissioner of Health, shall develop and
administer a program which provides for the employment of student assistance coordinators in certain
school districts.
a. Within 90 days of the effective date of this act, the Commissioner of Education shall forward to each
local school board a request for a proposal for the employment of a student assistance coordinator. A
board which wants to participate in the program shall submit a proposal to the commissioner which
outlines the district's plan to provide substance abuse prevention, intervention, and treatment referral
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services to students through the employment of a student assistance coordinator. Nothing shall
preclude a district which employs a student assistance coordinator at the time of the effective date of
this act from participating in this program. The commissioner shall select school districts to participate in
the program through a competitive grant process. The participating districts shall include urban,
suburban, and rural districts from the north, central, and southern geographic regions of the State with
at least one school district per county. In addition to all other State aid to which the local district is
entitled under the provisions of P.L.2007, c.260 (C.18A:7F-43 et al.) and other pertinent statutes, each
board of education participating in the program shall receive from the State, for a three-year period, the
amount necessary to pay the salary of its student assistance coordinator.
b. The position of student assistance coordinator shall be separate and distinct from any other
employment position in the district, including, but not limited to district guidance counselors, school
social workers, and school psychologists. The State Board of Education shall approve the education
and experience criteria necessary for employment as a student assistance coordinator. The criteria
shall include a requirement for certification by the State Board of Examiners. In addition to the criteria
established by the State board, the Department of Education and the Department of Health shall jointly
conduct orientation and training programs for student assistance coordinators, and shall also provide
for continuing education programs for coordinators.
c. It shall be the responsibility of student assistance coordinators to assist local school districts in the
effective implementation of this act. Coordinators shall assist with the in service training of school
district staff concerning substance abuse issues and the district program to combat substance abuse;
serve as an information resource for substance abuse curriculum development and instruction; assist
the district in revising and implementing substance abuse policies and procedures; develop and
administer intervention services in the district; provide counseling services to pupils regarding
substance abuse problems; and, where necessary and appropriate, cooperate with juvenile justice
officials in the rendering of substance abuse treatment services.
d. The Commissioner of Education, in consultation with the Commissioner of Health, shall implement a
plan to collect data on the effectiveness of the program in treating problems associated with substance
abuse and in reducing the incidence of substance abuse in local school districts. Six months prior to the
expiration of the program authorized pursuant to this section, the Commissioner of Education shall
submit to the Governor and the Legislature an evaluation of the program and a recommendation on the
advisability of its continuation or expansion to all school districts in the State.
18A:40A-19. Pilot programs.
The Commissioner of Education is authorized to make grants to local school districts in such amounts as
he shall determine, to assist the districts in the implementation of innovative pilot programs designed to
educate pupils of elementary and secondary schools and members of the general public on the subject of
substance abuse, and to prevent the abuse of those substances. Application for grants shall be made on
forms furnished by the Commissioner of Education and shall set forth the program proposed and
appropriate administrative procedures for the proper and efficient implementation of the program. These
pilot programs shall, at a minimum, include:
a. An early intervention competitive grant pilot program to be established by the Commissioner of
Education, in consultation with the Commissioner of Health and the Commissioner of Human Services,
to enable local school districts to identify and assist elementary school pupils who are affected by family
substance abuse problems or who are at risk of developing such problems themselves. The purpose of
the program shall be to encourage the creation of effective model programs for the early identification of
children at risk for substance abuse related problems and to provide for effective intervention when
these children are identified.
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Grants shall be awarded to boards of education through a competitive grant process based upon written
applications submitted by local boards of education. The Commissioner of Education shall select not
more than eight of the proposals submitted by boards of education for participation in the pilot program.
The commissioner, in addition to considering the overall quality of each proposal and the likelihood that
the proposal can be replicated in other districts, shall seek to achieve the broadest geographic
distribution of recipients consistent with the purposes of this act.
b. The pilot program established in Ocean County by the Department of Education in conjunction with
the Juvenile Services Unit in the Family Division of the Administrative Office of the Courts, to coordinate
the efforts of school and juvenile justice personnel in the county to combat alcohol and substance
abuse by students.
The commissioner shall evaluate the effectiveness of the model program developed and tested pursuant
to this section and disseminate information about successful model programs to school districts that do
not participate in the pilot program.
18A:40A-20. Annual report.
The Commissioner of Education, in consultation with the Commissioner of Health and the Commissioner
of Human Services, shall develop procedures for the evaluation of the impact of the programs established
pursuant to this act and shall report annually to the Governor and the Legislature on the effects of these
programs. That report shall include data concerning the incidence of substance abuse in the public
schools; the nature and scope of intervention, prevention and treatment referral programs; an
assessment of the impact of those programs on the problem of substance abuse; and, any
recommendations for modifications in the programs established pursuant to this act.
18A:40A-22. Findings, declarations relative to substance abuse testing policies in public school
districts.
The Legislature finds and declares that there are many school districts within the State with a growing
problem of drug abuse among their students. The Legislature further finds that federal and State courts
have held that it may be appropriate for school districts to combat this problem through the random drug
testing of students participating in extracurricular activities, including interscholastic athletics, and
students who possess school parking permits. The Legislature also finds that a random drug testing
program may have a positive effect on attaining the important objectives of deterring drug use and
providing a means for the early detection of students with drug problems so that counseling and
rehabilitative treatment may be offered.
18A:40A-23. Adoption of policy for random testing of certain students.
A board of education may adopt a policy, pursuant to rules and regulations adopted by the State Board of
Education in consultation with the Department of Human Services, which are consistent with the New
Jersey Constitution and the federal Constitution, for the random testing of the district's students in grades
9-12 who participate in extracurricular activities, including interscholastic athletics, or who possess school
parking permits, for the use of controlled dangerous substances as defined in N.J.S.2C:35-2 and anabolic
steroids. The testing shall be conducted by the school physician, school nurse or a physician, laboratory
or health care facility designated by the board of education and the cost shall be paid by the board. Any
disciplinary action taken against a student who tests positive for drug use or who refuses to consent to
testing shall be limited to the student's suspension from or prohibition against participation in
extracurricular activities, or revocation of the student's parking permits.
Page 46
ADMINISTRATIVE CODE
6A:16-3.1. Establishment of comprehensive alcohol, tobacco and other drug abuse programs.
(a) Each district board of education shall establish a comprehensive program of prevention, intervention,
referral for evaluation, referral for treatment and continuity of care for student alcohol, tobacco and other
drug abuse in the public elementary and secondary schools of the district according to the requirements
of N.J.S.A. 18A:40A-10.
1. The purpose of the prevention component of the program shall be to:
i. Keep students from using alcohol, tobacco or other drugs;
ii. Reduce or eliminate the incidence and prevalence of student alcohol, tobacco and other drug
abuse;
iii. Increase the age of onset of students' first use of alcohol, tobacco or other drugs;
iv. Reduce the factors that place students at risk for involvement with alcohol, tobacco or other drugs
through school and community-based planning processes;
v. Contribute to the development of school environments and alternative activities that are alcohol,
tobacco and other drug-free;
vi. Increase the knowledge and skills of students, staff and community members for avoiding the
harmful effects of alcohol, tobacco and other drug use; and
vii. Actively involve staff, parents and other community members in the development and
implementation of prevention program plans.
2. The purpose of the intervention, referral for evaluation and referral for treatment components of the
program shall be to:
i. Identify students who are at risk for, or who have exhibited, alcohol, tobacco or other drug abuse or
related problems;
ii. Help students or their parents who have requested assistance for alcohol, tobacco or other drug
abuse problems;
iii. Make a preliminary assessment of a student's need for educational programs, supportive services
or treatment which extends beyond the general school program by virtue of the use of alcohol,
tobacco or other drugs by the student or the student's parents;
iv. Refer students for evaluation to make a positive determination regarding a student's need for
alcohol, tobacco or other drug treatment; and
v. Help a student or a student's parents follow through on the recommendations of an evaluation
which has positively determined the harmful use of alcohol, tobacco or other drugs by the student or
the student's parents.
3. The purpose of the continuity of care component of the program shall be to:
i. Assist with the provision of educational programs and services for students in treatment; and
ii. Plan and provide supportive services for students who are returning from treatment.
4. Each district board of education shall ensure that all educational staff members receive in-service
training in alcohol, tobacco and other drug abuse prevention and intervention according to the
requirements of N.J.S.A. 18A:40A-3 and 15.
i. The in-service training shall be updated annually in order to ensure educational staff members have
the most current information available on the subject of substance abuse and the school district's
comprehensive alcohol, tobacco and other drug abuse program, policies and procedures.
Page 47
5. Substance awareness coordinators employed by district boards of education shall assist local school
districts in the effective implementation of the requirements of N.J.S.A. 18A:40A-1 through 18 and
N.J.A.C. 6A:9-13.2.
6. Each district board of education shall establish educational programs on alcohol, tobacco and other
drug abuse for parents according to the requirements of N.J.S.A. 18A:40A-16 and 17(a) and offered at
times and places convenient to the parents of enrolled students.
7. Each district board of education shall make and enforce regulations to prohibit the smoking of any
substance and the use of tobacco products anywhere in its buildings or on school grounds, except as
part of a classroom instruction or theatrical production, according to the requirements of N.J.S.A.
26:3D-17.
6A:16-3.2. Confidentiality of student alcohol and other drug information.
(a) Each district board of education shall assure compliance with the following confidentiality
requirements:
1. Confidentiality of alcohol and drug abuse patient records, pursuant to 42 CFR Part 2; and
2. Confidentiality of information provided by an elementary or secondary school student while
participating in a school-based drug and alcohol counseling program which indicates that the student's
parent or other person residing in the student's household is dependent upon or illegally using
substances pursuant to N.J.S.A. 18A:40A-7.1 and 7.2.
(a) School district policies and procedures developed pursuant to this subchapter shall be:
4. Consistent with reporting, notification and examination procedures of students suspected of being
6. The procedures for and responsibilities of staff, with regard to interviews of students suspected of
possessing or distributing a controlled dangerous substance, including anabolic steroids, drug
paraphernalia or a firearm or other deadly weapon;
13. An agreement or memorandum of understanding with appropriate law enforcement authorities.
ii. The agreement or memorandum of understanding shall define the reciprocal rights and obligations
of students, parents, school staff and law enforcement officials with respect to the possession,
distribution and disposition of controlled dangerous substances, including anabolic steroids, drug
paraphernalia, and firearms and other deadly weapons; with respect to the planning and conduct of
law enforcement activities and operations occurring on school grounds, including on a school bus or
at a school-sponsored function, including arrests and undercover school operations; and with respect
to the participation of law enforcement officials in alcohol or other drug abuse prevention programs.

STATUTES
Page 48
k. Harassment, intimidation, or bullying.

18A:37-13. Findings, declarations relative to adoption of harassment and bullying prevention
policies.
The Legislature finds and declares that: a safe and civil environment in school is necessary for students
to learn and achieve high academic standards; harassment, intimidation or bullying, like other disruptive
or violent behaviors, is conduct that disrupts both a student's ability to learn and a school's ability to
educate its students in a safe environment; and since students learn by example, school administrators,
faculty, staff, and volunteers should be commended for demonstrating appropriate behavior, treating
others with civility and respect, and refusing to tolerate harassment, intimidation or bullying.
18A:37-13.1. Findings, declarations relative to school bullying.
The Legislature finds and declares that:
a. A 2009 study by the United States Departments of Justice and Education, "Indicators of School
Crime and Safety," reported that 32% of students aged 12 through 18 were bullied in the previous
school year. The study reported that 25% of the responding public schools indicated that bullying was a
daily or weekly problem;
b. A 2009 study by the United States Centers for Disease Control and Prevention, "Youth Risk Behavior
Surveillance," reported that the percentage of students bullied in New Jersey is 1 percentage point
higher than the national median;
c. In 2010, the chronic persistence of school bullying has led to student suicides across the country,
including in New Jersey;
d. Significant research has emerged since New Jersey enacted its public school anti-bullying statute in
2002, and since the State amended that law in 2007 to include cyber-bullying and in 2008 to require
each school district to post its anti-bullying policy on its website and distribute it annually to parents or
guardians of students enrolled in the district;
e. School districts and their students, parents, teachers, principals, other school staff, and board of
education members would benefit by the establishment of clearer standards on what constitutes
harassment, intimidation, and bullying, and clearer standards on how to prevent, report, investigate,
and respond to incidents of harassment, intimidation, and bullying;
f. It is the intent of the Legislature in enacting this legislation to strengthen the standards and
procedures for preventing, reporting, investigating, and responding to incidents of harassment,
intimidation, and bullying of students that occur in school and off school premises;
g. Fiscal responsibility requires New Jersey to take a smarter, clearer approach to fight school bullying
by ensuring that existing resources are better managed and used to make our schools safer for
students;
h. In keeping with the aforementioned goal of fiscal responsibility and in an effort to minimize any
burden placed on schools and school districts, existing personnel and resources shall be utilized in
every possible instance to accomplish the goals of increased prevention, reporting, and responsiveness
to incidents of harassment, intimidation, or bullying, including in the appointment of school anti-bullying
specialists and district anti-bullying coordinators;
i. By strengthening standards for preventing, reporting, investigating, and responding to incidents of
bullying this act will help to reduce the risk of suicide among students and avert not only the needless
loss of a young life, but also the tragedy that such loss represents to the student's family and the
community at large; and
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j. Harassment, intimidation, and bullying is also a problem which occurs on the campuses of institutions
of higher education in this State, and by requiring the public institutions to include in their student codes
of conduct a specific prohibition against bullying, this act will be a significant step in reducing incidents
of such activity.
18A:37-13.2. Short title.
Sections 1, 2, and 16 through 30 of this act and P.L.2002, c.83 (C.18A:37-13 et seq.) shall be known and
may be cited as the "Anti-Bullying Bill of Rights Act."
18A:37-14. Definitions relative to adoption of harassment and bullying prevention policies.
2. As used in this act:
"Electronic communication" means a communication transmitted by means of an electronic device,
including, but not limited to, a telephone, cellular phone, computer, or pager;
"Harassment, intimidation or bullying" means any gesture, any written, verbal or physical act, or any
electronic communication, whether it be a single incident or a series of incidents, that is reasonably
perceived as being motivated either by any actual or perceived characteristic, such as race, color,
mental, physical or sensory disability, or by any other distinguishing characteristic, that takes place on
school property, at any school-sponsored function, on a school bus, or off school grounds as provided
for in section 16 of P.L.2010, c.122 (C.18A:37-15.3), that substantially disrupts or interferes with the
orderly operation of the school or the rights of other students and that:
a. a reasonable person should know, under the circumstances, will have the effect of physically or
emotionally harming a student or damaging the student's property, or placing a student in reasonable
fear of physical or emotional harm to his person or damage to his property;
b. has the effect of insulting or demeaning any student or group of students; or
c. creates a hostile educational environment for the student by interfering with a student's education
or by severely or pervasively causing physical or emotional harm to the student.
district.
a. Each school district shall adopt a policy prohibiting harassment, intimidation or bullying on school
(1) a statement prohibiting harassment, intimidation or bullying of a student;
(2) a definition of harassment, intimidation or bullying no less inclusive than that set forth in section 2 of
P.L.2002, c.83 (C.18A:37-14);
(3) a description of the type of behavior expected from each student;
Page 50
All acts of harassment, intimidation, or bullying shall be reported verbally to the school principal on the
same day when the school employee or contracted service provider witnessed or received reliable
information regarding any such incident. The principal shall inform the parents or guardians of all
students involved in the alleged incident, and may discuss, as appropriate, the availability of counseling
and other intervention services. All acts of harassment, intimidation, or bullying shall be reported in
writing to the school principal within two school days of when the school employee or contracted service
provider witnessed or received reliable information that a student had been subject to harassment,
intimidation, or bullying;
(a) the investigation shall be initiated by the principal or the principal's designee within one school day
of the report of the incident and shall be conducted by a school anti-bullying specialist. The principal
may appoint additional personnel who are not school anti-bullying specialists to assist in the
investigation. The investigation shall be completed as soon as possible, but not later than 10 school
days from the date of the written report of the incident of harassment, intimidation, or bullying. In the
event that there is information relative to the investigation that is anticipated but not yet received by
the end of the 10-day period, the school anti-bullying specialist may amend the original report of the
results of the investigation to reflect the information;
days of the completion of the investigation, and in accordance with regulations promulgated by the
State Board of Education pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B1 et seq.), the superintendent may decide to provide intervention services, establish training
programs to reduce harassment, intimidation, or bullying and enhance school climate, impose
discipline, order counseling as a result of the findings of the investigation, or take or recommend other
appropriate action;
(c) the results of each investigation shall be reported to the board of education no later than the date
of the board of education meeting next following the completion of the investigation, along with
information on any services provided, training established, discipline imposed, or other action taken
or recommended by the superintendent;
incidents;
(e) at the next board of education meeting following its receipt of the report, the board shall issue a
decision, in writing, to affirm, reject, or modify the superintendent's decision. The board's decision
may be appealed to the Commissioner of Education, in accordance with the procedures set forth in
law and regulation, no later than 90 days after the issuance of the board's decision; and
(f) a parent, student, guardian, or organization may file a complaint with the Division on Civil Rights
within 180 days of the occurrence of any incident of harassment, intimidation, or bullying based on
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membership in a protected group as enumerated in the "Law Against Discrimination," P.L.1945, c.169
(C.10:5-1 et seq.);
(7) the range of ways in which a school will respond once an incident of harassment, intimidation or
bullying is identified, which shall be defined by the principal in conjunction with the school anti-bullying
specialist, but shall include an appropriate combination of services that are available within the district
such as counseling, support services, intervention services, and other programs, as defined by the
commissioner. In the event that the necessary programs and services are not available within the
district, the district may apply to the Department of Education for a grant from the "Bullying Prevention
Fund" established pursuant to section 25 of P.L.2010, c.122 (C.18A:37-28) to support the provision of
out-of-district programs and services;
(8) a statement that prohibits reprisal or retaliation against any person who reports an act of
harassment, intimidation or bullying and the consequence and appropriate remedial action for a person
who engages in reprisal or retaliation;
(9) consequences and appropriate remedial action for a person found to have falsely accused another
as a means of retaliation or as a means of harassment, intimidation or bullying;
(10) a statement of how the policy is to be publicized, including notice that the policy applies to
participation in school-sponsored functions;
(11) a requirement that a link to the policy be prominently posted on the home page of the school
district's website and distributed annually to parents and guardians who have children enrolled in a
school in the school district; and
(12) a requirement that the name, school phone number, school address and school email address of
the district anti-bullying coordinator be listed on the home page of the school district's website and that
on the home page of each school's website the name, school phone number, school address and
school email address of the school anti-bullying specialist and the district anti-bullying coordinator be
listed. The information concerning the district anti-bullying coordinator and the school anti-bullying
specialists shall also be maintained on the department's website.
c. A school district shall adopt a policy and transmit a copy of its policy to the appropriate executive
county superintendent of schools by September 1, 2003. A school district shall annually conduct a reevaluation, reassessment, and review of its policy, making any necessary revisions and additions. The
board shall include input from the school anti-bullying specialists in conducting its re-evaluation,
reassessment, and review. The district shall transmit a copy of the revised policy to the appropriate
executive county superintendent of schools within 30 school days of the revision. The first revised policy
following the effective date of P.L.2010, c.122 (C.18A:37-13.1 et al.) shall be transmitted to the executive
county superintendent of schools by September 1, 2011.
d. (1) To assist school districts in developing policies for the prevention of harassment, intimidation, or
bullying, the Commissioner of Education shall develop a model policy applicable to grades kindergarten
through 12. This model policy shall be issued no later than December 1, 2002.
(2) The commissioner shall adopt amendments to the model policy which reflect the provisions of
P.L.2010, c.122 (C.18A:37-13.1 et al.) no later than 90 days after the effective date of that act and shall
subsequently update the model policy as the commissioner deems necessary.
e. Notice of the school district's policy shall appear in any publication of the school district that sets forth
the comprehensive rules, procedures and standards of conduct for schools within the school district, and
in any student handbook.
f. Nothing in this section shall prohibit a school district from adopting a policy that includes components
that are more stringent than the components set forth in this section.
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18A:37-15.2. Actions required relative to bullying policy.

Within 60 days of the effective date of this section each school district shall amend its bullying policy in
accordance with section 3 of P.L.2002, c.83 (C.18A:37-15) as amended by section 7 of P.L.2007, c.303,
make the policy available on the district's website, and notify students and parents that the policy is
available on the district's website.
18A:37-15.3. Policy to include certain incidents occurring off school grounds.
The policy adopted by each school district pursuant to section 3 of P.L.2002, c.83 (C.18A:37-15) shall
include provisions for appropriate responses to harassment, intimidation, or bullying, as defined in section
2 of P.L.2002, c.83 (C.18A:37-14), that occurs off school grounds, in cases in which a school employee is
made aware of such actions. The responses to harassment, intimidation, or bullying that occurs off school
grounds shall be consistent with the board of education's code of student conduct and other provisions of
the board's policy on harassment, intimidation, or bullying.
18A:37-16. Reprisal, retaliation, false accusation prohibited.
a. A member of a board of education, school employee, student or volunteer shall not engage in reprisal,
retaliation or false accusation against a victim, witness or one with reliable information about an act of
b. A member of a board of education, school employee, contracted service provider, student or volunteer
who has witnessed, or has reliable information that a student has been subject to, harassment,
intimidation or bullying shall report the incident to the appropriate school official designated by the school
district's policy, or to any school administrator or safe schools resource officer, who shall immediately
initiate the school district's procedures concerning school bullying.
c. A member of a board of education or a school employee who promptly reports an incident of
harassment, intimidation or bullying, to the appropriate school official designated by the school district's
policy, or to any school administrator or safe schools resource officer, and who makes this report in
compliance with the procedures in the district's policy, is immune from a cause of action for damages
arising from any failure to remedy the reported incident.
d. A school administrator who receives a report of harassment, intimidation, or bullying from a district
employee, and fails to initiate or conduct an investigation, or who should have known of an incident of
harassment, intimidation, or bullying and fails to take sufficient action to minimize or eliminate the
harassment, intimidation, or bullying, may be subject to disciplinary action.
18A:37-17. Establishment of bullying prevention programs or approaches.
a. Schools and school districts shall annually establish, implement, document, and assess bullying
prevention programs or approaches, and other initiatives involving school staff, students, administrators,
volunteers, parents, law enforcement and community members. The programs or approaches shall be
designed to create school-wide conditions to prevent and address harassment, intimidation, and bullying.
A school district may implement bullying prevention programs and approaches that may be available at
no cost from the Department of Education, the New Jersey State Bar Foundation, or any other entity. A
school district may, at its own discretion, implement bullying prevention programs and approaches which
impose a cost on the district.
A school district may apply to the Department of Education for a grant to be used for programs,
approaches, or personnel established pursuant to this act, to the extent funds are appropriated for these
purposes or funds are made available through the "Bullying Prevention Fund" established pursuant to
section 25 of P.L.2010, c.122 (C.18A:37-28). A school district may make an application for a grant only
after exploring bullying prevention programs and approaches that are available at no cost, and making an
affirmative demonstration of that exploration in its grant application.
Page 53
18A:37-20. Appointment of school anti-bullying specialists, coordinator.

a. The principal in each school in a school district shall appoint a school anti-bullying specialist. When a
school guidance counselor, school psychologist, or another individual similarly trained is currently
employed in the school, the principal shall appoint that individual to be the school anti-bullying specialist.
If no individual meeting this criteria is currently employed in the school, the principal shall appoint a
school anti-bullying specialist from currently employed school personnel. The school anti-bullying
specialist shall:
(1) chair the school safety team as provided in section 18 of P.L.2010, c.122 (C.18A:37-21);
(2) lead the investigation of incidents of harassment, intimidation, and bullying in the school; and
(3) act as the primary school official responsible for preventing, identifying, and addressing incidents of
harassment, intimidation, and bullying in the school.
b. The superintendent of schools shall appoint a district anti-bullying coordinator. The superintendent
shall make every effort to appoint an employee of the school district to this position. The district antibullying coordinator shall:
(1) be responsible for coordinating and strengthening the school district's policies to prevent, identify,
and address harassment, intimidation, and bullying of students;
(2) collaborate with school anti-bullying specialists in the district, the board of education, and the
superintendent of schools to prevent, identify, and respond to harassment, intimidation, and bullying of
students in the district;
(3) provide data, in collaboration with the superintendent of schools, to the Department of Education
regarding harassment, intimidation, and bullying of students; and
(4) execute such other duties related to school harassment, intimidation, and bullying as requested by
the superintendent of schools.
c. The district anti-bullying coordinator shall meet at least twice a school year with the school anti-bullying
specialists in the district to discuss and strengthen procedures and policies to prevent, identify, and
address harassment, intimidation, and bullying in the district.
18A:37-21. School safety teams.
a. A school district shall form a school safety team in each school in the district to develop, foster, and
maintain a positive school climate by focusing on the on-going, systemic process and practices in the
school and to address school climate issues such as harassment, intimidation, or bullying. A school
safety team shall meet at least two times per school year.
b. A school safety team shall consist of the principal or his designee who, if possible, shall be a senior
administrator in the school and the following appointees of the principal: a teacher in the school; a school
anti-bullying specialist; a parent of a student in the school; and other members to be determined by the
principal. The school anti-bullying specialist shall serve as the chair of the school safety team.
c. The school safety team shall:
(1) receive any complaints of harassment, intimidation, or bullying of students that have been reported
to the principal;
(2) receive copies of any report prepared after an investigation of an incident of harassment,
intimidation, or bullying;
(3) identify and address patterns of harassment, intimidation, or bullying of students in the school;
(4) review and strengthen school climate and the policies of the school in order to prevent and address
harassment, intimidation, or bullying of students;
Page 54
(5) educate the community, including students, teachers, administrative staff, and parents, to prevent
and address harassment, intimidation, or bullying of students;
(6) participate in the training required pursuant to the provisions of P.L.2002, c.83 (C.18A:37-13 et seq.)
and other training which the principal or the district anti-bullying coordinator may request;
(7) collaborate with the district anti-bullying coordinator in the collection of district-wide data and in the
development of district policies to prevent and address harassment, intimidation, or bullying of students;
and
(8) execute such other duties related to harassment, intimidation, and bullying as requested by the
principal or district anti-bullying coordinator.
d. The members of a school safety team shall be provided professional development opportunities that
address effective practices of successful school climate programs or approaches.
e. Notwithstanding any provision of this section to the contrary, a parent who is a member of the school
safety team shall not participate in the activities of the team set forth in paragraph (1), (2), or (3) of
subsection c. of this section or any other activities of the team which may compromise the confidentiality
of a student.
18A:37-22. Program required for teaching certification.
a. Beginning with the 2012-2013 school year, all candidates for teaching certification who have completed
a teacher preparation program at a regionally-accredited institution of higher education shall have
satisfactorily completed a program on harassment, intimidation, and bullying prevention.
b. Beginning with the 2011-2012 school year, any person seeking certification through the alternate route
shall, within one year of being employed, satisfactorily complete a program on harassment, intimidation,
and bullying prevention.
c. The State Board of Education shall establish the appropriate requirements of the program on
harassment, intimidation, and bullying prevention.
d. The State board shall, as part of the professional development requirement established by the State
board for public school teachers, require each public school teacher to complete at least two hours of
instruction on harassment, intimidation, or bullying prevention in each professional development period.
18A:37-23. Program required for administrative and supervisory certification.
Beginning with the 2012-2013 school year, all candidates for administrative and supervisory certification
shall have satisfactorily completed a program on harassment, intimidation, and bullying prevention.
18A:37-24. Development of guidance document.
a. The Department of Education, in consultation with the Division on Civil Rights in the Department of Law
and Public Safety shall develop a guidance document for use by parents or guardians, students, and
school districts to assist in resolving complaints concerning student harassment, intimidation, or bullying
behaviors and the implementation of P.L.2002, c.83 (C.18A:37-13 et seq.) by school districts. The
document shall include:
(1) a school district's obligations under P.L.2002, c.83 (C.18A:37-13 et seq.);
(2) best practices for the prevention, intervention, and remediation of harassment, intimidation, or
bullying in schools, including methods to identify and assist student populations at high risk for
harassment, intimidation, or bullying;
(3) a clear explanation of the procedures for petitioning the Commissioner of Education to hear and
decide disputes concerning P.L.2002, c.83 (C.18A:37-13 et seq.);
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(4) a clear explanation of the Division on Civil Rights' jurisdiction and services in regard to specific types
of harassment, intimidation, or bullying; and
(5) a clear explanation of the process for appealing final agency determinations to the Appellate
Division of the Superior Court.
b. The guidance document shall be available on the Department of Education's and the Division on Civil
Rights' Internet sites and on every school district's Internet site at an easily accessible location.
18A:37-26. Inservice workshops, training programs.
a. The Commissioner of Education, in consultation with recognized experts in school bullying from a cross
section of academia, child advocacy organizations, nonprofit organizations, professional associations,
and government agencies, shall establish inservice workshops and training programs to train selected
public school employees to act as district anti-bullying coordinators and school anti-bullying specialists in
accordance with the provisions of P.L.2010, c.122 (C.18A:37-13.1 et al.). The commissioner shall seek to
make the workshops and training programs available and administered online through the department's
website or other existing online resources. The commissioner shall evaluate the effectiveness of the
consulting group on an annual basis. The inservice training programs may utilize the offices of the
executive county superintendent of schools, or such other institutions, agencies, or persons as the
commissioner deems appropriate. Each board of education shall provide time for the inservice training
during the usual school schedule in order to ensure that appropriate personnel are prepared to act in the
district as district anti-bullying coordinators and school anti-bullyingspecialists.
b. Upon completion of the initial inservice training program, the commissioner shall ensure that programs
and workshops that reflect the most current information on harassment, intimidation, and bullying in
schools are prepared and made available to district anti-bullying coordinators and school anti-bullying
specialists at regular intervals.
18A:37-27. Development of online tutorial, test.
The Commissioner of Education shall develop, in consultation with the Division on Civil Rights, and make
available on the Department of Education's Internet site, an online tutorial on harassment, intimidation,
and bullying. The online tutorial shall, at a minimum, include best practices in the prevention of
harassment, intimidation, and bullying, applicable laws, and such other information that the commissioner
determines to be appropriate. The online tutorial shall be accompanied by a test to assess a person's
understanding of the information provided in the tutorial.
18A:37-28. "Bullying Prevention Fund."
There is created a special fund in the Department of Education, which shall be designated the "Bullying
Prevention Fund." The fund shall be maintained in a separate account and administered by the
commissioner to carry out the provisions of this act. The fund shall consist of: (1) any monies
appropriated by the State for the purposes of the fund; (2) any monies donated for the purposes of the
fund; and (3) all interest and investment earnings received on monies in the fund. The fund shall be used
to offer grants to school districts to provide training on harassment, intimidation, and bullying prevention
and on the effective creation of positive school climates, and to help fund related personnel expenses.
18A:37-29. "Week of Respect"; designated.
The week beginning with the first Monday in October of each year is designated as a "Week of Respect"
in the State of New Jersey. School districts, in order to recognize the importance of character education,
shall observe the week by providing age-appropriate instruction focusing on preventing harassment,
intimidation, or bullying as defined in section 2 of P.L.2002, c.83 (C.18A:37-14). Throughout the school
Page 56
year the school district shall provide ongoing age-appropriate instruction on preventing harassment,
intimidation, and bullying in accordance with the core curriculum content standards.
ADMINISTRATIVE CODE
(a) Each district board of education shall develop, adopt and implement a policy prohibiting harassment,
intimidation or bullying on school grounds, including on a school bus or at a school-sponsored function,
pursuant to N.J.S.A. 18A:37-15.
1. Each district board of education shall develop the policy in consultation with parents and other
community members, including appropriate community-based social and health provider agencies, law
enforcement officials, school employees,
2. A district board of education shall have local control over the content of the policy, except that the
policy shall contain, at a minimum, the following components:
i. A statement prohibiting harassment, intimidation or bullying of a student;
ii. A definition of harassment, intimidation or bullying no less inclusive than that set forth in the
definition at N.J.S.A. 18A:37-14 and N.J.A.C. 6A:16-1.3;
iii. A description of the type of behavior expected from each student;
iv. Appropriate remedial action for a student who commits an act of harassment, intimidation or
bullying that takes into account the nature of the behavior, the developmental age of the student and
the students history of problem behaviors and performance and that may include the following:
(1) A behavioral assessment or evaluation including, but not limited to, a referral to the child study
team, as appropriate; and
(2) Supportive interventions and referral services, including those at N.J.A.C. 6A: 16-8;
v. Consequences for a student who commits an act of harassment, intimidation or bullying that is:
(1) Varied and graded according to the nature of the behavior, the developmental age of the
student and the students history of problem behaviors and performance; and
(2) Consistent with the provisions of N.J.A.C. 6A:16-7, as appropriate;
vi. Appropriate consequences and remedial action for any staff member who commits an act of
harassment, intimidation or bullying;
vii. A procedure for reporting an act of harassment, intimidation or bullying, including a provision that
permits a person to report anonymously an act of harassment, intimidation or bullying;
(1) The district board of education shall not take formal disciplinary action based solely on the
anonymous report;
viii. A procedure for prompt investigation of reports of violations and complaints, identifying either the
principal or the principals designee as the person responsible for the investigation;
(1) Reports and complaints include, but are not limited to, oral reports, written reports or electronic
reports;
ix. The range of ways in which a school will respond once an incident of harassment, intimidation or
bullying is identified.
(1) The responses, at a minimum, shall include support for victims of harassment, intimidation or
bullying and corrective actions for documented systemic problems related to harassment,
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x. A statement that prohibits reprisal or retaliation against any person who reports an act of
(1) The statement shall include the consequence(s) and appropriate remedial action(s) for a person
who engages in reprisal or retaliation;
xi. Consequences and appropriate remedial action for a person found to have falsely accused another
as a means of retaliation or as a means of harassment, intimidation or bullying; and
xii. A statement of how the policy is to be publicized, including notice that the policy applies to
participation in school-sponsored functions and on school buses.
(1) Notice of the district board of educations policy shall appear in any publication of the school
district that sets forth the comprehensive rules, procedures and standards of student conduct,
pursuant to N.J.A.C. 6A:16-7.1, for schools within the school district.
(b) A school employee, student or volunteer shall not engage in reprisal, retaliation or false accusation
against a victim, witness or one with reliable information about an act of harassment, intimidation or
bullying.
(c) A school employee, student or volunteer who has witnessed, or has reliable information that a student
has been subject to harassment, intimidation or bullying shall report the incident to the appropriate school
official designated by the district board of educations policy, pursuant to N.J.S.A. 18A:37-15 and (a)
above.
1. A school employee who promptly reports an incident of harassment, intimidation or bullying to the
appropriate school official designated by the district board of educations policy, and who makes this
report in compliance with the procedures set forth in the district board of educations policy, is immune
from a cause of action for damages arising from any failure to remedy the reported incident, as set forth
in N.J.S.A. 18A:37-16(4)c.
1. Annually review the training needs of school district staff for the effective implementation of the
harassment, intimidation and bullying policies, procedures, programs and initiatives of the district board
of education and implement locally determined staff training programs consistent with the annual review
of training needs and the findings of the annual review and update of the code of student conduct,
pursuant to N.J.A.C. 6A:16-7.1(a)3, as determined appropriate by the district board of education.
i. Information regarding the district board of educations policy against harassment, intimidation, or
bullying shall be incorporated into the school districts employee training program;
2. Develop a process for annually discussing the school districts harassment, intimidation or bullying
policy with students; and
3. Annually review the extent and characteristics of harassment, intimidation and bullying behavior in
the school buildings of the school district and implement locally determined programmatic or other
responses, if determined appropriate by the district board of education.
i. The programs or other services shall be planned in consultation with parents, students and other
community members, including appropriate community-based social and health provider agencies,
law enforcement officials, school employees, school volunteers, students and school administrators,
as appropriate.
(e) These requirements are promulgated pursuant to N.J.S.A. 18A:37-13 through 18 and shall not be
interpreted to prevent a victim from seeking redress under any other available law either civil or criminal.
Page 58

STATUTES
N.J.S.2C:12-1.
ADMINISTRATIVE CODE
6A:16-9.1. Establishment of alternative education programs.
(a) Each district board of education choosing to operate an alternative education program, pursuant to
N.J.A.C. 6A:16-1.3, shall approve the alternative education program.
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(b) Any alternative education program, pursuant to N.J.A.C. 6A:16-1.3, within a State agency, public
college operated program or department-approved school shall be approved by the Commissioner of
Education.
1. The agency, pursuant to (b) above, shall submit an initial or renewal application, as appropriate, to
the designated county office of education, in accordance with the format prescribed by the
2. Each alternative education program established by an agency, pursuant to (b) above, shall be
separate and distinct from the already existing programs operated by these agencies.
3. Annually, each agency, pursuant to (b) above, operating an alternative education program, pursuant
to N.J.A.C. 6A:16-1.3, shall obtain certificates of fire inspection and, if applicable, health, sewerage
plant and health, ventilation, and air conditioning (HVAC) inspections.
i. These certificates shall be maintained and available upon request for review by the Department of
Education.
6A:16-9.2. Program criteria.
(a) Each alternative education program, pursuant to N.J.A.C. 6A:16-1.3, shall fulfill the following program
criteria for both high school and middle school programs, unless otherwise noted:
1. A maximum studentteacher ratio of 12:1 for high school programs shall be maintained;
2. A maximum studentteacher ratio of 10:1 for middle school programs shall be maintained;
3. An Individualized Program Plan (IPP) shall be developed for each general education student enrolled
in the program.
i. The IPP shall be developed by the school district in which the student is enrolled, in consultation
with the students parent and the receiving school district, pursuant to N.J.A.C. 6A:16-9.1(a), or other
agency, pursuant to N.J.A.C. 6A:16-9.1(b), as appropriate.
ii. The IPP shall be developed by a multidisciplinary team of professionals with knowledge of the
students educational, behavioral, emotional, social and health needs.
iii. The IPP shall identify the appropriate instructional and support services for addressing the
students identified needs.
iv. The IPP shall be developed in accordance with the format prescribed by the Commissioner of
Education and implemented within 30 calendar days of the students placement in the alternative
education program.
(1) The IPP may, but need not, be developed prior to the students placement.
v. A multidisciplinary team shall review and, as appropriate, revise the IPP prior to the completion of
the students anticipated enrollment in the alternative education program or prior to the end of the
school year, whichever occurs first.
(1) The multidisciplinary team shall review and revise the IPP, as needed, at any time during the
students enrollment in the alternative education program.
(2) The multidisciplinary team that reviews the IPP shall include staff from the sending school and
the alternative education program who have knowledge of the students educational, behavioral,
emotional, social and health needs.
(3) The students parent shall be advised of revisions to the IPP.
4. For a student with a disability, the alternative education program shall be consistent with the
students Individualized Education Program (IEP), pursuant to N.J.A.C. 6A:14, Special Education.
5. Individualized instruction to students shall address the Core Curriculum Content Standards, pursuant
to N.J.A.C. 6A:8-3.1;
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6. Instructional staff shall be appropriately certified, pursuant to N.J.A.C. 6A:9-3.3;

7. Compliance with attendance policies, pursuant to N.J.A.C. 6A:16-7.8 and 6A:32-8.3, shall be
required;
8. Academic instruction sufficient to fulfill graduation requirements, pursuant to N.J.A.C. 6A:8-5.1, shall
be provided to high school students;
9. Comprehensive support services and programs shall address each students health, social and
emotional development and behavior;
10. Case management services including, but not limited to, monitoring and evaluating student progress
and coordinating instructional and support services, pursuant to (a)5, 8, and 9 above, shall be provided;
11. Services to facilitate the transition of students returning to the general or special education program
shall be provided; and
12. A minimum student enrollment period of not less than two complete marking periods shall be
required.
i. If the student is enrolled with less than two complete marking periods remaining prior to the end of
the school year, the decision regarding continued placement in the alternative education program
shall be made in accordance with N.J.A.C. 6A:16-9.3(a).
ii. If the student is removed from the general education program and placed in an alternative
education program as a result of a firearm or assault with a weapon offense, the chief school
administrator may modify the term of removal or placement on a case-by-case basis, pursuant to
N.J.A.C. 6A:16-5.5(b)1 and 5.6(b)1.
iii. For the student with a disability, the enrollment period shall be determined by appropriate school
personnel in accordance with the provisions of N.J.A.C. 6A:14, Special Education, and the Individuals
with Disabilities Education Act of 2004, 20 U.S.C. 1400 et seq.
6A:16-9.3. Student placements.
(a) Student placement in an alternative education program, pursuant to N.J.A.C. 6A:16-1.3 and 9.1(a) and
(b), shall be made as follows:
1. For the general education student, the district board of education shall make a determination of the
students risk for school failure and a decision regarding the students placement in an alternative
education program, at a minimum, based on the following:
i. The review of the students academic, health and behavioral records , including the students IPP, if
one has been developed in accordance with N.J.A.C. 6A:16-9.2(a)3i through v, and the results of
available testing, assessment or evaluation of the student;
ii. Consultation with and notice to the students parent; and
iii. Information provided by the school-based multidisciplinary team responsible to provide intervention
and referral services, pursuant to N.J.A.C. 6A:16-8, or other multidisciplinary team, as appropriate.
2. Decisions regarding the placement of the student with a disability in an alternative education
program, pursuant to N.J.A.C. 6A:16-9.1(a) and (b), shall be based on the recommendation of
appropriate personnel in accordance with N.J.A.C. 6A:14.
3. The district board of education shall provide mandatory placement for a student in an alternative
education program for removal due to a firearms offense, pursuant to N.J.A.C. 6A:16-5.5 or an assault
with weapons offense, pursuant to N.J.A.C. 6A:16-5.6.
i. If placement in an alternative education program, pursuant to N.J.A.C. 6A:16-9.1(a) or (b), is not
available in the instance of a mandatory student placement, the student shall be provided home or
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out-of-school instruction, pursuant to N.J.A.C. 6A:16-10, until placement in an alternative education

program is available.
ii. For the student with a disability, placement in an alternative education program for a firearm offense
or an assault with a weapon offense shall occur only upon a determination by appropriate school
personnel to place the student in accordance with the provisions of N.J.A.C. 6A:14, Special Education
Programs and the Individuals with Disabilities Act of 2004, 20 U.S.C. 1400 et seq.
(b) If a district board of education places a student in an alternative education program approved by
another district board of education, pursuant to N.J.A.C. 6A:16-9.1(a)1, or another approved agency,
pursuant to N.J.A.C. 6A:16-9.1(b), the district board of education of the sending school district shall be
responsible for ensuring compliance with the requirements of this subchapter.
(c) Decisions regarding continued placement in an alternative education program or a change to a
students placement shall be made as follows:
1. For the general education student returning to the general education program, the continued
placement decision shall be made in accordance with N.J.A.C. 6A:16-9.2(a)11, as appropriate, and (a)1
above.
2. For a student with disabilities, the continued placement decision shall be made in accordance with
N.J.A.C. 6A:16-9.2(a)11, as appropriate, (a)2 above, and N.J.A.C. 6A:14, Special Education.
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Prevention
STATUTES
district.
b. A school district shall: (1) provide training on the school district's harassment, intimidation, or bullying
policies to school employees and volunteers who have significant contact with students; (2) ensure that
the training includes instruction on preventing bullying on the basis of the protected categories
enumerated in section 2 of P.L.2002, c.83 (C.18A:37-14) and other distinguishing characteristics that may
incite incidents of discrimination, harassment, intimidation, or bullying; and (3) develop a process for
discussing the district's harassment, intimidation or bullying policy with students.
A school district may satisfy the training required pursuant to this subsection by utilizing training that may
be provided at no cost by the Department of Education, the New Jersey State Bar Foundation, or any
other entity. A school district may, at its own discretion, implement a training program which imposes a
cost on the district.
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c. Information regarding the school district policy against harassment, intimidation or bullying shall be
incorporated into a school's employee training program and shall be provided to full-time and part-time
staff, volunteers who have significant contact with students, and those persons contracted by the district
to provide services to students.
18A:40A-1. Instructional programs on drugs, alcohol, anabolic steroids, tobacco and controlled
dangerous substances; curriculum guidelines.
Instructional programs on the nature of drugs, alcohol, anabolic steroids, tobacco and controlled
dangerous substances, as defined in section 2 of P.L.1970, c.226 (C.24:21-2), and their physiological,
psychological, sociological and legal effects on the individual, the family and society shall be taught in
each public school and in each grade from kindergarten through 12 in a manner adapted to the age and
understanding of the pupils. The programs shall be based upon the curriculum guidelines established by
the Commissioner of Education pursuant to section 2 of this act, and shall be included in the curriculum
for each grade in such a manner as to provide a thorough and comprehensive treatment of the subject.
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school districts.
Page 65
school districts.
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ADMINISTRATIVE CODE
(a) Each district board of education shall establish a comprehensive program of prevention, intervention,
referral for evaluation, referral for treatment and continuity of care for student alcohol, tobacco and other
drug abuse in the public elementary and secondary schools of the district according to the requirements
of N.J.S.A. 18A:40A-10.
1. The purpose of the prevention component of the program shall be to:
i. Keep students from using alcohol, tobacco or other drugs;
ii. Reduce or eliminate the incidence and prevalence of student alcohol, tobacco and other drug
abuse;
iii. Increase the age of onset of students' first use of alcohol, tobacco or other drugs;
iv. Reduce the factors that place students at risk for involvement with alcohol, tobacco or other drugs
through school and community-based planning processes;
v. Contribute to the development of school environments and alternative activities that are alcohol,
tobacco and other drug-free;
vi. Increase the knowledge and skills of students, staff and community members for avoiding the
harmful effects of alcohol, tobacco and other drug use; and
vii. Actively involve staff, parents and other community members in the development and
implementation of prevention program plans.
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2. The purpose of the intervention, referral for evaluation and referral for treatment components of the
program shall be to:
i. Identify students who are at risk for, or who have exhibited, alcohol, tobacco or other drug abuse or
related problems;
ii. Help students or their parents who have requested assistance for alcohol, tobacco or other drug
abuse problems;
iii. Make a preliminary assessment of a student's need for educational programs, supportive services
or treatment which extends beyond the general school program by virtue of the use of alcohol,
tobacco or other drugs by the student or the student's parents;
iv. Refer students for evaluation to make a positive determination regarding a student's need for
alcohol, tobacco or other drug treatment; and
v. Help a student or a student's parents follow through on the recommendations of an evaluation
which has positively determined the harmful use of alcohol, tobacco or other drugs by the student or
the student's parents.
3. The purpose of the continuity of care component of the program shall be to:
i. Assist with the provision of educational programs and services for students in treatment; and
ii. Plan and provide supportive services for students who are returning from treatment.
4. Each district board of education shall ensure that all educational staff members receive in-service
N.J.A.C. 6A:9-13.2.
6. Each district board of education shall establish educational programs on alcohol, tobacco and other
drug abuse for parents according to the requirements of N.J.S.A. 18A:40A-16 and 17(a) and offered at
times and places convenient to the parents of enrolled students.
7. Each district board of education shall make and enforce regulations to prohibit the smoking of any
substance and the use of tobacco products anywhere in its buildings or on school grounds, except as
part of a classroom instruction or theatrical production, according to the requirements of N.J.S.A.
26:3D-17.

