| State |
Status/Date |
Level |
Summary |
|
CA | Signed into law 09/2012 | P-12 | From bill summary: Requires each local education agency (LEA)'s educational liaison for foster children, if so designated by the LEA superintendent, to notify the attorney and the appropriate representative of the county child welfare agency for a foster child who may be suspended or expelled of (1) pending expulsion proceedings if the decision to recommend expulsion is a discretionary act, (2) pending proceedings to extend a suspension until an expulsion decision is rendered if the decision to recommend expulsion is a discretionary act, and, (3) if the foster child is an individual with exceptional needs, pending manifestation determinations. Authorizes the foster child's caregiver or other person holding the right to make educational decisions for the child to provide the contact information of the child's attorney to the child's school district when the child has been placed outside of the county of jurisdiction for the child.
Requires a superintendent or his/her designee, before determining whether a suspended foster child's presence at the school or in an alternative school placement would cause a danger to persons or property or a threat of disrupting the instructional process, to invite the pupil's attorney and the appropriate representative of the county child welfare agency to a meeting with the pupil's parent or guardian (a meeting required of all students before granting an extension of a student's suspension).
If an LEA has proposed a foster child with exceptional needs's change of placement due to an act for which a decision to recommend expulsion is at the principal or superintendent's discretion, requires the child's attorney and the appropriate representative of the county child welfare agency to be invited to participate in the individualized education program team meeting that makes a manifestation determination. Authorizes that invitation to be made using the most cost-effective method possible.
Requires a district governing board, if a decision to recommend expulsion of a foster child is a discretionary act, to provide notice of the hearing prior to the expulsion to the pupil's attorney and an appropriate representative of the county child welfare agency at least 10 calendar days before the date of the hearing. Authorizes a district governing board, if a recommendation of expulsion of a foster child is required, to provide the notice of the hearing to the pupil's attorney and an appropriate representative of the county child welfare agency at least 10 calendar days before the date of the hearing. Authorizes these notices to be made using the most cost-effective method possible.
Existing law requires a juvenile court to hold a detention hearing to determine whether a minor should be further detained when a minor has been taken into custody pursuant to specified provisions. This bill, at least once every year and if the list of educational liaisons is available on the state department of education website, (A) requires counsel appointed for a child who has been taken into custody and who is not represented by counsel, to provide his/her contact information to the educational liaison of each LEA serving counsel's foster child clients in the county of jurisdiction, and (B) if counsel is part of a firm or organization, authorizes the firm or organization to provide its contact information in lieu of contact information for the individual counsel. Authorizes the child's caregiver or other person holding the right to make educational decisions for the child to provide the contact information of the child's attorney to the child's LEA.
Authorizes a foster child's health and education records summary (which is required to be included in every foster child's case plan) to include the name and contact information for the educational liaison at the child's LEA.
Incorporates additional changes in Section 48853.5 of the Education Code, proposed by SB 1568 (http://www.leginfo.ca.gov/pub/11-12/bill/sen/sb_1551-1600/sb_1568_bill_20120926_chaptered.pdf_, to be operative only if SB 1568 and this bill are both chaptered and become effective January 1, 2013, and this bill is chaptered last. Also incorporates changes in Sections 317 and 16010 of the Welfare and Institutions Code, proposed by AB 1712 (http://www.leginfo.ca.gov/pub/11-12/bill/asm/ab_1701-1750/ab_1712_bill_20120911_enrolled.pdf), to be operative only if AB 1712 and this bill are both chaptered and become effective January 1, 2013, and this bill is chaptered last. http://www.leginfo.ca.gov/pub/11-12/bill/asm/ab_1901-1950/ab_1909_bill_20120930_chaptered.pdf
Title: A.B. 1909
Source: www.leginfo.ca.gov
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CA | Vetoed 09/2012 | P-12 | From bill summary: Existing law states that a school should consider implementing a supervised suspension program or an alternative to the school's off-campus suspension program that involves a progressive discipline approach using specified activities if during the prior school year the number of pupils suspended from school exceeded 30% of the school's enrollment.
