00                            HOUSE BILL NO. 302                                                                          
01 "An Act relating to school discipline."                                                                                 
02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
03    * Section 1. AS 14.30.045 is amended by adding a new subsection to read:                                           
04            (b)  A school administrator may not suspend or expel a school age child from a                               
05       public school that the child is otherwise entitled to attend for wilful disobedience or                           
06       defiance unless the child's behavior creates a substantial risk of danger to the child or                         
07       another person. Nothing in this section prevents a school administrator from                                      
08       suspending or expelling a child under AS 14.03.160 for possessing weapons or from                                 
09       suspending or expelling a child for engaging in a physical fight or for possessing drugs                          
10       or alcohol on school grounds. In this subsection, "wilful disobedience or defiance"                               
11       includes talking back to a school employee, cursing, eye rolling, arriving late to class,                         
12       and other similar behavior.                                                                                       
13    * Sec. 2. AS 14.33.120(a) is amended to read:                                                                      
14            (a)  Each governing body shall adopt a written school disciplinary and safety                                
15       program. The program required under this subsection must be made available to                                     

01       students, parents, legal guardians, and the public and include written                                            
02                 (1)  standards for student behavior and safety that reflect community                                   
03       standards and that include, at a minimum, basic requirements for respect and honesty;                             
04       standards required under this paragraph must be developed and periodically reviewed                               
05       with the collaboration of members of each school, parents, legal guardians, teachers,                             
06       and other persons responsible for the students at a school; a governing body may                                  
07       require that standards developed under this paragraph be consistent for all schools in                            
08       an attendance area or the district;                                                                               
09                 (2)  standards relating to when a teacher is authorized to remove a                                     
10       student from the classroom for                                                                                    
11                      (A)  failure to follow student behavior and safety standards;                                      
12            [OR]                                                                                                         
13                      (B)  behavior described under AS 14.30.045(2); or                                              
14                      (C) wilful disobedience or defiance of reasonable school                                       
15            authority; in this subparagraph, "wilful disobedience or defiance" has the                               
16            meaning given in AS 14.30.045(b) [AS 14.30.045(1) OR (2)];                                               
17                 (3)  procedures for notifying teachers of dangerous students consistent                                 
18       with AS 47.12.310(b);                                                                                             
19                 (4)  standards relating to when a teacher, teacher's assistant, or other                                
20       person responsible for students is authorized to use reasonable and appropriate force to                          
21       maintain classroom safety and discipline as described under AS 11.81.430(a)(2);                                   
22                 (5)  policies necessary to comply with provisions of state and federal                                  
23       law, including 20 U.S.C. 1400 - 1482 (Individuals with Disabilities Education Act);                               
24                 (6)  standards to address needs of students for whom mental health or                                   
25       substance abuse may be a contributing factor to noncompliance with the school                                     
26       disciplinary and safety program;                                                                                  
27                 (7)  policies for implementing a student conflict resolution strategy,                                  
28       including the nonviolent resolution or mediation of conflicts and procedures for                                  
29       reporting and resolving conflicts;                                                                                
30                 (8)  procedures for periodic review and revision of the school                                          
31       disciplinary and safety program;                                                                                  

01                 (9)  policies and procedures consistent with standards for use of                                       
02       restraint and seclusion of students as described in AS 14.33.125.                                                 
03    * Sec. 3. AS 14.30.045(1) is repealed.