STATUTES
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district.
ADMINISTRATIVE CODE
7.8 and 7.9.
minimum:
conduct;
Page 69
appropriate.
1. A description of student responsibilities that includes expectations for academic achievement,
behavior and attendance, pursuant to N.J.A.C. 6A:32-8 and 13.1;
2. A description of the behaviors that will result in suspension or expulsion, pursuant to N.J.S.A.
18A:37-2;
3. A description of students rights to:
i. Advance notice of behaviors that will result in suspensions and expulsions that have been identified
under authority of N.J.S.A. 18A:37-2;
ii. Education that supports students development into productive citizens;
iii. Attendance in safe and secure school environments;
iv. Attendance at school irrespective of students marriage, pregnancy or parenthood;
v. Due process appeal procedures and policies, pursuant to N.J.A.C. 6A:3-1.3 through 1.17, N.J.A.C.
6A:4 and, where applicable, N.J.A.C. 6A:14-2.7 and 2.8, and 7.2 through 7.6;
vi. Parent notification consistent with the policies and procedures established pursuant to N.J.A.C.
6A:16-6.2(b)3, 7.2, 7.3 and 7.8; and
vii. Protections pursuant to 20 U.S.C. 1232g and 34 CFR Part 99, Family Educational Rights and
Privacy Act; 20 U.S.C. 1232h and 34 CFR Part 98, Protection of Pupil Rights Amendment; N.J.A.C.
6A:32-7, Student Records; 45 CFR 160, Health Insurance Portability and Accountability Act; 20
U.S.C. 6301, Title IV(A)IV 4155 of the Elementary and Secondary Education Act as reauthorized
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under the No Child Left Behind Act; 42 CFR Part 2, Confidentiality of Alcohol and Drug Abuse Patient
Records; N.J.S.A. 18A:40A-7.1, School-based drug and alcohol abuse counseling; information from
participants; disclosure; N.J.A.C. 6A:16-3.2, Confidentiality of student alcohol and other drug
information; N.J.S.A. 18A:36-19, Creation; Pupil Records: Maintenance and Retention, Security and
Access; Regulations; Non-Liability; N.J.A.C. 6A:14-2.9, N.J.A.C. 6A:32 Student Records; as well as
other existing Federal and State laws pertaining to student protections;
4. A description of comprehensive behavioral supports that promote positive student development and
the students abilities to fulfill the behavioral expectations established by the district board of education,
including:
i. Positive reinforcement for good conduct and academic success;
ii. Supportive interventions and referral services, including those at N.J.A.C. 6A:16-8;
iii. Remediation of problem behaviors that take into account the nature of the behaviors, the
developmental ages of the students and the students histories of problem behaviors and
performance; and
iv. For students with disabilities, the behavior interventions and supports shall be determined and
provided pursuant to the requirements of N.J.A.C. 6A:14;
6A:16-8.1. Establishment of intervention and referral services.
(a) District boards of education shall establish and implement a coordinated system in each school
building in which general education students are served, for the planning and delivery of intervention and
referral services that are designed to assist students who are experiencing learning, behavior or health
difficulties and to assist staff who have difficulties in addressing students learning, behavior or health
needs. District boards of education shall choose the appropriate multidisciplinary team approach for
planning and delivering the services required under this subchapter.
1. The intervention and referral services shall be provided to aid students in the general education
program; and
2. The intervention and referral services, pursuant to N.J.S.A. 18A:46-18.1 et seq. and this subchapter,
may be provided for students who have been determined to be in need of special education programs
and services.
i. The intervention and referral services provided for students who have been determined to be in
need of special education programs and services shall be coordinated with the students
Individualized Education Program team, as appropriate.
6A:16-8.2. Functions of intervention and referral services.
(a) The functions of the system of intervention and referral services in each school building shall be to:
1. Identify learning, behavior and health difficulties of students;
2. Collect thorough information on the identified learning, behavior and health difficulties;
3. Develop and implement action plans which provide for appropriate school or community interventions
or referrals to school and community resources, based on the collected data and desired outcomes for
the identified learning, behavior and health difficulties;
4. Provide support, guidance and professional development to school staff who identify learning,
behavior and health difficulties;
5. Provide support, guidance and professional development to school staff who participate in each
buildings system for planning and providing intervention and referral services;
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6. Actively involve parents or guardians in the development and implementation of intervention and
referral services action plans;
7. Coordinate the access to and delivery of school resources and services for achieving the outcomes
identified in the intervention and referral services action plans;
8. Coordinate the services of community-based social and health provider agencies and other
community resources for achieving the outcomes identified in the intervention and referral services
action plans;
9. Maintain records of all requests for assistance and all intervention and referral services action plans
and all related student information, according to the requirements of 20 U.S.C. 1232g and 34 CFR
Part 99, Family Educational Rights and Privacy Act; 20 U.S.C. 1232h and 34 CFR Part 98, Protection
of Pupil Rights Amendment; N.J.A.C. 6A:32-7, Student Records; 45 CFR 160, Health Insurance
Portability and Accountability Act; 20 U.S.C. 6301, Title IV(A)IV 4155 of the Elementary and
Secondary Education Act as reauthorized under the No Child Left Behind Act; 42 CFR Part 2,
Confidentiality of Alcohol and Drug Abuse Patient Records; N.J.S.A. 18A:40A-7.1, School-based drug
and alcohol abuse counseling; information from participants; disclosure; N.J.A.C. 6A:16-3.2,
Confidentiality of student alcohol and other drug information; N.J.S.A. 18A:36-19, Creation; Pupil
Records: Maintenance and Retention, Security and Access; Regulations; Non-Liability; N.J.A.C. 6A:142.9, Student records; as well as other existing Federal and State laws pertaining to student records and
confidentiality.
10. Review and assess the effectiveness of the provisions of each intervention and referral services
action plan in achieving the outcomes identified in each action plan and modify each action plan to
achieve the outcomes, as appropriate; and
11. At a minimum, annually review the intervention and referral services action plans and the actions
taken as a result of the buildings system of intervention and referral services and make
recommendations to the principal for improving school programs and services, as appropriate.
6A:16-8.3. School staff and community member roles for planning and implementing intervention
and referral services.
(a) The district board of education shall establish written guidelines for the involvement of school staff and
community members in each buildings system of intervention and referral services, which shall, at a
minimum:
1. Identify the roles and responsibilities of the building staff who participate in each buildings
coordinated system for planning and providing intervention and referral services, including the roles and
responsibilities of staff members who identify learning, behavior or health difficulties;
2. Identify the roles and responsibilities of other school district staff for aiding in the development and
implementation of intervention and referral services action plans; and
3. Identify the roles, responsibilities and parameters for the participation of community members for
aiding in the development and implementation of intervention and referral services action plans.
STATUTES
18A:6-112. Instruction in suicide prevention for public school teaching staff.
The State Board of Education, in consultation with the New Jersey Youth Suicide Prevention Advisory
Council established in the Department of Children and Families pursuant to P.L.2003, c.214 (C.30:9A-22
et seq.), shall, as part of the professional development requirement established by the State board for
Page 72
public school teaching staff members, require each public school teaching staff member to complete at
least two hours of instruction in suicide prevention, to be provided by a licensed health care professional
with training and experience in mental health issues, in each professional development period. The
instruction in suicide prevention shall include information on the relationship between the risk of suicide
and incidents of harassment, intimidation, and bullying and information on reducing the risk of suicide in
students who are members of communities identified as having members at high risk of suicide.
18A:12-33. Training program; requirements.
a. Each newly elected or appointed board member shall complete during the first year of the member's
first term a training program to be prepared and offered by the New Jersey School Boards Association, in
consultation with the New Jersey Association of School Administrators, the New Jersey Principals and
Supervisors Association, and the Department of Education, regarding the skills and knowledge necessary
to serve as a local school board member. The training program shall include information regarding the
school district monitoring system established pursuant to P.L.2005, c.235, the New Jersey Quality Single
Accountability Continuum, and the five key components of school district effectiveness on which school
districts are evaluated under the monitoring system: instruction and program; personnel; fiscal
management; operations; and governance.
The board member shall complete a training program on school district governance in each of the
subsequent two years of the board member's first term.
b. Within one year after each re-election or re-appointment to the board of education, the board member
shall complete an advanced training program to be prepared and offered by the New Jersey School
Boards Association. This advanced training program shall include information on relevant changes to
New Jersey school law and other information deemed appropriate to enable the board member to serve
more effectively.
c. The New Jersey School Boards Association shall examine options for providing training programs to
school board members through alternative methods such as on-line or other distance learning media or
through regional-based training.
d. Within one year after being newly elected or appointed or being re-elected or re-appointed to the board
of education, a board member shall complete a training program on harassment, intimidation, and
bullying in schools, including a school district's responsibilities under P.L.2002, c.83 (C.18A:37-13 et
seq.). A board member shall be required to complete the program only once.
e. Training on harassment, intimidation, and bullying in schools shall be provided by the New Jersey
School Boards Association, in consultation with recognized experts in school bullying from a cross section
of academia, child advocacy organizations, nonprofit organizations, professional associations, and
government agencies.
18A:26-8.2. "School leader" defined; training as part of professional development.
a. As used in this section, "school leader" means a school district staff member who holds a position that
requires the possession of a chief school administrator, principal, or supervisor endorsement.
b. A school leader shall complete training on issues of school ethics, school law, and school governance
as part of the professional development for school leaders required pursuant to State Board of Education
regulations. Information on the prevention of harassment, intimidation, and bullying shall also be included
in the training. The training shall be offered through a collaborative training model as identified by the
Commissioner of Education, in consultation with the State Advisory Committee on Professional
Development for School Leaders.
Page 73

b. A school district shall: (1) provide training on the school district's harassment, intimidation, or bullying
policies to school employees and volunteers who have significant contact with students; (2) ensure that
the training includes instruction on preventing bullying on the basis of the protected categories
enumerated in section 2 of P.L.2002, c.83 (C.18A:37-14) and other distinguishing characteristics that may
incite incidents of discrimination, harassment, intimidation, or bullying; and (3) develop a process for
discussing the district's harassment, intimidation or bullying policy with students.
A school district may satisfy the training required pursuant to this subsection by utilizing training that may
be provided at no cost by the Department of Education, the New Jersey State Bar Foundation, or any
other entity. A school district may, at its own discretion, implement a training program which imposes a
cost on the district.
c. Information regarding the school district policy against harassment, intimidation or bullying shall be
incorporated into a school's employee training program and shall be provided to full-time and part-time
staff, volunteers who have significant contact with students, and those persons contracted by the district
to provide services to students.
18A:37-22. Program required for teaching certification.
d. The State board shall, as part of the professional development requirement established by the State
board for public school teachers, require each public school teacher to complete at least two hours of
instruction on harassment, intimidation, or bullying prevention in each professional development period.
18A:37-23. Program required for administrative and supervisory certification.
Beginning with the 2012-2013 school year, all candidates for administrative and supervisory certification
shall have satisfactorily completed a program on harassment, intimidation, and bullying prevention.
18A:37-26. Inservice workshops, training programs.
a. The Commissioner of Education, in consultation with recognized experts in school bullying from a cross
section of academia, child advocacy organizations, nonprofit organizations, professional associations,
and government agencies, shall establish inservice workshops and training programs to train selected
public school employees to act as district anti-bullying coordinators and school anti-bullying specialists in
accordance with the provisions of P.L.2010, c.122 (C.18A:37-13.1 et al.). The commissioner shall seek to
make the workshops and training programs available and administered online through the department's
website or other existing online resources. The commissioner shall evaluate the effectiveness of the
consulting group on an annual basis. The inservice training programs may utilize the offices of the
Page 74
executive county superintendent of schools, or such other institutions, agencies, or persons as the
commissioner deems appropriate. Each board of education shall provide time for the inservice training
during the usual school schedule in order to ensure that appropriate personnel are prepared to act in the
district as district anti-bullying coordinators and school anti-bullyingspecialists.
b. Upon completion of the initial inservice training program, the commissioner shall ensure that programs
and workshops that reflect the most current information on harassment, intimidation, and bullying in
schools are prepared and made available to district anti-bullying coordinators and school anti-bullying
specialists at regular intervals.
18A:37-27. Development of online tutorial, test.
The Commissioner of Education shall develop, in consultation with the Division on Civil Rights, and make
available on the Department of Education's Internet site, an online tutorial on harassment, intimidation,
and bullying. The online tutorial shall, at a minimum, include best practices in the prevention of
harassment, intimidation, and bullying, applicable laws, and such other information that the commissioner
determines to be appropriate. The online tutorial shall be accompanied by a test to assess a person's
understanding of the information provided in the tutorial.
18A:40A-3. Initial inservice training programs; curriculum; availability.
a. Upon completion of the curriculum guidelines required pursuant to section 2 of this act, the
Commissioner of Education, in consultation with the Commissioner of Health, shall establish inservice
workshops and training programs to train selected public school teachers to teach an education program
on drugs, alcohol, anabolic steroids, tobacco and controlled dangerous substances. The inservice training
programs may utilize existing county or regional offices, or such other institutions, agencies or persons as
the Commissioner of Education deems appropriate. The programs and workshops shall provide
instructional preparation for the teaching of the drug, alcohol, anabolic steroids, tobacco and controlled
dangerous substances curriculum, and shall, in addition to the curriculum material, include information on
the history, pharmacology, physiology and psychosocial aspects of drugs, alcohol, anabolic steroids,
tobacco and controlled dangerous substances, symptomatic behavior associated with substance abuse,
the availability of rehabilitation and treatment programs, and the legal aspects of substance abuse. Each
local board of education shall provide time for the inservice training during the usual school schedule in
order to insure that appropriate teaching staff members are prepared to teach the education program in
each grade in each school district.
b. Upon completion of the initial inservice training program, the Commissioner of Education shall insure
that programs and workshops that reflect the most current information on substance abuse are prepared
and are made available to teaching staff members at regular intervals.
c. In addition to providing inservice training programs for teaching staff members who will provide
instruction on substance abuse in the public schools, the Commissioner of Education shall make these
training programs available to such other instructional and supervisory personnel as he deems necessary
and appropriate.
18A:40A-4. Preservice training.
In addition to the provisions for inservice training established pursuant to this act, the commissioner shall
insure that the preservice training of individuals intending to enter the teaching profession provides for an
adequate treatment of the subject of substance abuse.
No certificate to teach in the public schools shall be issued to any teaching staff member who has not
passed a satisfactory examination in (1) physiology and hygiene; and (2) substance abuse issues which
includes material on the physiological, psychological, sociological and legal aspects of drug and alcohol
Page 75
abuse, methods of educating students on the negative effects of substance abuse, and intervention
strategies for dealing with students engaged in substance abuse.
18A:40A-15. Inservice training program.
a. The Commissioner of Education, in consultation with the Commissioner of Health, shall develop an
inservice training program for public school teachers to enable the teachers to recognize and respond to
substance abuse by public school pupils. The program shall, at a minimum, include:
(1) Instruction to assist the teacher in the identification of the symptoms and behavioral patterns which
might indicate that a child may be involved in substance abuse;
(2) Appropriate intervention strategies; and,
The inservice training program required pursuant to this section shall be updated at regular intervals in
order to insure that teaching staff members have the most current information available on this subject.
b. Each local board of education shall insure that all teaching staff members in the district who are
involved in the instruction of pupils are provided with the inservice training program developed pursuant to
this section. The inservice training program of the local board of education shall also include information
concerning the policy of the board regarding the referral for treatment of pupils involved in substance
abuse, as required pursuant to section 5 of this act.
early intervention, treatment and rehabilitation of individuals who show symptoms of substanceabuse.
ADMINISTRATIVE CODE
(a) 4. Each district board of education shall ensure that all educational staff members receive in-service
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N.J.A.C. 6A:9-13.2.
12. Provisions for the in-service training of school staff concerning policies and procedures established
in this subchapter, and the exchange of information regarding the practices of the education and law
enforcement agencies;
1. Annually review the training needs of school district staff for the effective implementation of the
harassment, intimidation and bullying policies, procedures, programs and initiatives of the district board
of education and implement locally determined staff training programs consistent with the annual review
of training needs and the findings of the annual review and update of the code of student conduct,
pursuant to N.J.A.C. 6A:16-7.1(a)3, as determined appropriate by the district board of education.
i. Information regarding the district board of educations policy against harassment, intimidation, or
bullying shall be incorporated into the school districts employee training program;
Page 77

STATUTES
b. Whenever a teacher, administrator, board member, other employee of a board of education or a labor
representative on behalf of an employee makes an allegation in writing that the board member or
employee has been assaulted by a pupil, the principal shall file a written report of the alleged assault with
the district's superintendent of schools. The superintendent to whom the alleged assault is reported or, if
there is no superintendent in the district, the principal who received the allegation from the board
assault, although it may be disclosed to the members of the board of education, shall be kept confidential
at the public board of education meeting.
liable to disciplinary action by the board of education of the district
18A:17-46. Reporting of certain acts by school employee; report; public hearing.
Any school employee observing or having direct knowledge from a participant or victim of an act of
violence shall, in accordance with standards established by the commissioner, file a report describing the
incident to the school principal in a manner prescribed by the commissioner, and copy of same shall be
forwarded to the district superintendent.
The principal shall notify the district superintendent of schools of the action taken regarding the incident.
Two times each school year, between September 1 and January 1 and between January 1 and June 30,
at a public hearing, the superintendent of schools shall report to the board of education all acts of
violence, vandalism, and harassment, intimidation, or bullying which occurred during the previous
reporting period. The report shall include the number of reports of harassment, intimidation, or bullying,
the status of all investigations, the nature of the bullying based on one of the protected categories
identified in section 2 of P.L.2002, c.83 (C.18A:37-14), the names of the investigators, the type and
nature of any discipline imposed on any student engaged in harassment, intimidation, or bullying, and any
other measures imposed, training conducted, or programs implemented, to reduce harassment,
intimidation, or bullying. The information shall also be reported once during each reporting period to the
Department of Education. The report must include data broken down by the enumerated categories as
listed in section 2 of P.L.2002, c.83 (C.18A:37-14), and data broken down by each school in the district, in
addition to district-wide data. It shall be a violation to improperly release any confidential information not
authorized by federal or State law for public release.
The report shall be used to grade each school for the purpose of assessing its effort to implement policies
and programs consistent with the provisions of P.L.2002, c.83 (C.18A:37-13 et seq.). The district shall
receive a grade determined by averaging the grades of all the schools in the district. The commissioner
shall promulgate guidelines for a program to grade schools for the purposes of this section.
The grade received by a school and the district shall be posted on the homepage of the school's website.
The grade for the district and each school of the district shall be posted on the homepage of the district's
website. A link to the report shall be available on the district's website. The information shall be posted on
the websites within 10 days of the receipt of a grade by the school and district.
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Verification of the reports on violence, vandalism, and harassment, intimidation, or bullying shall be part
of the State's monitoring of the school district, and the State Board of Education shall adopt regulations
that impose a penalty on a school employee who knowingly falsifies the report. A board of education shall
provide ongoing staff training, in cooperation with the Department of Education, in fulfilling the reporting
requirements pursuant to this section. The majority representative of the school employees shall have
access monthly to the number and disposition of all reported acts of school violence, vandalism, and
harassment, intimidation, or bullying.
2b. Whenever a teacher, administrator, board member, other employee of a board of education or a labor
representative on behalf of an employee makes an allegation in writing that the board member or
employee has been assaulted by a pupil, the principal shall file a written report of the alleged assault with
the district's superintendent of schools. The superintendent to whom the alleged assault is reported or, if
there is no superintendent in the district, the principal who received the allegation from the board
assault, although it may be disclosed to the members of the board of education, shall be kept confidential
at the public board of education meeting.
pupil's involvement with and use of these substances represents a danger to the pupil's health and well-
Page 79
being, the coordinator or other teaching staff member shall refer the pupil to an appropriate treatment
ADMINISTRATIVE CODE
6A:16-6.3. Reporting students or staff members to law enforcement authorities.
(a) Subject to the provisions of N.J.A.C. 6A:16-6.5, any staff member who, in the course of his or her
employment, has reason to believe that a student or staff member has unlawfully possessed or in any
way been involved in the distribution of a controlled dangerous substance, including anabolic steroids, or
drug paraphernalia, shall report the matter as soon as possible to the principal or, in the absence of the
principal, to the staff member responsible at the time of the alleged violation.
1. Either the principal or the responsible staff member shall notify the chief school administrator, who in
turn shall notify as soon as possible the appropriate county prosecutor or other law enforcement official
designated by the county prosecutor to receive such information.
2. The chief school administrator or designee shall provide to the county prosecutor or designee all
known information concerning the matter, including the identity of the student or staff member involved.
3. The chief school administrator or designee shall not disclose, however, the identity of any student or
staff member who has voluntarily sought and participated in an appropriate treatment or counseling
program for an alcohol or other drug abuse problem, provided the student or staff member is not
reasonably believed to be involved or implicated in drug distribution activities.
i. For the purpose of this section, an admission by a student or staff member in response to
questioning initiated by the principal or teaching staff member, or following the discovery of a
controlled dangerous substance, including anabolic steroids, or drug paraphernalia, by the principal
or teaching staff member, shall not constitute a voluntary, self-initiated request for counseling and
treatment.
4. The chief school administrator or designee may, but need not, disclose to law enforcement
authorities the identity of a student suspected to be under the influence of alcohol and/or controlled
Page 80
dangerous substances, pursuant to N.J.A.C. 6A:16-4.3(a), or a student suspected to have used or who
may be using anabolic steroids, pursuant to N.J.A.C. 6A:16-4.3(b), and who is referred for a medical
examination, pursuant to N.J.A.C. 6A:16-4.3(a) or (b), as appropriate, for the purposes of providing
appropriate health care for the student and for determining whether the student is under the influence of
alcohol or other drugs or has been using anabolic steroids, provided that the student is not reasonably
believed to be in possession of a controlled dangerous substance or drug paraphernalia, and is not
(b) Whenever any school employee develops reason to believe that a firearm, as defined in N.J.S.A.
2C:39-1(f) and 18 U.S.C. 921, or other deadly weapon, whether enumerated in N.J.S.A. 2C:39-1(r) or
not, except a firearm as defined by N.J.S.A. 2C:39-1(f) and 18 U.S.C. 921, has unlawfully been brought
onto school grounds, including on a school bus or to a school-sponsored function, or that any student or
other person is in unlawful possession of a firearm or other deadly weapon, whether on or off school
grounds, including on a school bus or at a school-sponsored function, or that any student or other person
has committed an offense with or while in possession of a firearm, whether or not such offense was
committed on school grounds, including on a school bus or at a school-sponsored function, or during
school operating hours, the matter shall be reported as soon as possible to the principal, or in the
absence of the principal, to the staff member responsible at the time of the alleged violation.
turn shall notify, as soon as possible, the county prosecutor or other law enforcement official designated
by the county prosecutor to receive such information.
(c) The designated school official, as defined by (b)1 above, shall immediately notify the designated law
enforcement official whenever any school employee in the course of his or her employment develops
reason to believe that a student has threatened, is planning or otherwise intends to cause death, serious
bodily injury or significant bodily injury to another person under circumstances in which a reasonable
person would believe that the student genuinely intends at some time in the future to commit the violent
act or carry out the threat.
(d) The designated school official, as defined by (b)1 above, shall immediately notify the designated law
reason to believe that a crime involving sexual penetration or criminal sexual conduct has been
committed on school grounds, including on a school bus or at a school-sponsored function, or by or
against a student during school operating hours or during school-related functions or activities.
(e) School employees shall immediately notify the building principal and chief school administrator when
in the course of their employment they develop reason to believe that a hate crime has been committed
or is about to be committed on school grounds, including on a school bus or at a school-sponsored
function, or has been or is about to be committed by any student, whether on or off school grounds,
including on a school bus or at a school-sponsored function, and whether or not such offense was or is to
be committed during operating school hours, or a student enrolled in the school has been or is about to
become the victim of a hate crime, whether committed on or off school grounds, including on a school bus
or at a school-sponsored function, or during operating school hours.
1. The designated school official, as defined by (b)1 above, shall promptly notify the local police
department and the bias investigation officer for the county prosecutors office in the instances
described above.
2. The designated school official, as defined by (b)1 above, shall immediately notify the local police
department and the bias investigation officer for the county prosecutors office where there is reason to
believe that a hate crime that involves an act of violence has been or is about to be physically
Page 81
committed against a student, or there is otherwise reason to believe that a life has been or will be
threatened.
(f) All incidents shall be reported under this section utilizing the Electronic Violence and Vandalism
Reporting System, pursuant to N.J.A.C. 6A:16-5.3(e)1, where appropriate.
7.8 and 7.9.
minimum:
conduct;
Page 82
STATUTES
district.
incidents;
Page 83
pupil's involvement with and use of these substances represents a danger to the pupil's health and wellbeing, the coordinator or other teaching staff member shall refer the pupil to an appropriate treatment
ADMINISTRATIVE CODE
6A:16-5.5. Removal of students for firearms offenses.
(a) Each district board of education shall adopt and implement policies and procedures regarding student
offenses involving firearms, as defined in N.J.S.A. 2C:39-1(f) and 18 U.S.C. 921, according to the
requirements of the Zero Tolerance for Guns Act, pursuant to N.J.S.A. 18A:37-7 through 12. These
policies and procedures shall apply to:
5. Notify the students parent of the following information:
iv. The general education student's due process rights, as set forth in N.J.A.C. 6A:16-7.2 through 7.6
or, in the case of a student with a disability, the students due process rights, as set forth in N.J.A.C.
3. Specific procedures and responsibilities of staff for notifying parents in instances of law enforcement
interviews involving their children;
Page 84
11. Provisions for notifying parents as soon as possible whenever a student is arrested for violating any
law prohibiting the possession, sale or other distribution of any controlled dangerous substance,
including anabolic steroids, drug paraphernalia, or a firearm or other deadly weapon;
6A:16-7.8. Attendance.
(a) Each district board of education shall develop, adopt and implement policies and procedures
regarding the attendance of students, pursuant to N.J.S.A. 18A:38-25 through 31 and N.J.A.C. 6A:32-8
and 13.1, at the public schools of the district or day schools in which students are provided with
equivalent instruction, according to the requirements of N.J.S.A. 18A:38-25, that shall include, at a
minimum:
4. School staff responses for unexcused absences:
i. For up to four cumulative unexcused absences, the school district shall:
ii. For between five and nine cumulative unexcused absences, the school district shall:
(2) Conduct a follow-up investigation, including contact with the students parents, to determine the
cause of each unexcused absence;
iii. For cumulative unexcused absences of 10 or more, the student, between the ages of six and 16, is
truant, pursuant to N.J.S.A. 18A:38-27, and the school district shall:
(1) Make a mandatory referral to the court program required by the New Jersey Administrative
Office of the Courts;
(2) Make a reasonable attempt to notify the students parents of the mandatory referral;
(3) Continue to consult with the parent and the involved agencies to support the students return to
school and regular attendance;
Reporting between schools and law enforcement

STATUTES
18A:37-2.3. Responsibility for removal, report.
2. The principal or his or her designee shall be responsible for the removal of any pupil pursuant to
section 1 of P.L.1995, c.128 (C.18A:37-2.2). The principal or his or her designee shall immediately report
the removal of any pupil to the district's chief school administrator. The principal shall also notify the
appropriate law enforcement agency of a possible violation of the New Jersey Code of Criminal Justice.
18A:37-6. Rules, regulations.
The State Board of Education, in consultation and cooperation with the Attorney General, shall adopt,
pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) rules and
regulations regarding law enforcement activities on school grounds and the reporting of suspected
offenses and acts of delinquency to law enforcement.
Page 85
18A:40A-18(c). Employment of student assistance coordinators in certain school districts.
effective implementation of this act. Coordinators shall assist with the in service training of school district
staff concerning substance abuse issues and the district program to combat substance abuse; serve as
an information resource for substance abuse curriculum development and instruction; assist the district in
revising and implementing substance abuse policies and procedures; develop and administer intervention
services in the district; provide counseling services to pupils regarding substance abuse problems; and,
where necessary and appropriate, cooperate with juvenile justice officials in the rendering of substance
abuse treatment services.
ADMINISTRATIVE CODE
6A:16-6.1. Adoption of policies and procedures.
(a) District boards of education shall adopt and implement policies and procedures to ensure cooperation
between school staff and law enforcement authorities in all matters relating to:
1. The unlawful possession, distribution and disposition of the following:
i. Controlled dangerous substances, including anabolic steroids, as defined in N.J.S.A. 24:21-2 and
N.J.S.A. 2C:35-2;
ii. Drug paraphernalia, as defined in N.J.S.A. 2C:36-1;
iii. Alcoholic beverages;
iv. Firearms, as defined in subsection f of N.J.S.A. 2C:39-1f; and
v. Other deadly weapons, as defined in N.J.S.A. 2C:39-1r.
2. The planning and conduct of law enforcement activities and operations occurring on school grounds,
including on a school bus or at a school-sponsored function, including arrest procedures and
undercover school operations.
(a) School district policies and procedures developed pursuant to this subchapter shall be:
1. Developed, implemented and revised, as necessary, in consultation with the county prosecutor and
such other law enforcement officials as may be designated by the county prosecutor;
2. Reviewed and approved by the county superintendent;
3. Made available annually to all school staff, students and parents;
4. Consistent with reporting, notification and examination procedures of students suspected of being
under the influence of alcohol and other drugs according to the requirements of N.J.A.C. 6A:16-4.3; and
5. Consistent with N.J.A.C. 6A:16-7, as appropriate.
1. The designation of liaisons to law enforcement agencies and the description of their roles and
responsibilities by the chief school administrator;
2. Specific procedures for and responsibilities of staff in summoning appropriate law enforcement
authorities onto school grounds, including on a school bus or at a school-sponsored function, for the
purpose of conducting law enforcement investigations, searches, seizures and arrests;
Page 86
3. Specific procedures and responsibilities of staff for notifying parents in instances of law enforcement
interviews involving their children;
4. Specific procedures for and responsibilities of staff in cooperating with arrests made by law
enforcement authorities on school grounds, including on a school bus or at a school-sponsored
function;
5. Specific procedures for and responsibilities of staff in initiating or conducting searches and seizures
of students, their property and their personal effects.
i. All searches and seizures conducted by school staff shall comply with the standards prescribed by
the United States Supreme Court in New Jersey v. T.L.O., 469 U.S. 325 (1985).
ii. Any question concerning searches conducted by school officials shall be directed to the appropriate
county prosecutor.
iii. School officials may request that law enforcement authorities assume responsibility for conducting
any search or seizure.
iv. No school staff member shall impede any law enforcement officer engaged in a lawful search,
seizure or arrest whether pursuant to a warrant or otherwise.
v. School staff shall permit law enforcement authorities, upon their arrival, to assume responsibility for
conducting any search or seizure.
vi. All inspections of lockers, desks or other objects or personal property on school grounds, including
on a school bus or at a school-sponsored function, involving the use of law enforcement drugdetection canines only may be undertaken with the express permission of the county prosecutor or
the Director of the Division of Criminal Justice or his or her designee in the New Jersey Department of
Law and Public Safety.
vii. Any questions concerning the legality of any contemplated or ongoing search, seizure or arrest
conducted by a law enforcement officer on school grounds, including on a school bus or at a schoolsponsored function, shall be directed to the county prosecutor or, in the case of a search, seizure or
arrest undertaken by the Division of Criminal Justice designee in the New Jersey Department of Law
and Public Safety, to the assigned Assistant Attorney General;
6. The procedures for and responsibilities of staff, with regard to interviews of students suspected of
possessing or distributing a controlled dangerous substance, including anabolic steroids, drug
paraphernalia or a firearm or other deadly weapon;
7. Procedures for planning, approving and conducting undercover school operations.
i. The chief school administrator and school principal shall cooperate with law enforcement authorities
in the planning and conduct of undercover school operations. The chief school administrator shall
approve such undercover operations without prior notification to the district board of education.
ii. All information concerning requests to undertake any undercover school operation, information
supplied by law enforcement authorities to justify or explain the need for and of a proposed
undercover school operation, and all other information concerning an ongoing undercover school
operation, including the identity of any undercover officer placed in a school, shall be kept strictly
confidential by the chief school administrator and school principal.
iii. The chief school administrator and principal shall not divulge information concerning any
undercover school operation to any person without the prior express approval of the county
prosecutor or designee.
iv. In the event that the chief school administrator, principal or any other school staff or district board
of education member who may have been informed regarding the existence of the undercover school
operation subsequently learns of any information which suggests that the true identity of the
Page 87
undercover officer has been revealed, or that any person has questioned the identity or status of the
undercover officer as a bona fide member of the school community, or that the integrity of the
undercover school operation has been in any other way compromised, such information shall be
immediately communicated to the county prosecutor or designee;
8. The procedures for and responsibilities of staff concerning the safe and proper handling of any
seized controlled dangerous substance, including anabolic steroids, drug paraphernalia or a firearm or
other deadly weapon, and the prompt delivery of such items to appropriate law enforcement authorities
in accordance with this subchapter;
9. The procedures for and responsibilities of staff in notifying authorities of any suspected violation of
any laws prohibiting the possession, sale or other distribution of any controlled dangerous substance,
10. Provisions for requesting uniformed police attendance at extracurricular school events;
11. Provisions for notifying parents as soon as possible whenever a student is arrested for violating any
law prohibiting the possession, sale or other distribution of any controlled dangerous substance,
12. Provisions for the in-service training of school staff concerning policies and procedures established
in this subchapter, and the exchange of information regarding the practices of the education and law
enforcement agencies;
i. The agreement or memorandum of understanding shall be consistent with the policies and
procedures established in this subchapter and shall be consistent with the format and content
established by the Attorney General and the Commissioner of Education.
iii. Copies of all agreements or memoranda of understanding entered into with law enforcement
authorities shall be approved by the district board of education and shall be submitted to and
approved by the county prosecutor and county superintendent of schools.
14. Provisions for resolving disputes concerning law enforcement activities occurring on school
grounds, including on a school bus or at a school-sponsored function; and
15. An annual process for the local chief school administrator and appropriate law enforcement officials
to discuss the implementation and need for revising the agreement or memorandum of understanding,
and to review the effectiveness of policies and procedures implemented pursuant to the provisions of
this subchapter.
i. The annual review shall include input from the county superintendent, community members and
meeting(s) with the county prosecutor and such other law enforcement officials designated by the
county prosecutor.
ii. The memorandum of understanding may be revised only to include provisions that are in addition to
and do not conflict with the policies and procedures established in this subchapter and that are in
addition to and do not conflict with the format and content established by the Attorney General and
Page 88
6A:16-6.3. Reporting students or staff members to law enforcement authorities.

(a) Subject to the provisions of N.J.A.C. 6A:16-6.5, any staff member who, in the course of his or her
employment, has reason to believe that a student or staff member has unlawfully possessed or in any
way been involved in the distribution of a controlled dangerous substance, including anabolic steroids, or
drug paraphernalia, shall report the matter as soon as possible to the principal or, in the absence of the
principal, to the staff member responsible at the time of the alleged violation.
turn shall notify as soon as possible the appropriate county prosecutor or other law enforcement official
designated by the county prosecutor to receive such information.
3. The chief school administrator or designee shall not disclose, however, the identity of any student or
staff member who has voluntarily sought and participated in an appropriate treatment or counseling
program for an alcohol or other drug abuse problem, provided the student or staff member is not
i. For the purpose of this section, an admission by a student or staff member in response to
questioning initiated by the principal or teaching staff member, or following the discovery of a
controlled dangerous substance, including anabolic steroids, or drug paraphernalia, by the principal
or teaching staff member, shall not constitute a voluntary, self-initiated request for counseling and
treatment.
4. The chief school administrator or designee may, but need not, disclose to law enforcement
authorities the identity of a student suspected to be under the influence of alcohol and/or controlled
dangerous substances, pursuant to N.J.A.C. 6A:16-4.3(a), or a student suspected to have used or who
may be using anabolic steroids, pursuant to N.J.A.C. 6A:16-4.3(b), and who is referred for a medical
examination, pursuant to N.J.A.C. 6A:16-4.3(a) or (b), as appropriate, for the purposes of providing
appropriate health care for the student and for determining whether the student is under the influence of
alcohol or other drugs or has been using anabolic steroids, provided that the student is not reasonably
believed to be in possession of a controlled dangerous substance or drug paraphernalia, and is not
(b) Whenever any school employee develops reason to believe that a firearm, as defined in N.J.S.A.
2C:39-1(f) and 18 U.S.C. 921, or other deadly weapon, whether enumerated in N.J.S.A. 2C:39-1(r) or
not, except a firearm as defined by N.J.S.A. 2C:39-1(f) and 18 U.S.C. 921, has unlawfully been brought
onto school grounds, including on a school bus or to a school-sponsored function, or that any student or
other person is in unlawful possession of a firearm or other deadly weapon, whether on or off school
grounds, including on a school bus or at a school-sponsored function, or that any student or other person
has committed an offense with or while in possession of a firearm, whether or not such offense was
committed on school grounds, including on a school bus or at a school-sponsored function, or during
school operating hours, the matter shall be reported as soon as possible to the principal, or in the
absence of the principal, to the staff member responsible at the time of the alleged violation.
turn shall notify, as soon as possible, the county prosecutor or other law enforcement official designated
by the county prosecutor to receive such information.
(c) The designated school official, as defined by (b)1 above, shall immediately notify the designated law
Page 89
reason to believe that a student has threatened, is planning or otherwise intends to cause death, serious
bodily injury or significant bodily injury to another person under circumstances in which a reasonable
person would believe that the student genuinely intends at some time in the future to commit the violent
act or carry out the threat.
(d) The designated school official, as defined by (b)1 above, shall immediately notify the designated law
reason to believe that a crime involving sexual penetration or criminal sexual conduct has been
committed on school grounds, including on a school bus or at a school-sponsored function, or by or
against a student during school operating hours or during school-related functions or activities.
(e) School employees shall immediately notify the building principal and chief school administrator when
in the course of their employment they develop reason to believe that a hate crime has been committed
or is about to be committed on school grounds, including on a school bus or at a school-sponsored
function, or has been or is about to be committed by any student, whether on or off school grounds,
including on a school bus or at a school-sponsored function, and whether or not such offense was or is to
be committed during operating school hours, or a student enrolled in the school has been or is about to
become the victim of a hate crime, whether committed on or off school grounds, including on a school bus
or at a school-sponsored function, or during operating school hours.
1. The designated school official, as defined by (b)1 above, shall promptly notify the local police
department and the bias investigation officer for the county prosecutors office in the instances
described above.
2. The designated school official, as defined by (b)1 above, shall immediately notify the local police
department and the bias investigation officer for the county prosecutors office where there is reason to
believe that a hate crime that involves an act of violence has been or is about to be physically
committed against a student, or there is otherwise reason to believe that a life has been or will be
threatened.
(f) All incidents shall be reported under this section utilizing the Electronic Violence and Vandalism
Reporting System, pursuant to N.J.A.C. 6A:16-5.3(e)1, where appropriate.

STATUTES
18A:36-19. Pupil records; creation, maintenance and retention, security and access; regulations;
nonliability.
The State Board of Education shall provide by regulation for the creation, maintenance and retention of
pupil records and for the security thereof and access thereto, to provide general protection for the right of
the pupil to be supplied with necessary information about herself or himself, the right of the parent or
guardian and the adult pupil to be supplied with full information about the pupil, except as may be
inconsistent with reasonable protection of the persons involved, the right of both pupil and parent or
guardian to reasonable privacy as against other persons and the opportunity for the public schools to
have the data necessary to provide a thorough and efficient educational system for all pupils.
No liability shall attach to any member, officer or employee of any board of education for the furnishing of
any pupil records consistent with this act and the regulations adopted hereunder.
Page 90

district.
incidents;
18A:40A-7.1. Confidentiality of certain information provided by pupil; exceptions.
1. a. Except as provided by section 3 of P.L.1971, c.437 (C.9:6-8.10), if a public or private elementary or
secondary school pupil who is participating in a school-based drug and alcohol abuse counseling
program provides information during the course of a counseling session in that program which indicates
that the pupil's parent or guardian or other person residing in the pupil's household is dependent upon
or illegally using a substance as that term is defined in section 2 of P.L.1987, c.387 (C.18A:40A-9), that
information shall be kept confidential and may be disclosed only under the circumstances expressly
authorized under subsection b. of this section.
b. The information provided by a pupil pursuant to subsection a. of this section may be disclosed:
(1) subject to the pupil's written consent, to another person or entity whom the pupil specifies in
writing in the case of a secondary school pupil, or to a member of the pupil's immediate family or the
appropriate school personnel in the case of an elementary school pupil;
(2) pursuant to a court order;
(3) to a person engaged in a bona fide research purpose, except that no names or other information
identifying the pupil or the person with respect to whose substance abuse the information was
provided, shall be made available to the researcher; or
(4) to the Division of Child Protection and Permanency or to a law enforcement agency, if the
information would cause a person to reasonably suspect that the elementary or secondary school
pupil or another child may be an abused or neglected child as the terms are used in R.S.9:6-1, or as
the terms are defined in section 2 of P.L.1971, c.437 (C.9:6-8.9), or section 1 of P.L.1974, c.119
(C.9:6-8.21).
c. Any disclosure made pursuant to paragraph (1) or (2) of subsection b. of this section shall be limited
to that information which is necessary to carry out the purpose of the disclosure, and the person or
entity to whom the information is disclosed shall be prohibited from making any further disclosure of that
information without the pupil's written consent. The disclosure shall be accompanied by a written
statement advising the recipient that the information is being disclosed from records the confidentiality
of which is protected by P.L.1997, c.362 (C.18A:40A-7.1 et seq.), and that this law prohibits any further
disclosure of this information without the written consent of the person from whom the information
originated. Nothing in P.L.1997, c.362 (C.18A:40A-7.1 et seq.) shall be construed as prohibiting the
Page 91
Division of Child Protection and Permanency or a law enforcement agency from using or disclosing the
information in the course of conducting an investigation or prosecution. Nothing in P.L.1997, c.362 shall
be construed as authorizing the violation of any federal law.
d. The prohibition on the disclosure of information provided by a pupil pursuant to subsection a. of this
section shall apply whether the person to whom the information was provided believes that the person
seeking the information already has it, has other means of obtaining it, is a law enforcement or other
public official, has obtained a subpoena, or asserts any other justification for the disclosure of this
information.
47:3-15. Short title.
This act shall be known and cited as "Destruction of Public Records Law (1953)."
47:3-16. Terms defined.
As used in this act, except where the context indicates otherwise, the words "public records" mean any
paper, written or printed book, document or drawing, map or plan, photograph, microfilm, data processed
or image processed document, sound-recording or similar device, or any copy thereof which has been
made or is required by law to be received for filing, indexing, or reproducing by any officer, commission,
agency or authority of the State or of any political subdivision thereof, including subordinate boards
thereof, or that has been received by any such officer, commission, agency or authority of the State or of
any political subdivision thereof, including subordinate boards thereof, in connection with the transaction
of public business and has been retained by such recipient or its successor as evidence of its activities or
because of the information contained therein.
As used in this act the word "bureau" means the Bureau of Archives and History in the Department of
Education.
47:3-17. Consent of bureau to disposition or destruction of public records or documents.
No person shall destroy, sell or otherwise dispose of any public record, archives or printed public
documents which are under his control or in his care or custody, whether or not they are in current use,
without first having advised the Bureau of Archives and History in the Department of Education of their
nature, and obtained the written consent of that bureau; which consent may be given by said bureau only
if the same is in conformance with regulations governing the granting thereof which shall be made and
promulgated by the State Records Committee established by section six of this act.
47:3-19. Schedules.
The bureau, in co-operation with the several State departments, commissions and agencies, shall make a
study of the kind and character of public records in their control or custody and shall prepare proposed
schedules for submission to the State Records Committee established by section six hereof for its
approval and advise the said several departments, commissions and agencies of all applicable operative
schedules.
ADMINISTRATIVE CODE
6A:16-3.2. Confidentiality of student alcohol and other drug information.
(a) Each district board of education shall assure compliance with the following confidentiality
requirements:
1. Confidentiality of alcohol and drug abuse patient records, pursuant to 42 CFR Part 2; and
2. Confidentiality of information provided by an elementary or secondary school student while
participating in a school-based drug and alcohol counseling program which indicates that the student's
Page 92
parent or other person residing in the student's household is dependent upon or illegally using
substances pursuant to N.J.S.A. 18A:40A-7.1 and 7.2.
6A:16-5.4. Access to juvenile justice information.
(a) Each district board of education shall adopt and implement policies and procedures protecting access
to information related to juvenile justice proceedings, according to the requirements of N.J.S.A. 2A:4A-60.
6A:16-7.10. Student records and confidentiality.
(a) When a student transfers to a public school district from another public school district, all information
in the students record related to disciplinary actions taken against the student by the school district and
any information the school district has obtained pursuant to N.J.S.A. 2A:4A-60, Disclosure of juvenile
information; penalties for disclosure, shall be provided to the receiving public school district, in
accordance with the provisions of N.J.S.A. 18A:36-19a and N.J.A.C. 6A:32-7.5(f)10iii through v.
1. The record shall be provided within two weeks of the date that the student enrolls in the receiving
school district.
2. Written consent of the parent or adult student shall not be required as a condition of the transfer of
this information.
i. Written notice of the transfer shall be provided to the parent or the adult student.
(b) When a student transfers to a private school, which includes all sectarian or nonsectarian nonprofit
institutional day or residential schools that provide education for students placed by their parents and that
are controlled by other than public authority, all student disciplinary records, with respect to suspensions
or expulsions, shall be provided by the public school district of residence to the private school upon
written request from the private school, in the same manner as such records would be provided by a
public school district of residence to a public school district, pursuant to 20 U.S.C. 6301, Title IV(A)IV
4155 of the Elementary and Secondary Education Act as reauthorized under the No Child Left Behind
Act.
(c) A district board of education shall not use a students past offenses on record to discriminate against
that student.
(d) All records maintained in this subchapter shall conform with the requirements set forth at 20 U.S.C.
1232g and 34 CFR Part 99, Family Educational Rights and Privacy Act; 20 U.S.C. 1232h and 34 CFR
Part 98, Protection of Pupil Rights Amendment; N.J.A.C. 6A:32-7, Student Records; 45 CFR 160,
Health Insurance Portability and Accountability Act; 20 U.S.C. 6301, Title IV(A)IV 4155 of the
Elementary and Secondary Education Act as reauthorized under the No Child Left Behind Act; 42 CFR
Part 2, Confidentiality of Alcohol and Drug Abuse Patient Records; N.J.S.A. 18A:40A-7.1, School-based
drug and alcohol abuse counseling; information from participants; disclosure; N.J.A.C. 6A:16-3.2,
Confidentiality of student alcohol and other drug information; N.J.S.A. 18A:36-19, Creation; Pupil
Records: Maintenance and Retention, Security and Access; Regulations; Non-Liability; N.J.A.C. 6A:142.9, Student records; as well as other existing Federal and State laws pertaining to student records and
confidentiality.

ADMINISTRATIVE CODE
15. An annual process for the local chief school administrator and appropriate law enforcement officials to
discuss the implementation and need for revising the agreement or memorandum of understanding, and
Page 93
to review the effectiveness of policies and procedures implemented pursuant to the provisions of this
subchapter.
county prosecutor.
addition to and do not conflict with the format and content established by the Attorney General and the
7.8 and 7.9.
minimum:
conduct;
3. Annually review the extent and characteristics of harassment, intimidation and bullying behavior in
the school buildings of the school district and implement locally determined programmatic or other
responses, if determined appropriate by the district board of education.
Page 94
community members, including appropriate community-based social and health provider agencies,
law enforcement officials, school employees, school volunteers, students and school administrators,
as appropriate.
Page 95
Student Resource and Safety Officers (SROs/SSOs) and

STATUTES
18A:17-43.1. Training course required for service as safe schools resource officer, liaison to law
enforcement.
3. a. Following the development of the training course pursuant to subsection a. of section 2 of P.L.2005,
c.276 (C.52:17B-71.8) or 180 days following the effective date of this act, whichever occurs first, a
board of education shall not assign a safe schools resource officer to a public school unless that
individual first completes the safe schools resource officer training course.
b. Following the development of the training course pursuant to subsection a. of section 2 of P.L.2005,
c.276 (C.52:17B-71.8) or 180 days following the effective date of this act, whichever occurs first, a
board of education shall not assign an employee to serve as a school liaison to law enforcement unless
that individual first completes the safe schools resource officer training course.
c. A person who is assigned to a public school as a safe schools resource officer prior to the effective
date of P.L.2005, c.276 (C.52:17B-71.8 et al.) or assigned to serve as a school liaison to law
enforcement prior to that date shall not be required to complete the safe schools resource officer
training course developed by the Police Training Commission pursuant to subsection a. of section 2 of
P.L.2005, c.276 (C.52:17B-71.8), but may in accordance with that section.
52:17B-71.8. Training course for safe schools resource officers, liaisons to law enforcement.
a. The Police Training Commission in the Division of Criminal Justice in the Department of Law and
Public Safety, in consultation with the Attorney General, shall develop a training course for safe schools
resource officers and public school employees assigned by a board of education to serve as a school
liaison to law enforcement. The Attorney General, in conjunction with the Police Training Commission,
shall ensure that the training course is developed within 180 days of the effective date of this act. The
course shall at a minimum provide comprehensive and consistent training in current school resource
officer practices and concepts. The course shall include training in the protection of students from
harassment, intimidation, and bullying, including incidents which occur through electronic communication.
The course shall be made available to:
(1) any law enforcement officer or public school employee referred by the board of education of the
public school to which assignment as a safe schools resource officer or school liaison to law
enforcement is sought; and
(2) any safe schools resource officer or school liaison to law enforcement assigned to a public school
prior to the effective date of P.L.2005, c.276 (C.52:17B-71.8 et al.).
b. The training course developed by the commission pursuant to subsection a. of this section shall be
offered at each school approved by the commission to provide police training courses pursuant to the
provisions of P.L.1961, c.56 (C.52:17B-66 et seq.). The commission shall ensure that an individual
assigned to instruct the course is proficient and experienced in current school resource officer practices
and concepts.
Page 96
c. The commission shall award a certificate to each individual who successfully completes the course.
d. The Police Training Commission, in consultation with the Commissioner of Education, shall adopt rules
and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), to
implement the provisions of this section.

ADMINISTRATIVE CODE
i. The agreement or memorandum of understanding shall be consistent with the policies and
procedures established in this subchapter and shall be consistent with the format and content
established by the Attorney General and the Commissioner of Education.
iii. Copies of all agreements or memoranda of understanding entered into with law enforcement
authorities shall be approved by the district board of education and shall be submitted to and
approved by the county prosecutor and county superintendent of schools.
15. An annual process for the local chief school administrator and appropriate law enforcement officials
to discuss the implementation and need for revising the agreement or memorandum of understanding,
and to review the effectiveness of policies and procedures implemented pursuant to the provisions of
this subchapter.
county prosecutor.
addition to and do not conflict with the format and content established by the Attorney General and
Page 97

STATUTES
18A:37-24. Development of guidance document.
a. The Department of Education, in consultation with the Division on Civil Rights in the Department of Law
and Public Safety shall develop a guidance document for use by parents or guardians, students, and
school districts to assist in resolving complaints concerning student harassment, intimidation, or bullying
behaviors and the implementation of P.L.2002, c.83 (C.18A:37-13 et seq.) by school districts. The
document shall include:
(1) a school district's obligations under P.L.2002, c.83 (C.18A:37-13 et seq.);
(2) best practices for the prevention, intervention, and remediation of harassment, intimidation, or
bullying in schools, including methods to identify and assist student populations at high risk for
harassment, intimidation, or bullying;
(3) a clear explanation of the procedures for petitioning the Commissioner of Education to hear and
decide disputes concerning P.L.2002, c.83 (C.18A:37-13 et seq.);
(4) a clear explanation of the Division on Civil Rights' jurisdiction and services in regard to specific types
of harassment, intimidation, or bullying; and
(5) a clear explanation of the process for appealing final agency determinations to the Appellate
Division of the Superior Court.
b. The guidance document shall be available on the Department of Education's and the Division on Civil
Rights' Internet sites and on every school district's Internet site at an easily accessible location.
district.
d. (1) To assist school districts in developing policies for the prevention of harassment, intimidation, or
bullying, the Commissioner of Education shall develop a model policy applicable to grades kindergarten
through 12. This model policy shall be issued no later than December 1, 2002.
(2)The commissioner shall adopt amendments to the model policy which reflect the provisions of
P.L.2010, c.122 (C.18A:37-13.1 et al.) no later than 90 days after the effective date of that act and shall
subsequently update the model policy as the commissioner deems necessary.
STATUTES
district.
Page 98
Page 99
Other/Uncategorized
STATUTES
18A:37-16. Reprisal, retaliation, false accusation prohibited.
c. A member of a board of education or a school employee who promptly reports an incident of
harassment, intimidation or bullying, to the appropriate school official designated by the school district's
policy, or to any school administrator or safe schools resource officer, and who makes this report in
compliance with the procedures in the district's policy, is immune from a cause of action for damages
arising from any failure to remedy the reported incident.
18A:40A-13. Immunity for personnel.
No action of any kind in any court of competent jurisdiction shall lie against any teaching staff member,
including a student assistance coordinator, any school nurse or other educational personnel, medical
inspector, examining physician or any other officer, agent or any employee of the board of education or
personnel of the emergency room of a hospital because of any action taken by virtue of the provisions of
this act, provided the skill and care given is that ordinarily required and exercised by other such teaching
staff members, nurses, educational personnel, medical inspectors, physicians or other officers, agents, or
any employees of the board of education or emergency room personnel.
18A:40A-14. Civil immunity for reporting.
Any teacher, guidance counselor, school psychologist, school nurse, student assistance coordinator or
other educational or noneducational personnel, employed by or in any of the public or private schools of
this State, who in good faith reports a pupil to the principal or his designee or to the medical inspector or
school physician or school nurse in an attempt to help such pupil cure his abuse of substances as defined
in section 2 of this act, shall not be liable in civil damages as a result of making any such report.
Nothing in this section is intended to preclude the protections provided in section 2 of P.L.1971, c.414
(C.2A:62A-4) or otherwise provided by law.
ADMINISTRATIVE CODE
6A:16-7.9. Intimidation, harassment and bullying
(c) 1. A school employee who promptly reports an incident of harassment, intimidation or bullying to the
appropriate school official designated by the district board of educations policy, and who makes this
report in compliance with the procedures set forth in the district board of educations policy, is immune
from a cause of action for damages arising from any failure to remedy the reported incident, as set forth in
N.J.S.A. 18A:37-16(4)c.