New provisions encourage a district, commencing with the 2014–15 school year, to implement, for a minimum of 3 years, at a school where in the prior school year the number of pupils receiving off-campus suspensions exceeded 25% of its total enrollment, or exceeded 25% of a numerically significant pupil subgroup of that enrollment, either:
(1) an evidence-based system of schoolwide positive behavioral interventions and supports that employs school-level information about the behavioral and academic history of pupils to define and implement systems of support and interventions at the school, classroom, and individual levels that is aimed at improving the social, emotional, and academic success for all pupils, or
(2) other schoolwide strategies that are evidence-based and designed to address school climate in order to create learning environments where teachers can teach and pupils can learn and to reduce suspensions from classrooms and the school. Requires the superintendent of public instruction to invite a school that meets or exceeds this threshold percentage of suspensions to attend a regional forum organized by the superintendent of public instruction to provide assistance and training regarding the strategies described above, among other things. Commencing with the 2015–16 school year, decreases the percentage of enrollment or numerically significant pupil subgroup of enrollment that triggers an invitation to attend a regional forum each school year until that percentage is 15% for the 2018–19 school year, in accordance with a prescribed schedule.
Requires the superintendent of public instruction annually from the 2014–15 to the 2018–19 school year to notify each local educational agency that contains at least one school that exceeds the specified thresholds and provide technical assistance as requested; to invite the schools that meet or exceed the specified thresholds applicable to suspensions to send a school leadership team to a regional forum, with a goal of serving no fewer than 100 schools per school year; prioritize invitations to schools with the highest rates of off-campus suspensions; and to provide the state board with the names of the schools invited to attend a regional forum and the annual rate of reduction or increase in each school's off-campus suspensions. Provides these requirements are contingent upon the availability of funds. Authorizes the department of education to provide districts with information regarding schoolwide evidence-based strategies that could be implemented.
Bill text: http://www.leginfo.ca.gov/pub/11-12/bill/sen/sb_1201-1250/sb_1235_bill_20120905_enrolled.pdf
Governor's veto message: http://gov.ca.gov/docs/SB_1235_Veto_Message.pdf
Title: S.B. 1235
Source: www.leginfo.ca.gov
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CA | Signed into law 09/2012 | Community College | From bill summary: Authorizes the governing board of a community college district to either deny enrollment, permit enrollment, or permit conditional enrollment to any individual who has been expelled from a
community college within the preceding 5 years, or who is, at the time of the application, undergoing expulsion procedures for certain offenses, if the board determines that the person continues to pose a risk to the safety of others. Requires the board or a delegate to hold a hearing, before taking action to deny enrollment or permit conditional enrollment, to determine whether the person continues to pose a risk. Authorizes a governing board of a community college district to delegate its authority under these provisions to the superintendent or president of the community college district, or to his/her designee.
Authorizes the community college district to request information, and respond to a request for information, from another community college district to determine whether an applicant continues to pose a danger to the physical safety of others. Authorizes a community college district to require these applicants to inform the district of his/her prior expulsion, and to consider failure to do so in determining whether to grant
admission. Expressly applies specified immunities to an exercise of discretion by a community college district, and its officers and employees, under these provisions. Does not apply these provisions to the admission of students for whom a community college district has discretion to admit pursuant to specified law. http://www.leginfo.ca.gov/pub/11-12/bill/asm/ab_2151-2200/ab_2171_bill_20120921_chaptered.pdf
Title: A.B. 2171
Source: www.leginfo.ca.gov
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CA | Signed into law 09/2012 | P-12 | From bill summary: Authorizes a superintendent or principal to use alternatives to suspension or expulsion that are age appropriate and designed to address and correct the pupil's specific misbehavior. Authorizes a district to document the other means of correction used before a student is suspended (existing law requires the imposition of suspension only when other means of correction fail to bring about proper conduct) and places that documentation in the pupil's record. Specifies that other means of correction include, but are not limited to, among other things, a positive behavior support approach with tiered interventions that
occur during the school day on campus, a conference between school personnel, the pupil's parent or guardian, and the pupil, participation in a restorative justice program, and after-school programs that address specific behavioral issues or expose pupils to positive activities and behaviors.
