CCS HB 253: "An Act relating to a school disciplinary and safety program; and providing for an effective date."
00CONFERENCE CS FOR HOUSE BILL NO. 253 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 developed by students, parents, teachers, school administrators, and 14 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 reviewed 14 with the collaboration of members of each school, parents, teachers, and other persons 15 responsible for the students at a school; a governing body may require that standards 16 developed under this paragraph be consistent for all schools in an attendance area or 17 the district; 18 (2) standards relating to when a teacher is authorized to remove a 19 student from the classroom for 20 (A) failure to follow student behavior and safety standards; or 21 (B) behavior described under AS 14.30.045(1) or (2); 22 (3) procedures for notifying teachers of dangerous students consistent 23 with AS 47.12.310(b); 24 (4) standards relating to when a teacher, teacher's assistant, or other 25 person responsible for students is authorized to use reasonable and appropriate force 26 to maintain classroom safety and discipline as described under AS 11.81.430(a)(2); 27 (5) policies necessary to comply with provisions of state and federal 28 law, including 20 U.S.C. 1400 - 1485 (Individuals with Disabilities Education Act); 29 (6) standards to address needs of students for whom mental health or 30 substance abuse may be a contributing factor to noncompliance with the school 31 disciplinary and safety program;
01 (7) procedures for periodic review and revision of the school 02 disciplinary and safety program. 03 (b) A school district shall report information relating to school district 04 disciplinary and safety programs as required by the department, including incidents of 05 disruptive or violent behavior. 06 Sec. 14.33.130. Enforcement of approved program; additional safety 07 obligations. (a) A teacher, a teacher's assistant, a principal, or another person 08 responsible for students may not be terminated or otherwise subjected to formal 09 disciplinary action for lawful enforcement of an approved school disciplinary and 10 safety program, including behavior standards, adopted under AS 14.33.120. 11 (b) A teacher, a teacher's assistant, a principal, or another person responsible 12 for students who 13 (1) receives information about a student under AS 47.12.310(b) or 14 receives information that may affect the safety of students or staff shall notify the 15 student's teacher or a school administrator; and 16 (2) in the course of employment, observes a student committing a crime 17 shall report the crime to the local law enforcement agency; in this paragraph, "crime" 18 has the meaning given in AS 11.81.900. 19 Sec. 14.33.140. Civil liability for enforcing disciplinary and safety 20 program. A teacher, a teacher's assistant, a principal, or another person responsible 21 for students is not liable for civil damage resulting from an act or omission (1) arising 22 out of enforcement of an approved school disciplinary and safety program adopted 23 under AS 14.33.120; and (2) arising out of and in the course of employment unless the 24 act or omission constitutes gross negligence or reckless or intentional misconduct. 25 * Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section 26 to read: 27 TRANSITION. A governing body shall adopt the initial school disciplinary and safety 28 program required by AS 14.33.120, enacted in sec. 2 of this Act, by January 1, 2001. 29 * Sec. 4. This Act takes effect July 1, 2000.