STATUTES
district.
a. Each school district shall adopt a policy prohibiting harassment, intimidation or bullying on school
Page 100
Page 101

18A:40A-24. Public hearing prior to adoption of drug testing policy.
3. Each board of education shall hold a public hearing prior to the adoption of its drug testing policy. The
policy shall be in written form and shall be distributed to students and their parents or guardians at the
beginning of each school year. The policy shall include, but need not be limited to, the following:
a. notice that the consent of the student and his parent or guardian for random student drug testing is
required for the student to participate in extracurricular activities and to possess a school parking
permit;
b. the procedures for collecting and testing specimens;
c. the manner in which students shall be randomly selected for drug testing;
d. the procedures for a student or his parent or guardian to challenge a positive test result;
e. the standards for ensuring the confidentiality of test results;
f. the specific disciplinary action to be imposed upon a student who tests positive for drug use or
refuses to consent to testing;
g. the guidelines for the referral of a student who tests positive for drug use to drug counseling or
rehabilitative treatment; and
h. the scope of authorized disclosure of test results.
ADMINISTRATIVE CODE
3. Annually review the extent and characteristics of harassment, intimidation and bullying behavior in the
school buildings of the school district and implement locally determined programmatic or other responses,
if determined appropriate by the district board of education.
community members, including appropriate community-based social and health provider agencies, law
enforcement officials, school employees, school volunteers, students and school administrators, as
appropriate.
Page 102

7.8 and 7.9.
Other/Uncategorized
Page 103

School Discipline
resources provided by New Jersey provide additional context to state policy and regulations and, in some
Title
Description
Website address (if

applicable)
Keeping Our Kids Safe,

Healthy and In School
Provides information on government

agencies, statutes, reports, resources,
data collection, regulations, case law,
state initiatives and professional
associations regarding student behavior
issues, safe and positive learning
environments and other areas affecting
the safety and health of students.
http://www.state.nj.us/education/
students/safety
Resources Supporting
the Anti-Bullying Bill of
Rights Act
Information and resources to support

school implementation of the AntiBullying Bill of Rights.
students/safety/behavior/hib/#si
A Uniform State
Memorandum of
Agreement Between
Education and Law
Enforcement Officials
Memorandum between education and

law enforcement concerning law
enforcement activities occurring on
school grounds and the reporting of
suspected drug and other offenses by
school officials to law enforcement .
schools/security/regs/agree.pdf
New Jersey Department

of Education Codes of
Student Conduct (CSC)
Information and resources on the CSC

requirements and their adoption,
development and implementation.
code/current/title6a/chap16.pdf
Website
Documents
Other Resources
of Education Codes of
Student Conduct

of Education Chapter
16 of the Administrative
Code (subchapters 3, 4,
5, 6 7, 8, 9 and 10)
Page 104
Title
Description
Website address (if

applicable)
Website
A Uniform State
Memorandum of
Agreement Between
Education and Law
Enforcement Officials
schools/security/regs/agree.pdf
Resources Supporting
the Anti-Bullying Bill of
Rights Act
students/safety/behavior/hib/#si
Page 105
New Mexico
Discipline Laws and
Regulations
Introduction
document.
Notes & Disclaimers

Note: Per state review, the New Mexico Public Education Department cannot and does not assume any
responsibility or liability for the creation or approval of this document as comprehensive or final.
Prepared by:
Child Trends
Table of Contents
New Mexico State Codes Cited .................................................................................................................. 1
Scope ........................................................................................................................................................ 8
Communication of policy ......................................................................................................................... 11
Other weapons ........................................................................................................................................ 25
Substance use......................................................................................................................................... 29
Prevention ............................................................................................................................................... 34
New Mexico State Codes Cited

New Mexico Revised Statutes
Note: All hyperlinks below take you to New Mexicos statute search engine, offered by the New Mexico
Compilation Commission (NMOneSource), redirected from the New Mexico State Legislature.
Chapter 22. Public Schools

Article 2. Public Education Department and Commission
22-2-1.
22-2-2.
22-2-21.
Secretary and department; general powers.

Department; general duties.
Bullying prevention programs.
Article 5. Local School Boards

22-5-4.3.
22-5-4.7.
22-5A-2.
22-5A-3.
22-5A-4.
22-5A-5.
School discipline policies; students may self-administer certain medications.

Additional student discipline policies; weapon-free schools.
Definitions.
Alcoholic beverages prohibited on public school grounds.
Notices required.
Penalties.
Article 10A. School Personnel Act

22-10A-32.
22-10A-33.
Licensed school employees; required training program

Violence; vandalism; reporting. (2003)
Article 12. Compulsory School Attendance

22-12-7.
22-12-8.
22-12-9.
Enforcement of attendance law ; habitual truants; penalty

Early identification; unexcused absences and truancy
Unexcused absences and truancy; attendance policies.
New Mexico Administrative Code

Title 6. Primary and Secondary Education
Chapter 11. Public School Administration Student Rights and Responsibilities
Part 2. Rights and Responsibilities of the Public Schools and Public School Students
6.11.2.10.
6.11.2.12.
6.11.2.8.
6.11.2.9.
Enforcing rules of conduct

Procedure for detentions, suspensions, and expulsions
General provisions
Rules of conduct for New Mexico public schools
Chapter 12. Public School Administration Health and Safety

Part 4. Tobacco, Alcohol and Drug Free School Districts
6.12.4.7.
6.12.4.8.
Definitions
Requirements
New Mexico Compilation of School Discipline Laws and Regulations
Page 1
Part 7. Bullying Prevention

6.12.7.7.
6.12.7.8.
Definitions
Requirements
Page 2
General Provisions
STATUTES
22-2-1. Secretary and department; general powers.
A. The secretary is the governing authority and shall have control, management and direction of all public
schools, except as otherwise provided by law.
B. The department may:
(1) adopt, promulgate and enforce rules to exercise its authority and the authority of the secretary;
(2) enter into contracts to carry out its duties;
(3) apply to the district court for an injunction, writ of mandamus or other appropriate relief to enforce
the provisions of the Public School Code [Chapter 22 [except Article 5A] NMSA 1978] or rules
promulgated pursuant to the Public School Code; and
(4) waive provisions of the Public School Code as authorized by law.
22-2-2. Department; general duties.
The department shall:
A. properly and uniformly enforce the provisions of the Public School Code [Chapter 22 [except Article
5A] NMSA 1978];
B. determine policy for the operation of all public schools and vocational education programs in the
state, including vocational programs that are part of a juvenile construction industries initiative for
juveniles who are committed to the custody of the children, youth and families department;
C. supervise all schools and school officials coming under its jurisdiction, including taking over the
control and management of a public school or school district that has failed to meet requirements of law
or department rules or standards, and, until such time as requirements of law, standards or rules have
been met and compliance is ensured, the powers and duties of the local school board and local
superintendent shall be suspended;
D. prescribe courses of instruction to be taught in all public schools in the state, requirements for
graduation and standards for all public schools, for private schools seeking state accreditation and for
the educational programs conducted in state institutions other than the New Mexico military institute;
E. provide technical assistance to local school boards and school districts;
F. assess and evaluate public schools for accreditation purposes to determine the adequacy of student
gain in standards-required subject matter, adequacy of student activities, functional feasibility of public
school and school district organization, adequacy of staff preparation and other matters bearing upon
the education of the students;
G. assess and evaluate all state institutions and those private schools that desire state accreditation;
H. enforce requirements for home schools. Upon finding that a home school is not in compliance with
law, the department may order that a student attend a public school or a private school;
I. require periodic reports on forms prescribed by it from all public schools and attendance reports from
private schools;
Page 3
J. determine the qualifications for and issue licenses to teachers, instructional support providers and
school administrators according to law and according to a system of classification adopted and
promulgated by rules of the department;
K. deny, suspend or revoke a license according to law for incompetency, moral turpitude or any other
good and just cause;
L. approve or disapprove all rules promulgated by an association or organization attempting to regulate
a public school activity and invalidate any rule in conflict with any rule promulgated by the department.
The department shall require an association or organization attempting to regulate a public school
activity to comply with the provisions of the Open Meetings Act [Chapter 10, Article 15 NMSA 1978] and
be subject to the inspection provisions of the Public Records Act [Chapter 14, Article 3 NMSA 1978].
The department may require performance and financial audits of an association or organization
attempting to regulate a public school activity. The department shall have no power or control over the
rules or the bylaws governing the administration of the internal organization of the association or
organization;
M. review decisions made by the governing board or officials of an organization or association
regulating a public school activity, and any decision of the department shall be final in respect thereto;
N. require a public school under its jurisdiction that sponsors athletic programs involving sports to
mandate that the participating student obtain catastrophic health and accident insurance coverage,
such coverage to be offered through the school and issued by an insurance company duly licensed
pursuant to the laws of New Mexico;
O. establish and maintain regional centers, at its discretion, for conducting cooperative services
between public schools and school districts within and among those regions and for facilitating
regulation and evaluation of school programs;
P. approve education curricula and programs offered in all two-year public post-secondary educational
institutions, except those in Chapter 21, Article 12 NMSA 1978, that lead to alternative licenses for
degreed persons pursuant to Section 22-10A-8 NMSA 1978 or licensure for educational assistants;
Q. withhold program approval from a college of education or teacher preparation program that fails to
offer a course on teaching reading that:
(1) is based upon current scientifically based reading research;
(2) aligns with department-adopted reading standards;
(3) includes strategies and assessment measures to ensure that beginning teachers are proficient in
teaching reading; and
(4) was designed after seeking input from experts in the education field;
R. annually, prior to December 1, prepare and publish a report on public and private education in the
state and distribute the report to the governor and the legislature;
S. solicit input from local school boards and school districts in the formulation and implementation of
department rules; and
T. report to the legislature or any of its committees as requested and report findings of any educational
research study made with public money to the legislature through its appropriate interim or standing
committees.
22-5-4.3. School discipline policies; students may self-administer certain medications.
A. Local school boards shall establish student discipline policies and shall file them with the department.
The local school board shall involve parents, school personnel and students in the development of these
policies, and public hearings shall be held during the formulation of these policies in the high school
Page 4
attendance areas within each school district or on a district-wide basis for those school districts that have
no high school.
C. An individual school within a school district may establish a school discipline policy, provided that
parents, school personnel and students are involved in its development and a public hearing is held in the
school prior to its adoption. If an individual school adopts a discipline policy in addition to the local school
board's school district discipline policy, it shall submit its policy to the local school board for approval.
22-12-9. Unexcused absences and truancy; attendance policies.
A. As used in this section and Sections 22-12-7 and 22-12-8 NMSA 1978:
(1) "habitual truant" means a student who has accumulated the equivalent of ten days or more of
unexcused absences within a school year;
(2) "student in need of early intervention" means a student who has accumulated five unexcused
absences within a school year; and
(3) "unexcused absence" means an absence from school or classes for which the student does not
have an allowable excuse pursuant to the Compulsory School Attendance Law or rules of the local
school board or governing authority of a charter school or private school.
B. An unexcused absence of two or more classes up to fifty percent of an instructional day shall be
counted as one-half day absence, and the unexcused absence of more than fifty percent of an
instructional day shall be counted as one full-day absence.
C. Each school district and charter school shall maintain an attendance policy that:
(1) provides for early identification of students with unexcused absences, students in need of early
intervention and habitual truants and provides intervention strategies that focus on keeping students in
need of early intervention in an educational setting and prohibit out-of-school suspension and expulsion
as the punishment for unexcused absences and habitual truancy;
(2) uses withdrawal as provided in Section 22-8-2 NMSA 1978 only after exhausting intervention efforts
to keep students in educational settings;
(3) requires that class attendance be taken for every instructional day in every public school or school
program in the school district; and
(4) provides for schools to document the following for each student identified as an habitual truant:
(a) attempts of the school to notify the parent that the student had unexcused absences;
(b) attempts of the school to meet with the parent to discuss intervention strategies; and
(c) intervention strategies implemented to support keeping the student in school.
D. The department shall review and approve school district and charter school attendance policies.
E. School districts and charter schools shall report unexcused absences and habitual truancy rates to the
department in a form and at such times as the department determines and shall document intervention
efforts made to keep students in need of early intervention and habitual truants in educational settings.
Locally chartered charter schools shall provide copies of their reports to the school district. The
department shall compile school district and charter school reports on rates of unexcused absences and
habitual truancy and require school districts and charter schools to certify that the information is being
reported consistently.
Page 5
ADMINISTRATIVE CODE
6.11.2.8 General provisions.
A. Jurisdiction over students. All officials, employees and authorized agents of the public schools whose
responsibilities include supervision of students shall have comprehensive authority within constitutional
bounds to maintain order and discipline in school. In exercising this authority, such officials, employees
and authorized agents of the public schools may exercise such powers of control, supervision, and
correction over students as may be reasonably necessary to enable them to properly perform their duties
and accomplish the purposes of education. This authority applies whenever students are lawfully subject
to the schools' control, regardless of place. During such periods, public school authorities shall have the
right to supervise and control the conduct of students, and students shall have the duty to submit to the
schools' authority. The foregoing is intended to reflect the common law regarding the rights, duties and
liabilities of public school authorities in supervising, controlling and disciplining students. Nothing herein
shall be construed as enlarging the liability of public school authorities beyond that imposed by statute,
common law or public education department rule.
B. School authority over non-students. In furtherance of the state's compelling interest in the orderly
operation of the public schools and school activities, school officials have the following forms of authority
over non-students whose actions adversely affect school operations or activities.
(1) On school property: Local school boards may prohibit entry to and provide for the removal from any
public school building or grounds of any person who refuses to identify him/herself and state a lawful
purpose for entering. Any person who refuses may be removed by school authorities, who may use
reasonable physical force to accomplish the removal. Alternately, a person who refuses and who then
refuses a lawful request to leave school premises may be subject to arrest by law officers for criminal
offenses including but not limited to criminal trespass, interference with the educational process or
disorderly conduct. A person who does identify him/herself and states a lawful purpose may
nevertheless be subject to removal by school officials for engaging in activities prohibited by this rule.
The person may also be subject to arrest by law officers if (s)he is committing any crime.
(2) Off school property: Public school authorities have indirect and limited authority over the activities of
non-students off school property. To the extent that non-students' conduct at or near schools or schoolsponsored activities may constitute a criminal offense, including the crimes of interference with the
educational process, disorderly conduct or criminal trespass (after refusing a lawful request to leave),
school authorities may request law enforcement agencies to arrest the offenders.
C. Statement of policy. A primary responsibility of the New Mexico public schools and their professional
staffs shall be to instill in students an appreciation of our representative form of government, the rights
and responsibilities of the individual or group and the legal processes whereby necessary changes are
effected.
(1) The school is a community and the rules and regulations of a school are the laws of that community.
All persons enjoying the rights of citizenship are subject to the laws of their community. Each carries
with it a corresponding obligation.
(2) The right to attend public school is not absolute. It is conditioned on each student's acceptance of
the obligation to abide by the lawful rules of the school community until and unless the rules are
changed through lawful processes.
(3) Teachers, administrators and other school employees also have rights and duties. Teachers are
required by law to maintain a suitable environment for teaming in their classes and to assist in
maintaining school order and discipline. Administrators are responsible for maintaining and facilitating
the educational program by ensuring an orderly, safe environment in the public schools. In discharging
Page 6
their duties, all school employees have the right to be free from intimidation or abuse and to have their
lawful requests and instructions followed.
(4) Nothing in this rule shall be held to affect the due process rights of school employees or their use of
any local school district grievance procedure. This rule does not address employment disputes.
D. Local school board authority: Local school boards have both the authority and the responsibility to
ensure that suitable rules of student conduct and appropriate disciplinary processes are established
within their school districts. Within legal limits as defined in Subsection L. of 6.11.2.7 NMAC above, and
subject to the minimums prescribed in this rule, local boards have discretion to develop such rules,
regulations, policies and procedures as they deem appropriate to local conditions, including policies
which afford students more protection than the minimums established here. Local school boards and
administrative authorities which deem it appropriate may provide for student, community or appropriate
state and local agency participation in the formulation and enforcement of school rules.
E. Severability: Any part of this rule found by adjudication before a competent tribunal to be contrary to
law shall be stricken without effect to the remainder.
6.12.4.8. Requirements.
Each local school board shall implement a policy that will include:
A. Prohibiting tobacco use, alcoholic beverage possession or use, and illicit drug possession or use by
students, school staff, parents, and school visitors in school buildings, on school property, and for
students at school functions away from school property.
B. Each school district shall develop a procedure for communicating this policy to students, school staff,
parents, school visitors and the community.
C. Each school district shall develop provisions for enforcement of this policy which shall include
reporting to a designated person, without fear of retaliation, any known or suspected instances of
tobacco use, alcoholic beverage or illicit drug possession or use.
D. Each school district shall conspicuously post notices on school grounds stating that the use of
tobacco and possession or use of alcoholic beverages and illicit drugs is prohibited on school grounds.
6.12.7.8 Requirements.
A. This section applies to local school boards, local school districts, and charter schools and governs
policies to be adopted and implemented by local school districts with regards to addressing bullying.
B. Each school district and charter school shall develop and implement a policy that addresses bullying,
no later than April 1, 2007.
C. Any such anti-bullying policy shall at least include, but shall not be limited to:
(1) definitions;
(2) an absolute prohibition against bullying;
(3) a method to ensure initial and annual dissemination of the anti-bullying policy to all students,
parents, teachers, administrators and all other school or district employees;
(4) procedures for reporting incidents of bullying which ensure confidentiality to those reporting bullying
incidents and protection from reprisal, retaliation or false accusation against victims, witnesses or
others with information regarding a bullying incident;
(5) consequences for bullying which include consideration of compliance with state and federal IDEA
requirements;
(6) consequences for knowingly making false reports pursuant to the anti-bullying policy;
Page 7
(7) procedures for investigation by administration of incidents reported pursuant to the anti-bullying
policy;
(8) a requirement that teachers and other school staff report any incidents of bullying; and
(9) a requirement that anti-bullying is included as part of the health education curriculum as set forth in
6.30.2.19 NMAC (content standards - health education).
6.11.2.9 Rules of conduct for New Mexico public schools.
The acts specified in Subsection A. of 6.11.2.9 NMAC below are prohibited in all the public schools of
New Mexico. Within legal limits as defined in Subsection L. of 6.11.2.7 NMAC above, local school boards
have discretion to develop rules of conduct governing all others area of student and school activity.
Scope
STATUTES
22-5A-2. Definitions.
As used in the School Alcohol-Free Zone Act:
A. "alcoholic beverage" means a beverage with no less than one-half percent alcohol and includes
wine, beer, fermented, distilled, rectified and fortified beverages; and
B. "school grounds" means public elementary and secondary schools, including charter schools and
facilities owned or leased by the school district in or on which public school-related and sanctioned
activities are performed, but does not include other commercial properties owned by a school district
but not related to the functions of a public school. "School grounds" includes the buildings, playing
fields, parking lots and other facilities located on a school's premises.
ADMINISTRATIVE CODE
A. Jurisdiction over students. All officials, employees and authorized agents of the public schools whose
responsibilities include supervision of students shall have comprehensive authority within constitutional
bounds to maintain order and discipline in school. In exercising this authority, such officials, employees
and authorized agents of the public schools may exercise such powers of control, supervision, and
correction over students as may be reasonably necessary to enable them to properly perform their duties
and accomplish the purposes of education. This authority applies whenever students are lawfully subject
to the schools' control, regardless of place. During such periods, public school authorities shall have the
right to supervise and control the conduct of students, and students shall have the duty to submit to the
schools' authority. The foregoing is intended to reflect the common law regarding the rights, duties and
liabilities of public school authorities in supervising, controlling and disciplining students. Nothing herein
shall be construed as enlarging the liability of public school authorities beyond that imposed by statute,
common law or public education department rule.
B. School authority over non-students. In furtherance of the state's compelling interest in the orderly
operation of the public schools and school activities, school officials have the following forms of authority
over non-students whose actions adversely affect school operations or activities.
(1) On school property: Local school boards may prohibit entry to and provide for the removal from any
public school building or grounds of any person who refuses to identify him/herself and state a lawful
purpose for entering. Any person who refuses may be removed by school authorities, who may use
reasonable physical force to accomplish the removal. Alternately, a person who refuses and who then
Page 8
refuses a lawful request to leave school premises may be subject to arrest by law officers for criminal
offenses including but not limited to criminal trespass, interference with the educational process or
disorderly conduct. A person who does identify him/herself and states a lawful purpose may
nevertheless be subject to removal by school officials for engaging in activities prohibited by this rule.
The person may also be subject to arrest by law officers if (s)he is committing any crime.
(2) Off school property: Public school authorities have indirect and limited authority over the activities of
non-students off school property. To the extent that non-students' conduct at or near schools or schoolsponsored activities may constitute a criminal offense, including the crimes of interference with the
educational process, disorderly conduct or criminal trespass (after refusing a lawful request to leave),
school authorities may request law enforcement agencies to arrest the offenders.
C. Statement of policy. A primary responsibility of the New Mexico public schools and their professional
staffs shall be to instill in students an appreciation of our representative form of government, the rights
and responsibilities of the individual or group and the legal processes whereby necessary changes are
effected.
(1) The school is a community and the rules and regulations of a school are the laws of that community.
All persons enjoying the rights of citizenship are subject to the laws of their community. Each carries
with it a corresponding obligation.
(2) The right to attend public school is not absolute. It is conditioned on each student's acceptance of
the obligation to abide by the lawful rules of the school community until and unless the rules are
changed through lawful processes.
(3) Teachers, administrators and other school employees also have rights and duties. Teachers are
required by law to maintain a suitable environment for teaming in their classes and to assist in
maintaining school order and discipline. Administrators are responsible for maintaining and facilitating
the educational program by ensuring an orderly, safe environment in the public schools. In discharging
their duties, all school employees have the right to be free from intimidation or abuse and to have their
lawful requests and instructions followed.
(4) Nothing in this rule shall be held to affect the due process rights of school employees or their use of
any local school district grievance procedure. This rule does not address employment disputes.
E. Severability: Any part of this rule found by adjudication before a competent tribunal to be contrary to
law shall be stricken without effect to the remainder.
6.11.2.9. Rules of conduct for New Mexico pubic schools.
A. Prohibited activities: The commission of or participation in the activities designated below is
prohibited in all New Mexico public schools and is prohibited for students whenever they are subject to
school control. Acts prohibited by this rule:
Page 9
(1) criminal or delinquent acts;

(2) gang related activity;
(3) sexual harassment;
(4) disruptive conduct;
(5) refusal to identify self; and
(6) refusal to cooperate with school personnel.
B. Regulated activities: Beyond those activities designated above as prohibited, all other areas of
student conduct may be regulated within legal limits by local school boards as they deem appropriate to
local conditions. Conduct by non students which affects school operations may be regulated within legal
limits pursuant to any of the forms of authority described in Subsection B. of 6.11.2.8 NMAC above.
Activities subject to local board regulation within legal limits include, but are not limited to:
(1) school attendance;
(2) use of and access to the public schools, including:
(a) restrictions on vehicular traffic on school property,
(b) prohibition of or conditions on the presence of non-school persons on school grounds or in
school buildings while school is in session; and
(c) reasonable standards of conduct for all persons attending school- sponsored activities or other
activities on school property;
(3) students' dress and personal appearance;
(4) use of controlled substances, alcohol and tobacco in the public schools;
(5) speech and assembly within the public schools;
(6) publications distributed in the public schools;
(7) the existence, scope and conditions of availability of student privileges, including extracurricular
activities and rules governing participation;
(8) by statute, Section 22-5-4.7 NMSA 1978, each school district is required to adopt a policy
providing for the expulsion from school, for a period of not less than one year, of any student who is
determined to have knowingly brought a weapon to a school under the jurisdiction of the local board;
the local school board or the superintendent of the school district may modify the expulsion
requirement on a case-by-case basis; the special rule provisions of Subsection D. of 6.11.2.11 NMAC
apply to students with disabilities;
(9) the discipline of students for out-of-school conduct having a direct and immediate effect on school
discipline or the general safety and welfare of the school.
Page 10
STATUTES
22-5A-4. Notices required.
A school shall conspicuously post notices on school grounds stating that possession and consumption of
alcoholic beverages is prohibited on school grounds.
ADMINISTRATIVE CODE
Page 11

ADMINISTRATIVE CODE
6.11.2.12 Procedure for detention, suspension and expulsions.
The authority of the state and of local school boards to prescribe and enforce standards of conduct for
public school students must be exercised consistently with constitutional safeguards of individual student
rights
C. Immediate removal: Students whose presence poses a continuing danger to persons or property or
an ongoing threat of interfering with the educational process may be immediately removed from school,
subject to the following rules.
(1) A rudimentary hearing, as required for temporary suspensions, shall follow as soon as possible.
(2) Students shall be reinstated after no more than one school day unless within that time a temporary
suspension is also imposed after the required rudimentary hearing. In such circumstances, a single
hearing will support both the immediate removal and a temporary suspension imposed in connection
with the same incident(s).
(3) The school shall exert reasonable efforts to inform the student's parent of the charges against the
student and the action taken as soon as practicable. If the school has not communicated with the
parent by telephone or in person by the end of the school day following the immediate removal, the
school shall on that day mail a written notice with the required information to the parent's address of
record.
ADMINISTRATIVE CODE
rights
E. In-school suspension.
(1) In-school suspension may be imposed with or without further restriction of student privileges. Any
student who is placed in an in-school suspension which exceeds ten (10) school days must be
provided with an instructional program that meets both state and local educational requirements.
Student privileges, however, may be restricted for longer than ten (10) school days.
(2) In-school suspensions of any length shall be accomplished according to the procedures for a
temporary suspension as set forth above. A local school board may limit the length of in-school
suspensions which may be accomplished under temporary suspension procedures. No in-school
suspension student shall be denied an opportunity to eat lunch or reasonable opportunities to go to
the restroom.
Page 12
F. Detention.
(1) Detention may be imposed in connection with in-school suspension, but is distinct from in-school
suspension in that it does not entail removing the student from any of his or her regular classes.
(2) The authority of the schools to supervise and control the conduct of students includes the authority
to impose reasonable periods of detention during the day or outside normal school hours as a
disciplinary measure. No detained student shall be denied an opportunity to eat lunch or reasonable
opportunities to go to the restroom. Reasonable periods of detention may be imposed in accordance
with the procedures for temporary suspension.

STATUTES
B. Each school district discipline policy shall establish rules of conduct governing areas of student and
school activity, detail specific prohibited acts and activities and enumerate possible disciplinary sanctions,
which sanctions may include in-school suspension, school service, suspension or expulsion. Corporal
punishment shall be prohibited by each local school board and each governing body of a charter school.
ADMINSTRATIVE CODE
6.11.2.10 Enforcing rules of conduct.
E. Corporal punishment: Corporal punishment shall not be utilized as a means of enforcing rules of
conduct in public schools.

ADMINISTRATIVE CODE
B. Search and seizure: School property assigned to a student and a students person or property while
under the authority of the public schools are subject to search, and items found are subject to seizure, in
accordance with the requirements below.
(5) Seizure of items: Illegal items, legal items which threaten the safety or security of others and items
which are used to disrupt or interfere with the educational process may be seized by authorized
persons. Seized items shall be released to appropriate authorities or a student's parent or returned to
the student when and if the administrative authority deems appropriate.

ADMINISTRATIVE CODE
6.11.2.12 Procedure for detentions, suspensions, and expulsions.
rights. The right to a public education is not absolute; it may be taken away, temporarily or permanently,
for violations of school rules. But it is a property right which may only be denied where school authorities
have adhered to the minimum procedural safeguards required to afford the student due process of law.
Page 13
This section prescribes minimum requirements for detention, in-school suspension and temporary, longterm or permanent removal of students from the public schools. Local school boards may adopt
procedures which afford students more protection than this rule requires. The procedures in this section
apply only to disciplinary detentions, suspensions and expulsions. They do not apply to disenrollment of
students who fail to meet immunization, age, residence or other requirements for valid enrollment, nor to
the removal from school membership reports of students who have been absent from school for ten (10)
consecutive school days in accordance with Subsection B of Section 22-8-2 NMSA 1978. Nothing in this
section should be construed as prohibiting school boards or administrative authorities from involving other
school staff, students and members of the community in the enforcement of rules of student conduct to
the extent they believe is appropriate.
F. Detention.
Page 14

STATUTES
no high school.

STATUTES
22-5-4.7. Additional student discipline policies; weapon-free schools.
A. In addition to other student discipline policies, each school district shall adopt a policy providing for the
expulsion from school, for a period of not less than one year, of any student who is determined to have
knowingly brought a weapon to a school under the jurisdiction of the local board. The local school board
or the superintendent of the school district may modify the expulsion requirement on a case-by-case
basis.
ADMINISTRATIVE CODE
6.11.2.9. Rules of conduct for New Mexico public schools.
B. Regulated activities: Beyond those activities designated above as prohibited, all other areas of student
conduct may be regulated within legal limits by local school boards as they deem appropriate to local
conditions. Conduct by non students which affects school operations may be regulated within legal limits
pursuant to any of the forms of authority described in Subsection B. of 6.11.2.8 NMAC above. Activities
subject to local board regulation within legal limits include, but are not limited to:
(8) by statute, Section 22-5-4.7 NMSA 1978, each school district is required to adopt a policy providing
for the expulsion from school, for a period of not less than one year, of any student who is determined
to have knowingly brought a weapon to a school under the jurisdiction of the local board; the local
school board or the superintendent of the school district may modify the expulsion requirement on a
case-by-case basis; the special rule provisions of Subsection D. of 6.11.2.11 NMAC apply to students
with disabilities;
Page 15

STATUTES
basis.
ADMINISTRATIVE CODE
6.11.2.10. Enforcing rules of conduct.
G. Discipline of students with disabilities: Students with disabilities are not immune from school
disciplinary processes, nor are they entitled to remain in a particular educational program when their
behavior substantially impairs the education of other children in the program. However, the public schools
are required by state law and regulations to meet the individual educational needs of students with
disabilities to the extent that current educational expertise permits. Public school personnel may consider
any unique circumstances on a case-by-case basis when determining whether a change of placement,
consistent with the other requirements of 6.11.2.11 NMAC, is appropriate for a student with a disability
who violates a code of conduct as provided in 34 CFR Sec. 300.530.
(1) Long-term suspensions or expulsions of students with disabilities shall be governed by the
procedures set forth in Section 6.11.2.11 NMAC below.
(2) Temporary suspensions of students with disabilities may be imposed in accordance with the normal
procedures prescribed in Subsection D of Section 6.11.2.12 NMAC below, provided that the student is
returned to the same educational placement after the temporary suspension and unless a temporary
suspension is prohibited under the provisions of Subsection G, Paragraph (3) of 6.11.2.10 NMAC
below.
Page 16
(3) Program prescriptions. A student with a disability's individualized education program (IEP), under
the Individuals with Disabilities Education Improvement Act of 2004 (IDEA), need not affirmatively
authorize disciplinary actions which are not otherwise in conflict with this rule. However, the IEP team
may prescribe or prohibit specified disciplinary measures for an individual student with a disability by
including appropriate provisions in the student's IEP. Administrative authorities shall adhere to any such
provisions contained in a student with a disability's IEP, except that an IEP team may not prohibit the
initiation of proceedings for long-term suspension or expulsion which are conducted in accordance with
this rule.
(4) Immediate removal. Immediate removal of students with disabilities may be done in accordance with
the procedures of Subsection C of Section 6.11.2.12 NMAC below.
(5) A student who has not been determined to be eligible for special education and related services
under 6.31.2 NMAC and who has engaged in behavior that violated a code of student conduct may
assert any of the protections provided for in this subsection if the conditions set forth in 34 CFR Sec.
300.534 have been met.
(a) Nothing in these rules of conduct prohibits an administrative authority from reporting a crime
committed by a student with a disability to appropriate authorities or prevents state law enforcement
and judicial authorities from exercising their responsibilities with regard to the application of federal
and state law to crimes committed by a student with a disability.
(b) Transmittal of records.
(i) An administrative authority reporting a crime committed by a student with a disability must ensure
that copies of the special education and disciplinary records of the student are transmitted, for
consideration by the appropriate authorities, to whom the administrative authority reports the crime.
(ii) An administrative authority reporting a crime under this section may transmit copies of the
students special education and disciplinary records only to the extent that the transmission is
permitted by the Family Educational Rights and Privacy Act.

ADMINISTRATIVE CODE
rights. The right to a public education is not absolute; it may be taken away, temporarily or permanently,
for violations of school rules. But it is a property right which may only be denied where school authorities
have adhered to the minimum procedural safeguards required to afford the student due process of law.
This section prescribes minimum requirements for detention, in-school suspension and temporary, longterm or permanent removal of students from the public schools. Local school boards may adopt
procedures which afford students more protection than this rule requires. The procedures in this section
apply only to disciplinary detentions, suspensions and expulsions. They do not apply to disenrollment of
students who fail to meet immunization, age, residence or other requirements for valid enrollment, nor to
the removal from school membership reports of students who have been absent from school for ten (10)
consecutive school days in accordance with Subsection B of Section 22-8-2 NMSA 1978. Nothing in this
section should be construed as prohibiting school boards or administrative authorities from involving other
school staff, students and members of the community in the enforcement of rules of student conduct to
the extent they believe is appropriate.
Page 17
A. Post-suspension placement of students. Any student suspended from school shall be delivered
directly by a school official to the student's parent(s), legal guardian or an adult designated by the
parent(s) or the legal guardian, or kept on school grounds until the usual end of the school day.
B. Students with disabilities. This section does not apply to long-term suspension or expulsion of
students who are disabled pursuant to the IDEA or Section 504. The procedures for long-term
suspension or expulsion of disabled students are set forth in Section 6.11.2.11 NMAC above. School
personnel under this section may remove a student with a disability who violates a rule of student
conduct from his or her current placement to an appropriate interim alternative educational setting,
another setting, or suspension, for not more than 10 consecutive school days (to the extent those
alternatives are applied to students without disabilities), and for additional removals of not more than 10
consecutive school days in that same school year for separate incidents of misconduct (as long as
those removals do not constitute a change of placement under Subsection G of 6.11.2.11 NMAC
above).
C. Immediate removal: Students whose presence poses a continuing danger to persons or property or
an ongoing threat of interfering with the educational process may be immediately removed from school,
subject to the following rules.
(1) A rudimentary hearing, as required for temporary suspensions, shall follow as soon as possible.
(2) Students shall be reinstated after no more than one school day unless within that time a temporary
suspension is also imposed after the required rudimentary hearing. In such circumstances, a single
hearing will support both the immediate removal and a temporary suspension imposed in connection
with the same incident(s).
(3) The school shall exert reasonable efforts to inform the student's parent of the charges against the
student and the action taken as soon as practicable. If the school has not communicated with the
parent by telephone or in person by the end of the school day following the immediate removal, the
record.
D. Temporary suspension.
(1) A local school board may limit temporary suspensions to periods shorter than ten (10) school
days.
(2) A student facing temporary suspension shall first be informed of the charges against him or her
and, if (s)he denies them, shall be told what evidence supports the charge(s) and be given an
opportunity to present his or her version of the facts. The following rules apply.
(a) The hearing may be an informal discussion and may follow immediately after the notice of the
charges is given.
(b) Unless the administrative authority decides a delay is essential to permit a fuller exploration of
the facts, this discussion may take place and a temporary suspension may be imposed within minutes
after the alleged misconduct has occurred.
(c) A student who denies a charge of misconduct shall be told what act(s) (s)he is accused of
committing, shall be given an explanation of the evidence supporting the accusation(s) and shall then be
given the opportunity to explain his or her version of the facts. The administrative authority is not required
to divulge the identity of informants, although (s)he should not withhold such information without good
cause. (S)he is required to disclose the substance of all evidence on which (s)he proposes to base a
decision in the matter.
(d) The administrative authority is not required to allow the student to secure counsel, to confront or
cross-examine witnesses supporting the charge(s), or to call witnesses to verify the student's version of
the incident, but none of these is prohibited.
Page 18
(e) The school shall exert reasonable efforts to inform the student's parent of the charges against
the student and their possible or actual consequence as soon as practicable. If the school has not
communicated with the parent by telephone or in person by the end of the first full day of suspension, the
record.
the restroom.
F. Detention.
G. Long-term suspension and expulsion.
(1) Each local school board shall authorize appropriate administrative authorities to initiate procedures
leading to long-term suspension or expulsion. Where prompt action to suspend a student long-term is
deemed appropriate, a temporary suspension may be imposed while the procedures for long-term
suspension or expulsion are activated. However, where a decision following the required formal
hearing is delayed beyond the end of the temporary suspension, the student must be returned to
school pending the final outcome unless the provisions of Subsection G, Paragraph (4),
Subparagraphs (j) and (k) of Section 6.11.2.12 NMAC below apply.
(2) A student who has been validly expelled or suspended is not entitled to receive any educational
services from the local district during the period of the exclusion from school. A local school board
may provide alternative arrangements, including correspondence courses at the student's or parent's
expense pursuant to public education department requirements, if the board deems such
arrangements appropriate.
(3) Each local school board shall establish, or shall authorize appropriate administrative authorities to
establish, appropriate processes for handling long-term suspensions and expulsions. Unless the
terms expressly indicate otherwise, nothing in the procedures below shall be construed as directing
that any required decision be made by any particular person or body or at any particular level of
administrative organization.
(4) The following rules shall govern the imposition of long-term suspensions or expulsions:
(a) Hearing authority; disciplinarian. The same person or group may, but need not, perform the
functions of both hearing authority and disciplinarian. Where the functions are divided, the hearing
authority's determination of the facts is conclusive on the disciplinarian, but the disciplinarian may
reject any punishment recommended by the hearing authority.
Page 19
(b) Review authority. Unless the local school board provides otherwise, a review authority shall have
discretion to modify or overrule the disciplinarian's decision, but may not impose a harsher
punishment. A review authority shall be bound by a hearing authority's factual determinations
except as provided in Subsection G, Paragraph (4), Subparagraph (o) of Section 6.11.2.12 NMAC
below.
(c) Disqualification. No person shall act as hearing authority, disciplinarian or review authority in a
case where (s)he was directly involved in or witnessed the incident(s) in question, or if (s)he has
prejudged disputed facts or is biased for or against any person who will actively participate in the
proceedings.
(d) Local board participation. A local board may act as hearing authority, disciplinarian or review
authority for any cases involving proposed long-term suspensions or expulsions. Whenever a
quorum of the local board acts in any such capacity, however, the Open Meetings Act, Section 1015-1 et seq., NMSA 1978 requires a public meeting.
(e) Initiation of procedures. An authorized administrative authority shall initiate procedures for longterm suspension or expulsion of a student by designating a hearing authority and disciplinarian in
accordance with local board policies, scheduling a formal hearing in consultation with the hearing
authority and preparing and serving a written notice meeting the requirements of Subsection G,
Paragraph (4), Subparagraph (h) of Section 6.11.2.12 NMAC below.
(f) Service of notice. The written notice shall be addressed to the student, through his or her
parent(s), and shall be served upon the parent(s) personally or by mail.
(g) Timing of hearing. The hearing shall be scheduled no sooner than five (5) nor later than ten (10)
school days from the date of receipt of the notice by the parent(s). The hearing authority may grant
or deny a request to delay the hearing in accordance with the provisions of Subsection G,
Paragraph (4), Subparagraph (i) of Section 6.11.2.12 NMAC below.
(h) Contents of notice. The written notice must contain all of the following information, parts of which
may be covered by appropriate reference to copies of any policies or regulations furnished with the
notice:
(i) the school rule(s) alleged to have been violated, a concise statement of the alleged act(s) of the
student on which the charge(s) are based and a statement of the possible penalty;
(ii) the date, time and place of the hearing, and a statement that both the student and parent are
entitled and urged to be present;
(iii) a clear statement that the hearing will take place as scheduled unless the hearing authority
grants a delay or the student and parent agree to waive the hearing and comply voluntarily with
the proposed disciplinary action or with a negotiated penalty, and a clear and conspicuous
warning that a failure to appear will not delay the hearing and may lead to the imposition of the
proposed penalty by default;
(iv) a statement that the student has the right to be represented at the hearing by legal counsel, a
parent or some other representative designated in a written notice filed at least seventy-two (72)
hours before the hearing with the contact person named pursuant to Subsection G, Paragraph
(4), Subparagraph (h), Sub-subparagraph (vi) of Section 6.11.2.12 NMAC below;
(v) a description of the procedures governing the hearing;
(vi) the name, business address and telephone number of a contact person through whom the
student, parent or designated representative may request a delay or seek further information,
including access to any documentary evidence or exhibits which the school proposes to introduce
at the hearing; and
Page 20
(vii) any other information, materials or instructions deemed appropriate by the administrative
authority who prepares the notice.
(i) Delay of hearing. The hearing authority shall have discretion to grant or deny a request by the
student or the appropriate administrative authority to postpone the hearing. Such discretion may be
limited or guided by local school board policies not otherwise inconsistent with this rule.
(j) Students status pending hearing. Where a student has been suspended temporarily and a formal
hearing on long-term suspension or expulsion will not occur until after the temporary suspension
has expired, the student shall be returned to school at the end of the temporary suspension unless:
(i) the provisions of Subsection G, Paragraph (4), Subparagraph (k) of Section 6.11.2.12 NMAC
below apply, or
(ii) the student and parent(s) have knowingly and voluntarily waived the students right to return to
school pending the outcome of the formal proceedings, or
(iii) the appropriate administrative authority has conducted an interim hearing pursuant to a written
local school board policy made available to the student which affords further due process
protection sufficient to support the student's continued exclusion pending the outcome of the
formal procedures.
(k) Waiver of hearing; voluntary compliance or negotiated penalty. A student and his or her
parent(s) may elect to waive the formal hearing and review procedures and comply voluntarily with
the proposed penalty, or may waive the hearing and review and negotiate a mutually acceptable
penalty with the designated disciplinarian. Such a waiver and compliance agreement shall be made
voluntarily, with knowledge of the rights being relinquished, and shall be evidenced by a written
document signed by the student, the parent(s), and the appropriate school official.
(l) Procedure for hearing and decision. The formal hearing is not a trial. It is an administrative
hearing designed to ensure a calm, orderly determination by an impartial hearing authority of the
facts of a case of alleged serious misconduct. Technical rules of evidence and procedure do not
apply. The following-rules govern the conduct of the hearing and the ultimate decision.
(i) The school shall have the burden of proof of misconduct.
(ii) The student and his or her parent shall have the following rights: The right to be represented
by legal counsel or other designated representative, however, the school is not required to
provide representation; the right to present evidence, subject to reasonable requirements of
substantiation at the discretion of the hearing authority and subject to exclusion of evidence
deemed irrelevant or redundant; the right to confront and cross-examine adverse witnesses,
subject to reasonable limitation by the hearing authority; the right to have a decision based solely
on the evidence presented at the hearing and the applicable legal rules, including the governing
rules of student conduct.
(iii) The hearing authority shall determine whether the alleged act(s) of misconduct have been
proved by a preponderance of the evidence presented at a hearing at which the student or a
designated representative have appeared.
(iv) If no one has appeared on the students behalf within a reasonable time after the announced
time for the hearing, the hearing authority shall determine whether the student, through the
parent, received notice of the hearing. If so, the hearing authority shall review the schools'
evidence to determine whether it is sufficient to support the charges(s) of misconduct.
(v) A hearing authority who is also a disciplinarian shall impose an appropriate sanction if (s)he
finds that the allegations of misconduct have been proved under the standards of either
Subsection G, Paragraph (4), Subparagraph (l), Sub-subparagraph (iii) or Sub-subparagraph (iv)
of Section 6.11.2.12 NMAC above. A hearing authority who is not a disciplinarian shall report its
Page 21
findings, together with any recommended sanction, to the disciplinarian promptly after the
hearing.
(vi) Arrangements to make a tape recording or keep minutes of the proceedings shall be made by
the administrative authority who scheduled the hearing and prepared the written notice. A
verbatim written transcript is not required, but any minutes or other written record shall fairly
reflect the substance of the evidence presented.
(vii) The hearing authority may announce a decision on the question of whether the allegation(s)
of misconduct have been proved at the close of the hearing. A hearing authority who is also a
disciplinarian may also impose a penalty at the close of the hearing.
(viii) In any event, the hearing authority shall prepare and mail or deliver to the student, through
the parent, a written decision within five (5) working days after the hearing. The decision shall
include a concise summary of the evidence upon which the hearing authority based its factual
determinations. A hearing authority who is also a disciplinarian shall include in the report a
statement of the penalty, if any, to be imposed, and shall state reasons for the chosen penalty. A
hearing authority who is not a disciplinarian shall forward a copy of his or her written decision to
the disciplinarian forthwith. The disciplinarian shall prepare a written decision, including reasons
for choosing any penalty imposed, and mail or deliver it to the student, through the parent, within
five (5) working days of receipt of the hearing authority's report.
(ix) A disciplinarian who is not a hearing authority may observe but not participate in the
proceedings at a formal hearing. If the disciplinarian has done so and if the hearing authority
announces a decision at the close of the hearing, the disciplinarian may also announce his or her
decision at that time.
(x) The disciplinarian's decision shall take effect immediately upon initial notification to the parent,
either at the close of the hearing or upon receipt of the written decision. If initial notification is by
mail, the parent shall be presumed to have received the notice on the fifth calendar day after the
date of mailing unless a receipt for certified mail, if used, indicates a different date of receipt.
(m) Effect of decision. If the hearing authority decides that no allegation(s) of misconduct have been
proved, or if the disciplinarian declines to impose a penalty despite a finding that an act or acts of
misconduct have been proved, the matter shall be closed. If the disciplinarian imposes any sanction
on the student, the decision shall take effect immediately upon notification to the parent and shall
continue in force during any subsequent review.
(n) Right of review. Unless the local school board was the disciplinarian, a student aggrieved by a
disciplinarian's decision after a formal hearing shall have the right to have the decision reviewed if
the penalty imposed was at least as severe as a long-term suspension or expulsion, an in-school
suspension exceeding one school semester or a denial or restriction of student privileges for one
semester or longer. A local school board may grant a right of review for less severe penalties. Local
school boards shall establish appropriate mechanisms for review except where the local board was
the disciplinarian, in which case its decision is final and not reviewable administratively. A student
request for review must be submitted to the review authority within ten (10) school days after the
student is informed of the disciplinarian's decision.
(o) Conduct of review. Unless the local board provides otherwise, a review authority shall have
discretion to modify the disciplinarian's decision, including imposing any lesser sanction deemed
appropriate. A review authority shall be bound by the hearing authority's factual determinations
unless the student persuades the review authority that a finding of fact was arbitrary, capricious or
unsupported by substantial evidence or that new evidence which has come to light since the
hearing and which could not with reasonable diligence have been discovered in time for the hearing
would manifestly change the factual determination. Upon any such finding, the review authority
Page 22
shall have discretion to receive new evidence, reconsider evidence introduced at the hearing or
conduct a de novo hearing. In the absence of any such finding, the review shall be limited to an
inquiry into the appropriateness of the penalty imposed.
(p) Form of review. Unless the local board provides otherwise, a review authority shall have
discretion to conduct a review on the written record of the hearing and decision in the case, to limit
new submissions by the aggrieved student and school authorities to written materials or to grant a
conference or hearing at which the student and his or her representative, and school authorities
may present their respective views in person. Where a conference or hearing is granted, the
record-keeping requirements of Subsection G., Paragraph (4), Sub-paragraph (l), Sub-subparagraph (vi) of Section 6.11.2.12 NMAC above apply.
(q) Timing of review. Except in extraordinary circumstances, a review shall be concluded no later
than fifteen (15) working days after a student's written request for review is received by the
appropriate administrative authority.
(r) Decision. A review authority may announce a decision at the close of any conference or hearing
held on review. In any event, the review authority shall prepare a written decision, including concise
reasons, and mail or deliver it to the disciplinarian, the hearing authority and the student, through
the parent, within ten (10) working days after the review is concluded.
(s) Effect of decision. Unless the local school board provides otherwise, a review authority's
decision shall be the final administrative action to which a student is entitled.
ADMINISTRATIVE CODE
rights
the restroom.

ADMINISTRATIVE CODE
Page 23
below.

STATUTES
B. Student discipline policies shall also provide for placement in an alternative educational setting, for not
more than forty-five days, of any student with a disability who is determined to have knowingly brought a
weapon to a school under the jurisdiction of the local board. If a parent or guardian of the student
requests a due process hearing, then the student shall remain in the alternative educational setting during
the pendency of any proceeding, unless the parent or guardian and the school district agree otherwise.
ADMINISTRATIVE CODE
6.11.2.12. Procedure for detention, suspension and expulsions.
(2) A student who has been validly expelled or suspended is not entitled to receive any educational
services from the local district during the period of the exclusion from school. A local school board may
provide alternative arrangements, including correspondence courses at the student's or parent's
expense pursuant to public education department requirements, if the board deems such arrangements
appropriate.
Page 24

Conditions
STATUTES
basis.
C. For the purposes of this section, "weapon" means:
(1) any firearm that is designed to, may readily be converted to or will expel a projectile by the action of
an explosion; and
(2) any destructive device that is an explosive or incendiary device, bomb, grenade, rocket having a
propellent charge of more than four ounces, missile having an explosive or incendiary charge of more
than one-quarter-ounce, mine or similar device.
ADMINISTRATIVE CODE
6.11.2.9 Rules of conduct for New Mexico public schools
B. Regulated activities: Beyond those activities designated above as prohibited, all other areas of student
conduct may be regulated within legal limits by local school boards as they deem appropriate to local
conditions. Conduct by non students which affects school operations may be regulated within legal limits
pursuant to any of the forms of authority described in Subsection B. of 6.11.2.8 NMAC above. Activities
subject to local board regulation within legal limits include, but are not limited to:
(8) by statute, Section 22-5-4.7 NMSA 1978, each school district is required to adopt a policy providing
for the expulsion from school, for a period of not less than one year, of any student who is determined
to have knowingly brought a weapon to a school under the jurisdiction of the local board; the local
school board or the superintendent of the school district may modify the expulsion requirement on a
case-by-case basis; the special rule provisions of Subsection D. of 6.11.2.11 NMAC apply to students
with disabilities;
Other weapons
STATUTES
basis.
C. For the purposes of this section, "weapon" means:
Page 25
(1) any firearm that is designed to, may readily be converted to or will expel a projectile by the action of
an explosion; and
(2) any destructive device that is an explosive or incendiary device, bomb, grenade, rocket having a
propellent charge of more than four ounces, missile having an explosive or incendiary charge of more
than one-quarter-ounce, mine or similar device.
ADMINSTRATIVE CODE

STATUTES
22-12-7. Enforcement of attendance law ; habitual truants; penalty.
A. Each local school board and each governing body of a charter school or private school shall initiate the
enforcement of the provisions of the Compulsory School Attendance Law for students enrolled in their
respective schools.
B. To initiate enforcement of the provisions of the Compulsory School Attendance Law against an
habitual truant, a local school board or governing body of a charter school or private school or its
authorized representatives shall give written notice of the habitual truancy by mail to or by personal
service on the parent of the student subject to and in noncompliance with the provisions of the
Compulsory School Attendance Law . The notice shall include a date, time and place for the parent to
meet with the local school district, charter school or private school to develop intervention strategies that
focus on keeping the student in an educational setting.
C. If unexcused absences continue after written notice of habitual truancy as provided in Subsection B of
this section has occurred, the student shall be reported to the probation services office of the judicial
district where the student resides for an investigation as to whether the student shall be considered to be
a neglected child or a child in a family in need of services because of habitual truancy and thus subject to
the provisions of the Children's Code [Chapter 32A NMSA 1978]. The probation services office may send
a written notice to a parent of the student directing the parent and student to report to the probation
services office to discuss services for the student or the family. In addition to any other disposition, the
children's court may order the habitual truant's driving privileges to be suspended for a specified time not
to exceed ninety days on the first finding of habitual truancy and not to exceed one year for a subsequent
finding of habitual truancy.
D. If, after review by the juvenile probation office where the student resides, a determination and finding is
made that the habitual truancy by the student may have been caused by the parent of the student, then
the matter will be referred by the juvenile probation office to the district attorney's office or any law
enforcement agency having jurisdiction for appropriate investigation and filing of charges allowed under
the Compulsory School Attendance Law . Charges against the parent may be filed in metropolitan court,
magistrate court or district court.
Page 26
E. A parent of the student who, after receiving written notice as provided in Subsection B of this section
and after the matter has been reviewed in accordance with Subsection D of this section, knowingly allows
the student to continue to violate the Compulsory School Attendance Law shall be guilty of a petty
misdemeanor. Upon the first conviction, a fine of not less than twenty-five dollars ($25.00) or more than
one hundred dollars ($100) may be imposed, or the parent of the student may be ordered to perform
community service. If violations of the Compulsory School Attendance Law continue, upon the second
and subsequent convictions, the parent of the student who knowingly allows the student to continue to
violate the Compulsory School Attendance Law shall be guilty of a petty misdemeanor and shall be
subject to a fine of not more than five hundred dollars ($500) or imprisonment for a definite term not to
exceed six months or both.
F. The provisions of this section shall apply beginning July 1, 2004.