Incorporates additional changes to Section 48900 of the Education Code proposed by AB 2242 (http://www.leginfo.ca.gov/pub/11-12/bill/asm/ab_2201-2250/ab_2242_bill_20120911_enrolled.pdf) that would become
operative if this bill and AB 2242 are enacted, and this bill is enacted last. Also incorporates changes to that section proposed by AB 1732 (http://www.leginfo.ca.gov/pub/11-12/bill/asm/ab_1701-1750/ab_1732_bill_20120723_chaptered.pdf), relating to bullying of pupils, which has been chaptered. http://www.leginfo.ca.gov/pub/11-12/bill/asm/ab_1701-1750/ab_1729_bill_20120921_chaptered.pdf
Title: A.B. 1729
Source: www.leginfo.ca.gov
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CA | Vetoed 09/2012 | P-12 | From bill summary: Provides that, if the district superintendent or principal determines that a pupil has disrupted school activities or otherwise willfully defied the valid authority of supervisors, teachers, administrators, school officials, or other school personnel engaged in the performance of their duties, the pupil may be subject to other means of correction, community service during nonschool hours,
or in-school suspension in a supervised suspension classroom, but not to an extended suspension, recommendation for expulsion, or expulsion.
Moves the language relating to a pupil enrolled in grades 4-12 intentionally engaging in harassment, threats, or intimidation, directed against district personnel or pupils, to another code section in place of the language relating to a pupil disrupting school activities or otherwise willfully defying valid authority.
Incorporates additional changes to Section 48900 of the Education Code proposed by AB 1729 (http://www.leginfo.ca.gov/pub/11-12/bill/asm/ab_1701-1750/ab_1729_bill_20120921_chaptered.pdf) that would become
operative if this bill and AB 1729 are enacted, and this bill is enacted last. Also incorporates changes to that section proposed by AB 1732 (http://www.leginfo.ca.gov/pub/11-12/bill/asm/ab_1701-1750/ab_1732_bill_20120723_chaptered.pdf), which has been chaptered.
Bill text: http://www.leginfo.ca.gov/pub/11-12/bill/asm/ab_2201-2250/ab_2242_bill_20120911_enrolled.pdf
Governor's veto message: http://gov.ca.gov/docs/AB_2242_Veto_Message.pdf
Title: A.B. 2242
Source: www.leginfo.ca.gov
| |
CA | Signed into law 09/2012 | P-12 | From bill summary: Deletes provision that made it an infraction for a principal or superintendent to willfully not notify appropriate city or county law enforcement agencies of certain unlawful acts committed by a pupil that may result in the pupil's suspension, expulsion, or criminal liability. Requires the principal or local superintendent to make a recommendation that a pupil be expelled for certain acts unless he/she determines that expulsion should not be recommended under the circumstances or that an alternative means of correction would address the conduct (previously administrator could only avoid expelling student due to particular circumstances of infraction). Encourages the principal or local superintendent to make that determination as quickly as possible to ensure that the pupil does not lose instructional time. Includes the act of possessing an over-the-counter medication or medication prescribed for the pupil by a physician as an additional exception to the act of possessing a controlled substance for purposes of the expulsion provisions described above.
