03/07/1995 03:10 PM House HES

 HHES - 03/07/95                                                               
 HB 215 - GROUNDS FOR SUSPENSION OF STUDENTS                                 
                                                                               
 Number 1933                                                                   
                                                                               
 CO-CHAIR BUNDE said this bill is sponsored by the HESS Committee.             
 He said the bill was a housekeeping measure.  Currently, statutory            
 language says a student can be suspended for being involved in                
 threatening behavior toward other students that affect the welfare,           
 safety and morals of other students.  However, a loophole says that           
 other pupils have to be present to witness this behavior before the           
 child can be suspended.   This bill will stipulate that if this               
 behavior that is hostile to the welfare, safety or morals of other            
 pupils occurs in the classroom where there is a teacher,                      
 administrator or other school staff, there is cause for suspension.           
                                                                               
 CO-CHAIR BUNDE said a really bizarre example of the consequences of           
 this loophole could be if a student threatened a principal with a             
 baseball bat and other students were not present, the student could           
 not be suspended.                                                             
                                                                               
 Number 1995                                                                   
                                                                               
 REPRESENTATIVE ROBINSON asked if a situation has occurred that                
 prompted HB 215.                                                              
                                                                               
 CO-CHAIR BUNDE said the bill came to him by request.  The request             
 noted that there is a loophole in which a student can exhibit                 
 threatening behavior and not be subject to the law if there are not           
 students present.  Co-Chair Bunde then asked for public testimony             
 on the bill.                                                                  
                                                                               
 MS. DOUGLAS presented a very short position paper to the HESS                 
 Committee members.  Earlier this year, there was a report of a                
 student that had been in a situation with the principal and had               
 threatened the principal with a weapon.  Because no other students            
 were present, the school district was not able to suspend the                 
 child.  This has happened in a few other situations.  This is a               
 glitch in the suspension law, and this is why HB 215 has been                 
 introduced.                                                                   
                                                                               
 Number 2042                                                                   
                                                                               
 CO-CHAIR BUNDE added that he personally knows of teacher's aides              
 who have been harassed and abused.  He feels these individuals                
 should fall under the purview of the law as well.                             
                                                                               
 REPRESENTATIVE DAVIS said the situation appears to simply be a                
 glitch.  As society evolves, he feels that many bills will be the             
 resolution of glitches in statutes.  He requested that the HESS               
 Committee members move HB 215 from committee with individual                  
 recommendations.  There were no objections, and the bill was                  
 passed.