STATUTES
respective schools.
Page 27
22-12-8. Early identification; unexcused absences and truancy.
Notwithstanding the provisions of Section 22-12-7 NMSA 1978, if a student is in need of early
intervention, the school district, charter school or private school shall contact the student's parent to
inform the parent that the student has unexcused absences from school and to discuss possible
interventions. The provisions of this section do not apply to any absence if the parent has contacted the
school to explain the absence.
Page 28
ADMINISTRATIVE CODE
A. Enforcing attendance requirements. Formal enforcement action under the Compulsory School
Attendance Law, supra, and the Family Services Act, Section 32A-3A-1 et seq. NMSA 1978 shall be
initiated whenever a student's absences indicate that the law is being violated. An administrative authority
who has reason to believe a student is violating local school board attendance policies may take
whatever further disciplinary action is deemed appropriate under local policies.
Substance use
STATUTES
22-5A-2. Definitions.
As used in the School Alcohol-Free Zone Act:
A. "alcoholic beverage" means a beverage with no less than one-half percent alcohol and includes
wine, beer, fermented, distilled, rectified and fortified beverages; and
B. "school grounds" means public elementary and secondary schools, including charter schools and
facilities owned or leased by the school district in or on which public school-related and sanctioned
activities are performed, but does not include other commercial properties owned by a school district
but not related to the functions of a public school. "School grounds" includes the buildings, playing
fields, parking lots and other facilities located on a school's premises.
22-5A-3. Alcoholic beverages prohibited on public school grounds.
It is unlawful to possess or consume alcoholic beverages on public school grounds.
22-5A-5. Penalties.
A. A person convicted of consumption or possession of an alcoholic beverage on school property for the
first offense is guilty of a petty misdemeanor and subject to a fine of not less than twenty-five dollars
($25.00) or more than one hundred dollars ($100) and may be ordered to perform community service.
B. A person convicted of consumption or possession of an alcoholic beverage on school property for the
second or a subsequent offense is guilty of a misdemeanor and subject to a fine of not more than five
hundred dollars ($500) or imprisonment for a definite term not to exceed six months, or both.
22-10A-32. Licensed school employees; required training program.
A. All licensed school employees shall be required to complete training in the detection and reporting of
child abuse and neglect and substance abuse. This requirement shall be completed within the licensed
school employee's first year of employment by a school district.
B. Pursuant to the policy and rules adopted by the state board, the department shall develop a training
program, including training materials and necessary training staff, to meet the requirement of Subsection
A of this section to make the training available in every school district. The department shall coordinate
the development of the program with appropriate staff at the human services department and the
department of health.
Page 29
C. The training program developed pursuant to this section shall be made available by the department to
the deans of every college of education in New Mexico for use in providing such training to students
seeking elementary and secondary education licensure.
ADMINISTRATIVE CODE
6.11.2.9. Rules of conduct for New Mexico pubic schools.
Page 30
(9) the discipline of students for out-of-school conduct having a direct and immediate effect on school
6.12.4.6 OBJECTIVE: The purpose of this rule is to prohibit the use of tobacco products, alcoholic
beverages and illicit drugs in school buildings, on school property, and for students at school functions
away from school property.
6.12.4.7. Definitions.
A. Alcoholic beverage means a beverage with no less than one-half percent alcohol and includes wine,
beer, fermented, distilled, rectified and fortified beverages.
B. Illicit drugs means steroids and prescription and over-the-counter medications being used for an
abusive purpose or when they are not used in compliance with the prescription or directions for use and
are not being used to treat a current health condition of the student.
C. Mood-altering substances means substances that include, but are not limited to paint, glue, aerosol
sprays and similar substances.
D. Tobacco means substances that include, but are not limited to cigarettes, cigars, chewing tobacco,
dipping tobacco, snuff and similar substances.
C. Each school district shall develop provisions for enforcement of this policy which shall include reporting
to a designated person, without fear of retaliation, any known or suspected instances of tobacco use,
alcoholic beverage or illicit drug possession or use.
D. Each school district shall conspicuously post notices on school grounds stating that the use of tobacco
and possession or use of alcoholic beverages and illicit drugs is prohibited on school grounds.

STATUTES
22-2-21. Bullying prevention programs.
The department shall establish guidelines for bullying prevention policies to be promulgated by local
school boards. Every local school board shall promulgate a bullying prevention policy by August 2011.
Every public school shall implement a bullying prevention program by August 2012.
ADMINISTRATIVE CODE
6.12.7.7. Definitions.
A. Bullying means any repeated and pervasive written, verbal or electronic expression, physical act or
gesture, or a pattern thereof, that is intended to cause distress upon one or more students in the school,
on school grounds, in school vehicles, at a designated bus stop, or at school activities or sanctioned
events. Bullying includes, but is not limited to, hazing, harassment, intimidation or menacing acts of a
Page 31
student which may, but need not be based on the students race, color, sex, ethnicity, national origin,
religion, disability, age or sexual orientation.
B. "Department means the public education department.
C. Harassment means knowingly pursuing a pattern of conduct that is intended to annoy, alarm or
terrorize another person.
D. IDEA means the federal Individuals with Disabilities Education Act, 20 USC Secs. 1401 and
following, including future amendments.
E. "Local school board" means the governing body of a school district or charter school.
F. "School district" means an area of land established as a political subdivision of the state for the
administration of public schools and segregated geographically for taxation and bonding purposes.
(1) definitions;
requirements;
policy;

ADMINISTRATIVE CODE
6.11.2.9. Rules of conduct for New Mexico public schools.
Page 32

.(9) the discipline of students for out-of-school conduct having a direct and immediate effect on school
Page 33

Prevention
STATUTES

STATUTES
Page 34
STATUTES
22-10A-32. Licensed school employees; required training program.
A. All licensed school employees shall be required to complete training in the detection and reporting of
child abuse and neglect and substance abuse. This requirement shall be completed within the licensed
school employee's first year of employment by a school district.
B. Pursuant to the policy and rules adopted by the state board, the department shall develop a training
program, including training materials and necessary training staff, to meet the requirement of Subsection
A of this section to make the training available in every school district. The department shall coordinate
the development of the program with appropriate staff at the human services department and the
department of health.
C. The training program developed pursuant to this section shall be made available by the department to
the deans of every college of education in New Mexico for use in providing such training to students
seeking elementary and secondary education licensure.
Page 35

STATUTES
22-10A-33. Violence; vandalism; reporting.
A. A school administrator, teacher or other school employee who observes or has direct knowledge from
a participant or victim of an act of violence upon a school administrator, teacher or other school employee
in the lawful discharge of his duties or vandalism to public school property shall file an incident report
describing the incident pursuant to procedures established by the department.
B. A person who files an incident report pursuant to this section shall not be discriminated against in any
manner or discharged by a local superintendent because he has filed that report.
C. The department shall establish uniform reporting procedures for incidents of violence or vandalism
described in Subsection A of this section. The procedures shall include requirements for:
(1) incidents to be reported, incident description and report on action taken in response to the reported
incident;
(2) annual incident reports by local superintendents of all reported incidents to local school boards;
(3) annual incident reports by local school boards of all reported incidents to the state superintendent
[secretary]; and
(4) annual incident reports by the state superintendent of all reported incidents to the state board
[department]. The annual incident report filed with that board shall be summarized and submitted to an
appropriate interim committee of the legislature with recommendations to decrease the incidence of
violence and vandalism in the public schools.
ADMINISTRATIVE CODE
(1) definitions;
requirements;
Page 36
policy;
STATUTES
ADMINISTRATIVE CODE
D. Temporary suspension.
(1) A local school board may limit temporary suspensions to periods shorter than ten (10) school days.
(2) A student facing temporary suspension shall first be informed of the charges against him or her and,
if (s)he denies them, shall be told what evidence supports the charge(s) and be given an opportunity to
present his or her version of the facts. The following rules apply.
(e) The school shall exert reasonable efforts to inform the student's parent of the charges against the
student and their possible or actual consequence as soon as practicable. If the school has not
communicated with the parent by telephone or in person by the end of the first full day of suspension,
the school shall on that day mail a written notice with the required information to the parent's address
of record.
(f) Service of notice. The written notice shall be addressed to the student, through his or her parent(s),
and shall be served upon the parent(s) personally or by mail.

STATUTES
respective schools.
Page 37
ADMINISTRATIVE CODE
A. Enforcing attendance requirements. Formal enforcement action under the Compulsory School
Attendance Law, supra, and the Family Services Act, Section 32A-3A-1 et seq. NMSA 1978 shall be
initiated whenever a student's absences indicate that the law is being violated. An administrative authority
who has reason to believe a student is violating local school board attendance policies may take
whatever further disciplinary action is deemed appropriate under local policies.
(1) Notice of search policy. Students shall be given reasonable notice, through distribution of written
policies or otherwise, of each school's policy on searches at the beginning of each school year or upon
admission for students entering during the school year.
(2) Who may search. Certified school personnel, school security personnel and school bus drivers are
"authorized persons" to conduct searches when a search is permissible as set forth below. An
Page 38
authorized person who is conducting a search may request the assistance of some other person(s),
who upon consent become(s) an authorized person for the purpose of that search only.
(3) When search permissible. Unless local school board policy provides otherwise, an authorized
person may conduct a search when (s)he has a reasonable suspicion that a crime or other breach of
disciplinary rules is occurring or has occurred. An administrative authority may direct or conduct a
search under the same conditions and also when (s)he has reasonable cause to believe that a search
is necessary to help maintain school discipline.
(4) Conduct of searches; witnesses. The following requirements govern the conduct of permissible
searches by authorized persons:
(a) School property, including lockers and school buses, may be searched with or without students
present unless a local school board or administrative authority provides otherwise. When students are
not present for locker searches, another authorized person shall serve as a witness whenever
possible. Locks furnished by students should not be destroyed unless a student refuses to open one
or circumstances otherwise render such action necessary in the judgment of the administrative
authority.
(b) Student vehicles when on campus or otherwise under school control and students' personal
effects which are not within their immediate physical possession may be searched in accordance with
the requirements for locker searches.
(c) Physical searches of a students person may be conducted only by an authorized person who is of
the same sex as the student, and except when circumstances render it impossible may be conducted
only in the presence of another authorized person of the same sex. The extent of the search must be
reasonably related to the infraction, and the search must not be excessively intrusive in light of the
student's age and sex, and the nature of the infraction.
(6) Notification of law enforcement authorities: Unless a local school board policy provides otherwise,
an administrative authority shall have discretion to notify the local children's court attorney, district
attorney or other law enforcement officers when a search discloses illegally possessed contraband
material or evidence of some other crime or delinquent act.
C. Basis for disciplinary action: A student may appropriately be disciplined by administrative authorities in
the following circumstances:
(1) for committing any act which endangers the health or safety of students, school personnel or others
for whose safety the public school is responsible, or for conduct which reasonably appears to threaten
such dangers if not restrained, regardless of whether an established rule of conduct has been violated;
(2) for violating valid rules of student conduct established by the local school board or by an
administrative authority to whom the board has delegated rulemaking authority, when the student knew
or should have known of the rule in question or that the conduct was prohibited; or
(3) for committing acts prohibited by this rule, when the student knew or should have known that the
conduct was prohibited.
D. Selection of disciplinary sanctions: Within legal limits as defined in Subsection L. of 6.11.2.7 NMAC
above, local school boards have discretion to determine the appropriate sanction(s) to be imposed for
violations of rules of student conduct, or to authorize appropriate administrative authorities to make such
determinations.
Page 39
(1) School discipline and criminal charges: Appropriate disciplinary actions may be taken against
students regardless of whether criminal charges are also filed in connection with an incident.
(2) Nondiscriminatory enforcement: Local school boards and administrative authorities shall not
enforce school rules or impose disciplinary punishments in a manner which discriminates against any
student on the basis of race, religion, color, national origin, ancestry, sex or disability, except to the
extent otherwise permitted or required by law or regulation. This statement shall not be construed as
requiring identical treatment of students for violation of the same rule; it shall be read as prohibiting
differential treatment which is based on race, religion, color, national origin, ancestry, sex or disability
rather than on other differences in individual cases or students.
E. Corporal punishment: Corporal punishment shall not be utilized as a means of enforcing rules of
conduct in public schools.
F. Detention, suspension and expulsion: Where detention, suspension or expulsion is determined to be
the appropriate penalty, it may be imposed only in accordance with procedures that provide at least the
minimum safeguards prescribed in Section 6.11.2.12 NMAC, below. Suspensions or expulsions of
students with disabilities shall be subject to the further requirements of Subsection G of Section 6.11.2.10
NMAC and Section 6.11.2.11 NMAC below.
behavior substantially impairs the education of other children in the program. However, the public
schools are required by state law and regulations to meet the individual educational needs of students
with disabilities to the extent that current educational expertise permits. Public school personnel may
consider any unique circumstances on a case-by-case basis when determining whether a change of
placement, consistent with the other requirements of 6.11.2.11 NMAC, is appropriate for a student with a
disability who violates a code of conduct as provided in 34 CFR Sec. 300.530.
(1) Long-term suspensions or expulsions of students with disabilities shall be governed by the
procedures set forth in Section 6.11.2.11 NMAC below.
below.
(3) Program prescriptions. A student with a disability's individualized education program (IEP), under
the Individuals with Disabilities Education Improvement Act of 2004 (IDEA), need not affirmatively
authorize disciplinary actions which are not otherwise in conflict with this rule. However, the IEP team
may prescribe or prohibit specified disciplinary measures for an individual student with a disability by
including appropriate provisions in the student's IEP. Administrative authorities shall adhere to any such
provisions contained in a student with a disability's IEP, except that an IEP team may not prohibit the
initiation of proceedings for long-term suspension or expulsion which are conducted in accordance with
this rule.
(4) Immediate removal. Immediate removal of students with disabilities may be done in accordance with
the procedures of Subsection C of Section 6.11.2.12 NMAC below.
(5) A student who has not been determined to be eligible for special education and related services
under 6.31.2 NMAC and who has engaged in behavior that violated a code of student conduct may
assert any of the protections provided for in this subsection if the conditions set forth in 34 CFR Sec.
300.534 have been met.
Page 40
(a) Nothing in these rules of conduct prohibits an administrative authority from reporting a crime
committed by a student with a disability to appropriate authorities or prevents state law enforcement
and judicial authorities from exercising their responsibilities with regard to the application of federal
and state law to crimes committed by a student with a disability.

ADMINISTRATIVE CODE

STATUTES
ADMINISTRATIVE CODE
Page 41
(b) Review authority. Unless the local school board provides otherwise, a review authority shall have
discretion to modify or overrule the disciplinarian's decision, but may not impose a harsher
punishment. A review authority shall be bound by a hearing authority's factual determinations except
as provided in Subsection G, Paragraph (4), Subparagraph (o) of Section 6.11.2.12 NMAC below.
Page 42


Page 43

STATUTES
Page 44
Other/Uncategorized
STATUTES
D. No school employee who in good faith reports any known or suspected violation of the school
discipline policy or in good faith attempts to enforce the policy shall be held liable for any civil damages as
a result of such report or of the employee's efforts to enforce any part of the policy.

STATUTES
no high school.
ADMINISTRATIVE CODE
Other/Uncategorized
Page 45

School Discipline
resources provided by New Mexico provide additional context to state policy and regulations and, in some
Title
Description
Website
No relevant
resources found
Documents
No relevant
resources found
Other Resources
No relevant
resources found
Page 46
New York
Discipline Laws and
Regulations
Introduction
document.
Notes & Disclaimers

Prepared by:
Child Trends
Suite 1200W
Suite 110
Table of Contents
New York State Codes Cited ...................................................................................................................... 1
Scope ........................................................................................................................................................ 4
Other weapons ........................................................................................................................................ 31
Substance use......................................................................................................................................... 36
Prevention ............................................................................................................................................... 47
New York State Codes Cited

New York Revised Statutes
Title 1. General Provisions
Article 2. Dignity for All Students
10.
11.
12.
13.
14.
15.
16.
17.
18.
Legislative intent.
Definitions.
Discrimination and harassment prohibited.
Policies and guidelines.
Commissioner's responsibilities.
Reporting by commissioner.
Protection of people who report harassment, bullying or discrimination.
Application.
Severability and construction.
Article 17. Instruction in Certain Subjects

801-a
804.
Instruction in civility, citizenship, and character education.

Health education regarding alcohol, drugs, tobacco abuse and the prevention and
detection of certain cancers.
Title 2. School District Organization

Article 51. City School Districts of Cities with Less than One Hundred Twenty-Five
Thousand Inhabitants
2503-a.
Powers of boards of education to ban fraternities, sororities and other secret societies.
Article 52. City School Districts of Cities with One Hundred Twenty-Five Thousand
Inhabitants or more
2554-A.
Powers of boards of education to ban fraternities, sororities and other secret societies
Article 55. Regulations by Boards of Education of Conduct on School District Property

2801.
2802.
Codes of conduct on school property.

Uniform violent incident reporting system.
Article 61. Teachers and Supervisory and Administrative Staff

3028-A.
3028-C.
Students under twenty-one years of age suspected of age suspected of alcohol abuse or
narcotic addiction
Protection of school employees who report acts of violence and weapons possession
Title 4. Teachers and Pupils

Article 65. Compulsory Education and School Census
3205.
3210.
3211.
Attendance of minors upon full time day instruction

Amount and character of required attendance
Records of attendance upon instruction
New York Compilation of School Discipline Laws and Regulations
Page 1
3213.
3214.
Supervisors of attendance; attendance teachers; attendance officers; appointment,

compensation, powers and duties
Student placement, suspensions and transfers.
Title 6. Special Schools and Instruction

Article 83. Indian Schools
4110.
4111.
Attendance officers
Arrest of truants.
Article 89. Children with Handicapping Conditions

4402.
Duties of education department
New York Administrative Code

New York Codes, Rules, and Regulations (NYCRR)
Title 8 Education Department
Chapter I Rules of the Board of Regents
Part 19 Education Practices
19.5.
Prohibition of corporal punishment and aversive interventions.
Chapter II Regulations of the Commissioner

Subchapter E Elementary and Secondary Education
Part 100 Elementary and Secondary Education School Program
100.2 (C).
100.2 (L)(2).
100.2 (L)(2).
100.2 (L)(3).
100.2 (L)(4).
100.2 (GG).
100.2 (JJ).
100.2 (KK).
Instruction in certain subjects

Policy on school conduct and discipline
Code of conduct
Corporal punishment
Parental notification of student suspension
Uniform violent or disruptive incident reporting system
Dignity for all students school employee training program
Dignity Act reporting requirements.
Subchapter P Handicapped Children

Part 200 Children with Handicapping Conditions
200.22.
Program standards for behavioral interventions.
Page 2
General Provisions
STATUTES
13. Policies and guidelines.
The board of education and the trustees or sole trustee of every school district shall create policies,
procedures and guidelines
2503-a. Powers of boards of education to ban fraternities, sororities and other secret societies.
1. In its discretion, the board of education of each school district, may adopt rules and regulations to
abolish and/or prohibit any fraternity, sorority or other secret society in any secondary school under its
jurisdiction.
jurisdiction.
2801. Codes of conduct on school property.
2. The board of education or the trustees, as defined in section two of this chapter, of every school district
within the state, however created, and every board of cooperative educational services and county
vocational extension board, shall adopt and amend, as appropriate, a code of conduct for the
maintenance of order on school property, including a school function, which shall govern the conduct of
students, teachers and other school personnel as well as visitors and shall provide for the enforcement
thereof. Such policy may be adopted by the school board or trustees only after at least one public hearing
that provides for the participation of school personnel, parents, students and any other interested parties.
2802. Uniform violent incident reporting system.
1. The commissioner, in conjunction with the division of criminal justice services, shall promulgate
regulations defining "violent or disruptive incidents" for the purposes of this section.
2. The commissioner, in conjunction with the division of criminal justice services, shall establish a
statewide uniform violent incident reporting system which public school districts, boards of cooperative
educational services and county vocational education and extension boards shall follow.
ADMINISTRATIVE CODE
100.2 (L)(1) School conduct and discipline.
1. Policy on school conduct and discipline.
i. On or before January 1, 1986 each school district shall adopt and implement a written policy on
school conduct and discipline designed to promote responsible behavior, which policy, and any
amendments thereto, shall remain in effect until the adoption of a code of conduct pursuant to
paragraph (2) of this subdivision, at which time it shall be deemed to be superseded by such code of
conduct. The City School District of the City of New York shall adopt and implement a separate written
policy for each community school district and for central board-administered programs...
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100.2 (L)(2) Code of conduct.

i. On or before July 1, 2001, each board of education and board of cooperative educational services shall
adopt and provide for the enforcement of a written code of conduct for the maintenance of order on
school property and at school functions, as defined in Education Law, sections 11(1) and (2) and 2801(1),
which shall govern the conduct of students, teachers, other school personnel, and visitors. Such a code
shall be developed in collaboration with student, teacher, administrator, and parent organizations, school
safety personnel and other school personnel and shall be approved by the board of education, or other
governing body, or by the chancellor of the city school district in the case of the City School District of the
City of New York. The City School District of the City of New York shall adopt a district-wide code of
conduct and each community school district may, upon approval of the chancellor, adopt and implement
additional policies, which are consistent with the city school district's district-wide code of conduct, to
reflect the individual needs of each community school district. A school district or board of cooperative
educational services shall adopt its code of conduct only after at least one public hearing that provides for
the participation of school personnel, parents, students and any other interested parties.
Scope
STATUTES
11. Definitions.
For the purposes of this article, the following terms shall have the following meanings:
1. "School property" shall mean in or within any building, structure, athletic playing field, playground,
parking lot, or land contained within the real property boundary line of a public elementary or secondary
school; or in or on a school bus, as defined in section one hundred forty-two of the vehicle and traffic
law.
2. "School function" shall mean a school-sponsored extra-curricular event or activity.
12. Discrimination and harassment prohibited.
1. No student shall be subjected to harassment by employees or students on school property or at a
school function; nor shall any student be subjected to discrimination based on a persons actual or
perceived race, color, disability, sexual orientation, gender, or sex by school employees or students on
school property or at a school function. Nothing in this subdivision shall be construed to prohibit a denial
of admission into or exclusion from, a course of instruction based on a persons gender; that would be
permissible under section thirty-two hundred one-a or paragraph (a) of subdivision two of section twentyeight hundred fifty-four of this chapter and Title IX of the Education Amendments of 1972 (20 U.S.C.
section 1681, et seq), or to prohibit, as discrimination based on disability, actions that would be
permissible under section 504 of the Rehabilitation Act of 1973.
14. Commissioner's responsibilities.
The commissioner shall:
4. Provide guidance and educational materials to school districts related to best practices in addressing
cyberbullying and helping families and communities work cooperatively with schools in addressing
cyberbullying, whether on or off school property or at or away from a school function.
1. For purposes of this section, school property means in or within any building, structure, athletic playing
field, playground, parking lot or land contained within the real property boundary line of a public
elementary or secondary school; or in or on a school bus, as defined in section one hundred forty-two of
Page 4
the vehicle and traffic law; and a school function shall mean a school-sponsored or school-authorized
extra-curricular event or activity regardless of where such event or activity takes place, including any
event or activity that may take place in another state.
Such code of conduct shall include, at a minimum:
a. provisions regarding conduct, dress and language deemed appropriate and acceptable on school
property, including a school function, and conduct, dress and language deemed unacceptable and
inappropriate on school property, including a school function, and provisions regarding acceptable civil
and respectful treatment of teachers, school administrators, other school personnel, students and
visitors on school property, including a school function, including the appropriate range of disciplinary
measures which may be imposed for violation of such code, and the roles of teachers, administrators,
other school personnel, the board of education and parents;
ADMINISTRATIVE CODE
ii. The code of conduct shall include, but is not limited to:
property and at school functions, and conduct, dress and language deemed unacceptable and
inappropriate on school property and provisions regarding acceptable civil and respectful treatment of
teachers, school administrators, other school personnel, students and visitors on school property and at
school functions, including the appropriate range of disciplinary measures which may be imposed for
violation of such code, and the roles of teachers, administrators, other school personnel, the board of
education and parents;
STATUTES
2. An age-appropriate version of the policy outlined in subdivision one of this section, written in plainlanguage, shall be included in the code of conduct adopted by boards of education and the trustees or
sole trustee pursuant to section twenty-eight hundred one of this chapter and a summary of such policy
shall be included in any summaries required by such section twenty-eight hundred one.
The board of education and the trustees or sole trustee of every school district shall create policies and
guidelines that shall include, but not be limited to:
1. Policies and procedures intended to create a school environment that is free from harassment,
bullying and discrimination, that include but are not limited to provisions which:
k. require each school, at least once during each school year, to provide all school employees,
students and parents with a written or electronic copy of the school district's policies created pursuant
to this section, or a plain-language summary thereof, including notification of the process by which
students, parents and school employees may report harassment, bullying and discrimination. This
subdivision shall not be construed to require additional distribution of such policies and guidelines if
they are otherwise distributed to school employees, students and parents;
l. maintain current versions of the school district's policies created pursuant to this section on the
school district's internet website, if one exists;
Page 5

4. The board of education, chancellor or other governing body shall provide copies of a summary of the
code of conduct to all students at a general assembly held at the beginning of the school year and shall
make copies of the code available to persons in parental relation to students at the beginning of each
school year, and shall mail a plain language summary of such code to all persons in parental relation to
students before the beginning of each school year, and make it available thereafter upon request. The
board of education, chancellor or other governing body shall take reasonable steps to ensure community
awareness of the code provisions.
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school conduct and discipline and shall include:
a. a bill of rights and responsibilities of students which focuses upon positive student behavior, and
which shall be publicized and explained to all students on an annual basis;
b. a discipline code for student behavior setting forth prohibited student conduct and the range of
penalties which may be imposed for violation of such code, which shall be publicized and explained to
all students and provided in writing to all parents on an annual basis. Such code shall describe the
roles of teachers, administrators, board of education members, and parents;
ii. The board of education shall adopt such a policy and review it on an annual basis and amend it when
appropriate. Each school district's policy on school conduct and discipline shall be filed in each school
building and shall be available for review by any individual.
q. a bill of rights and responsibilities of students which focuses upon positive student behavior and a
safe and supportive school climate, which shall be written in plain-language, publicized and explained in
an age-appropriate manner to all students on an annual basis; and
iii. Additional responsibilities.
b. Each board of education and board of cooperative educational services shall ensure community
awareness of its code of conduct by:
1. posting the complete code of conduct, respectively, on the Internet web site, if any, of the school or
school district, or of the board of cooperative educational services, including any annual updates to
the code made pursuant to clause (a) of this subparagraph and any other amendments to the code;
2. providing copies of a summary of the code of conduct to all students, in an age-appropriate version,
written in plain-language, at a school assembly to be held at the beginning of each school year;
3. providing a plain language summary of the code of conduct to all persons in parental relation to
students before the beginning of each school year and making such summary available thereafter
upon request;
4. providing each existing teacher with a copy of the complete code of conduct and a copy of any
amendments to the code as soon as practicable following initial adoption or amendment of the code,
and providing new teachers with a complete copy of the current code upon their employment; and
5. making complete copies available for review by students, parents or other persons in parental
relation to students, other school staff and other community members.
Page 6
STATUTES
4. Guidelines relating to the development of measured, balanced and age-appropriate responses to
instances of harassment, bullying or discrimination by students, with remedies and procedures following
a progressive model that make appropriate use of intervention, discipline and education, vary in method
according to the nature of the behavior, the developmental age of the student and the student's history
of problem behaviors, and are consistent with the district's code of conduct.
3. Promulgate regulations to assist school districts in implementing this article including, but not limited
to, regulations to assist school districts in developing measured, balanced, and age-appropriate
responses to violations of this policy, with remedies and procedures following a progressive model that
make appropriate use of intervention, discipline and education and provide guidance related to the
application of regulations;
ADMINISTRATIVE CODE
b. a discipline code for student behavior setting forth prohibited student conduct and the range of
penalties which may be imposed for violation of such code, which shall be publicized and explained to
all students and provided in writing to all parents on an annual basis. Such code shall describe the
roles of teachers, administrators, board of education members, and parents;
property and at school functions, and conduct, dress and language deemed unacceptable and
inappropriate on school property and provisions regarding acceptable civil and respectful treatment of
teachers, school administrators, other school personnel, students and visitors on school property and at
school functions, including the appropriate range of disciplinary measures which may be imposed for
violation of such code, and the roles of teachers, administrators, other school personnel, the board of
education and parents;
Page 7

STATUTES
thereof Such code of conduct shall include, at a minimum:
c. provisions for the removal from the classroom and from school property, including a school function,
of students and other persons who violate the code;
e. provisions for detention, suspension and removal from the classroom of students, consistent with
section thirty-two hundred fourteen of this chapter and other applicable federal, state and local laws
including provisions for the school authorities to establish policies and procedures to ensure the
provision of continued educational programming and activities for students removed from the
classroom, placed in detention, or suspended from school;
3214. Student placement, suspensions and transfers.
3-a. Teacher removal of a disruptive pupil.
In addition, any teacher shall have the power and authority to remove a disruptive pupil, as defined in
subdivision two-a of this section, from such teacher's classroom consistent with discipline measures
contained in the code of conduct adopted by the board pursuant to section twenty-eight hundred one of
this chapter. The school authorities of any school district shall establish policies and procedures to ensure
the provision of continued educational programming and activities for students removed from the
classroom pursuant to this subdivision and provided further that nothing in this subdivision shall authorize
the removal of a pupil in violation of any state or federal law or regulation. No pupil shall return to the
classroom until the principal makes a final determination pursuant to paragraph c of this subdivision, or
the period of removal expires, whichever is less.
a. Such teacher shall inform the pupil and the school principal of the reasons for the removal. If the
teacher finds that the pupil's continued presence in the classroom does not pose a continuing danger to
persons or property and does not present an ongoing threat of disruption to the academic process, the
teacher shall, prior to removing the student from the classroom, provide the student with an explanation of
the basis for the removal and allow the pupil to informally present the pupil's version of relevant events. In
all other cases, the teacher shall provide the pupil with an explanation of the basis for the removal and an
informal opportunity to be heard within twenty-four hours of the pupil's removal.
ADMINISTRATIVE CODE
f. disciplinary measures for violation of the school policies developed in accordance with
subparagraphs (ii) and (iii) of this paragraph. Such measures shall be appropriate to the seriousness
of the offense and where applicable to the previous disciplinary record of the student. Any suspension
Page 8
from attendance upon instruction may be imposed only in accordance with section 3214 of the
Education Law;
d. provisions for the removal from the classroom and from school property and school functions of
students and other persons who violate the code;
e. provisions prescribing the period for which a disruptive pupil may be removed from the classroom for
each incident, provided that no such pupil shall return to the classroom until the principal makes a final
determination pursuant to Education Law section 3214(3-a)(c), or the period of removal expires,
whichever is less;
h. provisions for detention, suspension and removal from the classroom of students, consistent with
Education Law section 3214 and other applicable Federal, State and local laws including provisions for
the school authorities to establish policies and procedures to ensure the provision of continued
educational programming and activities for students removed from the classroom, placed in detention,
or suspended from school, which shall include alternative educational programs appropriate to
individual student needs;
STATUTES
3. Suspension of a pupil.
e. Procedure after suspension. Where a pupil has been suspended pursuant to this subdivision and
said pupil is of compulsory attendance age, immediate steps shall be taken for his or her attendance
upon instruction elsewhere or for supervision or detention of said pupil pursuant to the provisions of
article seven of the family court act. Where a pupil has been suspended for cause, the suspension may
be revoked by the board of education whenever it appears to be for the best interest of the school and
the pupil to do so. The board of education may also condition a student's early return to school and
suspension revocation on the pupil's voluntary participation in counseling or specialized classes,
including anger management or dispute resolution, where applicable.

ADMINISTRATIVE CODE
19.5. Prohibition of corporal punishment and aversive interventions.
(a) Prohibition of corporal punishment.
(1) No teacher, administrator, officer, employee or agent of a school district in this State, a board of
cooperative educational services (BOCES), a charter school, State-operated or State-supported school,
an approved preschool program, an approved private school, an approved out-of-state day or
residential school, or a registered nonpublic nursery, kindergarten, elementary or secondary school in
this State, shall use corporal punishment against a pupil.
(2) As used in this section, corporal punishment means any act of physical force upon a pupil for the
purpose of punishing that pupil, except as otherwise provided in paragraph (3) of this subdivision.
Page 9
(3) In situations in which alternative procedures and methods not involving the use of physical force
cannot reasonably be employed, nothing contained in this section shall be construed to prohibit the use
of reasonable physical force for the following purposes:
(i) to protect oneself from physical injury;
(ii) to protect another pupil or teacher or any person from physical injury;
(iii) to protect the property of the school, school district or others; or
(iv) to restrain or remove a pupil whose behavior is interfering with the orderly exercise and
performance of school or school district functions, powers and duties, if that pupil has refused to
comply with a request to refrain from further disruptive acts.
(b) Prohibition of the use of aversive interventions.
(1) No public school, BOCES, charter school, approved preschool program, approved private school,
State-operated or State-supported school in this State, approved out-of-state day or residential school,
or registered nonpublic nursery, kindergarten, elementary or secondary school in this State shall
employ the use of aversive behavioral interventions to reduce or eliminate maladaptive behaviors,
except as provided pursuant to section 200.22(e) and (f) of this Title.
(2) As used in this section, aversive intervention means: an intervention that is intended to induce pain
or discomfort to a student for the purpose of eliminating or reducing maladaptive behaviors, including
such interventions as:
(i) contingent application of noxious, painful, intrusive stimuli or activities; strangling, shoving, deep
muscle squeezes or other similar stimuli;
(ii) any form of noxious, painful or intrusive spray, inhalant or tastes;
(iii) contingent food programs that include the denial or delay of the provision of meals or intentionally
altering staple food or drink in order to make it distasteful;
(iv) movement limitation used as a punishment, including but not limited to helmets and mechanical
restraint devices; or
(v) other stimuli or actions similar to the interventions described in subparagraphs (i) through (iv) of
this paragraph.
The term does not include such interventions as voice control, limited to loud, firm commands; timelimited ignoring of a specific behavior; token fines as part of a token economy system; brief physical
prompts to interrupt or prevent a specific behavior; interventions medically necessary for the treatment or
protection of the student; or other similar interventions.
100.2 (L)(3). Corporal punishment.
i. The term corporal punishment, as used in this section, shall mean any act of physical force upon a pupil
for the purpose of punishing that pupil. Such term, as used in this section, shall not mean the use of
reasonable physical force for any of the following purposes:
a. to protect oneself from physical injury;
b. to protect another pupil or teacher or any other person from physical injury;
c. to protect the property of the school or of others; or
d. to restrain or remove a pupil whose behavior is interfering with the orderly exercise and performance
of school district functions, powers or duties, if that pupil has refused to comply with a request to refrain
from further disruptive acts; provided that alternative procedures and methods not involving the use of
physical force cannot reasonably be employed to achieve the purposes set forth in clauses (a) through
(d) of this subparagraph.
Page 10
ii. In every school district and supervisory district, the trustee, trustees, board of education or board of
cooperative educational services, shall submit a written semiannual report to the Commissioner of
Education, by January 15th and July 15th of each year, commencing July 1, 1985, setting forth the
substance of each complaint about the use of corporal punishment received by the local school
authorities during the reporting period, the results of each investigation, and the action, if any, taken by
the school authorities in each case.


ADMINISTRATIVE CODE
Page 11

STATUTES
a. The board of education, board of trustees or sole trustee, the superintendent of schools, district
superintendent of schools or principal of a school may suspend the following pupils from required
attendance upon instruction: A pupil who is insubordinate or disorderly or violent or disruptive, or whose
conduct otherwise endangers the safety, morals, health or welfare of others.
5. Involuntary transfers of pupils who have not been determined to be a student with a disability or a
student presumed to have a disability for discipline purposes.
a. The board of education, board of trustees or sole trustee, the superintendent of schools, or district
superintendent of schools may transfer a pupil who has not been determined to be a student with a
disability as defined in section forty-four hundred one of this chapter, or a student presumed to have a
disability for discipline purposes as defined in paragraph g of subdivision three of this section from
regular classroom instruction to an appropriate educational setting in another school upon the written
recommendation of the school principal and following independent review thereof. For purposes of this
section of the law, "involuntary transfer" does not include a transfer made by a school district as part of
a plan to reduce racial imbalance within the schools or as a change in school attendance zones or
geographical boundaries.
b. A school principal may initiate a non-requested transfer where it is believed that such a pupil would
benefit from the transfer, or when the pupil would receive an adequate and appropriate education in
another school program or facility.

STATUTES
d. Consistent with the federal gun-free schools act of nineteen hundred ninety-four, any public school
pupil who is determined under this subdivision to have brought a weapon to school shall be suspended
for a period of not less than one calendar year and any nonpublic school pupil participating in a program
operated by a public school district using funds from the elementary and secondary education act of
nineteen hundred sixty-five who is determined under this subdivision to have brought a weapon to a
public school or other premises used by the school district to provide such programs shall be suspended
for a period of not less than one calendar year from participation in such program. The procedures of this
subdivision shall apply to such a suspension of a nonpublic school pupil. A superintendent of schools,
district superintendent of schools or community superintendent shall have the authority to modify this
suspension requirement for each student on a case-by-case basis. The determination of a superintendent
shall be subject to review by the board of education pursuant to paragraph c of this subdivision and the
commissioner pursuant to section three hundred ten of this chapter. Nothing in this subdivision shall be
deemed to authorize the suspension of a student with a disability in violation of the individuals with
Page 12
disabilities education act or article eighty-nine of this chapter. A superintendent shall refer the pupil under
the age of sixteen who has been determined to have brought a weapon to school in violation of this
subdivision to a presentment agency for a juvenile delinquency proceeding consistent with article three of
the family court act except a student fourteen or fifteen years of age who qualifies for juvenile offender
status under subdivision forty-two of section 1.20 of the criminal procedure law. A superintendent shall
refer any pupil sixteen years of age or older or a student fourteen or fifteen years of age who qualifies for
juvenile offender status under subdivision forty-two of section 1.20 of the criminal procedure law, who has
been determined to have brought a weapon to school in violation of this subdivision to the appropriate law
enforcement officials.

STATUTES
b. (1) The board of education, board of trustees, or sole trustee, superintendent of schools, district
superintendent of schools and the principal of the school where the pupil attends shall have the power to
suspend a pupil for a period not to exceed five school days .
c. (1) No pupil may be suspended for a period in excess of five school days unless such pupil and the
person in parental relation to such pupil shall have had an opportunity for a fair hearing, upon reasonable
notice, at which such pupil shall have the right of representation by counsel, with the right to question
witnesses against such pupil and to present witnesses and other evidence on his behalf.
g. Discipline of students with disabilities and students presumed to have a disability for discipline
purposes.
(1) Notwithstanding any other provision of this subdivision to the contrary, a student with a disability as
such term is defined in section forty-four hundred one of this chapter and a student presumed to have a
disability for discipline purposes, may be suspended or removed from his or her current educational
placement for violation of school rules only in accordance with the procedures established in this
section, the regulations of the commissioner implementing this paragraph, and subsection (k) of section
fourteen hundred fifteen of title twenty of the United States code and the federal regulations
implementing such statute, as such federal law and regulations are from time to time amended. Nothing
in this paragraph shall be construed to confer greater rights on such students than are conferred under
applicable federal law and regulations, or to limit the ability of a school district to change the educational
placement of a student with a disability in accordance with the procedures in article eighty-nine of this
chapter.
(2) As used in this paragraph, a "student presumed to have a disability for discipline purposes" shall
mean a student who the school district is deemed to have knowledge was a student with a disability
before the behavior that precipitated disciplinary action under the criteria in subsection (k)(8) of section
fourteen hundred fifteen of title twenty of the United States code and the federal regulations
implementing such statute.
(3) In applying the federal law consistent with this section:
(i) in the event of a conflict between the procedures established in this section and those established
in subsection (k) of section fourteen hundred fifteen of title twenty of the United States code and the
federal regulations implementing such statute, such federal statute and regulations shall govern.
(ii) the trustees or board of education of any school district, a district superintendent of schools or a
building principal shall have authority to order the placement of a student with a disability into an
appropriate interim alternative educational setting, another setting or suspension for a period not to
Page 13
exceed five consecutive school days where such student is suspended pursuant to this subdivision
and, except as otherwise provided in clause (vi) of this subparagraph, the suspension does not result
in a change in placement under federal law.
(iii) the superintendent of schools of a school district, either directly or upon recommendation of a
hearing officer designated pursuant to paragraph c of this subdivision, may order the placement of a
student with a disability into an interim alternative educational setting, another setting or suspension
for up to ten consecutive school days, inclusive of any period in which the student is placed in an
appropriate interim alternative educational placement, another setting or suspension pursuant to
clause (ii) of this subparagraph for the behavior, where the superintendent determines in accordance
with the procedures set forth in this subdivision that the student has engaged in behavior that
warrants a suspension, and, except as otherwise provided in clause (vi) of this subparagraph, the
suspension does not result in a change in placement under federal law.
(iv) the superintendent of schools of a school district, either directly or upon recommendation of a
hearing officer designated pursuant to paragraph c of this subdivision, may order the change in
placement of a student with a disability to an interim alternative educational setting for up to forty-five
days, but not to exceed the period of suspension ordered by a superintendent in accordance with this
subdivision, under the circumstances specified in subsection (k)(1) of section fourteen hundred fifteen
of title twenty of the United States code and the federal regulations implementing such statute.
(v) the terms "day," "business day," and "school day" shall be as defined in section 300.9 of title thirtyfour of the code of federal regulations.
(vi) notwithstanding any other provision of this subdivision to the contrary, upon a determination by
the committee on special education that the behavior of a student with a disability was not a
manifestation of the student's disability, such student may be disciplined pursuant to this section in
the same manner as a nondisabled student, except that such student shall continue to receive
services to the extent required under federal law and regulations.
(vii) an impartial hearing officer appointed pursuant to subdivision one of section forty-four hundred
four of this chapter may order a change in placement of a student with a disability to an appropriate
interim alternative educational setting for not more than forty-five days under the circumstances
specified in subsections (k)(2) and (k)(7) of section fourteen hundred fifteen of title twenty of the
United States code and the federal regulations implementing such statutes, provided that such
procedure may be repeated, as necessary.
(viii) nothing in this section shall be construed to authorize the suspension or removal of a student
with a disability from his or her current educational placement for violation of school rules following a
determination by the committee on special education that the behavior is a manifestation of the
student's disability, except as authorized under federal law and regulations.
(ix) the commissioner shall implement this paragraph by adopting regulations which coordinate the
procedures required for discipline of students with disabilities, and students presumed to have a
disability for discipline purposes, pursuant to subsection (k) of section fourteen hundred fifteen of title
twenty of the United States code and the federal regulations implementing such statute, with the
general procedures for student discipline under this section.
4402. Duties of education department.
(j) In accordance with the regulations of the commissioner and subsection (k) of section fourteen hundred
and fifteen of title twenty of the United States code and the implementing federal regulations, to conduct a
review to determine whether behavior of a student with a disability which violates the applicable school
rules or code of conduct and results in a change in placement under federal law, including but not limited
to placement in an interim alternative educational setting pursuant to clause (iv) or (vii) of subparagraph g
Page 14
of subdivision three of section thirty-two hundred fourteen of this chapter, was a manifestation of the
students disability, provided that other qualified school district personnel may participate in such a
review.
(k) In accordance with the regulations of the commissioner and subsection (k) of section fourteen hundred
fifteen of title twenty of the United States code and the implementing federal regulations, to determine the
services to be provided in the interim alternative educational placement for a student with a disability who
carries or possesses a weapon to or at school, on school premises, or to or at school function or
knowingly possesses or uses illegal drugs or sells or solicits the sale of a controlled substance while at
school or a school function and the services to be provided to a student with a disability who is removed
because of behavior that has been determined not to be a manifestation of the student's disability.
(l) In accordance with the regulations of the commissioner and the provisions of subsection (k) of section
fourteen hundred fifteen of title twenty of the United States code, and the implementing federal
regulations, to conduct expedited evaluations under the circumstances specified in such federal law and
regulations and to conduct such reviews and make such determinations regarding students presumed to
have a disability for discipline purposes as defined in subdivision three of section thirty-two hundred
fourteen of this chapter as are required under the federal individuals with disabilities education act and
implementing regulations.
ADMINISTRATIVE CODE
d. procedures within each building to involve pupil service personnel, administrators, teachers,
parents and students in the early identification and resolution of discipline problems. For students
identified as having a disability, such policy shall include procedures for determining when a student's
conduct shall constitute a reason for referral to the committee of special education for review and
modification if appropriate of the student's individualized education program;
j. provisions ensuring such code and the enforcement thereof are in compliance with State and Federal
laws relating to students with disabilities;