Specifies that the act of possessing an imitation firearm is not an offense for which suspension or expulsion is mandatory, but is an offense for which suspension or expulsion may be imposed. Declares legislative intent that the acts enumerated in specified provisions form the exclusive bases for the imposition of suspension or expulsion. http://www.leginfo.ca.gov/pub/11-12/bill/asm/ab_2501-2550/ab_2537_bill_20120921_chaptered.pdf
Title: A.B. 2537
Source: www.leginfo.ca.gov
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LA | Adopted 09/2012 | P-12 | From Louisiana Register: Currently, the Recovery School District (RSD) Student Hearing Office conducts all student expulsion hearings for RSD New Orleans direct-run schools, and on an as-requested basis, conducts expulsion hearings for RSD charter schools and Orleans Parish schools. Beginning in the 2012-2013 school year, the RSD Student Hearing Office will conduct student expulsion hearings for all RSD schools in New Orleans, including RSD Type 5 charter schools. The RSD Student Hearing Office will work in consultation with the RSD's Special Education Services Office to ensure that students with special needs are being served appropriately.
Use of a single hearing office will serve to ease administrative burdens on charter schools, increase student expulsion data reliability and availability, and ensure that proper due process procedures are applied uniformly for all students in RSD schools. Page 61 of 153: http://www.doa.louisiana.gov/osr/reg/1209/1209.pdf
Title: LAC 28:CXLV.703
Source: www.doa.louisiana.gov
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MA | Signed into law 08/2012 | P-12 | Requires districts to continue to provide educational services to students who have been suspended or expelled. Requires principals to ensure that students who are suspended from school for 10 or fewer consecutive days, whether in or out of school, shall have an opportunity to make academic progress during the period of their suspension, to make up assignments and earn credits missed. A principal must develop a school-wide education service plan for all students who are expelled or suspended from school for more than 10 consecutive school days, whether in or out of school. Provides that instructional costs associated with providing alternative educational services for suspended or expelled students are eligible for reimbursement.
Requires districts to report to the state department of education the specific reasons for all suspensions and expulsions. The department is required to annually make available to the public district-level de-identified data and analysis.
Requires the commissioner to investigate any school that expels a significant number of students for more than ten days cumulatively in a school year.
Requires school administrators to notify a student's parent or guardian of the charges and the reason for the suspension or expulsion in English and in the primary language of the home.The student will also receive written notification, and have the opportunity to meet with school leadership to discuss the infraction. If a student has been suspended or expelled for more than 10 school days for a single infraction or for more than 10 school days cumulatively for multiple infractions, the parent or guardian will receive written notice of the right to appeal and the process for appealing. The superintendent or his or her designee shall hold a hearing with the student and his or her parent or guardian within 3 school days of the student's request for an appeal. At the hearing, the student shall have the right to present oral and written testimony, cross-examine witnesses, and shall have the right to counsel.
School administrators must notify the superintendent of any out-of-school suspension imposed on a student enrolled in kindergarten through grade 3 prior to such suspension taking effect.
Provides that no student may be suspended or expelled from a school or district for a time period that exceeds 90 school days.
Requires the school committee for each city, town or district to establish a pupil absence notification program in each of its schools that notifies a parent or guardian of his child's absence if the school has not received notification. A parent or guardian must be notified if his student has at least 5 days in which he or she has missed 2 or more periods unexcused in a school year or has missed 5 or more school days unexcused in a school year.
Provides that no student who has not graduated from high school can be considered to have permanently left public school unless an administrator of the school which such student last attended has sent notice within a period of 5 days from the student's tenth consecutive absence to the student and his or her parent or guardian. The district must offer at least two dates and times for an exit interview between the superintendent or his designee and the student and his parent or guardian to occur prior to the student permanently leaving school. The purpose for the exit interview is discussing the reasons for the student permanently leaving school and considering alternative education or other placements. The department is required to publish a model protocol for conducting exit interviews with students; and maintaining a list of research and information relative to the consequences of dropping out, the benefits of earning a high school diploma and a list of alternative education resources and programs available to the student.
