CSHB 253(HES): "An Act relating to a school disciplinary and safety program; and providing for an effective date."
00CS FOR HOUSE BILL NO. 253(HES) 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 school 09 shall adopt a written school disciplinary and safety program that is developed with the 10 collaboration of members of the community, parents, teachers, and other persons 11 responsible for the students at that school. A disciplinary and safety program adopted 12 by a school must include the following: 13 (1) standards for student behavior and safety that reflect community 14 standards and, at a minimum, basic requirements for respect and honesty; 15 (2) policies and procedures for developing and maintaining student 16 behavior and safety standards as a collaborative community effort; 17 (3) policies and procedures for authorizing a teacher to remove a 18 student from the classroom for failure to follow the school behavior and safety 19 standards; 20 (4) policies and procedures for authorizing a teacher to remove a 21 student for behavior described under AS 14.30.045(1) or (2); 22 (5) procedures to notify teachers of dangerous students consistent with 23 AS 47.12.310(b); 24 (6) policies authorizing a teacher, teacher's assistant, or other person 25 responsible for students to use reasonable and appropriate force to maintain classroom 26 safety and discipline as described under AS 11.81.430(a)(2). 27 (b) A school district shall report information relating to school district 28 disciplinary and safety programs as required by the department, including incidents of 29 disruptive or violent behavior. A school disciplinary and safety program adopted by 30 a school is not effective until approved by the governing body of the school district. 31 Sec. 14.33.130. Enforcement of approved program; additional safety
01 obligations. (a) A teacher, a teacher's assistant, a principal, or another person 02 responsible for students may not be terminated or otherwise punished for enforcement 03 of an approved school disciplinary and safety program, including behavior standards, 04 adopted under AS 14.33.120. 05 (b) A teacher, a teacher's assistant, a principal, or another person responsible 06 for students who 07 (1) receives information about a student under AS 47.12.310(b) or 08 receives information that may affect the safety of students or staff shall notify the 09 student's teacher or a school administrator; and 10 (2) observes a student committing a crime shall report the crime to the 11 local law enforcement agency; in this paragraph, "crime" has the meaning given in 12 AS 11.81.900. 13 (c) If a member of the governing body of a school district knowingly allows 14 a teacher, a teacher's assistant, a principal, or another person responsible for students 15 to be terminated or punished in violation of (a) of this section, the member is guilty 16 of a class A misdemeanor. 17 Sec. 14.33.140. Civil liability for enforcing disciplinary and safety 18 program. A teacher, a teacher's assistant, a principal, or another person responsible 19 for students is not liable for civil damage resulting from an act or omission arising out 20 of enforcement of an approved school disciplinary and safety program adopted under 21 AS 14.33.120 unless the act or omission constitutes gross negligence or reckless or 22 intentional misconduct. 23 * Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section 24 to read: 25 TRANSITION. A school shall adopt the initial school disciplinary and safety program 26 required by AS 14.33.120, enacted in sec. 2 of this Act, by January 1, 2001. 27 * Sec. 4. This Act takes effect July 1, 2000.