STATUTES
Page 15
f. procedures by which violations are reported, determined, discipline measures imposed and discipline
measures carried out;
g. provisions ensuring such code and the enforcement thereof are in compliance with state and federal
laws relating to students with disabilities;
a. The board of education, board of trustees or sole trustee, the superintendent of schools, district
superintendent of schools or principal of a school may suspend the following pupils from required
attendance upon instruction: A pupil who is insubordinate or disorderly or violent or disruptive, or whose
conduct otherwise endangers the safety, morals, health or welfare of others.
b. (1) The board of education, board of trustees, or sole trustee, superintendent of schools, district
superintendent of schools and the principal of the school where the pupil attends shall have the
power to suspend a pupil for a period not to exceed five school days. In the case of such a
suspension, the suspending authority shall provide the pupil with notice of the charged misconduct. If
the pupil denies the misconduct, the suspending authority shall provide an explanation of the basis for
the suspension. The pupil and the person in parental relation to the pupil shall, on request, be given
an opportunity for an informal conference with the principal at which the pupil and/or person in
parental relation shall be authorized to present the pupil's version of the event and to ask questions of
the complaining witnesses. The aforesaid notice and opportunity for an informal conference shall take
place prior to suspension of the pupil unless the pupil's presence in the school poses a continuing
danger to persons or property or an ongoing threat of disruption to the academic process, in which
case the pupil's notice and opportunity for an informal conference shall take place as soon after the
suspension as is reasonably practicable.
(2) A teacher shall immediately report and refer a violent pupil to the principal or superintendent for a
violation of the code of conduct and a minimum suspension period pursuant to section twenty-eight
hundred one of this chapter.
c. (1) No pupil may be suspended for a period in excess of five school days unless such pupil and the
person in parental relation to such pupil shall have had an opportunity for a fair hearing, upon
reasonable notice, at which such pupil shall have the right of representation by counsel, with the right
to question witnesses against such pupil and to present witnesses and other evidence on his behalf.
Where a pupil has been suspended in accordance with this subdivision by a superintendent of
schools, district superintendent of schools, or community superintendent, the superintendent shall
personally hear and determine the proceeding or may, in his discretion, designate a hearing officer to
conduct the hearing. The hearing officer shall be authorized to administer oaths and to issue
subpoenas in conjunction with the proceeding before him. A record of the hearing shall be
maintained, but no stenographic transcript shall be required and a tape recording shall be deemed a
satisfactory record. The hearing officer shall make findings of fact and recommendations as to the
appropriate measure of discipline to the superintendent. The report of the hearing officer shall be
advisory only, and the superintendent may accept all or any part thereof. An appeal will lie from the
decision of the superintendent to the board of education who shall make its decision solely upon the
record before it. The board may adopt in whole or in part the decision of the superintendent of
schools. Where the basis for the suspension is, in whole or in part, the possession on school grounds
or school property by the student of any firearm, rifle, shotgun, dagger, dangerous knife, dirk, razor,
stiletto or any of the weapons, instruments or appliances specified in subdivision one of section
265.01 of the penal law, the hearing officer or superintendent shall not be barred from considering the
admissibility of such weapon, instrument or appliance as evidence, notwithstanding a determination
Page 16
by a court in a criminal or juvenile delinquency proceeding that the recovery of such weapon,
instrument or appliance was the result of an unlawful search or seizure.
(2) Where a pupil has been suspended in accordance with this section by a board of education, the
board may in its discretion hear and determine the proceeding or appoint a hearing officer who shall
have the same powers and duties with respect to the board that a hearing officer has with respect to
a superintendent where the suspension was ordered by him. The findings and recommendations of
the hearing officer conducting the proceeding shall be advisory and subject to final action by the
board of education, each member of which shall before voting review the testimony and acquaint
himself with the evidence in the case. The board may reject, confirm or modify the conclusions of the
hearing officer.
for a period of not less than one calendar year and any nonpublic school pupil participating in a
program operated by a public school district using funds from the elementary and secondary education
act of nineteen hundred sixty-five who is determined under this subdivision to have brought a weapon
to a public school or other premises used by the school district to provide such programs shall be
suspended for a period of not less than one calendar year from participation in such program. The
procedures of this subdivision shall apply to such a suspension of a nonpublic school pupil. A
superintendent of schools, district superintendent of schools or community superintendent shall have
the authority to modify this suspension requirement for each student on a case-by-case basis. The
determination of a superintendent shall be subject to review by the board of education pursuant to
paragraph c of this subdivision and the commissioner pursuant to section three hundred ten of this
chapter. Nothing in this subdivision shall be deemed to authorize the suspension of a student with a
disability in violation of the individuals with disabilities education act or article eighty-nine of this chapter.
A superintendent shall refer the pupil under the age of sixteen who has been determined to have
brought a weapon to school in violation of this subdivision to a presentment agency for a juvenile
delinquency proceeding consistent with article three of the family court act except a student fourteen or
fifteen years of age who qualifies for juvenile offender status under subdivision forty-two of section 1.20
of the criminal procedure law. A superintendent shall refer any pupil sixteen years of age or older or a
student fourteen or fifteen years of age who qualifies for juvenile offender status under subdivision fortytwo of section 1.20 of the criminal procedure law, who has been determined to have brought a weapon
to school in violation of this subdivision to the appropriate law enforcement officials.
f. Whenever the term "board of education or superintendent of schools" is used in this subdivision, it
shall be deemed to include community boards of education and community superintendents governing
community districts in accordance with the provisions of article fifty-two-A of this chapter. For the
purpose of this subdivision, the term "weapon" means a firearm as such term is defined in section nine
hundred twenty-one of title eighteen of the United States code.
g. Discipline of students with disabilities and students presumed to have a disability for discipline
purposes.
Page 17
(1) Notwithstanding any other provision of this subdivision to the contrary, a student with a disability
as such term is defined in section forty-four hundred one of this chapter and a student presumed to
have a disability for discipline purposes, may be suspended or removed from his or her current
educational placement for violation of school rules only in accordance with the procedures
established in this section, the regulations of the commissioner implementing this paragraph, and
subsection (k) of section fourteen hundred fifteen of title twenty of the United States code and the
federal regulations implementing such statute, as such federal law and regulations are from time to
time amended. Nothing in this paragraph shall be construed to confer greater rights on such students
than are conferred under applicable federal law and regulations, or to limit the ability of a school
district to change the educational placement of a student with a disability in accordance with the
procedures in article eighty-nine of this chapter.
(2) As used in this paragraph, a "student presumed to have a disability for discipline purposes" shall
mean a student who the school district is deemed to have knowledge was a student with a disability
before the behavior that precipitated disciplinary action under the criteria in subsection (k)(8) of
section fourteen hundred fifteen of title twenty of the United States code and the federal regulations
implementing such statute.
(3) In applying the federal law consistent with this section:
(i) in the event of a conflict between the procedures established in this section and those
established in subsection (k) of section fourteen hundred fifteen of title twenty of the United States
code and the federal regulations implementing such statute, such federal statute and regulations
shall govern.
(ii) the trustees or board of education of any school district, a district superintendent of schools or a
building principal shall have authority to order the placement of a student with a disability into an
appropriate interim alternative educational setting, another setting or suspension for a period not to
exceed five consecutive school days where such student is suspended pursuant to this subdivision
and, except as otherwise provided in clause (vi) of this subparagraph, the suspension does not
result in a change in placement under federal law.
(iii) the superintendent of schools of a school district, either directly or upon recommendation of a
hearing officer designated pursuant to paragraph c of this subdivision, may order the placement of
a student with a disability into an interim alternative educational setting, another setting or
suspension for up to ten consecutive school days, inclusive of any period in which the student is
placed in an appropriate interim alternative educational placement, another setting or suspension
pursuant to clause (ii) of this subparagraph for the behavior, where the superintendent determines
in accordance with the procedures set forth in this subdivision that the student has engaged in
behavior that warrants a suspension, and, except as otherwise provided in clause (vi) of this
subparagraph, the suspension does not result in a change in placement under federal law.
(iv) the superintendent of schools of a school district, either directly or upon recommendation of a
hearing officer designated pursuant to paragraph c of this subdivision, may order the change in
placement of a student with a disability to an interim alternative educational setting for up to fortyfive days, but not to exceed the period of suspension ordered by a superintendent in accordance
with this subdivision, under the circumstances specified in subsection (k)(1) of section fourteen
hundred fifteen of title twenty of the United States code and the federal regulations implementing
such statute.
(v) the terms "day," "business day," and "school day" shall be as defined in section 300.9 of title
thirty-four of the code of federal regulations.
(vi) notwithstanding any other provision of this subdivision to the contrary, upon a determination by
the committee on special education that the behavior of a student with a disability was not a
Page 18
manifestation of the student's disability, such student may be disciplined pursuant to this section in
the same manner as a nondisabled student, except that such student shall continue to receive
services to the extent required under federal law and regulations.
(vii) an impartial hearing officer appointed pursuant to subdivision one of section forty-four hundred
four of this chapter may order a change in placement of a student with a disability to an appropriate
interim alternative educational setting for not more than forty-five days under the circumstances
specified in subsections (k)(2) and (k)(7) of section fourteen hundred fifteen of title twenty of the
United States code and the federal regulations implementing such statutes, provided that such
procedure may be repeated, as necessary.
(viii) nothing in this section shall be construed to authorize the suspension or removal of a student
with a disability from his or her current educational placement for violation of school rules following
a determination by the committee on special education that the behavior is a manifestation of the
student's disability, except as authorized under federal law and regulations.
(ix) the commissioner shall implement this paragraph by adopting regulations which coordinate the
procedures required for discipline of students with disabilities, and students presumed to have a
disability for discipline purposes, pursuant to subsection (k) of section fourteen hundred fifteen of
title twenty of the United States code and the federal regulations implementing such statute, with
the general procedures for student discipline under this section.
3-a. Teacher removal of a disruptive pupil. In addition, any teacher shall have the power and authority to
remove a disruptive pupil, as defined in subdivision two-a of this section, from such teacher's classroom
consistent with discipline measures contained in the code of conduct adopted by the board pursuant to
section twenty-eight hundred one of this chapter. The school authorities of any school district shall
establish policies and procedures to ensure the provision of continued educational programming and
activities for students removed from the classroom pursuant to this subdivision and provided further that
nothing in this subdivision shall authorize the removal of a pupil in violation of any state or federal law or
regulation. No pupil shall return to the classroom until the principal makes a final determination pursuant
to paragraph c of this subdivision, or the period of removal expires, whichever is less.
teacher shall, prior to removing the student from the classroom, provide the student with an explanation
of the basis for the removal and allow the pupil to informally present the pupil's version of relevant
events. In all other cases, the teacher shall provide the pupil with an explanation of the basis for the
removal and an informal opportunity to be heard within twenty-four hours of the pupil's removal.
b. The principal shall inform the person in parental relation to such pupil of the removal and the reasons
therefor within twenty-four hours of the pupil's removal. The pupil and the person in parental relation
shall, upon request, be given an opportunity for an informal conference with the principal to discuss the
reasons for the removal. If the pupil denies the charges, the principal shall provide an explanation of the
basis for the removal and allow the pupil and/or person in parental relation to the pupil an opportunity to
present the pupil's version of relevant events. Such informal hearing shall be held within forty-eight
hours of the pupil's removal.
c. The principal shall not set aside the discipline imposed by the teacher unless the principal finds that
the charges against the pupil are not supported by substantial evidence or that the pupil's removal is
otherwise in violation of law or that the conduct warrants suspension from school pursuant to this
section and a suspension will be imposed. The principal's determination made pursuant to this
paragraph shall be made by the close of business on the day succeeding the forty-eight hour period for
an informal hearing contained in paragraph b of this subdivision.
Page 19
d. The principal may, in his or her discretion, designate a school district administrator, to carry out the
functions required of the principal under this subdivision.
a. The board of education, board of trustees or sole trustee, the superintendent of schools, or district
superintendent of schools may transfer a pupil who has not been determined to be a student with a
disability as defined in section forty-four hundred one of this chapter, or a student presumed to have a
disability for discipline purposes as defined in paragraph g of subdivision three of this section from
regular classroom instruction to an appropriate educational setting in another school upon the written
recommendation of the school principal and following independent review thereof. For purposes of this
section of the law, "involuntary transfer" does not include a transfer made by a school district as part of
a plan to reduce racial imbalance within the schools or as a change in school attendance zones or
geographical boundaries.
another school program or facility. No recommendation for pupil transfer shall be initiated by the
principal until such pupil and a person in parental relation has been sent written notification of the
consideration of transfer recommendation. Such notice shall set a time and place of an informal
conference with the principal and shall inform such person in parental relation and such pupil of their
right to be accompanied by counsel or an individual of their choice.
c. After the conference and if the principal concludes that the pupil would benefit from a transfer or that
the pupil would receive an adequate and appropriate education in another school program or facility,
the principal may issue a recommendation of transfer to the superintendent. Such recommendation
shall include a description of behavior and/or academic problems indicative of the need for transfer; a
description of alternatives explored and prior action taken to resolve the problem. A copy of that letter
shall be sent to the person in parental relation and to the pupil.
d. Upon receipt of the principal's recommendation for transfer and a determination to consider that
recommendation, the superintendent shall notify the person in parental relation and the pupil of the
proposed transfer and of their right to a fair hearing as provided in paragraph c of subdivision three of
this section and shall list community agencies and free legal assistance which may be of assistance.
The written notice shall include a statement that the pupil or person in parental relation has ten days to
request a hearing and that the proposed transfer shall not take effect, except upon written parental
consent, until the ten day period has elapsed, or, if a fair hearing is requested, until after a formal
decision following the hearing is rendered, whichever is later. Parental consent to a transfer shall not
constitute a waiver of the right to a fair hearing.
6. Transfer of a pupil. Where a suspended pupil is to be transferred pursuant to subdivision five of this
section, he or she shall remain on the register of the original school for two school days following
transmittal of his or her records to the school to which he or she is to be transferred. The receiving school
shall immediately upon receiving those records transmitted by the original school, review them to insure
proper placement of the pupil. Staff members who are involved in the pupil's education must be provided
with pertinent records and information relating to the background and problems of the pupil before the
pupil is placed in a classroom.
ADMINISTRATIVE CODE
Page 20
c. strategies and procedures for the maintenance and enforcement of public order on school property
which shall govern the conduct of all persons on school premises, in accordance with section 2801 of
the Education Law and accepted principles of due process of law;
d. procedures within each building to involve pupil service personnel, administrators, teachers,
parents and students in the early identification and resolution of discipline problems. For students
identified as having a disability, such policy shall include procedures for determining when a student's
conduct shall constitute a reason for referral to the committee of special education for review and
modification if appropriate of the student's individualized education program;
i. procedures by which violations are reported, determined, discipline measures imposed and discipline
measures carried out;

STATUTES
3-a. Teacher removal of a disruptive pupil.
In addition, any teacher shall have the power and authority to remove a disruptive pupil, as defined in
subdivision two-a of this section, from such teacher's classroom consistent with discipline measures
contained in the code of conduct adopted by the board pursuant to section twenty-eight hundred one of
this chapter. The school authorities of any school district shall establish policies and procedures to ensure
the provision of continued educational programming and activities for students removed from the
classroom pursuant to this subdivision and provided further that nothing in this subdivision shall authorize
the removal of a pupil in violation of any state or federal law or regulation. No pupil shall return to the
classroom until the principal makes a final determination pursuant to paragraph c of this subdivision, or
the period of removal expires, whichever is less.
teacher shall, prior to removing the student from the classroom, provide the student with an explanation
of the basis for the removal and allow the pupil to informally present the pupil's version of relevant
events. In all other cases, the teacher shall provide the pupil with an explanation of the basis for the
removal and an informal opportunity to be heard within twenty-four hours of the pupil's removal.
Page 21
ADMINISTRATIVE CODE
e. provisions prescribing the period for which a disruptive pupil may be removed from the classroom for
each incident, provided that no such pupil shall return to the classroom until the principal makes a final
determination pursuant to Education Law section 3214(3-a)(c), or the period of removal expires,
whichever is less;

STATUTES
ADMINISTRATIVE CODE
19.5. Prohibition of corporal punishment and aversive interventions.
(a) Prohibition of corporal punishment.
(1) No teacher, administrator, officer, employee or agent of a school district in this State, a board of
cooperative educational services (BOCES), a charter school, State-operated or State-supported school,
an approved preschool program, an approved private school, an approved out-of-state day or
residential school, or a registered nonpublic nursery, kindergarten, elementary or secondary school in
this State, shall use corporal punishment against a pupil.
(2) As used in this section, corporal punishment means any act of physical force upon a pupil for the
purpose of punishing that pupil, except as otherwise provided in paragraph (3) of this subdivision.
(3) In situations in which alternative procedures and methods not involving the use of physical force
cannot reasonably be employed, nothing contained in this section shall be construed to prohibit the use
of reasonable physical force for the following purposes:
(i) to protect oneself from physical injury;
(ii) to protect another pupil or teacher or any person from physical injury;
(iii) to protect the property of the school, school district or others; or
(iv) to restrain or remove a pupil whose behavior is interfering with the orderly exercise and
performance of school or school district functions, powers and duties, if that pupil has refused to
comply with a request to refrain from further disruptive acts.
(b) Prohibition of the use of aversive interventions.
(1) No public school, BOCES, charter school, approved preschool program, approved private school,
State-operated or State-supported school in this State, approved out-of-state day or residential school,
or registered nonpublic nursery, kindergarten, elementary or secondary school in this State shall
employ the use of aversive behavioral interventions to reduce or eliminate maladaptive behaviors,
except as provided pursuant to section 200.22(e) and (f) of this Title.
(2) As used in this section, aversive intervention means: an intervention that is intended to induce pain
or discomfort to a student for the purpose of eliminating or reducing maladaptive behaviors, including
such interventions as:
(i) contingent application of noxious, painful, intrusive stimuli or activities; strangling, shoving, deep
muscle squeezes or other similar stimuli;
(ii) any form of noxious, painful or intrusive spray, inhalant or tastes;
Page 22
(iii) contingent food programs that include the denial or delay of the provision of meals or intentionally
altering staple food or drink in order to make it distasteful;
(iv) movement limitation used as a punishment, including but not limited to helmets and mechanical
restraint devices; or
(v) other stimuli or actions similar to the interventions described in subparagraphs (i) through (iv) of
this paragraph.
The term does not include such interventions as voice control, limited to loud, firm commands; timelimited ignoring of a specific behavior; token fines as part of a token economy system; brief physical
prompts to interrupt or prevent a specific behavior; interventions medically necessary for the treatment
or protection of the student; or other similar interventions.
200.22. Program standards for behavioral interventions.
Behavioral interventions for students with disabilities shall be provided in accordance with this section and
those other applicable provisions of this Part and/or Part 201 that are not inconsistent with this section.
(a) Assessment of student behaviors. For purposes of this section, an assessment of student behaviors
shall mean a functional behavioral assessment (FBA), as such term is defined in section 200.1(r) of this
Part.
(1) A FBA shall be conducted as required in section 200.4 of this Part and section 201.3 of this Title.
(2) The FBA shall, as appropriate, be based on multiple sources of data including, but not limited to,
information obtained from direct observation of the student, information from the student, the
student's teacher(s) and/or related service provider(s), a review of available data and information from
the student's record and other sources including any relevant information provided by the student's
parent. The FBA shall not be based solely on the student's history of presenting problem behaviors.
(3) The FBA shall provide a baseline of the student's problem behaviors with regard to frequency,
duration, intensity and/or latency across activities, settings, people and times of the day and include
the information required in section 200.1(r) of this Part in sufficient detail to form the basis for a
behavioral intervention plan for the student that addresses antecedent behaviors, reinforcing
consequences of the behavior, recommendations for teaching alternative skills or behaviors and an
assessment of student preferences for reinforcement.
(b) Behavioral intervention plan.
(1) The CSE or CPSE shall consider the development of a behavioral intervention plan, as such term
is defined in section 200.1(mmm) of this Part, for a student with a disability when:
(i) the student exhibits persistent behaviors that impede his or her learning or that of others, despite
consistently implemented general school-wide or classroom-wide interventions;
(ii) the student's behavior places the student or others at risk of harm or injury;
(iii) the CSE or CPSE is considering more restrictive programs or placements as a result of the
student's behavior; and/or
(iv) as required pursuant to section 201.3 of this Title.
(2) In accordance with the requirements in section 200.4 of this Part, in the case of a student whose
behavior impedes his or her learning or that of others, the CSE or CPSE shall consider strategies,
including positive behavioral interventions and supports and other strategies to address that behavior.
If a particular device or service, including an intervention, accommodation or other program
modification is needed to address the student's behavior that impedes his or her learning or that of
others, the IEP shall so indicate. A student's need for a behavioral intervention plan shall be
documented on the IEP and such plan shall be reviewed at least annually by the CSE or CPSE.
Page 23
(3) Except as provided in subdivision (e) of this section, a behavioral intervention plan shall not
include the use of aversive interventions.
(4) The behavioral intervention plan shall identify:
(i) the baseline measure of the problem behavior, including the frequency, duration, intensity and/or
latency of the targeted behaviors. Such baseline shall, to the extent practicable, include data taken
across activities, settings, people and times of the day. The baseline data shall be used as a
standard to establish performance criteria and against which to evaluate intervention effectiveness;
(ii) the intervention strategies to be used to alter antecedent events to prevent the occurrence of the
behavior, teach individual alternative and adaptive behaviors to the student, and provide
consequences for the targeted inappropriate behavior(s) and alternative acceptable behavior(s);
and
(iii) a schedule to measure the effectiveness of the interventions, including the frequency, duration
and intensity of the targeted behaviors at scheduled intervals.
(5) Progress monitoring. The implementation of a student's behavioral intervention plan shall include
regular progress monitoring of the frequency, duration and intensity of the behavioral interventions at
scheduled intervals, as specified in the behavioral intervention plan and on the student's IEP. The
results of the progress monitoring shall be documented and reported to the student's parents and to
the CSE or CPSE and shall be considered in any determination to revise a student's behavioral
intervention plan or IEP.
(c) Use of time out rooms. A time out room is an area for a student to safely deescalate, regain control
and prepare to meet expectations to return to his or her education program. Time out rooms are to be
used in conjunction with a behavioral intervention plan in which a student is removed to a supervised
area in order to facilitate self-control or to remove a student from a potentially dangerous situation and
as provided in paragraph (3) of this subdivision.
(1) Each school which uses a time out room as part of its behavior management approach shall
ensure that the school's policy and procedures on the use of the time out room are developed and
implemented consistent with this subdivision, including the physical and monitoring requirements,
parental rights and IEP requirements for students with disabilities. The school's policy and procedures
shall minimally include:
(i) prohibiting placing a student in a locked room or space or in a room where the student cannot be
continuously observed and supervised;
(ii) factors which may precipitate the use of the time out room;
(iii) time limitations for the use of the time out room;
(iv) staff training on the policies and procedures related to the use of time out room;
(v) data collection to monitor the effectiveness of the use of time out rooms; and
(vi) information to be provided to parents.
(2) A student's IEP shall specify when a behavioral intervention plan includes the use of a time out
room for a student with a disability, including the maximum amount of time a student will need to be in
a time out room as a behavioral consequence as determined on an individual basis in consideration
of the student's age and individual needs.
(3) Except for unanticipated situations that pose an immediate concern for the physical safety of a
student or others, the use of a time out room shall be used only in conjunction with a behavioral
intervention plan that is designed to teach and reinforce alternative appropriate behaviors.
(4) The school district shall inform the student's parents prior to the initiation of a behavioral
intervention plan that will incorporate the use of a time out room for a student and shall give the
Page 24
parent the opportunity to see the physical space that will be used as a time out room and provide the
parent with a copy of the school's policy on the use of time out rooms.
(5) The physical space used as a time out room shall provide a means for continuous visual and
auditory monitoring of the student. The room shall be of adequate width, length and height to allow
the student to move about and recline comfortably. Wall and floor coverings should be designed to
prevent injury to the student and there shall be adequate lighting and ventilation. The temperature of
the room shall be within the normal comfort range and consistent with the rest of the building. The
room shall be clean and free of objects and fixtures that could be potentially dangerous to a student
and shall meet all local fire and safety codes.
(6) The time out room shall be unlocked and the door must be able to be opened from the inside. The
use of locked rooms or spaces for purposes of time out is prohibited.
(7) Staff shall continuously monitor the student in a time out room. The staff must be able to see and
(8) The school shall establish and implement procedures to document the use of the time out room,
including information to monitor the effectiveness of the use of the time out room to decrease
specified behaviors.
(9) For an education program operated pursuant to section 112 of the Education Law and Part 116 of
this Title, if a provision of this section relating to use of time out rooms conflicts with the rules of the
respective State agency operating such program, the rules of such State agency shall prevail and the
conflicting provisions of this section shall not apply.
(d) Emergency/interventions.
(1) For purposes of this subdivision, emergency means a situation in which immediate intervention
involving the use of reasonable physical force pursuant to section 19.5(a)(3) of this Title is necessary.
(2) Use of emergency interventions
(i) Emergency interventions shall be used only in situations in which alternative procedures and
methods not involving the use of physical force cannot reasonably be employed.
(ii) Emergency interventions shall not be used as a punishment or as a substitute for systematic
behavioral interventions that are designed to change, replace, modify or eliminate a targeted
behavior.
(3) Staff training. Staff who may be called upon to implement emergency interventions shall be
provided with appropriate training in safe and effective restraint procedures in accordance with
sections 100.2(l)(1)(i)(g) of this Title and 200.15(f)(1) of this Part as applicable.
(4) Documentation. The school must maintain documentation on the use of emergency interventions
for each student, which shall include the name and date of birth of the student; the setting and the
location of the incident; the name of the staff or other persons involved; a description of the incident
and the emergency intervention used, including duration; a statement as to whether the student has a
current behavioral intervention plan; and details of any injuries sustained by the student or others,
including staff, as a result of the incident. The parent of the student shall be notified and
documentation of emergency interventions shall be reviewed by school supervisory personnel and, as
necessary, the school nurse or other medical personnel.
(5) Applicability. For an education program operated pursuant to section 112 of the Education Law
and Part 116 of this Title, if a provision of this section relating to emergency interventions conflicts
with the rules of the respective State agency operating such program, the rules of such State agency
shall prevail and the conflicting provision of this section shall not apply.
Page 25
(e) Child-specific exception to use aversive interventions to reduce or modify student behaviors. A childspecific exception to the prohibition of the use of aversive interventions set forth in section 19.5 of this
Title may be granted for a school-age student, in accordance with the procedures outlined in this
subdivision, only during the 2006-2007, 2007-2008 and 2008-2009 school years; provided that a
student whose IEP includes the use of aversive interventions as of June 30, 2009 may be granted a
child-specific exception in each subsequent school year, unless the IEP is revised to no longer include
such exception. No child-specific exception shall be granted for a preschool student.
(1) Aversive interventions shall be considered only for students who are displaying self- injurious
and/or aggressive behaviors that threaten the physical well being of the student or that of others, and
only to address such behaviors.
(2) No child-specific exception shall be granted for interventions used as a consequence for behavior
which are intended to induce pain or discomfort that include ice applications, hitting, slapping,
pinching, deep muscle squeezes, use of an automated aversive conditioning device, the combined
simultaneous use of physical or mechanical restraints and the application of an aversive intervention;
withholding of sleep, shelter, bedding, bathroom facilities, denial or unreasonable delays in providing
regular meals to the student that would result in a student not receiving adequate nutrition; the
placement of a child unsupervised or unobserved in a room from which the student cannot
exit without assistance or actions similar to these interventions at the discretion of the commissioner.
(3) Whenever a CSE is considering whether a child-specific exception is warranted, the school district
shall submit an application to the commissioner in a form prescribed by the commissioner requesting
a review of student specific information by an independent panel of experts.
(4) The commissioner shall refer the application to an independent panel of experts appointed by the
commissioner or commissioner's designee for a recommendation to the CSE as to whether a childspecific exception is warranted. The panel shall be comprised of three professionals with appropriate
clinical and behavioral expertise to make such determinations.
(5) The panel shall review the written application; the student's IEP; the student's diagnosis(es); the
student's functional behavioral assessment; any proposed, current and/or prior behavioral
intervention plans for the student, including documentation of the implementation and progress
monitoring of the effectiveness of such plans; and other relevant individual evaluations and medical
information that allow for an assessment of the student's cognitive and adaptive abilities and general
health status, including any information provided by the student's parent.
(6) The panel's recommendation to the CSE that a child-specific exception is warranted shall be
based on the professional judgment of the panel that:
(i) the student is displaying self-injurious or aggressive behaviors that threaten the physical well
being of the student or that of others and a full range of evidence-based positive behavioral
interventions have been consistently employed over an appropriate period of time and have failed
to result in sufficient improvement of a student's behavior; or
(ii) the student's self-injurious or aggressive behaviors are of such severity as to pose significant
health and safety concerns that warrant the use of aversive interventions to effect rapid
suppression of the behavior and a range of nonaversive prevention strategies have been employed
and have failed to provide a sufficient level of safety.
(7) The panel shall notify the school district and the commissioner of its recommendation as to
whether a child-specific exception is warranted and the reasons therefor. For students whose current
IEP does not include a child-specific exception, the panel shall provide such notice within 15 business
days of receipt of an application.
Page 26
(8) The CSE shall determine, based on its consideration of the recommendation of the panel, whether
the student's IEP shall include a child-specific exception allowing the use of aversive interventions.
The determination to provide a child-specific exception shall be made by the CSE and not by a
subcommittee. The CSE shall request the participation of the school physician member in such
determination. The school district shall notify and provide a copy of the student's IEP to the
commissioner when a child-specific exception has been included in the student's IEP.
(9) Any IEP providing for a child-specific exception allowing the use of aversive interventions shall
identify the specific:
(i) self-injurious and/or aggressive targeted behavior(s);
(ii) aversive intervention(s) to be used to address the behavior(s); and
(iii) aversive conditioning device(s) and/or mechanical restraint device(s) where the aversive
intervention(s) includes the use of such device(s).
(10) Nothing in this section shall authorize the use of aversive interventions without the informed
written consent of the student's parent.
(11) Any such child-specific exception shall be in effect only during the time period the IEP providing
such exception is in effect. If the continued use of an aversive intervention for a student is being
considered for subsequent IEP(s), the CSE shall submit an annual application to the commissioner
for each such IEP(s). If the student's IEP is amended or a subsequent IEP is adopted to no longer
include a child-specific exception, the school district need not notify the panel but shall submit a
revised copy of the student's IEP to the commissioner.
(12) For an education program operated pursuant to section 112 of the Education Law and Part 116
of this Title, if a provision of this section relating to the use of aversive interventions conflicts with the
rules of the respective State agency operating such program, the rules of such State agency shall
prevail and the conflicting provision of this section shall not apply.
(13) Coordination with licensing agencies. Nothing in this section shall authorize a school or agency to
provide aversive interventions that are otherwise prohibited by the State agency licensing such
program.
(f) Program standards for the use of aversive interventions.
(1) Applicability.
(i) The requirements in this subdivision shall apply to any public school, BOCES, charter school,
approved private school, State-operated or State-supported school in this State and an approved
out-of-state day or residential school that proposes to use aversive interventions subject to the
approval of the Department.
(ii) For an education program operated pursuant to section 112 of the Education Law and Part 116
of this Title, if a provision of this section relating to the use of aversive interventions conflicts with
the rules of the respective State agency operating such program, the rules of such State agency
shall prevail and the conflicting provision of this section shall not apply.
(2) General requirements. Any program that employs the use of aversive interventions to modify an
individual student's behavior as authorized pursuant to subdivision (e) of this section shall comply
with the following standards:
(i) The program shall provide for the humane and dignified treatment of the student. The program
shall promote respect for the student's personal dignity and right to privacy and shall not employ the
use of threats of harm, ridicule or humiliation, nor implement behavioral interventions in a manner
that shows a lack of respect for basic human needs and rights.
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(ii) Aversive intervention procedures may be used only if such interventions are recommended by
the CSE consistent with the student's IEP and behavioral intervention plan as determined by the
CSE.
(iii) Aversive intervention procedures shall not be the sole or primary intervention used with a
student and shall be used in conjunction with other related services, as determined by the CSE,
such as verbal or other counseling services, speech and language therapy and/or functional
communication training.
(iv) Aversive interventions shall be combined with reinforcement procedures, as individually
determined based on an assessment of the student's reinforcement preferences.
(v) Aversive interventions shall be implemented consistent with peer-reviewed research based
practices and shall include individualized procedures for generalization and maintenance of
behaviors and for the fading of the use of such aversive interventions.
(vi) The use of aversive interventions shall be limited to those self-injurious or aggressive behaviors
identified for such interventions on the student's IEP.
(vii) Whenever possible, the use of aversive interventions shall apply the lowest intensity for the
shortest duration and period of time that is effective to treat the problem behavior and employ
strategies that increase the effectiveness of mild levels of aversive interventions. In the event the
aversive intervention fails to result in a suppression or reduction of the behavior over time,
alternative procedures shall be considered that do not include increasing the magnitude of the
aversive intervention.
(viii) The use of any aversive conditioning device used to administer an electrical shock or other
noxious stimuli to a student to modify undesirable behavioral characteristics shall be limited to
devices tested for safety and efficacy and approved for such use by the United States Food and
Drug Administration where such approval is required by Federal regulation. The magnitude,
frequency and duration of any administration of aversive stimulus from such a device must have
been shown to be safe and effective in clinical peer-reviewed studies. The use of automated
aversive conditioning devices is prohibited.
(ix) No program may combine the simultaneous use on a student of a physical or mechanical
restraint device with another aversive intervention.
(3) Human Rights Committee.
(i) Each school that uses aversive interventions with students shall establish a Human Rights
Committee to monitor the school's behavior intervention program for any student being considered
for or receiving aversive interventions to ensure the protection of legal and human rights of
individuals.
(ii) Each Human Rights Committee shall be comprised of individuals not employed by the school or
agency, which shall include at least one licensed psychologist with appropriate credentials in
applied behavior analysis; one licensed physician, physician's assistant or nurse practitioner; one
registered dietician or nutritionist; one attorney, law student or paralegal; and one parent or parent
advocate and may include not more than two additional individuals selected by the school agency.
In addition, when the purpose of the Human Rights Committee meeting includes a review of an
individual New York State student's program, a representative of the school district or agency
placing the student in the program and a representative of the department shall be invited to
participate.
(iii) The Human Rights Committee shall meet at least quarterly to review, monitor and investigate
the implementation of students' behavioral intervention plans that include aversive interventions. A
written report on the findings and recommendations of the Human Rights Committee regarding an
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individual student shall be provided to the CSE of the student and to the agency that placed the
student in the program.
(4) Supervision and training requirements. Aversive interventions shall be administered by
appropriately licensed professionals or certified special education teachers in accordance with Part
80 of this Title and sections 200.6 and 200.7 of this Part or under the direct supervision and direct
observation of such staff. Training shall be provided on a regular, but at least annual basis, which
shall include, but not be limited to, training on:
(i) safe and therapeutic emergency physical restraint interventions;
(ii) data collection of the frequency, duration and latency of behaviors;
(iii) identification of antecedent behaviors and reinforcing consequences of the behavior;
(iv) approaches to teach alternative skills or behaviors including functional communication training;
(v) assessment of student preferences for reinforcement;
(vi) assessing and responding to the collateral effects of the use of aversive interventions including,
but not limited to, effects on a student's health, increases in aggression, increases in escape
behaviors and/or emotional reactions;
(vii) privacy rights of students; and
(viii) documentation and reporting of incidents, including emergency restraints and injuries.
(5) Parent consent. Aversive interventions shall be provided only with the informed written consent of
the parent and no parent shall be required by the program to remove the student from the program if
he or she refuses consent for an aversive intervention. A parent shall be given a copy of the
school's policies and procedures on the use of aversive interventions.
(6) Quality assurance reviews. The program providing aversive interventions shall conduct periodic
reviews of all incident reports relating to such interventions to ensure that practices are clinically
sound, supported by proper documentation and consistent with these program standards and the
school's policies and procedures as approved by the department.
(7) Progress monitoring.
(i) The program shall provide for ongoing monitoring of student progress, including the collection
and review of data and information. Such information shall include reports on the assessment of
and strategies used to address any indirect or collateral effects the use of aversive interventions
may be having on the student, including, but not limited to, increases in aggressive or escape
behaviors, health-related effects and/or emotional reactions. The program shall submit quarterly
written progress reports on the implementation of the student's behavioral intervention program to
the CSE and to the agency that placed the student in the program.
(ii) A school district that places a student in a program that uses aversive interventions with such
student shall be responsible to ensure that the student's IEP and behavioral intervention plan are
being implemented. The CSE shall convene at least every six months, or more frequently as
needed, to review the student's educational program and placement for any student for whom the
CSE has recommended the use of aversive interventions. Such review shall include the review of
written progress monitoring and incident reports, documentation from observations of and, as
appropriate, interviews with the student in the program and the concerns of the student's parent. A
representative of the school district shall observe the student at least every six months and, as
appropriate, interview the student in the program and communicate regularly with the student's
parent and shall report the results thereof to the CSE.
(8) Policies and procedures. Each school that proposes to use aversive interventions pursuant to a
child-specific exception shall submit its policies and procedures consistent with this subdivision to the
Page 29
department for approval prior to the use of such interventions. Only those schools with policies and
procedures approved by the department on or before June 30, 2007 shall be authorized to use such
interventions.
STATUTES
2. Special day schools. The school authorities of any city or school district may establish schools or set
apart rooms in public school buildings for the instruction of school delinquents, and fix the number of days
per week and the hours per day of required attendance, which shall not be less than is required of minors
attending the full time day schools.
4112. Commissioner of education to contract for keeping of truants.
The commissioner of education may contract with any city or district having a school for delinquents, for
the confinement, maintenance and instruction therein of any child who shall be committed to such school
as a truant by any magistrate before whom such child shall have been examined upon the charge of
truancy. The costs and expenses attending the support and maintenance of any truant, as herein
provided, shall be audited by the commissioner of education and paid in the same manner as the
expenses of supporting and maintaining the schools on a reservation are paid.
ADMINISTRATIVE CODE
e. alternative educational programs appropriate to individual students needs;
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Conditions
STATUTES
2-a. a. Violent pupil. For the purposes of this section, a violent pupil is an elementary or secondary
student under twenty-one years of age who:
(3) possesses, while on school district property, a gun, knife, explosive or incendiary bomb, or other
dangerous instrument capable of causing physical injury or death;
(4) displays, while on school district property, what appears to be a gun, knife, explosive or incendiary
bomb or other dangerous instrument capable of causing death or physical injury;
for a period of not less than one calendar year and any nonpublic school pupil participating in a
program operated by a public school district using funds from the elementary and secondary education
act of nineteen hundred sixty-five who is determined under this subdivision to have brought a weapon
to a public school or other premises used by the school district to provide such programs shall be
suspended for a period of not less than one calendar year from participation in such program. The
procedures of this subdivision shall apply to such a suspension of a nonpublic school pupil. A
superintendent of schools, district superintendent of schools or community superintendent shall have
the authority to modify this suspension requirement for each student on a case-by-case basis. The
determination of a superintendent shall be subject to review by the board of education pursuant to
paragraph c of this subdivision and the commissioner pursuant to section three hundred ten of this
chapter. Nothing in this subdivision shall be deemed to authorize the suspension of a student with a
disability in violation of the individuals with disabilities education act or article eighty-nine of this chapter.
A superintendent shall refer the pupil under the age of sixteen who has been determined to have
brought a weapon to school in violation of this subdivision to a presentment agency for a juvenile
delinquency proceeding consistent with article three of the family court act except a student fourteen or
fifteen years of age who qualifies for juvenile offender status under subdivision forty-two of section 1.20
of the criminal procedure law. A superintendent shall refer any pupil sixteen years of age or older or a
student fourteen or fifteen years of age who qualifies for juvenile offender status under subdivision fortytwo of section 1.20 of the criminal procedure law, who has been determined to have brought a weapon
to school in violation of this subdivision to the appropriate law enforcement officials.
Other weapons
STATUTES
Page 31
d. disciplinary measures to be taken in incidents involving the possession or use of illegal substances or
weapons, the use of physical force, vandalism, violation of another student's civil rights and threats of
violence;
pupil who is determined under this subdivision to have brought a weapon to school shall be
suspended for a period of not less than one calendar year and any nonpublic school pupil
participating in a program operated by a public school district using funds from the elementary and
secondary education act of nineteen hundred sixty-five who is determined under this subdivision to
have brought a weapon to a public school or other premises used by the school district to provide
such programs shall be suspended for a period of not less than one calendar year from participation
in such program. The procedures of this subdivision shall apply to such a suspension of a nonpublic
school pupil. A superintendent of schools, district superintendent of schools or community
superintendent shall have the authority to modify this suspension requirement for each student on a
case-by-case basis. The determination of a superintendent shall be subject to review by the board of
education pursuant to paragraph c of this subdivision and the commissioner pursuant to section three
hundred ten of this chapter. Nothing in this subdivision shall be deemed to authorize the suspension
of a student with a disability in violation of the individuals with disabilities education act or article
eighty-nine of this chapter. A superintendent shall refer the pupil under the age of sixteen who has
been determined to have brought a weapon to school in violation of this subdivision to a presentment
agency for a juvenile delinquency proceeding consistent with article three of the family court act
except a student fourteen or fifteen years of age who qualifies for juvenile offender status under
subdivision forty-two of section 1.20 of the criminal procedure law. A superintendent shall refer any
pupil sixteen years of age or older or a student fourteen or fifteen years of age who qualifies for
juvenile offender status under subdivision forty-two of section 1.20 of the criminal procedure law, who
has been determined to have brought a weapon to school in violation of this subdivision to the
appropriate law enforcement officials.
ADMINISTRATIVE CODE
f. disciplinary measures to be taken in incidents on school property or at school functions involving the
possession or use of illegal substances or weapons, the use of physical force, vandalism, violation of
another student's civil rights, harassment and threats of violence;
Page 32

STATUTES
l. a minimum suspension period, for students who repeatedly are substantially disruptive of the
educational process or substantially interfere with the teacher's authority over the classroom, provided
that the suspending authority may reduce such period on a case by case basis to be consistent with
any other state and federal law. For purposes of this section, the definition of "repeatedly are
substantially disruptive" shall be determined in accordance with the regulations of the commissioner;
1. School delinquent. A minor under seventeen years of age, required by any of the provisions of part one
of this article to attend upon instruction, who is an habitual truant from such instruction or is irregular in
such attendance or insubordinate or disorderly or disruptive or violent during such attendance, is a school
delinquent.
ADMINISTRATIVE CODE
f. disciplinary measures for violation of the school policies developed in accordance with
subparagraphs (ii) and (iii) of this paragraph. Such measures shall be appropriate to the seriousness
of the offense and where applicable to the previous disciplinary record of the student. Any suspension
from attendance upon instruction may be imposed only in accordance with section 3214 of the
Education Law;
o. a minimum suspension period, for any student who repeatedly is substantially disruptive of the
educational process or substantially interferes with the teacher's authority over the classroom, provided
that the suspending authority may reduce such period on a case-by-case basis to be consistent with
any other State and Federal Law. For purposes of this requirement, "repeatedly is substantially
disruptive of the educational process or substantially interferes with the teacher's authority over the
classroom" shall mean engaging in conduct which results in the removal of the student from the
classroom by teacher(s) pursuant to the provisions of Education Law section 3214(3-a) and the
provisions set forth in the code of conduct on four or more occasions during a semester, or three or
more occasions during a trimester, as applicable;
Page 33

STATUTES
3205.
Attendance of minors upon full time day instruction.
1. a. In each school district of the state, each minor from six to sixteen years of age shall attend upon full
time instruction.
b. Each minor from six to sixteen years of age on an Indian reservation shall attend upon full time day
instruction.
c. For purposes of this article, a minor who becomes six years of age on or before the first of December
in any school year shall be required to attend upon full time instruction from the first day that the
appropriate public schools are in session in September of such school year, and a minor who becomes
six years of age after the first of December in any school year shall be required to attend upon full time
instruction from the first day of session in the following September; and, except as otherwise provided
in subdivision three of this section, shall be required to remain in attendance until the last day of
session in the school year in which the minor becomes sixteen years of age.
2. Exceptions.
a. A minor who has completed a four-year high school course of study shall not be subject to the
provisions of part one of this article in respect to required attendance upon instruction.
b. A minor for whom application for a full-time employment certificate has been made and who is
eligible therefor may, though unemployed, be permitted to attend part time school not less than twenty
hours per week instead of full time school.
c. The board of education of the Syracuse city school district and the board of education of the city
school district of the city of New York and the board of education of the city school district of the city of
Rochester are hereby authorized to require minors who are five years of age on or before December
first to attend kindergarten instruction.
However, the provisions of this paragraph shall not apply to:
(i) Minors whose parents elect not to enroll their children in school until the following September.
(ii) Students enrolled in non-public schools or in home instruction.
3. In each school district, the board of education shall have power to require minors from sixteen to
seventeen years of age who are not employed to attend upon full time day instruction until the last day of
session in the school year in which the student becomes seventeen years of age.
3210. Amount and character of required attendance.
1. Regularity and conduct.
a. A minor required by the provisions of part one of this article to attend upon instruction shall attend
regularly as prescribed where he resides or is employed, for the entire time the appropriate public
schools or classes are in session and shall be subordinate and orderly while so attending.
b. Absence for religious observance and education shall be permitted under rules that the
commissioner shall establish.
c. In the event that a person requests the release of a minor required by the provisions of part one of
this article to attend upon instruction, the identity of such person shall be verified against a list of names
provided by the person or persons in parental relation to the minor, as defined in section two of this
chapter, at the time of such minor's enrollment. The school district may adopt appropriate procedures
for the purpose of submitting a list of names at a later date or updating the list of names provided by the
person or persons in parental relation. If such person is identified as one of those persons included on
Page 34
such list, such minor may be released from attendance. If such person is identified as a person not
included on such list, such minor may not be released except in the event of an emergency as
determined in the sole discretion of the principal of the school, or his designee, provided that the person
or persons in parental relation to the minor have been contacted and have agreed to such release. A
school district may presume that either parent of the student has authority to obtain the release of said
minor unless the school district has been provided with a certified copy of the legally binding instrument
such as the court order or decree of divorce, separation or custody which provides evidence to the
contrary. No situation shall be deemed an emergency until the facts of such situation have been verified
by such principal or his designee. No civil or criminal liability shall arise or attach to any school district
or employee thereof for any act or omission to act as a result of, or in connection with, the duties or
activities authorized or directed by this paragraph. The foregoing procedure shall not apply to release of
a minor pursuant to the protective custody provisions of the social services law and the family court act.
2. Attendance elsewhere than at a public school.
a. Hours of attendance. If a minor included by the provisions of part one of this article attends upon
instruction elsewhere than at a public school, he shall attend for at least as many hours, and within the
hours specified therefor.
b. Absence. Absence from required attendance shall be permitted only for causes allowed by the
general rules and practices of the public schools. Absence for religious observance and education shall
be permitted under rules that the commissioner shall establish.
c. Holidays and vacations. Holidays and vacations shall not exceed in total amount and number those
allowed by the public schools.
d. Exception. In applying the foregoing requirements a minor required to attend upon full time day
instruction by the provisions of part one of this article may be permitted to attend for a shorter school
day or for a shorter school year or for both, provided, in accordance with the regulations of the state
education department, the instruction he receives has been approved by the school authorities as being
substantially equivalent in amount and quality to that required by the provisions of part one of this
article.
3211. Records of attendance upon instruction.
1. Who shall keep such record. The teacher of every minor required by the provisions of part one of this
article to attend upon instruction, or any other school district employee as may be designated by the
commissioner of education under section three thousand twenty-four of this chapter, shall keep an
accurate record of the attendance and absence of such minor. Such record shall be in such form as may
be prescribed by the commissioner of education.
2. Certificates of attendance to be presumptive evidence. A duly certified transcript of the record of
attendance and absence of a child which has been kept, as provided in this section, shall be accepted as
presumptive evidence of the attendance of such child in any proceeding brought under the provisions of
part one of this article.
3. Inspection of records of attendance. An attendance officer, or any other duly authorized representative
of the school authorities, may at any time during school hours, demand the production of the records of
attendance of minors required to be kept by the provisions of part one of this article, and may inspect or
copy the same and make all proper inquiries of a teacher or principal concerning the records and the
attendance of such minors.
4. Duties of principal or person in charge of the instruction of a minor. The principal of a school, or other
person in charge of the instruction upon which a minor attends, as provided by part one of this article,
shall cause the record of his attendance to be kept and produced and all appropriate inquiries in relation
thereto answered as hereinbefore required. He shall give prompt notification in writing to the school
Page 35
authorities of the city or district of the discharge or transfer of any such minor from attendance upon
instruction, stating the date of the discharge, its cause, the name of the minor, his date of birth, his place
of residence prior to and following discharge, if such place of residence be known, and the name of the
person in parental relation to the minor.
4111. Arrest of truants.
Any attendance officer may arrest without warrant anywhere within the state any Indian child between six
and sixteen years of age, found away from his home and who is then a truant from instruction upon which
he is lawfully required to attend within the districts of which such attendance officer has jurisdiction. He
shall forthwith deliver a child so arrested either to the person in parental relation to the child, or to the
teacher of the school from which said child is then a truant, or in case of habitual or incorrigible truants,
shall bring them before a magistrate for commitment to a school for delinquents, as provided in section
forty-one hundred twelve.
4112. Commissioner of education to contract for keeping of truants.
The commissioner of education may contract with any city or district having a school for delinquents, for
the confinement, maintenance and instruction therein of any child who shall be committed to such school
as a truant by any magistrate before whom such child shall have been examined upon the charge of
truancy. The costs and expenses attending the support and maintenance of any truant, as herein
provided, shall be audited by the commissioner of education and paid in the same manner as the
expenses of supporting and maintaining the schools on a reservation are paid.
Substance use
STATUTES
d. disciplinary measures to be taken in incidents involving the possession or use of illegal substances or
weapons, the use of physical force, vandalism, violation of another student's civil rights and threats of
violence;
3028-a. Students under twenty-one years of age suspected of alcohol abuse or narcotic addiction.
Any teacher, school administrator, school guidance counselor, school psychologist, school drug
counselor, school nurse, supervisor of attendance, attendance teacher or attendance officer having
reasonable cause to suspect that a secondary or elementary student under twenty-one years of age is a
substance or alcohol abuser or substance dependent, who report such information to the appropriate
secondary or elementary school officials pursuant to the school's drug policy or if the school has no drug
policy to the school's principal or the parents or legal guardians of such student under twenty-one years of
age shall have immunity from any civil liability that might otherwise be incurred or imposed as a result of
the making of such a report.
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ADMINISTRATIVE CODE

STATUTES
11. Definitions.
For the purposes of this article, the following terms shall have the following meanings:
3. "Disability" shall mean disability as defined in subdivision twenty-one of section two hundred ninetytwo of the executive law.
4. "Employee" shall mean employee as defined in subdivision three of section eleven hundred twentyfive of this title.
5. "Sexual orientation" shall mean actual or perceived heterosexuality, homosexuality or bisexuality.
6. "Gender" shall mean actual or perceived sex and shall include a person's gender identity or
expression.
7. "Harassment" and "bullying" shall mean the creation of a hostile environment by conduct or by
threats, intimidation or abuse, including cyberbullying, that (a) has or would have the effect of
unreasonably and substantially interfering with a student's educational performance, opportunities or
benefits, or mental, emotional or physical well-being; or (b) reasonably causes or would reasonably be
expected to cause a student to fear for his or her physical safety; or (c) reasonably causes or would
reasonably be expected to cause physical injury or emotional harm to a student; or (d) occurs off school
property and creates or would foreseeably create a risk of substantial disruption within the school
environment, where it is foreseeable that the conduct, threats, intimidation or abuse might reach school
property. Acts of harassment and bullying shall include, but not be limited to, those acts based on a
person's actual or perceived race, color, weight, national origin, ethnic group, religion, religious practice,
disability, sexual orientation, gender or sex. For the purposes of this definition the term "threats,
intimidation or abuse" shall include verbal and non-verbal actions.
8. "Cyberbullying" shall mean harassment or bullying as defined in subdivision seven of this section,
including paragraphs (a), (b), (c) and (d) of such subdivision, where such harassment or bullying occurs
through any form of electronic communication.
1. No student shall be subjected to harassment by employees or students on school property or at a
school function; nor shall any student be subjected to discrimination based on a persons actual or
perceived race, color, disability, sexual orientation, gender, or sex by school employees or students on
school property or at a school function. Nothing in this subdivision shall be construed to prohibit a denial
of admission into or exclusion from, a course of instruction based on a persons gender; that would be
permissible under section thirty-two hundred one-a or paragraph (a) of subdivision two of section twentyeight hundred fifty-four of this chapter and Title IX of the Education Amendments of 1972 (20 U.S.C.
section 1681, et seq), or to prohibit, as discrimination based on disability, actions that would be
permissible under section 504 of the Rehabilitation Act of 1973.
Page 37
2. An age-appropriate version of the policy outlined in subdivision one of this section, written in plainlanguage, shall be included in the code of conduct adopted by boards of education and the trustees or
sole trustee pursuant to section twenty-eight hundred one of this chapter and a summary of such policy
shall be included in any summaries required by such section twenty-eight hundred one.
a. identify the principal, superintendent or the principal's or superintendent's designee as the school
employee charged with receiving reports of harassment, bullying and discrimination;
b. enable students and parents to make an oral or written report of harassment, bullying or
discrimination to teachers, administrators and other school personnel that the school district deems
appropriate;
c. require school employees who witness harassment, bullying or discrimination, or receive an oral or
written report of harassment, bullying or discrimination, to promptly orally notify the principal,
superintendent or the principal's or superintendent's designee not later than one school day after
such school employee witnesses or receives a report of harassment, bullying or discrimination, and to
file a written report with the principal, superintendent or the principal or superintendent's designee not
later than two school days after making such oral report;
d. require the principal, superintendent or the principal's or superintendent's designee to lead or
supervise the thorough investigation of all reports of harassment, bullying and discrimination, and to
ensure that such investigation is completed promptly after receipt of any written reports made under
this section;
e. require the school, when an investigation reveals any such verified harassment, bullying or
discrimination, to take prompt actions reasonably calculated to end the harassment, bullying or
discrimination, eliminate any hostile environment, create a more positive school culture and climate,
prevent recurrence of the behavior, and ensure the safety of the student or students against whom
such harassment, bullying or discrimination was directed. Such actions shall be consistent with the
guidelines created pursuant to subdivision four of this section;
f. prohibit retaliation against any individual who, in good faith, reports, or assists in the investigation of,
harassment, bullying or discrimination;
g. include a school strategy to prevent harassment, bullying and discrimination;
h. require the principal to make a regular report on data and trends related to harassment, bullying
and discrimination to the superintendent;
i. require the principal, superintendent or the principal's or superintendent's designee, to notify
promptly the appropriate local law enforcement agency when such principal, superintendent or the
principal's or superintendent's designee, believes that any harassment, bullying or discrimination
constitutes criminal conduct;
j. include appropriate references to the provisions of the school district's code of conduct adopted
pursuant to section twenty-eight hundred one of this chapter that are relevant to harassment, bullying
and discrimination;
k. require each school, at least once during each school year, to provide all school employees,
students and parents with a written or electronic copy of the school district's policies created pursuant
to this section, or a plain-language summary thereof, including notification of the process by which
Page 38
students, parents and school employees may report harassment, bullying and discrimination. This
subdivision shall not be construed to require additional distribution of such policies and guidelines if
they are otherwise distributed to school employees, students and parents;
l. maintain current versions of the school district's policies created pursuant to this section on the
school district's internet website, if one exists;
2. Guidelines to be used in school training programs to discourage the development of harassment,
bullying and discrimination, and to make school employees aware of the effects of harassment,
bullying, cyberbullying and discrimination on students and that are designed:
a. to raise the awareness and sensitivity of school employees to potential harassment, bullying and
discrimination, and
b. to enable employees to prevent and respond to harassment, bullying and discrimination; and
3. Guidelines relating to the development of nondiscriminatory instructional and counseling methods,
and requiring that at least one staff member at every school be thoroughly trained to handle human
relations in the areas of race, color, weight, national origin, ethnic group, religion, religious practice,
disability, sexual orientation, gender, and sex; and
of problem behaviors, and are consistent with the district's code of conduct
5. Training required by this section shall address the social patterns of harassment, bullying and
discrimination, as defined in section eleven of this article, including but not limited to those acts based
on a person's actual or perceived race, color, weight, national origin, ethnic group, religion, religious
practice, disability, sexual orientation, gender or sex, the identification and mitigation of harassment,
bullying and discrimination, and strategies for effectively addressing problems of exclusion, bias and
aggression in educational settings.
16. Protection of people who report harassment, bullying or discrimination.
Any person having reasonable cause to suspect that a student has been subjected to harassment,
bullying or discrimination, by an employee or student, on school grounds or at a school function, who,
acting reasonably and in good faith, reports such information to school officials, to the commissioner or to
law enforcement authorities, acts in compliance with paragraph e or i of subdivision one of section
thirteen of this article, or otherwise initiates, testifies, participates or assists in any formal or informal
proceedings under this article, shall have immunity from any civil liability that may arise from the making
of such report or from initiating, testifying, participating or assisting in such formal or informal proceedings,
and no school district or employee shall take, request or cause a retaliatory action against any such
person who, acting reasonably and in good faith, either makes such a report or initiates, testifies,
participates or assists in such formal or informal proceedings.
Page 39
801-a. Instruction in civility, citizenship and character education.