http://www.mass.gov/legis/journal/desktop/Current%20Agenda%202011/H4332.pdf
Title: H.B. 4332
Source: http://www.malegislature.gov/
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IL | Adopted 05/2012 | P-12 | Extends the School Success Task Force established during the 96th General Assembly and adds a member to the Task Force representing City of Chicago School District 299. Directs the School Success Task Force to submit a report before December 31, 2012. http://www.ilga.gov/legislation/97/HJR/PDF/09700HJ0067lv.pdf
Title: H.J.R. 67
Source: www.ilga.gov
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CO | Signed into law 05/2012 | P-12 | Includes, among other provisions, safe school components. Requires local boards to adopt a mission statement that includes making safety for all students and staff a priority in each school. Requires each district to take reasonable measures to ensure that each student is familiar with the district's conduct and discipline code. Allows a teacher to remove a disruptive student from his or her classroom but provides that it cannot be for the remainder of the term unless the principal or designee has developed and implemented a behavior plan for the student. Such a plan must be developed after the second removal. In creating and enforcing a school conduct and discipline code, each board is required to imposed proportionate disciplinary interventions and consequences, including but not limited to in-school suspensions, in response to student misconduct, which interventions and consequences are designed to reduce the number of expulsions, out-of-school suspensions, and referrals to law enforcement (except for such referrals to law enforcement as are required by state or federal law). School conduct and discipline code is to include plans for the appropriate use of prevention, intervention, restorative justice, peer mediation, counseling, or other approaches which are designed to minimize student exposure to the criminal and juvenile justice system. School administration cannot order a victim's participation in restorative justice or peer mediation if the alleged misconduct constitutes unlawful sexual behavior, domestic violence or stalking. A student being denied admission or expelled for one year (after a hearing) has 10 days to appeal the decision if the board authorizes the appeal.
http://www.leg.state.co.us/clics/clics2012a/csl.nsf/fsbillcont/CD3C8673214EEF8C872579CD00625FE2?Open&file=1345_enr.pdf
Title: H.B. 1345 (sec. 22+)
Source: http://www.leg.state.co.us
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CO | Signed into law 05/2012 | P-12 | Amends reasons for expelling an habitually disruptive student to include committing one of the following offenses on school grounds, in a school vehicle, or at a school activity or sanctioned event: possession of a dangerous weapon without the authorization of the school/district; use, possession, or sale of a drug or controlled substance; commission of an act, that if committed by an adult, would be robbery or assault that would be 3rd degree assault if committed by an adult; making a false accusation of criminal activity. Encourages each district -- prior to expelling a student -- to consider the student's age, disciplinary history, presence of a disability, seriousness of the violation committed, whether the violation threatened the safety of any student or staff member, or whether a lesser intervention would properly address the violation committed. For a firearm, however, expulsion is automatic unless the superintendent modifies the requirement on a case-by-case basis.
http://www.leg.state.co.us/clics/clics2012a/csl.nsf/fsbillcont/CD3C8673214EEF8C872579CD00625FE2?Open&file=1345_enr.pdf
Title: H.B. 1345 - Suspension/Expulsion Details
Source: http://www.leg.state.co.us
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TN | Signed into law 04/2012 | P-12 | Charges each local board of education with adopting a policy regarding a teacher's ability to relocate a student for that student's safety or the safety of others. Defines use of reasonable or justifiable force. Requires teacher to file a brief report. Stipulates law shall be in effect on school property and at school-sanctioned events.
http://www.capitol.tn.gov/Bills/107/Bill/SB3116.pdf
Title: S.B. 3116
Source: http://www.capitol.tn.gov
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TN | Signed into law 04/2012 | P-12 | Regulates student conduct on school buses. Permits school personnel, including school bus drivers, to use reasonable force, subject to certain restrictions, in maintaining discipline.
http://www.capitol.tn.gov/Bills/107/Bill/HB2789.pdf
Title: H.B. 2789
Source: http://www.capitol.tn.gov
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WI | Signed into law 04/2012 | P-12 | Prohibits use of law enforcement or juvenile court records to expel or suspend a pupil or as the sole basis for taking any other disciplinary action. Allows, however, law enforcement officers' records obtained under s. 938.396 (1) (c) 3. to be the sole basis for taking action against a pupil under the school district's athletic code.
