CSHB 253(JUD): "An Act relating to a school disciplinary and safety program; and providing for an effective date."
00CS FOR HOUSE BILL NO. 253(JUD) 01 "An Act relating to a school disciplinary and safety program; and providing for 02 an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 14.07.020(a) is amended by adding a new paragraph to read: 05 (16) require the reporting of information relating to school disciplinary 06 and safety programs under AS 14.33.120 and of incidents of disruptive or violent 07 behavior. 08 * Sec. 2. AS 14.33 is amended by adding new sections to read: 09 Article 3. Required School Disciplinary and Safety Program. 10 Sec. 14.33.110. Purpose of school disciplinary and safety program. The 11 purpose of AS 14.33.110 - 14.33.140 is to 12 (1) implement and maintain community-based standards of school 13 behavior that are understood, accepted, and upheld by students, parents, teachers, 14 school administrators, and the community;
01 (2) facilitate the creation of a standard of school behavior and safety 02 by local communities for the schools in those communities; 03 (3) protect and support teachers who enforce standards of student 04 behavior and safety in the classroom established under AS 14.33.120; and 05 (4) ensure that all schools and school districts receiving state funds, that 06 may not have already done so, implement and maintain an effective school disciplinary 07 and safety program. 08 Sec. 14.33.120. School disciplinary and safety program. (a) Each 09 governing body shall adopt a written school disciplinary and safety program. The 10 program required under this subsection must include written 11 (1) standards for student behavior and safety that reflect community 12 standards and that include, at a minimum, basic requirements for respect and honesty; 13 standards required under this paragraph must be developed and periodically revised by 14 each school in the district with the collaboration of members of the community, 15 parents, teachers, and other persons responsible for the students at that school; 16 (2) standards relating to when a teacher is authorized to remove a 17 student from the classroom for 18 (A) failure to follow student behavior and safety standards; or 19 (B) behavior described under AS 14.30.045(1) or (2); 20 (3) procedures for notifying teachers of dangerous students consistent 21 with AS 47.12.310(b); 22 (4) standards relating to when a teacher, teacher's assistant, or other 23 person responsible for students is authorized to use reasonable and appropriate force 24 to maintain classroom safety and discipline as described under AS 11.81.430(a)(2); 25 (5) policies necessary to comply with provisions of state and federal 26 law, including 20 U.S.C. 1400 - 1485 (Individuals with Disabilities Education Act); 27 (6) standards to address needs of students for whom mental health or 28 substance abuse may be a contributing factor to noncompliance with the school 29 disciplinary and safety program; 30 (7) procedures for periodic review and revision of the school 31 disciplinary and safety program.
01 (b) A school district shall report information relating to school district 02 disciplinary and safety programs as required by the department, including incidents of 03 disruptive or violent behavior. 04 Sec. 14.33.130. Enforcement of approved program; additional safety 05 obligations. (a) A teacher, a teacher's assistant, a principal, or another person 06 responsible for students may not be terminated or otherwise punished for lawful 07 enforcement of an approved school disciplinary and safety program, including behavior 08 standards, adopted under AS 14.33.120. 09 (b) A teacher, a teacher's assistant, a principal, or another person responsible 10 for students who 11 (1) receives information about a student under AS 47.12.310(b) or 12 receives information that may affect the safety of students or staff shall notify the 13 student's teacher or a school administrator; and 14 (2) observes a student committing a crime shall report the crime to the 15 local law enforcement agency; in this paragraph, "crime" has the meaning given in 16 AS 11.81.900. 17 (c) If a member of the governing body of a school district knowingly allows 18 a teacher, a teacher's assistant, a principal, or another person responsible for students 19 to be terminated or punished in violation of (a) of this section, the member is guilty 20 of a violation. In this subsection, "violation" has the meaning given in 21 AS 11.81.900(b). 22 Sec. 14.33.140. Civil liability for enforcing disciplinary and safety 23 program. A teacher, a teacher's assistant, a principal, or another person responsible 24 for students is not liable for civil damage resulting from an act or omission arising out 25 of enforcement of an approved school disciplinary and safety program adopted under 26 AS 14.33.120 unless the act or omission constitutes gross negligence or reckless or 27 intentional misconduct. 28 * Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section 29 to read: 30 TRANSITION. A school shall adopt the initial school disciplinary and safety program 31 required by AS 14.33.120, enacted in sec. 2 of this Act, by January 1, 2001.