The regents shall ensure that the course of instruction in grades kindergarten through twelve includes a
component on civility, citizenship and character education. Such component shall instruct students on the
principles of honesty, tolerance, personal responsibility, respect for others, with an emphasis on
discouraging acts of harassment, bullying, discrimination, observance of laws and rules, courtesy, dignity
and other traits which will enhance the quality of their experiences in, and contributions to, the
community. Such component shall include instruction of safe, responsible use of the internet and
electronic communications. The regents shall determine how to incorporate such component in existing
curricula and the commissioner shall promulgate any regulations needed to carry out such determination
of the regents. For the purposes of this section, "tolerance," "respect for others" and "dignity" shall include
awareness and sensitivity to harassment, bullying, discrimination and civility in the relations of people of
different races, weights, national origins, ethnic groups, religions, religious practices, mental or physical
abilities, sexual orientations, genders, and sexes.
ADMINISTRATIVE CODE
b. provisions prohibiting discrimination and harassment against any student, by employees or students
on school property or at a school function, that creates a hostile environment by conduct, with or
without physical contact and/or by verbal threats, intimidation or abuse, of such a severe nature that:
1. has or would have the effect of unreasonably and substantially interfering with a students
educational performance, opportunities or benefits, or mental, emotional and/or physical well-being;
or
2. reasonably causes or would reasonably be expected to cause a student to fear for his or her
physical safety.
Such conduct shall include, but is not limited to, threats, intimidation, or abuse based on a persons
actual or perceived race, color, weight, national origin, ethnic group, religion, religious practices,
disability, sexual orientation, gender as defined in Education Law 11(6), or sex; provided that nothing
in this subdivision shall be construed to prohibit a denial of admission into, or exclusion from, a course
of instruction based on a persons gender that would be permissible under Education Law sections
3201-a or 2854(2) (a) and Title IX of the Education Amendments of 1972 (20 U.S.C. section 1681, et
seq.), or to prohibit, as discrimination based on disability, actions that would be permissible under
section 504 of the Rehabilitation Act of 1973;
g. provisions for responding to acts of discrimination and harassment against students by employees or
students on school property or at a school function pursuant to clause (b) of this subparagraph;
100.2 (JJ). Dignity for all students school employee training program
1. Definitions. As used in this subdivision:
i. School property means in or within any building, structure, athletic playing field, playground, parking
lot or land contained within the real property boundary line of a public elementary or secondary school,
including a charter school; or in or on a school bus, as defined in Vehicle and Traffic Law section 142.
ii. School function means a school-sponsored extracurricular event or activity.
Page 40
iii. "Disability" means disability as defined in Executive Law section 292(21).

iv. Employee means an employee as defined in Education Law section 1125(3), including an
employee of a charter school.
v. "Sexual orientation" means actual or perceived heterosexuality, homosexuality or bisexuality.
vi. Gender" means actual or perceived sex and shall include a persons gender identity or expression.
vii. "Discrimination" means discrimination against any student by a student or students and/or an
employee or employees on school property or at a school function including, but not limited to,
discrimination based on a persons actual or perceived race, color, weight, national origin, ethnic group,
religion, religious practice, disability, sexual orientation, gender or sex.
viii. "Harassment" means the creation of a hostile environment by conduct or by verbal threats,
intimidation or abuse that has or would have the effect of unreasonably and substantially interfering with
a students educational performance, opportunities or benefits, or mental, emotional or physical wellbeing; or conduct, verbal threats, intimidation or abuse that reasonably causes or would reasonably be
expected to cause a student to fear for his or her physical safety; such conduct, verbal threats,
intimidation or abuse includes but is not limited to conduct, verbal threats, intimidation or abuse based
on a persons actual or perceived race, color, weight, national origin, ethnic group, religion, religious
practice, disability, sexual orientation, gender or sex.
2. On or before July 1, 2012, each school district and each charter school shall establish guidelines for its
school or schools to implement, commencing with the 2012-2013 school year and continuing in each
school year thereafter, Dignity for All Students school employee training programs to promote a positive
school environment that is free from discrimination and harassment; and to discourage and respond to
incidents of discrimination and/or harassment on school property or at a school function. Such guidelines
shall be approved by the board of education, trustees or sole trustee of the school district (or by the
chancellor of the city school district, in the case of the City School District of the City of New York) or by
the board of trustees of the charter school.
3. The guidelines shall include, but not be limited to, providing employees, including school and district
administrators and instructional and non-instructional staff, with:
i. training to:
a. raise awareness and sensitivity to potential acts of discrimination and/or harassment directed at
students that are committed by students and/or school employees on school property or at a school
function; including, but not limited to, discrimination and/or harassment based on a person's actual or
perceived race, color, weight, national origin, ethnic group, religion, religious practice, disability,
sexual orientation, gender or sex; and
b. training to enable employees to prevent and respond to incidents of discrimination and/or
harassment;
c. such training may be implemented and conducted in conjunction with existing professional
development training pursuant to subparagraph 100.2(dd)(2)(ii) of this Title and/or with any other
training for school employees; and
ii. guidelines relating to the development of nondiscriminatory instructional and counseling methods.
4. At least one employee in every school shall be designated as a Dignity Act Coordinator and instructed
in the provisions of this subdivision and thoroughly trained to handle human relations in the areas of race,
color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation,
gender, and sex.
i. The designation of each Dignity Act Coordinator shall be approved by the board of education, trustees
or sole trustee of the school district (or in the case of the City School District of the City of New York, by
Page 41
the principal of the school in which the designated employee is employed) or, in the case of a charter
school, by the board of trustees.
ii. The name(s) and contact information for the Dignity Act Coordinator(s) shall be shared with all school
personnel, students, and persons in parental relation, which shall include, but is not limited to, providing
the name, designated school and contact information of each Dignity Act Coordinator by:
a. listing such information in the code of conduct and updates posted on the Internet web site, if
available, of the school or school district, or of the board of cooperative educational services,
pursuant to subclause 100.2(l)(2)(iii)(b)(1) of this Part;
b. including such information in the plain language summary of the code of conduct provided to all
persons in parental relation to students before the beginning of each school year, pursuant to
subclause 100.2(l)(2)(iii)(b)(3);
c. providing such information to parents and persons in parental relation in at least one per school
year district or school mailing or other method of distribution including, but not limited to, sending
such information home with each student and, if such information changes, in at least one
subsequent district or school mailing or other such method of distribution as soon as practicable
thereafter;
d. posting such information in highly-visible areas of school buildings; and
e. making such information available at the district and school-level administrative offices.
iii. In the event a Dignity Act Coordinator vacates his or her position, another school employee shall be
immediately designated for an interim appointment as Coordinator, pending approval of a successor
Coordinator by the applicable governing body as set forth in subparagraph (i) of this paragraph within
30 days of the date the position was vacated. In the event a Coordinator is unable to perform the duties
of his or her position for an extended period of time, another school employee shall be immediately
designated for an interim appointment as Coordinator, pending return of the previous Coordinator to his
or her duties as Coordinator.
5. Nothing in this subdivision shall be construed to prohibit a denial of admission into, or exclusion from, a
course of instruction based on a persons gender that would be permissible under Education Law
sections 3201-a or 2854(2)(a) and Title IX of the Education Amendments of 1972 (20 U.S.C. section
1681, et seq.), or to prohibit, as discrimination based on disability, actions that would be permissible
under section 504 of the Rehabilitation Act of 1973.
100.2 (KK). Dignity Act reporting requirements.
1. Definitions. For purposes of this subdivision:
1. "School property" means in or within any building, structure, athletic playing field, playground, parking
lot, or land contained within the real property boundary line of a public elementary or secondary school,
2. "School function" means a school-sponsored extracurricular event or activity.
3. "Disability" means disability as defined in Executive Law section 292(21).
4. "Employee" means employee as defined in Education Law section 1125(3), including an employee of
a charter school.
5. "Sexual orientation" means actual or perceived heterosexuality, homosexuality or bisexuality.
6. "Gender" means actual or perceived sex and shall include a persons gender identity or expression.
7. "Discrimination" means discrimination against any student by a student or students and/or an
Page 42
8. "Harassment" means the creation of a hostile environment by conduct or by verbal threats,
a student's educational performance, opportunities or benefits, or mental, emotional or physical wellbeing; or conduct, verbal threats, intimidation or abuse that reasonably causes or would reasonably be
9. "Material Incident of Discrimination and/or Harassment" means a single incident or a series of related
incidents where a student is subjected to discrimination and/or harassment by a student and/or
employee on school property or at a school function that creates a hostile environment by conduct, with
or without physical contact and/or by verbal threats, intimidation or abuse, of such severe or pervasive
nature that:
a. has or would have the effect of unreasonably and substantially interfering with a students
educational performance, opportunities or benefits, or mental, emotional and/or physical well-being;
or
b. reasonably causes or would reasonably be expected to cause a student to fear for his or her
physical safety.
Such conduct shall include, but is not limited to, threats, intimidation or abuse based on a persons
actual or perceived race, color, weight, national origin, ethnic group, religion, religious practice,
disability, sexual orientation, gender or sex; provided that nothing in this subdivision shall be construed
to prohibit a denial of admission into, or exclusion from, a course of instruction based on a persons
gender that would be permissible under Education Law sections 3201-a or 2854(2)(a) and Title IX of
the Education Amendments of 1972 (20 U.S.C. section 1681, et seq.), or to prohibit, as discrimination
based on disability, actions that would be permissible under section 504 of the Rehabilitation Act of
1973.
2. Reporting of incidents.
i. For the 2012-2013 school year and for each succeeding school year thereafter, each school district,
board of cooperative educational services (BOCES) and charter school shall submit to the
commissioner an annual report of material incidents of discrimination and/or harassment that occurred
in such school year, in accordance with Education Law section 15 and this subdivision. Such report
shall be submitted in a manner prescribed by the commissioner, on or before the basic educational data
system (BEDS) reporting deadline or such other date as determined by the commissioner.
ii. For purposes of reporting pursuant to this subdivision, a school district, BOCES or charter school
shall include in its annual report all material incidents of discrimination and/or harassment that:
a. are the result of the investigation of a written or oral complaint made to the school principal or other
school administrator responsible for school discipline, or to any other employee; or
b. are otherwise directly observed by such principal or administrator, or by any other employee
regardless of whether a complaint is made.
iii. Such report shall include information describing the specific nature of the incident, including, but not
limited to:
a. the type(s) of bias involved (actual or perceived race, color, weight, national origin, ethnic group,
religion, religious practice, disability, sexual orientation, gender, sex, or other). Where multiple types
of bias are involved, they shall all be reported;
Page 43
b. whether the incident resulted from student and/or employee conduct;

c. whether the incident involved physical contact and/or verbal threats, intimidation or abuse; and
d. the location where the incident occurred (on school property or at a school function).
3. Protection of people who report discrimination and/or harassment.
i. Pursuant to Education Law section 16, any person having reasonable cause to suspect that a student
has been subjected to discrimination and/or harassment by an employee or student, on school grounds
or at a school function, who acting reasonably and in good faith, either reports such information to
school officials, to the commissioner, or to law enforcement authorities or otherwise initiates, testifies,
participates or assists in any formal or informal proceedings under this subdivision, shall have immunity
from any civil liability that may arise from the making of such report or from initiating, testifying,
participating or assisting in such formal or informal proceedings.
ii. No school district, BOCES or charter school, or an employee thereof, shall take, request or cause a
retaliatory action against any such person who, acting reasonably and in good faith, either makes such
a report or initiates, testifies, participates or assists in such formal or informal proceedings.

STATUTES
jurisdiction.
2. Prior to the adoption and promulgation of a rule or regulation in accordance with the provisions of
subdivision one of this section by any board of education of a school district, the board of education of the
school district must find that the fraternity, sorority or secret society group has by virtue of its activities
caused or created a disruption of or interference with the academic processes of any secondary school
within its jurisdiction or caused or created any interference with or disruption of the academic progress of
any individual student or students in any secondary school within its jurisdiction.
3. For the purposes of this chapter a fraternity, sorority, or secret society shall mean any organization
composed wholly or in part of pupils enrolled in public secondary schools which exists or seeks to
perpetuate itself by taking in additional members from the pupils enrolled in such schools on the decision
of the membership rather than upon the free choice of any pupil in such school but shall not be construed
to include organizations institutionally sponsored by agencies of public welfare, the Boy Scouts of
America, the Girl Scouts of America, the Campfire Girls, Young Men's Christian Association, Young
Women's Christian Association, Young Men's Hebrew Association, Young Women's Hebrew Association,
Catholic Youth Organization, Kiwanis International, Hi-Y or other similar organizations without limitation to
the foregoing.
4. Upon and after the adoption and promulgation of a rule or regulation in accordance with the provisions
of subdivision one of this section by the board of education of any such school district, such board of
education may in any secondary school under its jurisdiction discipline any pupil who shall promise to
join, or shall become a member of, or shall remain a member of, or shall solicit other persons to join any
such fraternity, sorority or secret society.
Page 44
jurisdiction.
2. Prior to the adoption and promulgation of a rule or regulation in accordance with the provisions of
subdivision one of this section by any board of education of a school district, the board of education of the
school district must find that the fraternity, sorority or secret society group has by virtue of its activities
caused or created a disruption of or interference with the academic processes of any secondary school
within its jurisdiction or caused or created any interference with or disruption of the academic progress of
any individual student or students in any secondary school within its jurisdiction.
3. For the purposes of this chapter a fraternity, sorority or secret society shall mean any organization
composed wholly or in part of pupils enrolled in public secondary schools which exists or seeks to
perpetuate itself by taking in additional members from the pupils enrolled in such schools on the decision
of the membership rather than upon the free choice of any pupil in such school but shall not be construed
to include organizations institutionally sponsored by agencies of public welfare, the Boy Scouts of
America, the Girl Scouts of America, the Campfire Girls, Young Men's Christian Association, Young
Women's Christian Association, Young Men's Hebrew Association, Young Women's Hebrew Association,
Catholic Youth Organization, Kiwanis International, Hi-Y or other similar organizations without limitation to
the foregoing.
4. Upon and after the adoption and promulgation of a rule or regulation in accordance with the provisions
of subdivision one of this section by the board of education of any such school district, such board of
education may in any secondary school under its jurisdiction discipline any pupil who shall promise to
join, or shall become a member of, or shall remain a member of, or shall solicit other persons to join any
such fraternity, sorority or secret society.
m. a minimum suspension period for acts that would qualify the pupil to be defined as a violent pupil
pursuant to paragraph a of subdivision two-a of section thirty-two hundred fourteen of this chapter,
provided that the suspending authority may reduce such period on a case by case basis to be
consistent with any other state and federal law;
(1) commits an act of violence upon a teacher, administrator or other school employee;
(2) commits, while on school district property, an act of violence upon another student or any other
person lawfully upon said property;
Page 45
(5) threatens, while on school district property, to use any instrument that appears capable of causing
physical injury or death;
(6) knowingly and intentionally damages or destroys the personal property of a teacher, administrator,
other school district employee or any person lawfully upon school district property; or
(7) knowingly and intentionally damages or destroys school district property.
b. Disruptive pupil. For the purposes of this section, a disruptive pupil is an elementary or secondary
student under twenty-one years of age who is substantially disruptive of the educational process or
substantially interferes with the teacher's authority over the classroom.
ADMINISTRATIVE CODE
p. a minimum suspension period for acts that would qualify the pupil to be defined as a violent pupil
pursuant to Education Law section 3214(2-a)(a), provided that the suspending authority may reduce
such period on a case- by-case basis to be consistent with any other State and Federal Law;
Page 46

Prevention
STATUTES
g. include a school strategy to prevent harassment, bullying and discrimination;
801-a. Instruction in civility, citizenship and character education.
The regents shall ensure that the course of instruction in grades kindergarten through twelve includes a
component on civility, citizenship and character education. Such component shall instruct students on the
principles of honesty, tolerance, personal responsibility, respect for others, with an emphasis on
discouraging acts of harassment, bullying, discrimination, observance of laws and rules, courtesy, dignity
and other traits which will enhance the quality of their experiences in, and contributions to, the
community. Such component shall include instruction of safe, responsible use of the internet and
electronic communications. The regents shall determine how to incorporate such component in existing
curricula and the commissioner shall promulgate any regulations needed to carry out such determination
of the regents. For the purposes of this section, "tolerance," "respect for others" and "dignity" shall include
awareness and sensitivity to harassment, bullying, discrimination and civility in the relations of people of
different races, weights, national origins, ethnic groups, religions, religious practices, mental or physical
abilities, sexual orientations, genders, and sexes.
804. Health education regarding alcohol, drugs, tobacco abuse and the prevention and detection
of certain cancers.
1. All schools shall include, as an integral part of health education, instruction so as to discourage the
misuse and abuse of alcohol, tobacco, and other drugs and promote attitudes and behavior that enhance
health, well being, and human dignity.
2. Instruction regarding alcohol, tobacco, and other drugs shall be included in the health education
provided for all elementary school pupils and shall be taught by the regular classroom teachers or by
teachers certified to teach health education. Such instruction shall be designed according to the needs
and abilities of the pupils at successive grade levels with the purpose of developing desirable health
behavior, attitudes, and knowledge as well as self-reliance and problem solving capacity.
3. Instruction regarding alcohol, tobacco, and other drugs, in addition to continued health guidance in the
junior high school grades and the senior high schools, shall be an integral part of a required health
education course at each of these levels in the secondary schools curriculum. Students shall be required
to demonstrate knowledge in the subject area through the use of a test, graded project or report, or any
other means prescribed by the school authorities regarding alcohol, drugs, and tobacco. Any such course
shall be taught by teachers holding a certificate to teach health. Related courses in the secondary school
curriculum shall be taught in a manner supportive of health education regarding alcohol, tobacco, and
other drugs. In addition, instruction regarding the dangers of driving while under the influence of alcohol
or drugs shall be an integral part of a required health education course in the senior high schools. Such
Page 47
instruction shall be provided in all senior high schools whether or not these schools also provide driver
education courses.
4. a. The commissioner may prescribe in regulations such health education courses which include
instruction regarding alcohol, tobacco, and other drugs as the commissioner may deem necessary and
desirable for the welfare of pupils and the community. The contents may be varied to meet the needs of
particular school districts, or portions thereof, and need not be uniform throughout the state, provided,
however, that school districts shall utilize either the curriculum for health education instruction regarding
alcohol, tobacco and other drugs prescribed by the commissioner or a course approved by the
commissioner in accordance with criteria established by the commissioner.
b. The commissioner shall make available an interpersonal violence prevention education package for
grades kindergarten through twelve, which package may consist of student pamphlets, parent
pamphlets, videotapes and other informative materials to be distributed to school districts, and shall
encourage the use of such material as part of the health or other related curricula or programs.
c. The regents shall review the health curriculum requirements in existence on the effective date of this
paragraph for the purpose of streamlining such curriculum and identifying any outdated components
that may be eliminated or consolidated in order to ensure that students have sufficient time and
instruction to develop skills to address issues of violence prevention and mental health. To the extent
appropriate, the regents shall modify the existing curriculum to provide greater focus on the
development of skills, by no later than middle school, that are needed to recognize, cope with and
address potentially violent incidents, including an understanding of student's roles in emergency
situations, what to do when confronted with another student who is experiencing a mental health
problem, and other related skills designed to reduce the threat of violence in schools.
5. School authorities shall provide the needed facilities, time, and place for the instruction set forth herein
and shall provide learning aids and curriculum resource materials which contribute to effective teaching
methods and learning in health education regarding alcohol, tobacco, and other drugs.
6. All pre-service training programs in the state for elementary teachers shall include adequate
preparation regarding the instruction in alcohol, tobacco, and other drugs set forth herein, and no teacher
shall be licensed except upon satisfactory demonstration of the competencies included in the institutional
proposals approved by the education department.
7. Nothing contained in this section shall be deemed to diminish or impair the duties of the commissioner
with respect to the continuing program for critical health problems established by chapter seven hundred
eighty-seven of the laws of nineteen hundred sixty-seven as amended. The commissioner shall
coordinate actions taken under authority of this section with the provisions of said chapter as they relate
to health education in schools, inservice training and training programs, and curriculum or syllabus
development regarding the deleterious effects resulting from the use, misuse, and abuse of alcohol,
tobacco, and other drugs.
ADMINISTRATIVE CODE
100.2 (C). Instruction in certain subjects
Pursuant to articles 2, 17 and 65 of the Education Law, instruction in certain subjects in elementary and
secondary school shall be provided as follows:
2. for all public school students, instruction that supports development of a school environment free of
discrimination and harassment, as required by the Dignity For All Students Act (article 2 of the
Education Law), including but not limited to instruction that raises awareness and sensitivity to
discrimination or harassment based on a persons actual or perceived race, color, weight, national
origin, ethnic group, religion, religious practice, disability, sexual orientation, gender or sex ; provided
Page 48
that in public schools other than charter schools, such instruction shall be provided as part of a
component on civility, citizenship and character education in accordance with section 801-a of the
Education Law;
4. for all students, health education regarding alcohol, drugs and tobacco abuse, as required by section
804 of the Education Law;

STATUTES
of problem behaviors, and are consistent with the district's code of conduct
Reference CR 201.4 (a)
k. circumstances under and procedures by which referral to appropriate human service agencies shall
be made;
ADMINISTRATIVE CODE
n. circumstances under and procedures by which referral to appropriate human service agencies shall
be made;
STATUTES
2. Guidelines to be used in school training programs to discourage the development of harassment,
bullying and discrimination, and to make school employees aware of the effects of harassment,
bullying, cyberbullying and discrimination on students and that are designed:
Page 49
a. to raise the awareness and sensitivity of school employees to potential harassment, bullying and
discrimination, and
b. to enable employees to prevent and respond to harassment, bullying and discrimination; and
3. Guidelines relating to the development of nondiscriminatory instructional and counseling methods,
and requiring that at least one staff member at every school be thoroughly trained to handle human
relations in the areas of race, color, weight, national origin, ethnic group, religion, religious practice,
disability, sexual orientation, gender, and sex; and
5. Training required by this section shall address the social patterns of harassment, bullying and
5. The commissioner shall prescribe regulations that school professionals applying on or after July first,
two thousand thirteen for a certificate or license, including but not limited to a certificate or license valid
for service as a classroom teacher, school counselor, school psychologist, school social worker, school
administrator or supervisor or superintendent of schools shall, in addition to all other certification or
licensing requirements, have completed training on the social patterns of harassment, bullying and
804. Health education regarding alcohol, drugs, tobacco abuse and the prevention and detection
of certain cancers.
6. All pre-service training programs in the state for elementary teachers shall include adequate
preparation regarding the instruction in alcohol, tobacco, and other drugs set forth herein, and no teacher
shall be licensed except upon satisfactory demonstration of the competencies included in the institutional
proposals approved by the education department.
ADMINISTRATIVE CODE
100.2 (L)(1). School conduct and discipline.
g. guidelines and programs for in-service education programs for all district staff members to ensure
effective implementation of school policy on school conduct and discipline
100.2 (L)(2). Code of conduct.
r. guidelines and programs for in-service education programs for all district staff members to ensure
effective implementation of school policy on school conduct and discipline, including but not limited to,
Page 50
guidelines on promoting a safe and supportive school climate while discouraging, among other things,
discrimination or harassment against students by students and/or school employees; and including safe
and supportive school climate concepts in the curriculum and classroom management.
100.2 (JJ). Dignity for all students school employee training program
1. Definitions. As used in this subdivision:
i. School property means in or within any building, structure, athletic playing field, playground, parking
lot or land contained within the real property boundary line of a public elementary or secondary school,
ii. School function means a school-sponsored extracurricular event or activity.
iii. "Disability" means disability as defined in Executive Law section 292(21).
iv. Employee means an employee as defined in Education Law section 1125(3), including an
employee of a charter school.
v. "Sexual orientation" means actual or perceived heterosexuality, homosexuality or bisexuality.
vi. Gender" means actual or perceived sex and shall include a persons gender identity or expression.
vii. "Discrimination" means discrimination against any student by a student or students and/or an
viii. "Harassment" means the creation of a hostile environment by conduct or by verbal threats,
a students educational performance, opportunities or benefits, or mental, emotional or physical wellbeing; or conduct, verbal threats, intimidation or abuse that reasonably causes or would reasonably be
2. On or before July 1, 2012, each school district and each charter school shall establish guidelines for its
school or schools to implement, commencing with the 2012-2013 school year and continuing in each
school year thereafter, Dignity for All Students school employee training programs to promote a positive
school environment that is free from discrimination and harassment; and to discourage and respond to
incidents of discrimination and/or harassment on school property or at a school function. Such guidelines
shall be approved by the board of education, trustees or sole trustee of the school district (or by the
chancellor of the city school district, in the case of the City School District of the City of New York) or by
the board of trustees of the charter school.
3. The guidelines shall include, but not be limited to, providing employees, including school and district
administrators and instructional and non-instructional staff, with:
i. training to:
a. raise awareness and sensitivity to potential acts of discrimination and/or harassment directed at
students that are committed by students and/or school employees on school property or at a school
function; including, but not limited to, discrimination and/or harassment based on a person's actual or
perceived race, color, weight, national origin, ethnic group, religion, religious practice, disability,
sexual orientation, gender or sex; and
b. training to enable employees to prevent and respond to incidents of discrimination and/or
harassment;
Page 51
c. such training may be implemented and conducted in conjunction with existing professional
development training pursuant to subparagraph 100.2(dd)(2)(ii) of this Title and/or with any other
training for school employees; and
ii. guidelines relating to the development of nondiscriminatory instructional and counseling methods.
4. At least one employee in every school shall be designated as a Dignity Act Coordinator and instructed
in the provisions of this subdivision and thoroughly trained to handle human relations in the areas of race,
color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation,
gender, and sex.
i. The designation of each Dignity Act Coordinator shall be approved by the board of education, trustees
or sole trustee of the school district (or in the case of the City School District of the City of New York, by
the principal of the school in which the designated employee is employed) or, in the case of a charter
school, by the board of trustees.
ii. The name(s) and contact information for the Dignity Act Coordinator(s) shall be shared with all school
personnel, students, and persons in parental relation, which shall include, but is not limited to, providing
the name, designated school and contact information of each Dignity Act Coordinator by:
a. listing such information in the code of conduct and updates posted on the Internet web site, if
available, of the school or school district, or of the board of cooperative educational services,
pursuant to subclause 100.2(l)(2)(iii)(b)(1) of this Part;
b. including such information in the plain language summary of the code of conduct provided to all
persons in parental relation to students before the beginning of each school year, pursuant to
subclause 100.2(l)(2)(iii)(b)(3);
c. providing such information to parents and persons in parental relation in at least one per school
year district or school mailing or other method of distribution including, but not limited to, sending
such information home with each student and, if such information changes, in at least one
subsequent district or school mailing or other such method of distribution as soon as practicable
thereafter;
d. posting such information in highly-visible areas of school buildings; and
e. making such information available at the district and school-level administrative offices.
iii. In the event a Dignity Act Coordinator vacates his or her position, another school employee shall be
immediately designated for an interim appointment as Coordinator, pending approval of a successor
Coordinator by the applicable governing body as set forth in subparagraph (i) of this paragraph within
30 days of the date the position was vacated. In the event a Coordinator is unable to perform the duties
of his or her position for an extended period of time, another school employee shall be immediately
designated for an interim appointment as Coordinator, pending return of the previous Coordinator to his
or her duties as Coordinator.
5. Nothing in this subdivision shall be construed to prohibit a denial of admission into, or exclusion from, a
course of instruction based on a persons gender that would be permissible under Education Law
sections 3201-a or 2854(2)(a) and Title IX of the Education Amendments of 1972 (20 U.S.C. section
1681, et seq.), or to prohibit, as discrimination based on disability, actions that would be permissible
under section 504 of the Rehabilitation Act of 1973.
Page 52

STATUTES
a. identify the principal, superintendent or the principal's or superintendent's designee as the school
employee charged with receiving reports of harassment, bullying and discrimination;
b. enable students and parents to make an oral or written report of harassment, bullying or
discrimination to teachers, administrators and other school personnel that the school district deems
appropriate;
c. require school employees who witness harassment, bullying or discrimination, or receive an oral or
written report of harassment, bullying or discrimination, to promptly orally notify the principal,
superintendent or the principal's or superintendent's designee not later than one school day after
such school employee witnesses or receives a report of harassment, bullying or discrimination, and to
file a written report with the principal, superintendent or the principal or superintendent's designee not
later than two school days after making such oral report;
d. require the principal, superintendent or the principal's or superintendent's designee to lead or
supervise the thorough investigation of all reports of harassment, bullying and discrimination, and to
ensure that such investigation is completed promptly after receipt of any written reports made under
this section;
e. require the school, when an investigation reveals any such verified harassment, bullying or
discrimination, to take prompt actions reasonably calculated to end the harassment, bullying or
discrimination, eliminate any hostile environment, create a more positive school culture and climate,
prevent recurrence of the behavior, and ensure the safety of the student or students against whom
such harassment, bullying or discrimination was directed. Such actions shall be consistent with the
guidelines created pursuant to subdivision four of this section;
f. prohibit retaliation against any individual who, in good faith, reports, or assists in the investigation of,
harassment, bullying or discrimination;
15. Reporting by commissioner.
The commissioner shall create a procedure under which material incidents of harassment, bullying and
discrimination on school grounds or at a school function are reported to the department at least on an
annual basis. Such procedure shall provide that such reports shall, wherever possible, also delineate the
specific nature of such incidents of harassment, bullying and discrimination, provided that the
commissioner may comply with the requirements of this section through use of the existing uniform violent
incident reporting system. In addition the department may conduct research or undertake studies to
determine compliance throughout the state with the provisions of this article.
Page 53
STATUTES
i. provisions setting forth the circumstances under and procedures by which persons in parental relation
to the student shall be notified of code violations;
3213. Supervisors of attendance; attendance teachers; attendance officers; appointment,
compensation, powers and duties.
c. Notification upon absence. It shall be the duty of every school district to inform persons in parental
relation to elementary school pupils of such person's right to be notified when such pupil is deemed
absent from attendance at his designated school. Persons in parental relation to elementary school pupils
shall, if such notification is desired, forward a request in writing to the principal of the pupil's designated
school. Such request shall contain the telephone number of person or persons in parental relation to the
pupil or other information to facilitate communication with such persons by the most expedient means
available. No civil or criminal liability shall arise or attach to any school district or employee thereof for any
act or omission to act as a result of, or in connection with, the duties or activities authorized or directed by
this paragraph.
d. Notification when deemed absent. A supervisor of attendance, attendance teacher, attendance officer,
or other person authorized by the school district, as the case may be, shall, where a request for
notification has been made pursuant to paragraph c of this subdivision, notify a person in parental relation
to any elementary school pupil by the means designated in such request when such pupil is deemed
absent from required attendance at his designated school without prior notification and consent to such
absence by the person in parental relation. No civil or criminal liability shall arise or attach to any school
district or employee thereof for any act or omission to act as a result of, or in connection with, the duties
or activities authorized or directed by this paragraph.
3-a.
b. The principal shall inform the person in parental relation to such pupil of the removal and the reasons
therefor within twenty-four hours of the pupil's removal. The pupil and the person in parental relation
shall, upon request, be given an opportunity for an informal conference with the principal to discuss the
reasons for the removal. If the pupil denies the charges, the principal shall provide an explanation of the
basis for the removal and allow the pupil and/or person in parental relation to the pupil an opportunity to
present the pupil's version of relevant events. Such informal hearing shall be held within forty-eight
hours of the pupil's removal.
another school program or facility. No recommendation for pupil transfer shall be initiated by the
Page 54
principal until such pupil and a person in parental relation has been sent written notification of the
consideration of transfer recommendation. Such notice shall set a time and place of an informal
conference with the principal and shall inform such person in parental relation and such pupil of their
right to be accompanied by counsel or an individual of their choice.
c. After the conference and if the principal concludes that the pupil would benefit from a transfer or that
the pupil would receive an adequate and appropriate education in another school program or facility,
the principal may issue a recommendation of transfer to the superintendent. Such recommendation
shall include a description of behavior and/or academic problems indicative of the need for transfer; a
description of alternatives explored and prior action taken to resolve the problem. A copy of that letter
shall be sent to the person in parental relation and to the pupil.
d. Upon receipt of the principal's recommendation for transfer and a determination to consider that
recommendation, the superintendent shall notify the person in parental relation and the pupil of the
proposed transfer and of their right to a fair hearing as provided in paragraph c of subdivision three of
this section and shall list community agencies and free legal assistance which may be of assistance.
The written notice shall include a statement that the pupil or person in parental relation has ten days to
request a hearing and that the proposed transfer shall not take effect, except upon written parental
consent, until the ten day period has elapsed, or, if a fair hearing is requested, until after a formal
decision following the hearing is rendered, whichever is later. Parental consent to a transfer shall not
constitute a waiver of the right to a fair hearing.
ADMINISTRATIVE CODE
l. provisions setting forth the circumstances under and procedures by which persons in parental relation
to the student shall be notified of code violations;
100.2 (L)(4). Parental notification of student suspension
When suspension of a student from attendance for a period of five days or less pursuant to section
3214(3) of the Education Law is proposed, school district officials shall immediately notify the parents or
the persons in parental relation in writing that the student may be suspended from school. Written notice
shall be provided by personal delivery, express mail delivery, or equivalent means reasonably calculated
to assure receipt of such notice within 24 hours of the decision to propose suspension at the last known
address or addresses of the parents or persons in parental relation. Where possible, notification shall also
be provided by telephone if the school has been provided with a telephone number(s) for the purpose of
contacting parents or persons in parental relation. Such notice shall provide a description of the
incident(s) for which suspension is proposed and shall inform the parents or persons in parental relation
of their right to request an immediate informal conference with the principal in accordance with the
provisions of Education Law, section 3214(3)(b). Such notice and informal conference shall be in the
dominant language or mode of communication used by the parents or persons in parental relation to the
pupil. Such notice and opportunity for an informal conference shall take place prior to the suspension of
the student unless the student's presence in the school poses a continuing danger to persons or property
or an ongoing threat of disruption to the academic process, in which case the notice and opportunity for
an informal conference shall take place as soon after the suspension as is reasonably practicable.
Page 55

STATUTES
i. require the principal, superintendent or the principal's or superintendent's designee, to notify
promptly the appropriate local law enforcement agency when such principal, superintendent or the
principal's or superintendent's designee, believes that any harassment, bullying or discrimination
constitutes criminal conduct;
h. provisions setting forth the procedures by which local law enforcement agencies shall be notified of
code violations which constitute a crime;
j. provisions setting forth the circumstances under and procedures by which a complaint in criminal
court, a juvenile delinquency petition or person in need of supervision petition as defined in articles
three and seven of the family court act will be filed;
ADMINISTRATIVE CODE
k. provisions setting forth the procedures by which local law enforcement agencies shall be notified of
code violations which constitute a crime;
m. provisions setting forth the circumstances under and procedures by which a complaint in criminal
court, a juvenile delinquency petition or person in need of supervision petition as defined in Articles
three and seven of the Family Court Act will be filed;

STATUTES
* 7. Transfer of disciplinary records. Notwithstanding any other provision of law to the contrary, each local
educational agency, as such term is defined in subsection twenty-six of section ninety-one hundred one
of the Elementary and Secondary Education Act of 1965, as amended, shall establish procedures in
accordance with section forty-one hundred fifty-five of the Elementary and Secondary Education Act of
1965, as amended, and the Family Educational Rights and Privacy Act of 1974, to facilitate the transfer of
Page 56
disciplinary records relating to the suspension or expulsion of a student to any public or nonpublic
elementary or secondary school in which such student enrolls or seeks, intends or is instructed to enroll,
on a full-time or part-time basis.
* NB Repealed June 30, 2014

STATUTES
5. a. The board of education, chancellor or other governing body shall annually review and update the
district's codes of conduct if necessary, taking into consideration the effectiveness of code provisions
and the fairness and consistency of its administration. Each school district is authorized to establish a
committee and to facilitate the review of the code of conduct and the district's response to code of
conduct violations. Any such committee shall be comprised of similar individuals described in
subdivision three of this section. The school board, chancellor, or other governing body shall reapprove
any such updated code only after at least one public hearing that provides for the participation of school
personnel, parents, students and any other interested parties.
b. Each district shall file a copy of its codes of conduct with the commissioner and all amendments to
such code shall be filed with the commissioner no later than thirty days after their adoption.
2802. Uniform violent incident reporting system.
1. The commissioner, in conjunction with the division of criminal justice services, shall promulgate
regulations defining "violent or disruptive incidents" for the purposes of this section.
2. The commissioner, in conjunction with the division of criminal justice services, shall establish a
statewide uniform violent incident reporting system which public school districts, boards of cooperative
educational services and county vocational education and extension boards shall follow.
3. The uniform violent incident reporting system shall require public school districts, boards of cooperative
educational services and county vocational education and extension boards to annually report to the
commissioner in a form and by a date prescribed by the commissioner, the following information
concerning violent and disruptive incidents that occurred in the prior school year:
a. the type of offenders;
b. if any offender is a student, the age and grade of the student;
c. the location at which the incident occurred;
d. the type of incident;
e. whether the incident occurred during or outside of regular school hours;
f. where the incident involves a weapon, whether the weapon was a firearm, knife or other weapon;
Page 57
g. the actions taken by the school in response to the incident, including when the incident was reported
to law enforcement officials and whether disciplinary action was taken against the offenders;
h. any student discipline or referral action taken against a student/offender, including but not limited to
an out-of-school suspension, an involuntary transfer to an alternative placement, an in-school
suspension, a referral for community service, a referral for counseling, or a referral to the juvenile
justice system, and the duration of such action; and
i. the nature of the victim and the victim's age and grade where appropriate.
4. The commissioner shall require a summary of such information to be included, in a form prescribed by
the commissioner, in the school district report cards or board of cooperative educational services report
cards required by this chapter.
5. By April first of each year, the commissioner shall report to the governor, the legislature and the
regents concerning the prevalence of violence and disruptive incidents in the public schools, and the
effectiveness of school programs undertaken to reduce violence and assure the safety and security of
students and school personnel. The report shall summarize the information available from the incident
reporting system, and compare the incidence of violent and disruptive incidents of schools and school
districts and boards with other schools and school districts and boards based on similarity in size and
grade levels and other characteristics, including student need and resources, as determined by the
commissioner. The report shall also, to the extent possible, relate the results available from the incident
reporting system, together with such other analysis and information as the commissioner determines is
appropriate, to the effectiveness of school violence measures undertaken by participating schools and
school districts, including the school codes and school safety plans required by sections twenty-eight
hundred one and twenty-eight hundred one-a of this article.
6. The commissioner, in conjunction with the commissioner of the division of criminal justice services,
shall promulgate regulations to implement the provisions of this section and to assure to the extent
practicable that the reports used by school districts are uniform and comparable with respect to the types
of incidents reported and the responses of the schools and the school districts. Such regulations shall
provide for the confidentiality of all personally identifiable information and shall ensure that any personally
identifiable information which is collected is used only for its intended purpose.
7. Notwithstanding any other provision of state or local law, rule or regulation to the contrary, any student
who attends a persistently dangerous public elementary or secondary school, as determined by the
commissioner pursuant to paragraph a of this subdivision, or who is a victim of a violent criminal offense,
as defined pursuant to paragraph b of this subdivision, that occurred on the grounds of a public
elementary or secondary school that the student attends, shall be allowed to attend a safe public school
within the local educational agency to the extent required by section ninety-five hundred thirty-two of the
No Child Left Behind Act of 2001.
a. The commissioner shall annually determine which public elementary and secondary schools are
persistently dangerous in accordance with regulations of the commissioner developed in consultation
with a representative sample of local educational agencies. Such determination shall be based on data
submitted through the uniform violent incident reporting system over a period prescribed in the
regulations, which shall not be less than two years.
b. Each local educational agency required to provide unsafe school choice shall establish procedures
for determinations by the superintendent of schools or other chief school officer of whether a student is
the victim of a violent criminal offense that occurred on school grounds of the school that the student
attends. Such superintendent of schools or other chief school officer shall, prior to making any such
determination, consult with any law enforcement agency investigating such alleged violent criminal
offense and consider any reports or records provided by such agency. The trustees or board of
education or other governing board of a local educational agency may provide, by local rule or by-law,
Page 58
for appeal of the determination of the superintendent of schools to such governing board.
Notwithstanding any other provision of law to the contrary, the determination of such chief school officer
pursuant to this paragraph shall not have collateral estoppel effect in any student disciplinary
proceeding brought against the alleged victim or perpetrator of such violent criminal offense. For
purposes of this subdivision, "violent criminal offense" shall mean a crime that involved infliction of
serious physical injury upon another as defined in the penal law, a sex offense that involved forcible
compulsion or any other offense defined in the penal law that involved the use or threatened use of a
deadly weapon.
c. Each local educational agency, as defined in subsection twenty-six of section ninety-one hundred
one of the No Child Left Behind Act of 2001, that is required to provide school choice pursuant to
section ninety-five hundred thirty-two of the No Child Left Behind Act of 2001 shall establish procedures
for notification of parents of, or persons in parental relation to, students attending schools that have
been designated as persistently dangerous and parents of, or persons in parental relation to, students
who are victims of violent criminal offenses of their right to transfer to a safe public school within the
local educational agency and procedures for such transfer, except that nothing in this subdivision shall
be construed to require such notification where there are no other public schools within the local
educational agency at the same grade level or such transfer to a safe public school within the local
educational agency is otherwise impossible or to require a local educational agency that has only one
public school within the local educational agency or only one public school at each grade level to
develop such procedures. The commissioner shall be authorized to adopt any regulations deemed
necessary to assure that local educational agencies implement the provisions of this subdivision.
* NB Repealed June 30, 2014
ADMINISTRATIVE CODE
ii. The board of education shall adopt such a policy and review it on an annual basis and amend it when
appropriate. Each school district's policy on school conduct and discipline shall be filed in each school
building and shall be available for review by any individual.
iii. Additional responsibilities.
a. Each board of education and, in the case of the City School District of the City of New York, the
chancellor of such city school district, and each board of cooperative educational services shall
annually review and update as necessary its code of conduct, taking into consideration the
effectiveness of code provisions and the fairness and consistency of its administration. A school district
may establish a committee pursuant to Education Law section 2801(5)(a) to facilitate the review of its
code of conduct and the district's response to code of conduct violations. A board of education or board
of cooperative educational services may adopt any revision to the code of conduct only after at least
one public hearing that provides for the participation of school personnel, parents, students and any
other interested party. Each district shall file a copy of its code of conduct and any amendments with
the commissioner, in a manner prescribed by the commissioner, no later than 30 days after their
respective adoptions.
Page 59
100.2 (L)(3). Corporal punishment.

ii. In every school district and supervisory district, the trustee, trustees, board of education or board of
cooperative educational services, shall submit a written semiannual report to the Commissioner of
Education, by January 15th and July 15th of each year, commencing July 1, 1985, setting forth the
substance of each complaint about the use of corporal punishment received by the local school
authorities during the reporting period, the results of each investigation, and the action, if any, taken by
the school authorities in each case.
100.2 (GG). Uniform violent or disruptive incident reporting system.
School districts, boards of cooperative educational services, charter schools and county vocational
education and extension boards shall submit to the commissioner annual reports of violent or disruptive
incidents that occurred in the prior school year, commencing with the 2001-2002 school year, in
accordance with Education Law, section 2802 and this subdivision.
1. Definitions. For the purposes of this subdivision:
i. School function means a school-sponsored or school-authorized extracurricular event or activity,
regardless of where such event or activity takes plae, including any event or activty that may take
place in another state.
ii. School property shall mean in or within any building, structure, athletic playing field, playground,
parking lot or land contained within the real property boundary line of a public elementary or
secondary school; or in or on a school bus, as defined in section one 142 of the Vehicle and Traffic
Law; or at a school function.
iii. Physical injury means impairment of physical condition or substantial pain.
iv. Serious physical injury means physical injury which creates a substantial risk of death or which
causes death or serious and protracted disfigurement or protracted impairment of health or protracted
loss or impairment of the function of any bodily organ.
v. Weapon means one or more of the following dangerous instruments:
a. a firearm, including but not limited to a rifle, shotgun, pistol, handgun, silencer, electronic dart
gun, stun gun, machine gun, airgun or spring gun;
b. a switchblade knife, gravity knife, pilum ballistic knife, cane sword, dagger, stiletto, dirk, razor, box
cutter, metal knuckle knife, utility knife or other dangerous knife;
c. a billy club, blackjack, bludgeon, chukka stick, or metal knuckles;
d. a sandbag or sandclub;
e. a sling shot or slungshot;
f. a martial arts instrument, including but not limited to a kung fu star, ninja star, nin chuck, or
shirken;
g. an explosive, including but not limited to a firecracker or other fireworks;
h. a deadly or dangerous chemical, including but not limited to a strong acid or base, mace, or
pepper spray;
i. an imitation gun;
j. loaded or blank cartridges or other ammunition; or
k. any other dangerous or deadly instrument possessed with intent to use the same unlawfully
against another.
vi. Violent or disruptive incident shall mean one of the following categories of incidents that occurs on
school property of the school district, board of cooperative educational services, charter school or
Page 60
county vocational education and extension board, committed with or without a weapon (except in the
case of weapons possession):
a. Homicide. Any conduct which results in the death of another person.
b. Sex offenses.
1. Forcible sex offenses. Forcible sex offenses involving forcible compulsion. Incidents involving
forcible compulsion and completed or attempted sexual intercourse, oral sexual conduct, anal
sexual conduct or aggravated sexual contact with or without a weapon, including, but not limited
to, rape and sodomy.
2. Other sex offenses. Other sex offenses involving inappropriate sexual contact but no forcible
compulsion, including, but not limited to, conduct that may be consensual or involve a child who is
incapable of consent by reason of disability or because he or she is under 17 years of age,
provided that such term shall not include consensual sexual conduct involving only students,
and/or non-students 18 years of age or under, unless at least one of the individuals participating
in the conduct is at least four years older than the youngest individual participating in the conduct.
c. Robbery. Forcible stealing of property from a person by using or threatening the immediate use of
physical force upon that person, with or without the use of a weapon.
d. Assault involving serious physical injury. Intentionally or recklessly causing serious physical injury
to another person, with or without a weapon, in violation of the school district code of conduct.
e. Arson. Deliberately starting a fire with intent to damage or destroy property.
f. Kidnapping. To abduct, as defined in section 135.00 of the Penal Law, a person, so as to restrain
such person with intent to prevent his or her liberation, by either:
1. secreting or holding him or her in a place where he or she is not likely to be found; or
2 .using or threatening to use deadly physical force.
g. Other assaults involving physical injury. Intentionally or recklessly causing physical injury to
another person, with or without a weapon, in violation of the school district code of conduct.
h. Reckless endangerment. Subjecting individuals to danger by recklessly engaging in conduct that
creates a grave risk of death or serious physical injury, but no actual physical injury.
i. Minor altercations involving physical contact and no physical injury. Striking, shoving or kicking
another person or subjecting another person to unwanted physical contact with intent to harass,
alarm or seriously annoy another person, but no physical injury results.
j. Intimidation, harassment, menacing or bullying behavior and no physical contact.Threatening,
stalking or seeking to coerce or compel a person to do something; intentionally placing or
attempting to place another person in fear of imminent physical injury; or engaging in verbal or
physical conduct that threatens another with harm, including intimidation through the use of epithets
or slurs involving race, ethnicity, national origin, religion, religious practices, gender, sexual
orientation, age or disability that substantially disrupts the educational process.
k. Burglary. Entering or remaining unlawfully on school property with intent to commit a crime.
l. Criminal mischief. Intentional or reckless damaging of the property of the school or of another
person, including but not limited to vandalism and the defacing of property with graffiti.
m. Larceny and other theft offenses. Unlawful taking and carrying away of personal property with
intent to deprive the rightful owner of property permanently or unlawfully withholding property from
another.
n. Bomb threat. A telephoned, written or electronic message that a bomb, explosive, chemical or
biological weapon has been or will be placed on school property.
Page 61
o. False alarm. Falsely activating a fire alarm or other disaster alarm.

p. Riot. Simultaneously with four or more persons engages in tumultuous and violent conduct and
thereby intentionally or recklessly causes or creates a grave risk of physical injury or substantial
property damage or causes public alarm.
q. Weapons possession. Possession of a weapon, except possession in a classroom or laboratory
as part of an instructional program or in a school-related activity under the supervision of a teacher
or other school personnel as authorized by school officials.
r. Drug use, possession or sale. Illegally using or possessing a controlled substance or marijuana,
on school property, including having such substance on a person in a locker, vehicle, or other
personal space; selling or distributing a controlled substance or marijuana, on school property;
finding a controlled substance or marijuana, on school property that is not in the possession of any
person; provided that nothing herein shall be construed to apply to the lawful administration of a
prescription drug on school property.
s. Alcohol use, possession or sale. Illegally using or possessing alcohol on school property,
including having such substance on a person or in a locker, vehicle, or other personal space;
illegally selling or distributing alcohol on school property; finding alcohol on school property that is
not in the possession of any person.
t. Other disruptive incidents. Other incidents involving disruption of the educational process.
2. Recording of offenses.
i. For purposes of reporting pursuant to this subdivision, each incident shall be reported once in the
highest ranking category of offense that applies, except that incidents involving a weapon and one of
the offenses listed in clauses (1)(vi)(a) through (p) of this subdivision shall be reported in the highest
ranking category of offense that applies as an offense committed with a weapon, and not in weapons
possession; and incidents involving drug use, possession or sale and/or alcohol use, possession or
sale and another offense shall be reported in the highest ranking category in clauses (1)(vi)(a)
through (q) of this subdivision that applies. If the offense involves only the use, possession or sale of
drugs or alcohol, it shall be recorded in the applicable category of drug or alcohol use, possession or
sale as an incident involving drug or alcohol use, possession or sale only. For purposes of
determining the highest ranking offense pursuant to this subparagraph, offenses shall be ranked in
the order that they appear in clauses (1)(vi)(a) through (p) of this subdivision, followed by weapons
possession, drug use, possession or sale and alcohol use, possession or sale, and other disruptive
incidents.
ii. The offenses described in clauses (1)(vi)(i), (k ), (l), (m), (p) and (t) of this subdivision shall only be
reported where such behavior, under the district's code of conduct, is of sufficient seriousness to
warrant the suspension or removal of a student or the referral of a student to a counseling or
treatment program or transfer of a student to an alternative education program, or the referral of a
student to the juvenile justice system, or disciplinary action against or dismissal of a school employee,
or notification of law enforcement of the commission of a crime, whether or not the perpetrators are
identified. All incidents involving bomb threats or false alarms as defined in clauses (1)(vi)(n ) and (o)
of this subdivision shall be reported. All incidents involving intimidation, harassment, menacing or
bullying behavior as defined in clause (1)(vi)(j) of this subdivision that are the subject of a written or
oral complaint to the school principal or other school administrator responsible for school discipline, or
are otherwise directly observed by such principal or administrator, shall be reported.
3. Submission of report. Each school district, board of cooperative educational services, charter school
and county vocational education and extension board shall annually submit its report on violent or
disruptive incidents, in the manner prescribed by the commissioner, on or before the basic educational
data system (BEDS) reporting deadline or such other date as determined by the commissioner.
Page 62
4. Content of report. Each individual violent or disruptive incident report shall be in a form prescribed by
the commissioner and shall contain the following information concerning each violent or disruptive
incident that occurred in the prior school year:
i. the number and types of offenders, identified as student, teacher, school safety officer, other school
staff, student intruder, visitor, unknown or other
ii. if any offender is a student, the age and grade of the student;
iii. the location at which the incident occurred, including:
a. the school building in which the incident occurred or whose real property boundary line includes
the athletic playing field, playground, parking lot or land on which the incident occurred, and
whether the incident occurred in a classroom, laboratory, hall, staircase, gymnasium, locker room
or pool, cafeteria, bathroom, auditorium, playground or athletic field or otherwise on school
grounds; or
b. where applicable, that the incident occurred on a school bus; or
c. where applicable, that the incident occurred at a school function conducted off school grounds.
iv. the types of incident, identified by category listed in clauses (1)(vi)(a) through (t) of this subdivision;
v. whether the incident occurred during or outside of regular school hours;
vi. where the incident involves a weapon, whether the weapon was a firearm, knife or other weapon;
vii. whether the incident was bias-related, drug-related, or gang or group-related;
viii. the actions taken by the school in response to the incident, including when the incident was
reported to police or other law enforcement officials and whether disciplinary action was taken against
the offenders
ix. any student discipline or referral action taken against a student/offender, including but not limited to
an out-of-school suspension, a teacher removal, an involuntary transfer to an alternative placement,
an in-school suspension, a referral for community service, a referral for counseling, or a referral to the
juvenile justice system or the criminal justice system, and the duration of such action; and
x. the number and nature of the victims, identified as a student, teacher, school safety officer, other
school staff or other and the victim's age and grade where the victim is a student.
5. Preparation of report. Each annual violent or disruptive incident report shall be in a form prescribed
by the commissioner and shall contain such information as the commissioner shall prescribe, including
but not limited to information on the frequency and types of incidents, offenders, victims and student
discipline or referral actions taken, as is available on the date the annual report is submitted.
6. Local procedures. The governing body of each school district, board of cooperative educational
services, charter school and county vocational education and extension board shall establish local
procedures for the reporting of violent or disruptive incidents by each building and/or program under its
jurisdiction. Such procedures shall assure that copies of each violent or disruptive incident report at the
building or program level are retained for period prescribed by the commissioner in the applicable
records retention schedule, and are available for inspection by the department upon request; provided
that a district or board that adopts an electronic reporting system may fulfill such requirement by
retaining an electronic record of the information reported at the building or program level.
7. Confidentiality. Pursuant to subdivision 6 of section 2802 of the Education Law, all personally
identifiable information included in a violent or disruptive incident report shall be confidential, and shall
not be disclosed to any person for use by any person for purposes other than the purposes of section
2802 of the Education Law, except as otherwise authorized by law.
8. School violence index. Each school year, commencing with the 2005-2006 school year, the
department shall establish a school violence index as a comparative measure of the level of school
Page 63
violence in a school. The school violence index will be computed in accordance with a formula
established by the commissioner that takes into account the enrollment of the school and is weighted to
reflect the most serious violent incidents, which shall include but need not be limited to the following
categories of incidents: homicide, forcible sexual offense, robbery, assault resulting in serious physical
injury, arson, kidnapping, and incidents involving the possession, use or threatened use of a weapon.
2. Reporting of incidents.
i. For the 2012-2013 school year and for each succeeding school year thereafter, each school district,
board of cooperative educational services (BOCES) and charter school shall submit to the
commissioner an annual report of material incidents of discrimination and/or harassment that occurred
in such school year, in accordance with Education Law section 15 and this subdivision. Such report
shall be submitted in a manner prescribed by the commissioner, on or before the basic educational data
system (BEDS) reporting deadline or such other date as determined by the commissioner.
ii. For purposes of reporting pursuant to this subdivision, a school district, BOCES or charter school
shall include in its annual report all material incidents of discrimination and/or harassment that:
a. are the result of the investigation of a written or oral complaint made to the school principal or other
school administrator responsible for school discipline, or to any other employee; or
b. are otherwise directly observed by such principal or administrator, or by any other employee
regardless of whether a complaint is made.
iii. Such report shall include information describing the specific nature of the incident, including, but not
limited to:
a. the type(s) of bias involved (actual or perceived race, color, weight, national origin, ethnic group,
religion, religious practice, disability, sexual orientation, gender, sex, or other). Where multiple types
of bias are involved, they shall all be reported;
b. whether the incident resulted from student and/or employee conduct;
c. whether the incident involved physical contact and/or verbal threats, intimidation or abuse; and
d. the location where the incident occurred (on school property or at a school function).
Page 64

STATUTES
2. Powers and duties. a. Arrest of truants. A supervisor of attendance, attendance teacher or attendance
officer, as the case may be, may arrest without warrant any minor who is unlawfully absent from
attendance upon instruction. He shall forthwith place the minor so arrested in attendance upon required
instruction and shall notify the parent or guardian of the minor, and he may then begin proceedings for his
commitment as a school delinquent or arraign him before a court having jurisdiction. Where a minor
resides in one school district and attends school in another school district, the supervisor of attendance,
attendance teacher or attendance officer of the district where the minor resides and the supervisor of
attendance, attendance teacher or attendance officer of the district where said minor attends school shall
have concurrent jurisdiction with reference to said minor and to the person or persons in parental relation
to him.
4111. Arrest of truants.
Any attendance officer may arrest without warrant anywhere within the state any Indian child between six
and sixteen years of age, found away from his home and who is then a truant from instruction upon which
he is lawfully required to attend within the districts of which such attendance officer has jurisdiction. He
shall forthwith deliver a child so arrested either to the person in parental relation to the child, or to the
teacher of the school from which said child is then a truant, or in case of habitual or incorrigible truants,
shall bring them before a magistrate for commitment to a school for delinquents, as provided in section
forty-one hundred twelve.