https://docs.legis.wisconsin.gov/2011/related/enrolled/sb315
Title: S.B. 315
Source: https://docs.legis.wisconsin.gov
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WI | Signed into law 12/2011 | P-12 | This new section of law allows a charter or contract to include grounds for expelling a pupil from the charter school. If such grounds are included, they must include the procedures to be followed by the charter school. https://docs.legis.wisconsin.gov/2011/related/acts/105
Title: S.B. 95 - Section 9 - 118.40 (2r) (b)
Source: https://docs.legis.wisconsin.gov
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IL | Signed into law 08/2011 | P-12 | Permits a student who has been suspended for more than 20 days to be immediately transferred to an alternative program. Provides that an eligible student may not be denied participation in an alternative learning opportunities program solely because s/he has been expelled, or suspended for more than 20 days. Provides an exception when such transfer is deemed to cause a threat to the safety of students or staff in the alternative program. Permits a student who has been expelled or suspended more than 20 days to be eligible to enroll in a charter alternative learning opportunities program. http://www.ilga.gov/legislation/publicacts/97/PDF/097-0495.pdf
Title: H.B. 2086
Source: www.ilga.gov
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IL | Signed into law 08/2011 | P-12 | Permits a district to expel a student guilty of gross disobedience or misconduct perpetuated by electronic means. Permits a student to be suspended for up to 10 days or to be expelled for up to two years if (1) the student has made an explicit threat on a Web site against a school employee, a student, or any school-related personnel, (2) the Web site was accessible in the school at the time the threat was made or was available to third parties who worked or studied within the school grounds at the time the threat was made, and (3) the threat could be reasonably interpreted as threatening to the safety and security of the student or staff member because of his/her duties or status as a student or staff member in the school. http://www.ilga.gov/legislation/publicacts/97/PDF/097-0340.pdf
Title: H.B. 3281
Source: www.ilga.gov
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CT | Signed into law 07/2011 | P-12 | Specifies that a student who has been expelled for the first time and is at least 16 years old is not required to withdraw from regular public school to attend adult education as part of an alternative educational opportunity during the expulsion. Allows such an expelled student to enroll in an adult education program without the approval of his or her school principal (that approval is still required for students who have not been expelled). http://www.cga.ct.gov/2011/ACT/PA/2011PA-00126-R00HB-06433-PA.htm
Title: H.B. 6433
Source: http://www.cga.ct.gov
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LA | Vetoed 07/2011 | P-12 | Relates to the discipline of students. Adds restorative justice practices to options for disciplinary measures when students are removed from classrooms. Indicates discliplinary measures that need to be implemented before students can return to classrooms. Requires school boards to adopt rules and guidelines pertaining to willful disobedience by students. Indicates that K-5 students shall not be suspended in-school or out-of-school for school uniform violations, or for being habitually tardy or absent. Requires school boards to publish student discipline policies and other specified information on their websites.
http://www.legis.state.la.us/billdata/streamdocument.asp?did=758787
Title: S.B. 67
Source: http://www.legis.state.la.us
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TX | Signed into law 06/2011 | P-12 | Provides a student may be expelled if the student accesses a district-owned or -operated computer, computer network or computer system, and knowingly either alters, damages or deletes school district property or information, or commits a breach of any other computer, computer network or computer system. http://www.capitol.state.tx.us/tlodocs/82R/billtext/pdf/HB01224F.pdf#navpanes=0
Title: H.B. 1224
Source: www.capitol.state.tx.us
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TX | Signed into law 06/2011 | P-12 | From fiscal note: Exempts a county with a population of 125,000 or greater from the requirement that expelled students and students meeting other mandatory placement requirements be placed in a Juvenile Justice Alternative Education Program (JJAEP). The parameters stipulated in the bill appear to identify Ellis County.