STATUTES
3211. Records of attendance upon instruction.
3. Inspection of records of attendance. An attendance officer, or any other duly authorized representative
of the school authorities, may at any time during school hours, demand the production of the records of
attendance of minors required to be kept by the provisions of part one of this article, and may inspect or
copy the same and make all proper inquiries of a teacher or principal concerning the records and the
attendance of such minors.
1. Appointment, removal, compensation and supervision.
Page 65
a. To the end that children shall not suffer through unnecessary failure to attend school for any cause
whatsoever, it shall be the duty of each attendance teacher and each attendance supervisor to secure
for every child his right to educational opportunities which will enable him to develop his fullest
potentialities for education, physical, social and spiritual growth as an individual and to provide for the
school adjustment of any nonattendant child in cooperation with school authorities, special school
services and community and social agencies.
The school authorities of each city school district, union free school district, central school district,
central high school district, or common school district whose limits include in whole or in part an
incorporated village, shall appoint and may remove one or more supervisors of attendance or
attendance teachers of such district. A supervisor of attendance shall be appointed in accordance with
the civil service law and rules, unless he or she is a licensed attendance teacher or a teacher licensed
to teach in New York state, with such further qualifications as the board of regents shall establish. On
and after July first, nineteen hundred fifty-five no full-time supervisor of attendance shall be appointed
unless he or she holds a license as attendance teacher. Such supervisors of attendance and those
holding full-time positions who are similarly licensed teachers or who hold attendance teacher licenses
shall be assigned to the step in the salary schedule of the school district commensurate with the salary
being paid such supervisors or teachers. Such persons shall be paid thereafter in accordance with such
schedule. If the amount of salary received on said July first, nineteen hundred fifty-five is less than the
minimum step of the salary schedule, such supervisor or teacher shall be paid until June thirtieth,
nineteen hundred fifty-six at the rate of the first step and in accordance with the schedule thereafter.
No supervisor of attendance or attendance teacher shall be appointed who is not twenty-one years of
age and in proper physical condition. In the establishment of an eligible list advanced education related
to attendance service shall be taken into consideration in the grading of the candidates. Experience in
teaching, in social service and welfare work, and in business or in the professional field shall likewise
be taken into consideration.
Paragraph a of subdivision one of this section shall apply to a city in which attendance supervisors are
appointed from an eligible list now prepared by a board of examiners.
Supervisors of attendance in a city having a board of examiners shall be licensed as attendance
teachers only when they comply with the regulations for such license as established by the
commissioner of education and any additional requirements which may be established by the board of
examiners.
The board of education shall fix the compensation of part-time supervisors of attendance and prescribe
their duties not inconsistent with part one of this article and make rules and regulations for the
performance thereof. The superintendent of schools or district superintendent of schools shall supervise
the enforcement of part one of this article within such city or school district.
b. The town board of each town, with the approval, in writing, of the district superintendent, shall
appoint, on or before August first of each year, one or more attendance officers and shall fix their
compensation. During the school year it shall also fill promptly any vacancy after notification thereof by
the district superintendent. The district superintendent shall promptly notify the town board of his
approval or disapproval of an appointment. If within one month a town board shall not comply with the
foregoing provisions, the district superintendent, subject to appeal to the commissioner of education,
shall exercise the powers and duties of the town board with respect thereto. An attendance officer
appointed for a town shall have jurisdiction over all school districts of the town which are not otherwise
provided for by this section. He shall be removable at the pleasure of the district superintendent. His
compensation and his necessary expenses in attending conferences called by the district
superintendent shall be a town charge.
Page 66
c. In case a school district shall include territory lying within the boundaries of more than one town, the
attendance officer appointed by the town in which the schoolhouse is located shall have jurisdiction
over the entire school district.
2. Powers and duties.
a. Arrest of truants. A supervisor of attendance, attendance teacher or attendance officer, as the case
may be, may arrest without warrant any minor who is unlawfully absent from attendance upon
instruction. He shall forthwith place the minor so arrested in attendance upon required instruction and
shall notify the parent or guardian of the minor, and he may then begin proceedings for his commitment
as a school delinquent or arraign him before a court having jurisdiction. Where a minor resides in one
school district and attends school in another school district, the supervisor of attendance, attendance
teacher or attendance officer of the district where the minor resides and the supervisor of attendance,
attendance teacher or attendance officer of the district where said minor attends school shall have
concurrent jurisdiction with reference to said minor and to the person or persons in parental relation to
him.
b. Right of entry.
(1) A supervisor of attendance, attendance teacher or attendance officer, as the case may be, in the
performance of his duties, may enter during business hours any factory, mercantile or other
establishment, or other place in which a minor is believed to be employed within the city or school
district in which he is appointed, and shall be entitled to examine on demand the employment
certificates or work permits of minors therein employed, for whose lawful employment such
certificates or permits are required by the provisions of part one of this article.
(2) He may also enter any public place during the hours in which the public have access thereto, to
ascertain if any minor is therein who is required to attend upon instruction by the provisions of part
one of this article, or engaged in a street trade contrary to the provisions of part one of this article, or
to collect information required for the school census.
c. Notification upon absence. It shall be the duty of every school district to inform persons in parental
relation to elementary school pupils of such person's right to be notified when such pupil is deemed
absent from attendance at his designated school. Persons in parental relation to elementary school
pupils shall, if such notification is desired, forward a request in writing to the principal of the pupil's
designated school. Such request shall contain the telephone number of person or persons in parental
relation to the pupil or other information to facilitate communication with such persons by the most
expedient means available. No civil or criminal liability shall arise or attach to any school district or
employee thereof for any act or omission to act as a result of, or in connection with, the duties or
activities authorized or directed by this paragraph.
d. Notification when deemed absent. A supervisor of attendance, attendance teacher, attendance
officer, or other person authorized by the school district, as the case may be, shall, where a request for
notification has been made pursuant to paragraph c of this subdivision, notify a person in parental
relation to any elementary school pupil by the means designated in such request when such pupil is
deemed absent from required attendance at his designated school without prior notification and consent
to such absence by the person in parental relation. No civil or criminal liability shall arise or attach to
any school district or employee thereof for any act or omission to act as a result of, or in connection
with, the duties or activities authorized or directed by this paragraph.
e. To the extent that supervisors of attendance, attendance teachers and attendance officers act
pursuant to this subdivision and subdivision one of this section for the purpose of carrying out the
provisions of part one of this article, they shall be deemed to have acted within the scope of their
employment. Such personnel shall continue to have all the powers, duties and responsibilities conferred
on them by law prior to the date on which the provisions of this paragraph become effective.
Page 67

STATUTES
1. Provide direction, which may include development of model policies and, to the extent possible,
direct services, to school districts related to preventing harassment, bullying and discrimination and to
fostering an environment in every school where all children can learn free of manifestations of bias;
2. Provide grants, from funds appropriated for such purpose, to local school districts to assist them in
implementing the guidelines set forth in this section;
3. Promulgate regulations to assist school districts in implementing this article including, but not limited
to, regulations to assist school districts in developing measured, balanced, and age-appropriate
responses to violations of this policy, with remedies and procedures following a progressive model that
make appropriate use of intervention, discipline and education and provide guidance related to the
application of regulations; and
5. The commissioner shall prescribe regulations that school professionals applying on or after July first,
two thousand thirteen for a certificate or license, including but not limited to a certificate or license valid
for service as a classroom teacher, school counselor, school psychologist, school social worker, school
administrator or supervisor or superintendent of schools shall, in addition to all other certification or
licensing requirements, have completed training on the social patterns of harassment, bullying and
STATUTES
2. Provide grants, from funds appropriated for such purpose, to local school districts to assist them in
implementing the guidelines set forth in this section;
Page 68
Other/Uncategorized
STATUTES
16. Protection of people who report harassment, bullying or discrimination.
Any person having reasonable cause to suspect that a student has been subjected to harassment,
bullying or discrimination, by an employee or student, on school grounds or at a school function, who,
acting reasonably and in good faith, reports such information to school officials, to the commissioner or to
law enforcement authorities, acts in compliance with paragraph e or i of subdivision one of section
thirteen of this article, or otherwise initiates, testifies, participates or assists in any formal or informal
proceedings under this article, shall have immunity from any civil liability that may arise from the making
of such report or from initiating, testifying, participating or assisting in such formal or informal proceedings,
and no school district or employee shall take, request or cause a retaliatory action against any such
person who, acting reasonably and in good faith, either makes such a report or initiates, testifies,
participates or assists in such formal or informal proceedings.
3028-a. Students under twenty-one years of age suspected of alcohol abuse or narcotic addiction.
Any teacher, school administrator, school guidance counselor, school psychologist, school drug
counselor, school nurse, supervisor of attendance, attendance teacher or attendance officer having
reasonable cause to suspect that a secondary or elementary student under twenty-one years of age is a
substance or alcohol abuser or substance dependent, who report such information to the appropriate
secondary or elementary school officials pursuant to the school's drug policy or if the school has no drug
policy to the school's principal or the parents or legal guardians of such student under twenty-one years of
age shall have immunity from any civil liability that might otherwise be incurred or imposed as a result of
the making of such a report.
3028-c. Protection of school employees who report acts of violence and weapons possession.
Any school employee having reasonable cause to suspect that a person has committed an act of violence
while in or on school property, or having reasonable cause to suspect that a person has committed an act
of violence upon a student, school employee or volunteer either upon school grounds or elsewhere, or
having reasonable cause to suspect that a person has brought a gun, knife, bomb or other instrument
capable of or that appears capable of causing death or physical injury upon school grounds who in good
faith reports such information to school officials, to the commissioner, or to law enforcement authorities,
shall have immunity from any civil liability that may arise from the making of such report, and no school
district or school district employee shall take, request or cause a retaliatory action against any such
employee who makes such report.
ADMINISTRATIVE CODE
Page 69

STATUTES
thereof. Such policy may be adopted by the school board or trustees only after at least one public hearing
that provides for the participation of school personnel, parents, students and any other interested parties.
3. The district code of conduct shall be developed in collaboration with student, teacher, administrator,
and parent organizations, school safety personnel and other school personnel and shall be approved by
the board of education, or other governing body, or by the chancellor of the city school district in the case
of the city school district of the city of New York. In the city school district of the city of New York, each
community school district board shall be authorized to adopt and implement additional policies, which are
consistent with the city district's district-wide code of conduct, to reflect the individual needs of each
community school district provided that such additional policies shall require the approval of the
chancellor.
Other/Uncategorized
STATUTES
4. Expense.
a. The expense attending the commitment and costs of maintenance of any school delinquent shall be
a charge against the city or district where he resides, if such city or district employs a superintendent of
schools; otherwise it shall be a county charge.
b. The school authorities may institute proceedings before a court having jurisdiction to determine the
liability of a person in parental relation to contribute towards the maintenance of a school delinquent
under sixteen years of age ordered to attend upon instruction under confinement. If the court shall find
the person in parental relation able to contribute towards the maintenance of such a minor, it may issue
an order fixing the amount to be paid weekly.
Page 70

School Discipline
resources provided by New York provide additional context to state policy and regulations and, in some
Title
Description
Violent and
Disruptive Incident
Reporting (VADIR)
Information on the VADIR system.
http://www.p12.nysed.gov/irs/school
_safety/school_safety_data_collectio
n.html
The Dignity for All

Students Act
Information on New Yorks Dignity for All

Students Act.
http://www.p12.nysed.gov/dignityact
Corporal
Punishment
Information on corporal punishment.
http://www.p12.nysed.gov/sss/pps/co
rporalpunishment
New York Codes,

Rules and
Regulations
(NYCRR)
State regulations on student discipline
http://www.p12.nysed.gov/sss/lawsre
gs/#StudentDiscipline
State regulations on student suspension
http://www.p12.nysed.gov/sss/lawsre
gs/#StudentSuspension
Resources for violence prevention

programs in schools & safe supportive
environment
http://www.p12.nysed.gov/sss/ssae/s
choolsafety/save/
Website
Documents
No relevant
resources found
Other Resources
New York State
Safe Schools
Against Violence
in Education
(SAVE)
Page 71
North Carolina
Discipline Laws and
Regulations
Introduction
document.
Notes & Disclaimers

Prepared by:
Child Trends
Suite 1200W
Suite 110
Table of Contents
North Carolina State Codes Cited ............................................................................................................. 1
Scope ........................................................................................................................................................ 5
Other weapons ........................................................................................................................................ 23
Substance use......................................................................................................................................... 25
Prevention ............................................................................................................................................... 28
North Carolina State Codes Cited

North Carolina Revised Statutes
Chapter 115C. Elementary and Secondary Education
Article 2. State Board of Education
115C-12.
Powers and duties of the board generally
Article 19. Principals and Supervisors

115C-288.
Powers and duties of principal
Article 27. Discipline

115C-390.2.
115C-390.3.
115C-390.4.
115C-390.5.
115C-390.6.
115C-390.7.
115C-390.8.
115C-390.9.
115C-390.10.
115C-390.11.
115C-390.12.
115C-391.1.
115C-392.
Discipline policies
Reasonable force
Corporal punishment
Short-term suspension
Short-term suspension procedures
Long-term suspension
Long-term suspension procedures
Alternative education services
365-day suspension for gun possession
Expulsion
Request for readmission
Permissible use of seclusion and restraint
Appeal of disciplinary measures
Article 27A. Management and Placement of Disruptive Students

115C-397.1.
Management and placement of disruptive students
Article 29. Protective Provisions and Maintenance of Student Records

115C-402.
Student records; maintenance; contents; confidentiality
Article 29A. Policy Prohibiting Use of Tobacco Products

115C-407.
Policy prohibiting tobacco use in school buildings, grounds, and at school-sponsored

events
Article 29C. School Violence Prevention

115C-407.15.
115C-407.16.
Bullying and harassing behavior

Policy against bullying or harassing behavior
North Carolina Compilation of School Discipline Laws and Regulations
Page 1
North Carolina Administrative Code

Title 16. Education
Chapter 6. Elementary and Secondary Education
Subchapter 6E. Students
16 NCAC 06E .0103
16 N.C.A.C. 6E.0104.
Enforcement
Involuntary suspensions
Page 2
General Provisions
STATUTES
115C-390.2. Discipline policies.
(a) Local boards of education shall adopt policies to govern the conduct of students and establish
procedures to be followed by school officials in disciplining students. These policies must be consistent
with the provisions of this Article and the constitutions, statutes, and regulations of the United States and
the State of North Carolina.
(b) Board policies shall include or provide for the development of a Code of Student Conduct that notifies
students of the standards of behavior expected of them, conduct that may subject them to discipline, and
the range of disciplinary measures that may be used by school officials.
(c) Board policies may authorize suspension for conduct not occurring on educational property, but only if
the student's conduct otherwise violates the Code of Student Conduct and the conduct has or is
reasonably expected to have a direct and immediate impact on the orderly and efficient operation of the
schools or the safety of individuals in the school environment.
(d) Board policies shall not allow students to be long-term suspended or expelled from school solely for
truancy or tardiness offenses and shall not allow short-term suspension of more than two days for such
offenses.
(e) Board policies shall not impose mandatory long-term suspensions or expulsions for specific violations
unless otherwise provided in State or federal law.
(f) Board policies shall minimize the use of long-term suspension and expulsion by restricting the
availability of long-term suspension or expulsion to those violations deemed to be serious violations of the
board's Code of Student Conduct that either threaten the safety of students, staff, or school visitors or
threaten to substantially disrupt the educational environment. Examples of conduct that would not be
deemed to be a serious violation include the use of inappropriate or disrespectful language,
noncompliance with a staff directive, dress code violations, and minor physical altercations that do not
involve weapons or injury. The principal may, however, in his or her discretion, determine that
aggravating circumstances justify treating a minor violation as a serious violation.
(g) Board policies shall not prohibit the superintendent and principals from considering the student's
intent, disciplinary and academic history, the potential benefits to the student of alternatives to
suspension, and other mitigating or aggravating factors when deciding whether to recommend or impose
long-term suspension.
(h) Board policies shall include the procedures to be followed by school officials in suspending, expelling,
or administering corporal punishment to any student, which shall be consistent with this Article.
(i) Each local board shall publish all policies, administrative procedures, or school rules mandated by this
section and make them available to each student and his or her parent at the beginning of each school
year and upon request.
(j) Local boards of education are encouraged to include in their safe schools plans, adopted pursuant to
G.S. 115C-105.47, research-based behavior management programs that take positive approaches to
improving student behaviors.
(k) School officials are encouraged to use a full range of responses to violations of disciplinary rules, such
as conferences, counseling, peer mediation, behavior contracts, instruction in conflict resolution and
Page 3
anger management, detention, academic interventions, community service, and other similar tools that do
not remove a student from the classroom or school building.
115C-407. Policy prohibiting tobacco use in school buildings, grounds, and at school-sponsored
events.
(a) Not later than August 1, 2008, local boards of education shall adopt, implement, and enforce a written
policy prohibiting at all times the use of any tobacco product by any person in school buildings, in school
facilities, on school campuses, and in or on any other school property owned or operated by the local
school administrative unit. The policy shall further prohibit the use of all tobacco products by persons
attending a school-sponsored event at a location not listed in this subsection when in the presence of
students or school personnel or in an area where smoking is otherwise prohibited by law.
(b) The policy shall include at least all of the following elements:
(1) Adequate notice to students, parents, the public, and school personnel of the policy.
(2) Posting of signs prohibiting at all times the use of tobacco products by any person in and on school
property.
(3) Requirements that school personnel enforce the policy.
(c) The policy may permit tobacco products to be included in instructional or research activities in public
school buildings if the activity is conducted or supervised by the faculty member overseeing the
instruction or research and the activity does not include smoking, chewing, or otherwise ingesting the
tobacco product.
(d) The North Carolina Health and Wellness Trust Fund Commission shall work with local boards of
education to provide assistance with the implementation of this policy including providing information
regarding smoking cessation and prevention resources. Nothing in this section, G.S. 143-595 through
G.S. 143-601, or any other section prohibits a local board of education from adopting and enforcing a
more restrictive policy on the use of tobacco in school buildings, in school facilities, on school campuses,
or at school-related or school-sponsored events, and in or on other school property.
115C-407.16. Policy against bullying or harassing behavior.
(a) Before December 31, 2009, each local school administrative unit shall adopt a policy prohibiting
bullying or harassing behavior.
(b) The policy shall contain, at a minimum, the following components:
(1) A statement prohibiting bullying or harassing behavior.
(2) A definition of bullying or harassing behavior no less inclusive than that set forth in this Article.
(3) A description of the type of behavior expected for each student and school employee.
(4) Consequences and appropriate remedial action for a person who commits an act of bullying or
harassment.
(5) A procedure for reporting an act of bullying or harassment, including a provision that permits a
person to report such an act anonymously. This shall not be construed to permit formal disciplinary
action solely on the basis of an anonymous report.
(6) A procedure for prompt investigation of reports of serious violations and complaints of any act of
bullying or harassment, identifying either the principal or the principal's designee as the person
responsible for the investigation.
(7) A statement that prohibits reprisal or retaliation against any person who reports an act of bullying or
harassment, and the consequence and appropriate remedial action for a person who engages in
reprisal or retaliation.
Page 4
(8) A statement of how the policy is to be disseminated and publicized, including notice that the policy
applies to participation in school-sponsored functions.
(c) Nothing in this Article shall prohibit a local school administrative unit from adopting a policy that
includes components beyond the minimum components provided in this section or that is more inclusive
than the requirements of this Article.
(d) Notice of the local policy shall appear in any school unit publication that sets forth the comprehensive
rules, procedures, and standards of conduct for schools within the school unit and in any student and
(e) Information regarding the local policy against bullying or harassing behavior shall be incorporated into
a school's employee training program.
(f) To the extent funds are appropriated for these purposes, a local school administrative unit shall, by
March 1, 2010, provide training on the local policy to school employees and volunteers who have
significant contact with students.
Scope
STATUTES
(c) Board policies may authorize suspension for conduct not occurring on educational property, but only if
the student's conduct otherwise violates the Code of Student Conduct and the conduct has or is
reasonably expected to have a direct and immediate impact on the orderly and efficient operation of the
schools or the safety of individuals in the school environment.
STATUTES
(b) Board policies shall include or provide for the development of a Code of Student Conduct that notifies
students of the standards of behavior expected of them, conduct that may subject them to discipline, and
the range of disciplinary measures that may be used by school officials.
(i) Each local board shall publish all policies, administrative procedures, or school rules mandated by this
section and make them available to each student and his or her parent at the beginning of each school
year and upon request.
Page 5
STATUTES
115C-397.1. Management and placement of disruptive students.
If, after a teacher has requested assistance from the principal two or more times due to a student's
disruptive behavior, the teacher finds that the student's disruptive behavior continues to interfere with the
academic achievement of that student or other students in the class, then the teacher may refer the
matter to a school-based committee. The teacher may request that additional classroom teachers
participate in the committee's proceedings. For the purposes of this section, the committee shall notify the
student's parent, guardian, or legal custodian and shall encourage that person's participation in the
proceedings of the committee concerning the student. Nothing in this section requires a student to be
screened, evaluated, or identified as a child with a disability under Article 9 of this Chapter. The
committee shall review the matter and shall take one or more of the following actions: (i) advise the
teacher on managing the student's behavior more effectively, (ii) recommend to the principal the transfer
of the student to another class within the school, (iii) recommend to the principal a multidisciplinary
evaluation of the student, (iv) recommend to the principal that the student be assigned to an alternative
learning program, or (v) recommend to the principal that the student receive any additional services that
the school or the school unit has the resources to provide for the student. If the principal does not follow
the recommendation of the committee, the principal shall provide a written explanation to the committee,
the teacher who referred the matter to the committee, and the superintendent, of any actions taken to
resolve the matter and of the reason the principal did not follow the recommendation of the committee.
This section shall be in addition to the supplemental to disciplinary action taken in accordance with any
other law. The recommendation of the committee is final and shall not be appealed under G.S. 115C45(c). Nothing in this section shall authorize a student to refer a disciplinary matter to this committee or to
have the matter of the student's behavior referred to this committee before any discipline is imposed on
the student.

STATUTES
Page 6
the student.

STATUTES
115C-390.4. Corporal punishment.
(a) Each local board of education shall determine whether corporal punishment will be permitted in its
school administrative unit. Notwithstanding a local board of education's prohibition on the use of corporal
punishment, school personnel may use physical restraint in accordance with federal law and G.S. 115C391.1 and reasonable force pursuant to G.S. 115C-390.3.
(b) To the extent that corporal punishment is permitted, the policies adopted for the administration of
corporal punishment shall include at a minimum the following:
(1) Corporal punishment shall not be administered in a classroom with other students present.
(2) Only a teacher, principal, or assistant principal may administer corporal punishment and may do so
only in the presence of a principal, assistant principal, or teacher who shall be informed beforehand and
in the student's presence of the reason for the punishment.
(3) A school person shall provide the student's parent with notification that corporal punishment has
been administered, and the person who administered the corporal punishment shall provide the
student's parent a written explanation of the reasons and the name of the second person who was
present.
Page 7
(4) The school shall maintain records of each administration of corporal punishment and the reasons for
its administration.
(5) In no event shall excessive force be used in the administration of corporal punishment. Excessive
force includes force that results in injury to the child that requires medical attention beyond simple first
aid.
(6) Corporal punishment shall not be administered on a student whose parent or guardian has stated in
writing that corporal punishment shall not be administered to that student. Parents and guardians shall
be given a form to make such an election at the beginning of the school year or when the student first
enters the school during the year. The form shall advise the parent or guardian that the student may be
subject to suspension, among other possible punishments, for offenses that would otherwise not
require suspension if corporal punishment were available. If the parent or guardian does not return the
form, corporal punishment may be administered on the student.
(c) Each local board of education shall report annually to the State Board of Education, in a manner
prescribed by the State Board of Education, on the number of times that corporal punishment was
administered. The report shall be in compliance with the federal Family Educational Rights and Privacy
Act, 20 U.S.C. 1232g, and shall include the following:
(1) The number of students who received corporal punishment.
(2) The number of students who received corporal punishment who were also students with disabilities
and were eligible to receive special education and related services under the federal Individuals with
Disabilities Education Act,20 U.S.C. 1400, et seq.
(3) The grade level of the students who received corporal punishment.
(4) The race, gender, and ethnicity of the students who received corporal punishment.
(5) The reason for the administration of the corporal punishment for each student who received corporal
punishment.


Page 8

STATUTES
115C-390.5. Short-term suspension.
(a) The principal shall have authority to impose short-term suspension on a student who willfully engages
in conduct that violates a provision of the Code of Student Conduct authorizing short-term suspension.
115C-390.7. Long-term suspension.
(a) A principal may recommend to the superintendent the long-term suspension of any student who
willfully engages in conduct that violates a provision of the Code of Student Conduct that authorizes longterm suspension.
115C-390.11. Expulsion.
(a) Upon recommendation of the superintendent, a local board of education may expel any student 14
years of age or older whose continued presence in school constitutes a clear threat to the safety of other
students or school staff. Prior to the expulsion of any student, the local board shall conduct a hearing to
determine whether the student's continued presence in school constitutes a clear threat to the safety of
other students or school staff. The student shall be given reasonable notice of the recommendation in
accordance with G.S. 115C-390.8(a) and (b), as well as reasonable notice of the time and place of the
scheduled hearing.


STATUTES
(e) Board policies shall not impose mandatory long-term suspensions or expulsions for specific violations
unless otherwise provided in State or federal law.
(f) Board policies shall minimize the use of long-term suspension and expulsion by restricting the
availability of long-term suspension or expulsion to those violations deemed to be serious violations of the
board's Code of Student Conduct that either threaten the safety of students, staff, or school visitors or
threaten to substantially disrupt the educational environment. Examples of conduct that would not be
deemed to be a serious violation include the use of inappropriate or disrespectful language,
noncompliance with a staff directive, dress code violations, and minor physical altercations that do not
involve weapons or injury. The principal may, however, in his or her discretion, determine that
aggravating circumstances justify treating a minor violation as a serious violation.
(g) Board policies shall not prohibit the superintendent and principals from considering the student's
intent, disciplinary and academic history, the potential benefits to the student of alternatives to
Page 9
suspension, and other mitigating or aggravating factors when deciding whether to recommend or impose
long-term suspension.
115C-390.5. Short-term suspension.
(b) If a student's short-term suspensions accumulate to more than 10 days in a semester, to the extent
the principal has not already done so, he or she shall invoke the mechanisms provided for in the
applicable safe schools plan adopted pursuant to G.S. 115C-105.47(b)(5) and (b)(6).
(c) A student subject to short-term suspension shall be provided the following:
(1) The opportunity to take textbooks home for the duration of the suspension.
(2) Upon request, the right to receive all missed assignments and, to the extent practicable, the
materials distributed to students in connection with the assignment.
(3) The opportunity to take any quarterly, semester, or grading period examinations missed during the
suspension period.
115C-390.6. Short-term suspension procedures.
(a) Except as authorized in this section, no short-term suspension shall be imposed upon a student
without first providing the student an opportunity for an informal hearing with the principal. The notice to
the student of the charges may be oral or written, and the hearing may be held immediately after the
notice is given. The student has the right to be present, to be informed of the charges and the basis for
the accusations, and to make statements in defense or mitigation of the charges.
(a) Only the superintendent has the authority to long-term suspend a student.
(b) Before the superintendent's imposition of a long-term suspension, the student must be provided an
opportunity for a hearing consistent with G.S. 115C-390.8.
(c) If the student recommended for long-term suspension declines the opportunity for a hearing, the
superintendent shall review the circumstances of the recommended long-term suspension. Following
such review, the superintendent (i) may impose the suspension if is it consistent with board policies and
appropriate under the circumstances, (ii) may impose another appropriate penalty authorized by board
policy, or (iii) may decline to impose any penalty.
(d) If a teacher is assaulted or injured by a student and as a result the student is long-term suspended or
reassigned to alternative education services, the student shall not be returned to that teacher's classroom
unless the teacher consents.
(b) During the expulsion, the student is not entitled to be present on any property of the local school
administrative unit and is not considered a student of the local board of education. Nothing in this section
shall prevent a local board of education from offering access to some type of alternative educational
services that can be provided to the student in a manner that does not create safety risks to other
students and school staff.
Page 10

STATUTES
(h) Board policies shall include the procedures to be followed by school officials in suspending, expelling,
or administering corporal punishment to any student, which shall be consistent with this Article.
(a) Except as authorized in this section, no short-term suspension shall be imposed upon a student
without first providing the student an opportunity for an informal hearing with the principal. The notice to
the student of the charges may be oral or written, and the hearing may be held immediately after the
notice is given. The student has the right to be present, to be informed of the charges and the basis for
the accusations, and to make statements in defense or mitigation of the charges.
(b) The principal may impose a short-term suspension without providing the student an opportunity for a
hearing if the presence of the student creates a direct and immediate threat to the safety of other students
or staff, or substantially disrupts or interferes with the education of other students or the maintenance of
discipline at the school. In such cases, the notice of the charges and informal hearing described in
subsection (a) of this section shall occur as soon as practicable.
(c) The principal shall provide notice to the student's parent of any short-term suspension, including the
reason for the suspension and a description of the alleged student conduct upon which the suspension is
based. The notice shall be given by the end of the workday during which the suspension is imposed when
reasonably possible, but in no event more than two days after the suspension is imposed. The notice
shall be given by certified mail, telephone, facsimile, e-mail, or any other method reasonably designed to
achieve actual notice.
(d) If English is the second language of the parent, the notice shall be provided in the parent's primary
language, when the appropriate foreign language resources are readily available, and in English, and
both versions shall be in plain language and shall be easily understandable.
(e) A student is not entitled to appeal the principal's decision to impose a short-term suspension to the
superintendent or local board of education. Further, such a decision is not subject to judicial review.
Notwithstanding this subsection, the local board of education, in its discretion, may provide students an
opportunity for a review or appeal of a short-term suspension to the superintendent or local board of
education.
115C-390.8. Long-term suspension procedures.
(a) When a student is recommended by the principal for long-term suspension, the principal shall give
written notice to the student's parent. The notice shall be provided to the student's parent by the end of
the workday during which the suspension was recommended when reasonably possible or as soon
thereafter as practicable. The written notice shall provide at least the following information:
(1) A description of the incident and the student's conduct that led to the long-term suspension
recommendation.
(2) A reference to the provisions of the Code of Student Conduct that the student is alleged to have
violated.
(3) The specific process by which the parent may request a hearing to contest the decision, including
the number of days within which the hearing must be requested.
(4) The process by which a hearing will be held, including, at a minimum, the procedures described in
subsection (e) of this section.
Page 11
(5) Notice that the parent is permitted to retain an attorney to represent the student in the hearing
process.
(6) The extent to which the local board policy permits the parent to have an advocate, instead of an
attorney, accompany the student to assist in the presentation of his or her appeal.
(7) Notice that the parent has the right to review and obtain copies of the student's educational records
before the hearing.
(8) A reference to the local board policy on the expungement of discipline records as required by G.S.
115C-402.
(b) Written notice may be provided by certified mail, fax, e-mail, or any other written method reasonably
designed to achieve actual notice of the recommendation for long-term suspension. When school
personnel are aware that English is not the primary language of the parent or guardian, the notice shall
be written in both English and in the primary language of the parent or guardian when the appropriate
foreign language resources are readily available. All notices described in this section shall be written in
plain English, and shall include the following information translated into the dominant non-English
language used by residents within the local school administrative unit:
(1) The nature of the document, i.e., that it is a long-term suspension notice.
(2) The process by which the parent may request a hearing to contest the long-term suspension.
(3) The identity and phone number of a school employee that the parent may call to obtain assistance in
understanding the English language information included in the document.
(c) No long-term suspension shall be imposed on a student until an opportunity for a formal hearing is
provided to the student. If a hearing is timely requested, it shall be held and a decision issued before a
long-term suspension is imposed, except as otherwise provided in this subsection. The student and
parent shall be given reasonable notice of the time and place of the hearing.
(1) If no hearing is timely requested, the superintendent shall follow the procedures described in G.S.
115C-390.7(c).
(2) If the student or parent requests a postponement of the hearing, or if the hearing is requested
beyond the time set for such request, the hearing shall be scheduled, but the student shall not have the
right to return to school pending the hearing.
(3) If neither the student nor parent appears for the scheduled hearing, after having been given
reasonable notice of the time and place of the hearing, the parent and student are deemed to have
waived the right to a hearing and the superintendent shall conduct the review required by G.S. 115C390.7(c).
(d) The formal hearing may be conducted by the local board of education, by the superintendent, or by a
person or group of persons appointed by the local board or superintendent to serve as a hearing officer or
hearing panel. Neither the board nor the superintendent shall appoint any individual to serve as a hearing
officer or on a hearing panel who is under the direct supervision of the principal recommending
suspension. If the hearing is conducted by an appointed hearing officer or hearing panel, such officer or
panel shall determine the relevant facts and credibility of witnesses based on the evidence presented at
the hearing. Following the hearing, the superintendent or local board shall make a final decision regarding
the suspension. The superintendent or board shall adopt the hearing officer's or panel's factual
determinations unless they are not supported by substantial evidence in the record.
(e) Long-term suspension hearings shall be conducted in accordance with policies adopted by the board
of education. Such policies shall offer the student procedural due process including, but not limited to, the
following:
Page 12
(1) The right to be represented at the hearing by counsel or, in the discretion of the local board, a nonattorney advocate.
(2) The right to be present at the hearing, accompanied by his or her parents.
(3) The right of the student, parent, and the student's representative to review before the hearing any
audio or video recordings of the incident and, consistent with federal and State student records laws
and regulations, the information supporting the suspension that may be presented as evidence at the
hearing, including statements made by witnesses related to the charges consistent with subsection (h)
of this section.
(4) The right of the student, parent, or the student's representative to question witnesses appearing at
the hearing.
(5) The right to present evidence on his or her own behalf, which may include written statements or oral
testimony, relating to the incident leading to the suspension, as well as any of the factors listed in G.S.
115C-390.2(g).
(6) The right to have a record made of the hearing.
(7) The right to make his or her own audio recording of the hearing.
(8) The right to a written decision, based on substantial evidence presented at the hearing, either
upholding, modifying, or rejecting the principal's recommendation of suspension and containing at least
the following information:
a. The basis for the decision, including a reference to any policy or rule that the student is determined
to have violated.
b. Notice of what information will be included in the student's official record pursuant to G.S. 115C402.
c. The student's right to appeal the decision and notice of the procedures for such appeal.
(f) Following the issuance of the decision, the superintendent shall implement the decision by authorizing
the student's return to school or by imposing the suspension reflected in the decision.
(g) Unless the decision was made by the local board, the student may appeal the decision to the local
board in accordance with G.S. 115C-45(c) and policies adopted by the board. Notwithstanding the
provisions of G.S. 115C-45(c), a student's appeal to the board of a decision upholding a long-term
suspension shall be heard and a final written decision issued in not more than 30 calendar days following
the request for such appeal.
(h) Nothing in this section shall compel school officials to release names or other information that could
allow the student or his or her representative to identify witnesses when such identification could create a
safety risk for the witness.
(i) A decision of the local board to uphold the long-term suspension of a student is subject to judicial
review in accordance with Article 4 of Chapter 150B of the General Statutes. The action must be brought
within 30 days of the local board's decision. A person seeking judicial review shall file a petition in the
superior court of the county where the local board made its decision. Local rules notwithstanding,
petitions for judicial review of a long-term suspension shall be set for hearing in the first succeeding term
of superior court in the county following the filing of the certified copy of the official record.
115C-390.10. 365-day suspension for gun possession.
(e) The procedures described in G.S. 115C-390.8 apply to students facing a 365-day suspension
Page 13
(a) Upon recommendation of the superintendent, a local board of education may expel any student 14
years of age or older whose continued presence in school constitutes a clear threat to the safety of other
students or school staff. Prior to the expulsion of any student, the local board shall conduct a hearing to
determine whether the student's continued presence in school constitutes a clear threat to the safety of
other students or school staff. The student shall be given reasonable notice of the recommendation in
accordance with G.S. 115C-390.8(a) and (b), as well as reasonable notice of the time and place of the
scheduled hearing.
(1) The procedures described in G.S. 115C-390.8(e)(1)-(8) apply to students facing expulsion pursuant
to this section, except that the decision to expel a student by the local board of education shall be
based on clear and convincing evidence that the student's continued presence in school constitutes a
clear threat to the safety of other students and school staff.
(2) A local board of education may expel any student subject to G.S. 14-208.18 in accordance with the
procedures of this section. Prior to ordering the expulsion of a student, the local board of education
shall consider whether there are alternative education services that may be offered to the student. As
provided by G.S. 14-208.18(f), if the local board of education determines that the student shall be
provided educational services on school property, the student shall be under the supervision of school
personnel at all times.
(3) At the time a student is expelled under this section, the student shall be provided notice of the right
to petition for readmission pursuant to G.S. 115C-390.12.
115C-392. Appeal of disciplinary measures.
Appeals of disciplinary measures are subject to the provisions of G.S. 115C-45(c).

STATUTES
115C-390.12. Request for readmission.
(a) All students suspended for 365 days or expelled may, after 180 calendar days from the date of the
beginning of the student's suspension or expulsion, request in writing readmission to the local school
administrative unit. The local board of education shall develop and publish written policies and
procedures for the readmission of all students who have been expelled or suspended for 365 days, which
shall provide, at a minimum, the following process:
(1) The process for 365-day suspended students.
a. At the local board's discretion, either the superintendent or the local board itself shall consider and
decide on petitions for readmission. If the decision maker is the superintendent, the superintendent
shall offer the student an opportunity for an in-person meeting. If the decision maker is the local board
of education, the board may offer the student an in-person meeting or may make a determination
based on the records submitted by the student and the superintendent.
b. The student shall be readmitted if the student demonstrates to the satisfaction of the board or
superintendent that the student's presence in school no longer constitutes a threat to the safety of
other students or staff.
Page 14
c. A superintendent's decision not to readmit the student may be appealed to the local board of
education pursuant to G.S. 115C-45(c). The superintendent shall notify the parents of the right to
appeal.
d. There is no right to judicial review of the board's decision not to readmit a 365-day suspended
student.
e. A decision on readmission under this subsection shall be issued within 30 days of the petition.
(2) The process for expelled students.
a. The board of education shall consider all petitions for readmission of expelled students, together
with the recommendation of the superintendent on the matter, and shall rule on the request for
readmission. The board shall consider the petition based on the records submitted by the student and
the response by the administration and shall allow the parties to be heard in the same manner as
provided by G.S. 115C-45(c).
b. The student shall be readmitted if the student demonstrates to the satisfaction of the board or
superintendent that his or her presence in a school no longer constitutes a clear threat to the safety of
other students or staff.
c. A decision by a board of education to deny readmission of an expelled student is not subject to
judicial review.
d. An expelled student may subsequently request readmission not more often than every six months.
The local board of education is not required to consider subsequent readmission petitions filed sooner
than six months after the previous petition was filed.
e. A decision on readmission under this section shall be issued within 30 days of the petition.
(b) If a student is readmitted under this section, the board and the superintendent have the right to assign
the student to any program within the school system and to place reasonable conditions on the
readmission.
(c) If a teacher was assaulted or injured by a student, and as a result the student was expelled, the
student shall not be returned to that teacher's classroom following readmission unless the teacher
consents.

STATUTES
115C-390.3. Reasonable force.
(a) School personnel may use physical restraint only in accordance with G.S. 115C-391.1.
(b) School personnel may use reasonable force to control behavior or to remove a person from the scene
in those situations when necessary for any of the following reasons:
(1) To correct students.
(2) To quell a disturbance threatening injury to others.
(3) To obtain possession of weapons or other dangerous objects on the person, or within the control, of
a student.
(4) For self-defense.
(5) For the protection of persons or property.
(6) To maintain order on educational property, in the classroom, or at a school-related activity on or off
educational property.
Page 15
(c) Notwithstanding any other law, no officer or employee of the State Board of Education or of a local
board of education shall be civilly liable for using reasonable force in conformity with State law, State or
local rules, or State or local policies regarding the control, discipline, suspension, and expulsion of
students. Furthermore, the burden of proof is on the claimant to show that the amount of force used was
not reasonable.
(d) No school employee shall be reprimanded or dismissed for acting or failing to act to stop or intervene
in an altercation between students if the employee's actions are consistent with local board policies. Local
boards of education shall adopt policies, pursuant to their authority under G.S. 115C-47(18), which
provide guidelines for an employee's response if the employee has personal knowledge or actual notice
of an altercation between students.
115C-391.1. Permissible use of seclusion and restraint.
(a) It is the policy of the State of North Carolina to:
(1) Promote safety and prevent harm to all students, staff, and visitors in the public schools.
(2) Treat all public school students with dignity and respect in the delivery of discipline, use of physical
restraints or seclusion, and use of reasonable force as permitted by law.
(3) Provide school staff with clear guidelines about what constitutes use of reasonable force permissible
in North Carolina public schools.
(4) Improve student achievement, attendance, promotion, and graduation rates by employing positive
(5) Promote retention of valuable teachers and other school personnel by providing appropriate training
(b) The following definitions apply in this section:
(1) "Assistive technology device" means any item, piece of equipment, or product system that is used to
increase, maintain, or improve the functional capacities of a child with a disability.
(2) "Aversive procedure" means a systematic physical or sensory intervention program for modifying the
behavior of a student with a disability which causes or reasonably may be expected to cause one or
more of the following:
a. Significant physical harm, such as tissue damage, physical illness, or death.
b. Serious, foreseeable long-term psychological impairment.
c. Obvious repulsion on the part of observers who cannot reconcile extreme procedures with
acceptable, standard practice, for example: electric shock applied to the body; extremely loud
auditory stimuli; forcible introduction of foul substances to the mouth, eyes, ears, nose, or skin;
placement in a tub of cold water or shower; slapping, pinching, hitting, or pulling hair; blindfolding or
other forms of visual blocking; unreasonable withholding of meals; eating one's own vomit; or denial
of reasonable access to toileting facilities.
dangerous, disruptive, or otherwise impedes the learning of a student or others.
(4) "IEP" means a student's Individualized Education Plan.
(5) "Isolation" means a behavior management technique in which a student is placed alone in an
enclosed space from which the student is not prevented from leaving.
(6) "Law enforcement officer" means a sworn law enforcement officer with the power to arrest.
(7) "Mechanical restraint" means the use of any device or material attached or adjacent to a student's
body that restricts freedom of movement or normal access to any portion of the student's body and that
the student cannot easily remove.
Page 16
(8) "Physical restraint" means the use of physical force to restrict the free movement of all or a portion
of a student's body.
(9) "School personnel" means:
a. Employees of a local board of education.
b. Any person working on school grounds or at a school function under a contract or written
agreement with the public school system to provide educational or related services to students.
c. Any person working on school grounds or at a school function for another agency providing
educational or related services to students.
(10) "Seclusion" means the confinement of a student alone in an enclosed space from which the
student is:
a. Physically prevented from leaving by locking hardware or other means.
b. Not capable of leaving due to physical or intellectual incapacity.
(11) "Time-out" means a behavior management technique in which a student is separated from other
students for a limited period of time in a monitored setting.
(c) Physical Restraint:
(1) Physical restraint of students by school personnel shall be considered a reasonable use of force
when used in the following circumstances:
a. As reasonably needed to obtain possession of a weapon or other dangerous objects on a person or
b. As reasonably needed to maintain order or prevent or break up a fight.
c. As reasonably needed for self-defense.
d. As reasonably needed to ensure the safety of any student, school employee, volunteer, or other
person present, to teach a skill, to calm or comfort a student, or to prevent self-injurious behavior.
e. As reasonably needed to escort a student safely from one area to another.
f. If used as provided for in a student's IEP or Section 504 plan or behavior intervention plan.
g. As reasonably needed to prevent imminent destruction to school or another person's property.
(2) Except as set forth in subdivision (1) of this subsection, physical restraint of students shall not be
considered a reasonable use of force, and its use is prohibited.
(3) Physical restraint shall not be considered a reasonable use of force when used solely as a
disciplinary consequence.
(4) Nothing in this subsection shall be construed to prevent the use of force by law enforcement officers
in the lawful exercise of their law enforcement duties.
(d) Mechanical Restraint:
(1) Mechanical restraint of students by school personnel is permissible only in the following
circumstances:
a. When properly used as an assistive technology device included in the student's IEP or Section 504
plan or behavior intervention plan or as otherwise prescribed for the student by a medical or related
service provider.
b. When using seat belts or other safety restraints to secure students during transportation.
c. As reasonably needed to obtain possession of a weapon or other dangerous objects on a person or
d. As reasonably needed for self-defense.
Page 17
e. As reasonably needed to ensure the safety of any student, school employee, volunteer, or other
person present.
(2) Except as set forth in subdivision (1) of this subsection, mechanical restraint, including the tying,
taping, or strapping down of a student, shall not be considered a reasonable use of force, and its use is
prohibited.
(3) Nothing in this subsection shall be construed to prevent the use of mechanical restraint devices
such as handcuffs by law enforcement officers in the lawful exercise of their law enforcement duties.
(e) Seclusion:
(1) Seclusion of students by school personnel may be used in the following circumstances:
a. As reasonably needed to respond to a person in control of a weapon or other dangerous object.
b. As reasonably needed to maintain order or prevent or break up a fight.
c. As reasonably needed for self-defense.
d. As reasonably needed when a student's behavior poses a threat of imminent physical harm to self
or others or imminent substantial destruction of school or another person's property.
e. When used as specified in the student's IEP, Section 504 plan, or behavior intervention plan; and
1. The student is monitored while in seclusion by an adult in close proximity who is able to see and
2. The student is released from seclusion upon cessation of the behaviors that led to the seclusion
or as otherwise specified in the student's IEP or Section 504 plan.
3. The space in which the student is confined has been approved for such use by the local
education agency.
4. The space is appropriately lighted.
5. The space is appropriately ventilated and heated or cooled.
6. The space is free of objects that unreasonably expose the student or others to harm.
(2) Except as set forth in subdivision (1) of this subsection, the use of seclusion is not considered
reasonable force, and its use is not permitted.
(3) Seclusion shall not be considered a reasonable use of force when used solely as a disciplinary
consequence.
(4) Nothing in this subsection shall be construed to prevent the use of seclusion by law enforcement
officers in the lawful exercise of their law enforcement duties.
(f) Isolation. -- Isolation is permitted as a behavior management technique provided that:
(1) The space used for isolation is appropriately lighted, ventilated, and heated or cooled.
(2) The duration of the isolation is reasonable in light of the purpose of the isolation.
(3) The student is reasonably monitored while in isolation.
(4) The isolation space is free of objects that unreasonably expose the student or others to harm.
(g) Time-Out. -- Nothing in this section is intended to prohibit or regulate the use of time-out as defined in
this section.
(h) Aversive Procedures. -- The use of aversive procedures as defined in this section is prohibited in
public schools.
(i) Nothing in this section modifies the rights of school personnel to use reasonable force as permitted
under G.S. 115C-390.3 or modifies the rules and procedures governing discipline under G.S. 115C-390.1
through G.S. 115C-390.12.
(j) Notice, Reporting, and Documentation.
Page 18
(1) Notice of procedures. -- Each local board of education shall provide copies of this section and all
(2) Notice of specified incidents:
a. School personnel shall promptly notify the principal or principal's designee of:
1. Any use of aversive procedures.
2. Any prohibited use of mechanical restraint.
3. Any use of physical restraint resulting in observable physical injury to a student.
4. Any prohibited use of seclusion or seclusion that exceeds 10 minutes or the amount of time
specified on a student's behavior intervention plan.
b. When a principal or principal's designee has personal knowledge or actual notice of any of the
(3) As used in subdivision (2) of this subsection, "promptly notify" means by the end of the workday
during which the incident occurred when reasonably possible, but in no event later than the end of
following workday.
(4) The parent or guardian of the student shall be provided with a written incident report for any incident
a. The date, time of day, location, duration, and description of the incident and interventions.
b. The events or events that led up to the incident.
c. The nature and extent of any injury to the student.
d. The name of a school employee the parent or guardian can contact regarding the incident.
(5) No local board of education or employee of a local board of education shall discharge, threaten, or
(k) Nothing in this section shall be construed to create a private cause of action against any local board of
education, its agents or employees, or any institutions of teacher education or their agents or employees
or to create a criminal offense.
STATUTES
115C-105.47A. Proposals to establish alternative learning programs or alternative schools.
(a) Before establishing any alternative learning program or alternative school, the local board of education
shall develop a proposal to implement the program or school that includes all of the following:
(1) The educational and behavioral goals for students assigned to the program or school.
(2) The policies and procedures for the operation of the program or school based on the State Board's
standards adopted under G.S. 115C-12(24). The policies and procedures shall address the assignment
of students to the program or school.
(3) Identified strategies that will be used to improve student achievement and behavior.
Page 19
(4) Documentation that similar programs and schools in or out of the State, or both, have demonstrated
success in improving the academic achievement and behavior of students assigned to them.
(5) The estimated actual cost of operating the program or school. To the extent practicable, this shall
include the cost of:
a. Staffing the program or school with teachers who have at least four years' teaching experience and
who have received an overall rating of at least above standard on a formal evaluation and are
certified in the areas and grade levels being taught;
b. Providing optimum learning environments, resources and materials, and high quality, ongoing
professional development that will ensure students who are placed in the program or school are
provided enhanced educational opportunities in order to achieve their full potential;
c. Providing support personnel, including school counselors, psychiatrists, clinical psychologists,
social workers, nurses, and other professionals to help students and their families work out complex
issues and problems;
d. Maintaining safe and orderly learning environments; and
e. Providing transitional supports for students exiting the program or school and reentering the
referring school.
(6) Documented support of school personnel and the community for the implementation of the program
or school.
(b) After the local board completes the proposal under subsection (a) of this section, the board shall
submit the proposal to the State Board of Education for its review. The State Board shall review the
proposal expeditiously and, if appropriate, may offer recommendations to modify the proposal. The local
board shall consider any recommendations made by the State Board before implementing the alternative
learning program or alternative school.
115C-105.48. Placement of students in alternative schools/alternative learning programs.
(a) Prior to referring a student to an alternative school or an alternative learning program, the referring
school shall:
(1) Document the procedures that were used to identify the student as being at risk of academic failure
or as being disruptive or disorderly.
(2) Provide the reasons for referring the student to an alternative school or an alternative learning
program.
(3) Provide to the alternative school or alternative learning program all relevant student records,
including anecdotal information.
(b) When a student is placed in an alternative school or an alternative learning program, the appropriate
staff of the alternative school or alternative learning program shall meet to review the records forwarded
by the referring school and to determine what support services and intervention strategies are
recommended for the student. The parents shall be encouraged to provide input regarding the students'
needs.
(e) Disciplinary reassignment of a student to a full-time educational program that meets the academic
requirements of the standard course of study established by the State Board of Education as provided in
G.S. 115C-12 and provides the student with the opportunity to make timely progress towards graduation
and grade promotion is not a long-term suspension requiring the due process procedures described in
G.S. 115C-390.8.No relevant statutes found.
Page 20
115C-390.9. Alternative education services.

(a) Students who are long-term suspended shall be offered alternative education services unless the
superintendent provides a significant or important reason for declining to offer such services. The
following may be significant or important reasons, depending on the circumstances and the nature and
setting of the alternative education services:
(1) The student exhibits violent behavior.
(2) The student poses a threat to staff or other students.
(3) The student substantially disrupts the learning process.
(4) The student otherwise engaged in serious misconduct that makes the provision of alternative
educational services not feasible.
(5) Educationally appropriate alternative education services are not available in the local school
administrative unit due to limited resources.
(6) The student failed to comply with reasonable conditions for admittance into an alternative education
program.
(b) If the superintendent declines to provide alternative education services to the suspended student, the
student may seek review of such decision by the local board of education as permitted by G.S. 115C45(c)(2). If the student seeks such review, the superintendent shall provide to the student and the local
board, in advance of the board's review, a written explanation for the denial of services together with any
documents or other information supporting the decision.
(f) Students who are suspended for 365 days pursuant to this section shall be considered for alternative
educational services consistent with the provisions of G.S. 115C-390.9.
(2) A local board of education may expel any student subject to G.S. 14-208.18 in accordance with the
procedures of this section. Prior to ordering the expulsion of a student, the local board of education shall
consider whether there are alternative education services that may be offered to the student. As provided
by G.S. 14-208.18(f), if the local board of education determines that the student shall be provided
educational services on school property, the student shall be under the supervision of school personnel at
all times.
committee shall review the matter and shall take one or more of the following actions:
(i) advise the teacher on managing the student's behavior more effectively,
(ii) recommend to the principal the transfer of the student to another class within the school,
(iii) recommend to the principal a multidisciplinary evaluation of the student,
(iv) recommend to the principal that the student be assigned to an alternative learning program, or
Page 21
(v) recommend to the principal that the student receive any additional services that the school or the
school unit has the resources to provide for the student. If the principal does not follow the
recommendation of the committee, the principal shall provide a written explanation to the committee,
the student.
Page 22

Conditions
STATUTES
(a) All local boards of education shall develop and implement written policies and procedures, as required
by the federal Gun Free Schools Act, 20 U.SC. 7151, requiring suspension for 365 calendar days of any
student who is determined to have brought or been in possession of a firearm or destructive device on
educational property, or to a school-sponsored event off of educational property. A principal shall
recommend to the superintendent the 365-day suspension of any student believed to have violated board
policies regarding weapons. The superintendent has the authority to suspend for 365 days a student who
has been recommended for such suspension by the principal when such recommendation is consistent
with board policies. Notwithstanding the foregoing, the superintendent may modify, in writing, the required
365-day suspension for an individual student on a case-by-case basis. The superintendent shall not
impose a 365-day suspension if the superintendent determines that the student took or received the
firearm or destructive device from another person at school or found the firearm or destructive device at
school, provided that the student delivered or reported the firearm or destructive device as soon as
practicable to a law enforcement officer or a school employee and had no intent to use such firearm or
destructive device in a harmful or threatening way.
(b) The principal must report all incidents of firearms or destructive devices on educational property or at
a school-sponsored event as required by G.S. 115C-288(g) and State Board of Education policy.
(c) Nothing in this provision shall apply to a firearm that was brought onto educational property for
activities approved and authorized by the local board of education, provided that the local board of
education has adopted appropriate safeguards to protect student safety.
(d) At the time the student and parent receive notice that the student is suspended for 365 days under
this section, the superintendent shall provide notice to the student and the student's parent of the right to
petition the local board of education for readmission pursuant to G.S. 115C-390.12.
(e) The procedures described in G.S. 115C-390.8 apply to students facing a 365-day suspension
(f) Students who are suspended for 365 days pursuant to this section shall be considered for alternative
educational services consistent with the provisions of G.S. 115C-390.9.
Other weapons

STATUTES
Page 23
the student.

STATUTES
(d) Board policies shall not allow students to be long-term suspended or expelled from school solely for
truancy or tardiness offenses and shall not allow short-term suspension of more than two days for such
offenses.
ADMINISTRATIVE CODE
16 N.C.A.C. 06E.0103. Enforcement.
Each LEA must enforce the state laws and regulations which relate to compulsory attendance. LEAs may
adopt rules which allow teachers to consider a student's absences in the computation of the student's
grades.
16 N.C.A.C. 6E.0104. (2013) Involuntary Suspensions.
The absence of a student which results from the suspension or expulsion of that student for misconduct
pursuant to the provisions of G.S. 115C-391 shall not be used for a compulsory attendance violation
action.
Page 24
Substance use
STATUTES
events.
(a) Not later than August 1, 2008, local boards of education shall adopt, implement, and enforce a written
policy prohibiting at all times the use of any tobacco product by any person in school buildings, in school
facilities, on school campuses, and in or on any other school property owned or operated by the local
school administrative unit. The policy shall further prohibit the use of all tobacco products by persons
attending a school-sponsored event at a location not listed in this subsection when in the presence of
students or school personnel or in an area where smoking is otherwise prohibited by law.
(b) The policy shall include at least all of the following elements:
(1) Adequate notice to students, parents, the public, and school personnel of the policy.
(2) Posting of signs prohibiting at all times the use of tobacco products by any person in and on school
property.
(3) Requirements that school personnel enforce the policy.
(c) The policy may permit tobacco products to be included in instructional or research activities in public
school buildings if the activity is conducted or supervised by the faculty member overseeing the
instruction or research and the activity does not include smoking, chewing, or otherwise ingesting the
tobacco product.
regarding smoking cessation and prevention resources. Nothing in this section, G.S. 143-595 through
G.S. 143-601, or any other section prohibits a local board of education from adopting and enforcing a
more restrictive policy on the use of tobacco in school buildings, in school facilities, on school campuses,
or at school-related or school-sponsored events, and in or on other school property.
115C-149. Policy. Chemically dependent children excluded from provisions of Article 9.
The General Assembly of North Carolina hereby declares that the policy of the State is to ensure that an
appropriate education is provided for drug and alcohol addicted children; however, drug and alcohol
addicted children are not "children with disabilities" within the meaning of G.S. 115C-106.3(1) unless
because of some other condition they meet that definition.
115C-150. State Board to adopt rules.
The State Board of Education shall adopt rules to ensure that local school administrative units provide an
appropriate education for drug and alcohol addicted children.

STATUTES
115C-407.15. Bullying and harassing behavior.
(a) As used in this Article, "bullying or harassing behavior" is any pattern of gestures or written, electronic,
or verbal communications, or any physical act or any threatening communication, that takes place on
school property, at any school-sponsored function, or on a school bus, and that:
Page 25
(1) Places a student or school employee in actual and reasonable fear of harm to his or her person or
damage to his or her property; or
(2) Creates or is certain to create a hostile environment by substantially interfering with or impairing a
student's educational performance, opportunities, or benefits. For purposes of this section, "hostile
environment" means that the victim subjectively views the conduct as bullying or harassing behavior
and the conduct is objectively severe or pervasive enough that a reasonable person would agree that it
is bullying or harassing behavior.
Bullying or harassing behavior includes, but is not limited to, acts reasonably perceived as being
motivated by any actual or perceived differentiating characteristic, such as race, color, religion, ancestry,
national origin, gender, socioeconomic status, academic status, gender identity, physical appearance,
sexual orientation, or mental, physical, developmental, or sensory disability, or by association with a
person who has or is perceived to have one or more of these characteristics.
(b) No student or school employee shall be subjected to bullying or harassing behavior by school
employees or students.
(c) No person shall engage in any act of reprisal or retaliation against a victim, witness, or a person with
reliable information about an act of bullying or harassing behavior.
(d) A school employee who has witnessed or has reliable information that a student or school employee
school official.
(e) A student or volunteer who has witnessed or has reliable information that a student or school
(a) Before December 31, 2009, each local school administrative unit shall adopt a policy prohibiting
bullying or harassing behavior.
(b) The policy shall contain, at a minimum, the following components:
(1) A statement prohibiting bullying or harassing behavior.
(2) A definition of bullying or harassing behavior no less inclusive than that set forth in this Article.
(3) A description of the type of behavior expected for each student and school employee.
(4) Consequences and appropriate remedial action for a person who commits an act of bullying or
harassment.
(5) A procedure for reporting an act of bullying or harassment, including a provision that permits a
person to report such an act anonymously. This shall not be construed to permit formal disciplinary
action solely on the basis of an anonymous report.
(6) A procedure for prompt investigation of reports of serious violations and complaints of any act of
bullying or harassment, identifying either the principal or the principal's designee as the person
responsible for the investigation.
(7) A statement that prohibits reprisal or retaliation against any person who reports an act of bullying or
harassment, and the consequence and appropriate remedial action for a person who engages in
reprisal or retaliation.
(8) A statement of how the policy is to be disseminated and publicized, including notice that the policy
applies to participation in school-sponsored functions.
Page 26
(c) Nothing in this Article shall prohibit a local school administrative unit from adopting a policy that
includes components beyond the minimum components provided in this section or that is more inclusive
than the requirements of this Article.
(d) Notice of the local policy shall appear in any school unit publication that sets forth the comprehensive
rules, procedures, and standards of conduct for schools within the school unit and in any student and
115C-407.17. Prevention of school violence.
Schools shall develop and implement methods and strategies for promoting school environments that are
free of bullying or harassing behavior.
115C-407.18. Construction of this Article.
(a) This Article shall not be construed to permit school officials to punish student expression or speech
based on an undifferentiated fear or apprehension of disturbance or out of a desire to avoid the
discomfort and unpleasantness that always accompany an unpopular viewpoint.
(b) This Article shall not be interpreted to prevent a victim of bullying or harassing behavior from seeking
redress under any other available law, either civil or criminal.
(c) Nothing in this Article shall be construed to require an exhaustion of the administrative complaint
process before civil or criminal law remedies may be pursued regarding bullying or harassing behavior.
(d) The provisions of this Article are severable, and if any provision of this Article is held invalid by a court
of competent jurisdiction, the invalidity shall not affect other provisions of this Article which can be given
effect without the invalid provision.
(e) The provisions of this Article shall be liberally construed to give effect to its purposes.
(f) Nothing in this act shall be construed to create any classification, protected class, suspect category, or
preference beyond those existing in present statute or case law.

Page 27

Prevention
STATUTES
115C-407.17. Prevention of school violence.
Schools shall develop and implement methods and strategies for promoting school environments that are
free of bullying or harassing behavior.

STATUTES
(j) Local boards of education are encouraged to include in their safe schools plans, adopted pursuant to
G.S. 115C-105.47, research-based behavior management programs that take positive approaches to
improving student behaviors.
(4) Improve student achievement, attendance, promotion, and graduation rates by employing positive
STATUTES
(5) Promote retention of valuable teachers and other school personnel by providing appropriate training
Page 28

STATUTES
115C-12. Powers and duties of the Board generally.
(21) Duty to Monitor Acts of School Violence. -- The State Board of Education shall monitor and compile
an annual report on acts of violence in the public schools. The State Board shall adopt standard
definitions for acts of school violence and shall require local boards of education to report them to the
State Board in a standard format adopted by the State Board. The State Board shall submit its report on
acts of violence in the public schools to the Joint Legislative Education Oversight Committee by March 15
of each year. []
STATUTES
(c) The principal shall provide notice to the student's parent of any short-term suspension, including the
reason for the suspension and a description of the alleged student conduct upon which the suspension is
based. The notice shall be given by the end of the workday during which the suspension is imposed when
reasonably possible, but in no event more than two days after the suspension is imposed. The notice
shall be given by certified mail, telephone, facsimile, e-mail, or any other method reasonably designed to
achieve actual notice.
(d) If English is the second language of the parent, the notice shall be provided in the parent's primary
language, when the appropriate foreign language resources are readily available, and in English, and
both versions shall be in plain language and shall be easily understandable.
115C-390.8. Long-term suspension procedures.
(a) When a student is recommended by the principal for long-term suspension, the principal shall give
written notice to the student's parent. The notice shall be provided to the student's parent by the end of
the workday during which the suspension was recommended when reasonably possible or as soon
thereafter as practicable. The written notice shall provide at least the following information:
(1) A description of the incident and the student's conduct that led to the long-term suspension
recommendation.
(2) A reference to the provisions of the Code of Student Conduct that the student is alleged to have
violated.
(3) The specific process by which the parent may request a hearing to contest the decision, including
the number of days within which the hearing must be requested.
(4) The process by which a hearing will be held, including, at a minimum, the procedures described in
subsection (e) of this section.
(5) Notice that the parent is permitted to retain an attorney to represent the student in the hearing
process.
(6) The extent to which the local board policy permits the parent to have an advocate, instead of an
attorney, accompany the student to assist in the presentation of his or her appeal.
Page 29
(7) Notice that the parent has the right to review and obtain copies of the student's educational records
before the hearing.
(8) A reference to the local board policy on the expungement of discipline records as required by G.S.
115C-402.
(b) Written notice may be provided by certified mail, fax, e-mail, or any other written method reasonably
designed to achieve actual notice of the recommendation for long-term suspension. When school
personnel are aware that English is not the primary language of the parent or guardian, the notice shall
be written in both English and in the primary language of the parent or guardian when the appropriate
foreign language resources are readily available. All notices described in this section shall be written in
plain English, and shall include the following information translated into the dominant non-English
language used by residents within the local school administrative unit:
(1) The nature of the document, i.e., that it is a long-term suspension notice.
(2) The process by which the parent may request a hearing to contest the long-term suspension.
(3) The identity and phone number of a school employee that the parent may call to obtain assistance in
understanding the English language information included in the document.
(d) At the time the student and parent receive notice that the student is suspended for 365 days under
this section, the superintendent shall provide notice to the student and the student's parent of the right to
petition the local board of education for readmission pursuant to G.S. 115C-390.12.

STATUTES
(b) The principal must report all incidents of firearms or destructive devices on educational property or at
a school-sponsored event as required by G.S. 115C-288(g) and State Board of Education policy.
115C-288. Powers and duties of principal.
(g) To Report Certain Acts to Law Enforcement and the Superintendent. When the principal has
personal knowledge or actual notice from school personnel that an act has occurred on school property
involving assault resulting in serious personal injury, sexual assault, sexual offense, rape, kidnapping,
indecent liberties with a minor, assault involving the use of a weapon, possession of a firearm in violation
of the law, possession of a weapon in violation of the law, or possession of a controlled substance in
violation of the law, the principal shall immediately report the act to the appropriate local law enforcement
agency.
Notwithstanding any other provision of law, the State Board of Education shall not require the principal to
report to law enforcement acts in addition to those required to be reported by law.
For purposes of this subsection, "school property" shall include any public school building, bus, public
school campus, grounds, recreational area, or athletic field, in the charge of the principal.
The principal or the principal's designee shall notify the superintendent or the superintendent's designee
in writing or by electronic mail regarding any report made to law enforcement under this subsection. This
notification shall occur by the end of the workday in which the incident occurred when reasonably
possible but not later than the end of the following workday. The superintendent shall provide the
information to the local board of education.
Page 30

STATUTES
115C-402. Student records; maintenance; contents; confidentiality.
(b) The official record shall contain, as a minimum, adequate identification data including date of birth,
attendance data, grading and promotion data, and such other factual information as may be deemed
appropriate by the local board of education having jurisdiction over the school wherein the record is
maintained. Each student's official record also shall include notice of any long-term suspension or
expulsion imposed pursuant to G.S. 115C-390.7 through G.S. 115C-390.11 and the conduct for which the
student was suspended or expelled. The superintendent or the superintendent's designee shall expunge
from the record the notice of suspension or expulsion if the following criteria are met:
(1) One of the following persons makes a request for expungement:
a. The student's parent, legal guardian, or custodian.
b. The student, if the student is at least 16 years old or is emancipated.
(2) The student either graduates from high school or is not expelled or suspended again during the twoyear period commencing on the date of the student's return to school after the expulsion or suspension.
(3) The superintendent or the superintendent's designee determines that the maintenance of the record
is no longer needed to maintain safe and orderly schools.
(4) The superintendent or the superintendent's designee determines that the maintenance of the record
is no longer needed to adequately serve the child.
(c) Notwithstanding subdivision (b)(1) of this section, a superintendent or the superintendent's designee
may expunge from a student's official record any notice of suspension or expulsion provided all other
criteria under subsection (b) are met.
(d) Each local board's policy on student records shall include information on the procedure for
expungement under subsection (b) of this section.
(e) The official record of each student is not a public record as the term "public record" is defined by G.S.
132-1. The official record shall not be subject to inspection and examination as authorized by G.S. 132-6.

STATUTES
115C-12. Powers and duties of the Board generally.
(27) Reporting Dropout Rates, Corporal Punishment, Suspensions, Expulsions, and Alternative
Placements. -- The State Board shall report by March 15 of each year to the Joint Legislative Education
Oversight Committee on the numbers of students who have dropped out of school, been subjected to
corporal punishment, been suspended, been expelled, been reassigned for disciplinary purposes, or been
provided alternative education services. The data shall be reported in a disaggregated manner, reflecting
the local school administrative unit, race, gender, grade level, ethnicity, and disability status of each
affected student. Such data shall be readily available to the public. The State Board shall not include
students that have been expelled from school when calculating the dropout rate. The Board shall maintain
a separate record of the number of students who are expelled from school and the reasons for the
expulsion. []
Page 31


Page 32

STATUTES
events.
regarding smoking cessation and prevention resources.[...]
Page 33
Other/Uncategorized
STATUTES
115C-390.3. Reasonable force.
(c) Notwithstanding any other law, no officer or employee of the State Board of Education or of a local
board of education shall be civilly liable for using reasonable force in conformity with State law, State or
local rules, or State or local policies regarding the control, discipline, suspension, and expulsion of
students. Furthermore, the burden of proof is on the claimant to show that the amount of force used was
not reasonable.
(d) No school employee shall be reprimanded or dismissed for acting or failing to act to stop or intervene
in an altercation between students if the employee's actions are consistent with local board policies. Local
boards of education shall adopt policies, pursuant to their authority under G.S. 115C-47(18), which
provide guidelines for an employee's response if the employee has personal knowledge or actual notice
of an altercation between students.

Other/Uncategorized
Page 34

School Discipline
resources provided by North Carolina provide additional context to state policy and regulations and, in
Title
Description
Annual Report of School

Crime and Violence and
Annual Study of Suspensions
and Expulsions
Provides reports on school

crime, violence, suspensions,
and expulsions for multiple
years.
http://www.ncpublicschools.org/rese
arch/discipline/reports/
North Carolina Discipline Data

Reporting Procedures
Describes procedures for

discipline data reporting
http://www.dpi.state.nc.us/docs/rese
arch/discipline/collection/disciplinereporting-procedures.pdf
Website
Documents
Other Resources
Page 35
North Dakota
Discipline Laws and
Regulations
Introduction
document.
Notes & Disclaimers

Prepared by:
Child Trends
Suite 1200W
Suite 110
Table of Contents
North Dakota State Codes Cited ................................................................................................................ 1
Scope ........................................................................................................................................................ 4
Limitations, conditions, or exclusions for use of suspension and expulsion ............................................. 7
Administrative procedures related to suspensions and expulsion ............................................................ 7
Alternative Placements ............................................................................................................................. 9
Other weapons ........................................................................................................................................ 10
Substance use......................................................................................................................................... 13
Prevention ............................................................................................................................................... 16
North Dakota State Codes Cited

North Dakota Revised Statutes
North Dakota Century Code
Title 15.1. Elementary and Secondary Education
Chapter 15.1-19. Students and Safety
15.1-19-02.
15.1-19-09.
15.1-19-10.
15.1-19-11.
15.1-19-12.
15.1-19-13.
15.1-19-14.
15.1-19-15.
15.1-19-17.
15.1-19-18.
15.1-19-19.
15.1-19-20.
15.1-19-21.
15.1-19-24.
Corporal punishment -- Prohibition -- Consistent policies

Students -- Suspension and expulsion Rules
Possession of a weapon -- Policy -- Expulsion from school
School safety patrols -- Establishment -- Adoption of rules
School safety patrols -- Immunity from liability
Alcohol or controlled substance -- Use or possession by student -- Notification of
principalException
School law enforcement unit
Record retention
Bullying - Definition
Bullying -- Prohibition by policy
Professional development activities
Bullying prevention programs
Causes of action -- Immunity -- School districts
Youth suicide prevention - Training
Chapter 15.1-20. School Attendance

15.1-20-01.
15.1-20-02.
15.1-20-02.1.
15.1-20-03.
15.1-20-03.2.
Compulsory attendance - Exceptions
Attendance -- Determination Policies
Compulsory attendance law - Enforcement - Penalty
Truancy prevention and intervention programs Resources
Chapter 15.1-24. Chemical Abuse Prevention

15.1-24-01.
15.1-24-02.
15.1-24-03.
15.1-24-04.
15.1-24-05.
15.1-24-06.
Chemical abuse prevention program Rules

Staff
Chemical abuse preassessment team - Building level support team
Treatment or assistance records - Confidential
Law enforcement agencies -- Duty to inform team
Report of chemical abuse - Immunity from liability
Chapter 15.1-30. Transportation of Students

15.1-30-13.
Transportation of students -- Control and discipline
North Dakota Compilation of School Discipline Laws and Regulations
Page 1
Title 25. Mental and Physical Illness or Disability

Chapter 25.25-01.2 Developmental Disability
25-01.2-01.
25-01.2-09.
25-01.2-10.
Definitions
Punishment - Isolation - Physical restraints - Psychosurgery - Sterilization - Shock
treatment
Seclusion or physical restraint - Facility administrator to be notified
North Dakota Administrative Code

Page 2
General Provisions
STATUTES
15.1-19-02. Corporal punishment -- Prohibition -- Consistent policies
4.a. The board of each school district shall develop policies setting forth standards for student behavior,
procedures to be followed if the standards are not met, and guidelines detailing how all incidents are to
be investigated.
b. The board shall ensure that the policies, procedures, and guidelines applicable to all elementary
schools in the district are identical, that the policies, procedures, and guidelines applicable to all middle
schools in the district are identical, and that the policies, procedures, and guidelines applicable to all
high schools in the district are identical.
15.1-19-09. Students -- Suspension and expulsion Rules
1. The board of a school district shall adopt rules regarding the suspension and expulsion of a student.
The rules for expulsion must provide for a procedural due process hearing in the manner provided for in
subsection 2 of section 15.1-19-10, before the determination to expel a student is made. A student's
parent or representative must be allowed to participate in the expulsion hearing.
15.1-19-10. Possession of a weapon - Policy - Expulsion from school
1. The board of each school district shall adopt a policy governing the possession of weapons and
firearms on school property or at a school function and provide for the punishment of any student found to
be in violation of the policy.
15.1-19-18. Bullying - Prohibition by policy
1. Before July 1, 2012, each school district shall adopt a policy providing that while at a public school, on
school district premises, in a district owned or leased school bus or school vehicle, or at any public school
or school district sanctioned or sponsored activity or event, a student may not:
a. Engage in bullying; or
b. Engage in reprisal or retaliation against:
(1) A victim of bullying;
(2) An individual who witnesses an alleged act of bullying;
(3) An individual who reports an alleged act of bullying; or
(4) An individual who provides information about an alleged act of bullying.
2. The policy required by this section must:
a. Include a definition of bullying that at least encompasses the conduct described in section 15.1-1917;
b. Establish procedures for reporting and documenting alleged acts of bullying, reprisal, or retaliation,
and include procedures for anonymous reporting of such acts;
c. Establish procedures, including timelines, for school district personnel to follow in investigating
reports of alleged bullying, reprisal, or retaliation;
Page 3
d. Establish a schedule for the retention of any documents generated while investigating reports of
alleged bullying, reprisal, or retaliation;
e. Set forth the disciplinary measures applicable to an individual who engaged in bullying or who
engaged in reprisal or retaliation, as set forth in subsection 1;
f. Require the notification of law enforcement personnel if an investigation by school district personnel
results in a reasonable suspicion that a crime might have occurred;
g. Establish strategies to protect a victim of bullying, reprisal, or retaliation; and
h. Establish disciplinary measures to be imposed upon an individual who makes a false accusation,
report, or complaint pertaining to bullying, reprisal, or retaliation.
3. In developing the bullying policy required by this section, a school district shall involve parents, school
district employees, volunteers, students, school district administrators, law enforcement personnel,
domestic violence sexual assault organizations as defined by subsection 3 of section 14-07.1-01, and
community representatives.
4. Upon completion of the policy required by this section, a school district shall:
a. Ensure that the policy is explained to and discussed with its students;
b. File a copy of the policy with the superintendent of public instruction; and
c. Make the policy available in student and personnel handbooks.
5. Each school district shall review and revise its policy as it determines necessary and shall file a copy of
the revised policy with the superintendent of public instruction.
Scope
STATUTES
15.1-20-03.2. Truancy prevention and intervention programs Resources
The superintendent of public instruction shall disseminate to school districts and nonpublic schools
information regarding truancy prevention and intervention programs and research pertaining to best
practices in truancy prevention efforts.
Page 4


STATUTES
15.1-19-02. Corporal punishment -- Prohibition -- Consistent policies
1. A school district employee may not inflict, cause to be inflicted, or threaten to inflict corporal
punishment on a student.
2. This section does not prohibit a school district employee from using the degree of force necessary:
a. To quell a physical disturbance that threatens physical injury to an individual or damage to property;
b. To quell a verbal disturbance;
c. For self-defense;
d. For the preservation of order; or
e. To obtain possession of a weapon or other dangerous object within the control of a student.
3. For purposes of this section, corporal punishment means the willful infliction of physical pain on a
student; willfully causing the infliction of physical pain on a student; or willfully allowing the infliction of
physical pain on a student. Physical pain or discomfort caused by athletic competition or other
recreational activities voluntarily engaged in by a student is not corporal punishment. A school board may
not expand through policy the definition of corporal punishment beyond that provided by this subsection.
4.a. The board of each school district shall develop policies setting forth standards for student behavior,
procedures to be followed if the standards are not met, and guidelines detailing how all incidents are to
be investigated.
b. The board shall ensure that the policies, procedures, and guidelines applicable to all elementary
schools in the district are identical, that the policies, procedures, and guidelines applicable to all middle
schools in the district are identical, and that the policies, procedures, and guidelines applicable to all
high schools in the district are identical.


No relevant statues found.
Page 5

STATUTES
2. A student may be suspended for up to ten days for insubordination, habitual indolence, disorderly
conduct, or for violating a school district weapons policy.
3. A student enrolled in an alternative education program for which state per student payments are
available may be suspended for up to twenty days for insubordination, habitual indolence, disorderly
4. A student, including one enrolled in an alternative education program, may be expelled from school for
insubordination, habitual indolence, or disorderly conduct; provided the expulsion does not last beyond
the termination of the current school year. A student who violates the school district's weapons policy may
be expelled for up to twelve months.

STATUTES
15.1-19-10. Possession of a weapon -- Policy -- Expulsion from school
2. The policy must prohibit the possession of a weapon or a firearm by a student on school property and
at school functions and provide for the punishment of any student found to be in violation. Punishment
must include immediate suspension from school and expulsion. A student who possesses a firearm in
violation of this section must be expelled for at least one year. The school district firearms policy must
authorize the school district superintendent or the school principal, if the school district does not have a
superintendent, to modify an expulsion for firearms possession under this section on a case-by-case
basis in accordance with criteria established by the board. Before expelling a student, a school board or
its designated hearing officer, within ten days of the student's suspension, shall provide the student with a
hearing at which time the school board or its designated hearing officer shall take testimony and consider
evidence, including the existence of mitigating circumstances. If a designated hearing officer orders that a
student be expelled, the student may seek a review of the decision by the school board, based on the
record of the expulsion hearing.
3. If a school district expels a student under this section, the district may authorize the provision of
educational services to the student in an alternative setting.
4. Actions under this section may not conflict with state special education laws or with the Individuals With
Disabilities Education Act
5. This section does not apply to any student participating in a school-sponsored shooting sport, provided
the student informs the school principal of the student's participation and the student complies with all
requirements set by the principal regarding the safe handling and storage of the firearm.
Page 6
6. For purposes of this section:

a. "Firearm" has the meaning provided in Public Law No. 90-351 [82 Stat. 197; 18 U.S.C. 921].
b. "School property" includes all land within the perimeter of the school site and all school buildings,
structures, facilities, and school vehicles, whether owned or leased by a school district, and the site of
any school-sponsored event or activity.


STATUTES
1. The board of a school district shall adopt rules regarding the suspension and expulsion of a student.
The rules for expulsion must provide for a procedural due process hearing in the manner provided for in
subsection 2 of section 15.1-19-10, before the determination to expel a student is made. A student's
parent or representative must be allowed to participate in the expulsion hearing.
2. [] The school district firearms policy must authorize the school district superintendent or the school
principal, if the school district does not have a superintendent, to modify an expulsion for firearms
possession under this section on a case-by-case basis in accordance with criteria established by the
board. Before expelling a student, a school board or its designated hearing officer, within ten days of the
student's suspension, shall provide the student with a hearing at which time the school board or its
designated hearing officer shall take testimony and consider evidence, including the existence of
mitigating circumstances. If a designated hearing officer orders that a student be expelled, the student
may seek a review of the decision by the school board, based on the record of the expulsion hearing.

Page 7

STATUTES
25-01.2-01. Definitions
In this chapter, unless the context or subject matter otherwise requires:
1. "Developmental disability" means a severe, chronic disability of a person which:
a. Is attributable to a mental or physical impairment or combination of mental and physical impairments;
b. Is manifested before the person attains age twenty-two;
c. Is likely to continue indefinitely;
d. Results in substantial functional limitations in three or more of the following areas of major life activity:
(1) Self-care;
(2) Receptive and expressive language;
(3) Learning;
(4) Mobility;
(5) Self-direction;
(6) Capacity for independent living; and
(7) Economic sufficiency; and
e. Reflects the person's needs for a combination and sequence of special, interdisciplinary, or generic
care, treatment, or other services which are of lifelong or extended duration and are individually
planned and coordinated.
2. "Institution or facility" means any school, hospital, residence center, group home, or any other facility
operated by any public or private agency, organization, or institution, which provides services to
developmentally disabled persons.
3. "Least restrictive appropriate setting" means that setting which allows the developmentally disabled
person to develop and realize the person's fullest potential and enhances the person's ability to cope with
the person's environment without unnecessarily curtailing fundamental personal liberties.
4. "Service or services for developmentally disabled persons" means services provided by any public or
private agency, organization, or institution, directed toward the alleviation of a developmental disability or
toward the social, personal, physical, or economic habilitation or rehabilitation of a developmentally
disabled person.
25-01.2-09. Punishment - Isolation - Physical restraints - Psychosurgery Sterilization - Shock
treatment.
No person receiving services at any institution or facility for the developmentally disabled may at any
time:
1. Be subjected to any corporal punishment.
2. Be isolated or secluded, except in emergency situations when necessary for the control of violent,
disturbed, or depressed behavior which may immediately result, or has resulted, in harm to that person or
other persons.
3. Be physically restrained in any manner, except in emergency situations when necessary for the control
of violent, disturbed, or depressed behavior which may immediately result, or has resulted, in harm to that
person or to other persons.
Page 8
4. Be subjected to psychosurgery, sterilization, medical behavioral research, or pharmacological

research, except in conformity with an order of a court of competent jurisdiction. Under no circumstances
may a person receiving treatment be subjected to hazardous or intrusive experimental research which is
not directly related to the specific goals of that person's treatment program.
5. Be subjected to electroconvulsive therapy or shock treatment without that person's written and
informed consent. If the recipient of services is a minor, the recipient's parent or guardian may provide
informed consent for that treatment which the parent or guardian believes to be in the recipient's best
interests.
25-01.2-10. Seclusion or physical restraint - Facility administrator to be notified
Whenever a person is placed in seclusion or is physically restrained, the facility administrator or the
administrator's representative must be notified and shall determine if the isolation or restraint is
necessary. The isolation or restraint may be continued only upon written order of the administrator or the
administrator's representative and for a period of not more than twenty-four hours. Any person who is in
seclusion or who is physically restrained must be checked by an attendant at least once every thirty
minutes.
STATUTES
Page 9

Conditions
STATUTES
a. "Firearm" has the meaning provided in Public Law No. 90-351 [82 Stat. 197; 18 U.S.C. 921].
Other weapons
STATUTES
Page 10
a. "Firearm" has the meaning provided in Public Law No. 90-351

STATUTES
2. A student may be suspended for up to ten days for insubordination, habitual indolence, disorderly

STATUTES
15.1-20-01. Compulsory attendance
1. Any person having responsibility for a child between the ages of seven and sixteen years shall ensure
that the child is in attendance at a public school for the duration of each school year.
Page 11
2. If a person enrolls a child of age six in a public school, the person shall ensure that the child is in
attendance at the public school for the duration of each school year. The person may withdraw a child of
age six from the public school. However, once the child is withdrawn, the person may not reenroll the
child until the following school year. This subsection does not apply if the reason for the withdrawal is the
child's relocation to another school district.
3. This section does not apply if a child is exempted under the provisions of section 15.1-20-02.
15.1-20-02. Compulsory attendance Exceptions
1. The provisions of section 15.1-20-01 do not apply if the person having responsibility for the child
demonstrates to the satisfaction of the school board that:
a. The child is in attendance for the same length of time at an approved nonpublic school;
b. The child has completed high school;
c. The child is necessary to the support of the child's family;
d. A multidisciplinary team that includes the child's school district superintendent, the director of the
child's special education unit, the child's classroom teacher, the child's physician, and the child's parent
has determined that the child has a disability that renders attendance or participation in a regular or
special education program inexpedient or impracticable; or
e. The child is receiving home education.
15.1-20-02.1. Attendance -- Determination Policies
1. To be deemed in attendance for purposes of this chapter, a student may not be absent from school
without excuse for more than:
a. Three consecutive school days during either the first half or the second half of a school or school
district's calendar;
b. Six half days during either the first half or the second half of a school or school district's calendar; or
c. Twenty-one class periods.
2. The board of each school district and governing body of each nonpublic school shall adopt a policy
that:
a. Defines an excused absence as any absence from school, if that absence is supported by either a
verbal or written excuse supplied by the student's parent, teacher, or school administrator; and
b. Articulates the type of documentation that may be requested to verify a student's absence.
3. This chapter does not preclude a school district or nonpublic school from withholding credit, removing a
student from a course, or taking other punitive measures against a student who does not arrive in a timely
fashion or who exceeds a specific number of absences, as determined by the school district or nonpublic
school.
15.1-20-03. Compulsory attendance law - Enforcement - Penalty.
1. Each teacher and administrator is charged with the enforcement of compulsory attendance provisions.
The compulsory attendance provisions are applicable to any student who is offered school facilities by a
school district, regardless of whether or not the student actually resides in the district.
2. If a teacher determines that a student is not in attendance as required by this chapter and that the
student has not been excused in accordance with this chapter or in accordance with the school district's
or nonpublic school's policies, the teacher shall notify the administrator of the school.
3. Upon receiving notice of a student's absence under subsection 2, the administrator shall initiate an
investigation into the cause of the absence. If the administrator has reason to believe that the person
Page 12
having responsibility for the student has failed to ensure that the student is in attendance, the
administrator shall refer the matter to the local law enforcement agency.
4. Any person who fails to ensure that a student is in attendance as required by this chapter is guilty of an
infraction for a first offense and is guilty of a class B misdemeanor for a second or subsequent offense.
5. In a prosecution for an offense under this section, it is an affirmative defense if the person responsible
for ensuring that the student is in attendance has made substantial and reasonable efforts to comply with
the requirements of this section, but is unable to compel the student to attend school. If the court
determines that the affirmative defense is valid, the court shall dismiss the complaint against the person.
Substance use
STATUTES
15.1-19-13. Alcohol or controlled substance -- Use or possession by student -- Notification of
principal Exception
If a teacher knows or has reason to believe that a student is using, is in possession of, or is delivering
alcohol or a controlled substance while the student is on school property, involved in a school-related
activity, or in attendance at a school-sponsored event, the teacher shall notify the student's principal. The
notification requirement in this section does not apply to a teacher or administrator who participates in a
juvenile drug court program and receives confidential information regarding a student as a result of
participation in the program. This section does not prevent a teacher or any other school employee from
reporting to a law enforcement agency any violation of law occurring on school property, at a schoolrelated activity, or at a school-sponsored event.
15.1-24-01. Chemical abuse prevention program - Rules.
1. The superintendent of public instruction shall adopt rules regarding the implementation of chemical
abuse prevention programs in this state's schools. The rules may include:
a. Community involvement through a citizens' advisory committee.
b. An assessment of services and resources available locally.
c. An assessment of student and staff needs.
d. The coordination of activities with public and private entities.
e. The development of an implementation plan.
f. An evaluation mechanism.
g. The development of a budget to fund the program.
2. If funds are appropriated or otherwise become available, the superintendent shall call for and review
school district applications for development of a program. School districts may apply for funds
independently or jointly. The superintendent shall award the funds according to the merit of each
application.
3. The superintendent shall develop a plan for the coordination of services with other agencies, including
the department of human services, the state department of health, the department of transportation, and
law enforcement agencies.
Page 13
15.1-24-03. Chemical abuse preassessment team - Building level support team.

Any school may appoint a chemical abuse preassessment team consisting of a school counselor, a social
worker, and other appropriately trained individuals or a school may use a building support team to carry
out chemical abuse prevention services under this chapter. The team shall review and act upon law
enforcement reports of chemical abuse violations by students. Within fourteen days of receiving a report,
the team shall determine whether to provide to the student, or if the student is a minor to the student's
parent or guardian, information regarding chemical abuse and school and community services available
to assist individuals who engage in chemical abuse.

STATUTES
15.1-19-17. Bullying - Definition.
As used in sections 15.1-19-17 through 15.1-19-22:
1. "Bullying" means:
a. Conduct that occurs in a public school, on school district premises, in a district owned or leased
schoolbus or school vehicle, or at any public school or school district sanctioned or sponsored activity
or event and which:
(1) Is so severe, pervasive, or objectively offensive that it substantially interferes with the student's
educational opportunities;
(2) Places the student in actual and reasonable fear of harm;
(3) Places the student in actual and reasonable fear of damage to property of the student; or
(4) Substantially disrupts the orderly operation of the public school; or
b. Conduct that is received by a student while the student is in a public school, on school district
premises, in a district owned or leased schoolbus or school vehicle, or at any public school or school
district sanctioned or sponsored activity or event and which:
(1) Is so severe, pervasive, or objectively offensive that it substantially interferes with the student's
educational opportunities;
(2) Places the student in actual and reasonable fear of harm;
(3) Places the student in actual and reasonable fear of damage to property of the student; or
(4) Substantially disrupts the orderly operation of the public school.
2. "Conduct" includes the use of technology or other electronic media.
1. Before July 1, 2012, each school district shall adopt a policy providing that while at a public school, on
school district premises, in a district owned or leased school bus or school vehicle, or at any public school
or school district sanctioned or sponsored activity or event, a student may not:
a. Engage in bullying; or
b. Engage in reprisal or retaliation against:
(1) A victim of bullying;
(2) An individual who witnesses an alleged act of bullying;
(3) An individual who reports an alleged act of bullying; or
(4) An individual who provides information about an alleged act of bullying.
Page 14

15.1-19-20. Bullying prevention programs
Each school district shall provide bullying prevention programs to all students from kindergarten through
grade twelve.
15.1-19-21. Causes of action -- Immunity -- School districts
2. Any individual who promptly, reasonably, and in good faith reports an incident of bullying, reprisal, or
retaliation to the school district employee or official designated in the school district bullying policy is
immune from civil or criminal liability resulting from or relating to the report or to the individual's
participation in any administrative or judicial proceeding stemming from the report.
3. A school district and its employees are immune from any liability that might otherwise be incurred as a
result of a student having been the recipient of bullying, if the school district implemented a bullying
policy, as required by section 15.1-19-18 and substantially complied with that policy.

Page 15

Prevention
STATUTES
15.1-19-20. Bullying prevention programs
Each school district shall provide bullying prevention programs to all students from kindergarten through
grade twelve.
application.
15.1-24-02. Staff
The superintendent of public instruction may employ an individual as a chemical abuse project
coordinator. The coordinator shall:
1. Develop rules, in consultation with other private and public entities.
2. Disseminate rules developed under this chapter.
3. Provide communities, through their schools, with technical assistance in the planning and
implementation of a chemical abuse and prevention program.
4. Collect data for reporting and program evaluation purposes.
5. Facilitate coordination of this program with prevention and educational programs conducted by other
state agencies.
6. Provide the superintendent of public instruction with a written program evaluation.
Page 16
7. Serve as a resource specialist to schools regarding the development and implementation of chemical
abuse prevention programs.

STATUTES
STATUTES
15.1-19-19. Professional development activities
Each school district shall include, in professional development activities, information regarding the
prevention of bullying and shall provide information regarding the prevention of bullying to all volunteers
and nonlicensed personnel who have contact with students.
15.1-19-24. Youth suicide prevention Training
1. Once every two years, each school district shall provide to middle school and high school teachers and
administrators at least two hours of professional development relating to youth suicide risk indicators,
appropriate staff responses, and referral sources.
2. The superintendent of public instruction shall collaborate with the state department of health to obtain
and disseminate to school districts and nonpublic schools, free of charge, information and training
materials, including those available through the Jason foundation.
Page 17

STATUTES
15.1-19-13. Alcohol or controlled substance -- Use or possession by student -- Notification of
principal Exception
If a teacher knows or has reason to believe that a student is using, is in possession of, or is delivering
alcohol or a controlled substance while the student is on school property, involved in a school-related
activity, or in attendance at a school-sponsored event, the teacher shall notify the student's principal. The
notification requirement in this section does not apply to a teacher or administrator who participates in a
juvenile drug court program and receives confidential information regarding a student as a result of
participation in the program. This section does not prevent a teacher or any other school employee from
reporting to a law enforcement agency any violation of law occurring on school property, at a schoolrelated activity, or at a school-sponsored event.
Page 18

STATUTES
15.1-24-05. Law enforcement agencies -- Duty to inform team
1. A law enforcement agency shall notify a school principal in writing if the agency has probable cause to
believe that a student enrolled in the school has violated section 5-01-08, section 12.1-31-03, chapter 1903.1, chapter 19-03.2, chapter 19-03.4, section 39-08-01, or section 39-08-18. The law enforcement
agency shall provide the notice within two weeks of an incident.
3. Subsection 1 does not apply if, in the opinion of the law enforcement agency, providing the notice
would jeopardize the conclusion of a criminal investigation.
Page 19

STATUTES
15.1-19-14. School law enforcement unit
1. [] Records of a school law enforcement unit regarding a student at a school are confidential but may
be released to:
a. A juvenile court having the student before it in any proceeding;
b. Counsel for a party to the proceeding;
c. Officers of public entities to whom the student is committed;
d. Officers of a state or local law enforcement agency for use in the discharge of their official duties;
e. A superintendent or principal of another school in which the student wishes to enroll; and
f. The student's parent, legal guardian, or legal custodian.
2. Nothing in this section restricts the release of general information that does not identify the student.
15.1-19-15. Record retention
Records regarding a student obtained by a school under section 15.1-19-14, section 27-20-51, or section
27-20-52 must be destroyed when the student reaches the age of eighteen or no longer attends the
school, whichever occurs later.
15.1-24-04. Treatment or assistance records - Confidential.
Any record of a student's medical treatment, use of a chemical abuse assistance program, or other
individual record generated under this chapter, is confidential. It is not part of the student's educational
record and may not be released without the written consent of the student, or if the student is less than
age fourteen, without the written consent of the student's parent.
Data collection, review, and reporting of disciplinary policies and

actions
STATUTES
15.1-24-02. Staff
The superintendent of public instruction may employ an individual as a chemical abuse project
coordinator. The coordinator shall:
1. Develop rules, in consultation with other private and public entities.
2. Disseminate rules developed under this chapter.
3. Provide communities, through their schools, with technical assistance in the planning and
implementation of a chemical abuse and prevention program.
4. Collect data for reporting and program evaluation purposes.
5. Facilitate coordination of this program with prevention and educational programs conducted by other
state agencies.
6. Provide the superintendent of public instruction with a written program evaluation.
Page 20
7. Serve as a resource specialist to schools regarding the development and implementation of chemical
abuse prevention programs.
Page 21

STATUTES
15.1-19-14. School law enforcement unit
1. A school may create or designate a school law enforcement unit as defined in the Family Educational
Rights and Privacy Act [20 U.S.C. 1232(g)] and rules adopted under the Act.

Page 22

STATUTES
application.
Page 23
Other/Uncategorized
STATUTES
15.1-19-12. School safety patrols - Immunity from liability.
The superintendent of public instruction, schools, school boards and individual school board members,
governing boards and individual governing board members, administrators, principals, teachers, safety
patrol members whether students or adults, and parents of safety patrol student members are immune
from any liability that might otherwise be incurred as a result of an injury to a safety patrol member or as a
result of an injury caused by an act or omission on the part of a safety patrol member while on duty,
provided that the persons substantially complied with the rules to guide safety patrol members, as
adopted by the superintendent of public instruction.
15.1-19-21. Causes of action - Immunity - School districts.
3. A school district and its employees are immune from any liability that might otherwise be incurred as a
result of a student having been the recipient of bullying, if the school district implemented a bullying
policy, as required by section 15.1-19-18 and substantially complied with that policy.
15.1-24-06. Report of chemical abuse - Immunity from liability
Any individual, other than the alleged violator, who in good faith reports or furnishes information regarding
another's alleged chemical abuse to the chemical abuse preassessment team or the support team
referenced in section 15.1-24-03, is immune from any liability, civil or criminal, that might otherwise result
from the report. For the purpose of any proceeding, the good faith of a person reporting or furnishing
information is presumed.

STATUTES
Page 24

application.
Other/uncategorized
Page 25

School Discipline
resources provided by North Dakota provide additional context to state policy and regulations and, in
Title
Description
Website
No relevant
resources found
Documents
No relevant
resources found
Other Resources
No relevant
resources found
Page 26
Ohio
Discipline Laws and
Regulations
Introduction
document.
Notes & Disclaimers

Prepared by:
Child Trends
Suite 1200W
Suite 110
Table of Contents
Ohio State Codes Cited .............................................................................................................................. 1
Scope ........................................................................................................................................................ 4
Firearms (as required by the Guns-F

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Notes & Disclaimers

List of states in order of appearance in this volume

29. New Hampshire

30. New Jersey

31. New Mexico

32. New York

33. North Carolina

34. North Dakota

39. Puerto Rico *

40. Rhode Island

41. South Carolina

42. South Dakota

49. Washington, D.C.

50. West Virginia

Notes & Disclaimers

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Alabama State Codes Cited

Selling, etc., alcoholic beverages to school children; keeping on school premises

Chapter 6B. Education Accountability Plan

Chapter 10. Boards of School Trustees

Chapter 28. School Attendance

Adoption of standards for mandatory attendance policy; parents held accountable;

Chapter 28A. School Discipline

Alabama Compilation of School Discipline Laws and Regulations

Exemption of teachers and other employees from application of Title 26

Chapter 28B. Student Harassment Prevention Act

Legislative findings; purpose of chapter

Chapter 41. Drug Abuse Education

Title 41. State Government

Allocation of trust fund revenues

Alabama Administrative Code

Alabama Compilation of School Discipline Laws and Regulations

Alabama Compilation of School Discipline Laws and Regulations

Alabama Compilation of School Discipline Laws and Regulations

Alabama Compilation of School Discipline Laws and Regulations

Alabama Compilation of School Discipline Laws and Regulations

Alabama Compilation of School Discipline Laws and Regulations

16-28B-8 Implementation of standards and policies.

Alabama Compilation of School Discipline Laws and Regulations

Teacher authority to remove students from classrooms

Alabama Compilation of School Discipline Laws and Regulations

Alabama Compilation of School Discipline Laws and Regulations

Alabama Compilation of School Discipline Laws and Regulations

Use of corporal punishment

Use of student and locker searches

Other in-school disciplinary approaches

Alabama Compilation of School Discipline Laws and Regulations

Alabama Compilation of School Discipline Laws and Regulations

Alabama Compilation of School Discipline Laws and Regulations

Alabama Compilation of School Discipline Laws and Regulations

Out-of-School and Exclusionary Discipline: Suspensions, Expulsion,

Alabama Compilation of School Discipline Laws and Regulations

16-40A-3. Minimum contents to be included in drug education program or curriculum.

Grounds for mandatory suspension or expulsion

Alabama Compilation of School Discipline Laws and Regulations

Limitations, conditions, or exclusions for use of suspension and expulsion