Bill text: http://www.capitol.state.tx.us/tlodocs/82R/billtext/pdf/HB00592F.pdf#navpanes=0
Fiscal note: http://www.capitol.state.tx.us/tlodocs/82R/fiscalnotes/pdf/HB00592F.pdf#navpanes=0
Title: H.B. 592
Source: www.capitol.state.tx.us
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TX | Signed into law 06/2011 | P-12 | Requires a student who receives deferred prosecution for, is found by a court or jury to have engaged in, or a superintendent or designee has a reasonable belief that a student has engaged in aggravated robbery to be removed from class and placed in a disciplinary alternative education program. Permits a student to be placed in a disciplinary alternative education program if the superintendent or designee has a reasonable belief that the student has engaged in aggravated robbery. Permits a district to expel a student who has received deferred prosecution for or has been found by a court or jury to have engaged in, has been arrested for or charged with, has been referred to a juvenile court for allegedly engaging in, or has received probation or deferred adjudication for aggravated robbery. Clarifies provision allowing expulsion of a student in a disciplinary alternative education program. Specifies that misconduct must be documented and while on the program campus despite documented behavioral interventions. Defines "serious misbehavior" for purposes of this provision.
Provides that each school district in a county with a population over 125,000 and the county juvenile board must annually enter into a joint memorandum of understanding that a student may be placed in the juvenile justice alternative education program if the student engages in serious misbehavior, as defined in statute.
http://www.capitol.state.tx.us/tlodocs/82R/billtext/pdf/HB00968F.pdf#navpanes=0
Title: H.B. 968
Source: www.capitol.state.tx.us
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NC | Signed into law 06/2011 | P-12 | Clarifies the definitions of the following terms: alternative education services; corporal punishment; educational property; explusion; firearm; long-term suspension; parent; destructive device; principal; school official; school personnel; short-term suspension; substantial evidence; and superintendent. Requires local boards of education to adopt policies to govern the conduct of students and establish procedure to be followed by school officials in disciplining students. Details what such policies must include. Encourages school officials to use a full range of responses to violations of disciplinary rules, such as conferences, counseling, and peer mediation.
Reasonable force - Provides that school personnel may use reasonable force to control behavior or to remove a person from the scene in those situations when necessary for any of the following reasons: (1) To correct students; (2) To quell a disturbance threatening injury to others; (3) To obtain possession of weapons or other dangerous objects on the person, or within the control, of a student; (4) For self-defense; (5) For the protection of persons or property; and (6) To maintain order on educational property, in the classroom, or at a school-related activity on or off educational property.
Corporal punishment - Directs each school board to determine whether corporal punishment will be permitted in its district. Specifies what the policies adopted for the administration of corporal punishment must include. Requires each school board to report annually to the state board of education on the number of times that corporal punishment was administered.
Suspension - Details when a principal has the authority to impose short- and long-term suspension on a student and what a student subject to short- and long-term suspension must be provided. Provides the procedures for imposing short- and long-term suspension.
Alternative education services - Provides that students who are long-term suspended must be offered alternative education services unless the superintendent provides a significant or important reason for declining to offer such services. Details what constitues a significant or important reason for declining such services.
365-day supension for gun possession - Requires all local boards to develop and implement policies and procedures requiring suspension for 365 calendar days of any student who is determined to have brought or been in possession of a firearm or destructive device on educational property or to a school-sponsored event off educational property.
Expulsion - Provides that upon recommentation of the superintendent, a board of education may expel any student 14 years of age or older whose continued presence in school constitutes a clear threat to the safety of other students or school staff. Provides the procedures for an expulsion. Allows students suspended for 365 days or expelled to, after 180 calendar days from the date of suspension or expulsion, request in writing readmission to the school district. http://www.ncga.state.nc.us/Sessions/2011/Bills/House/PDF/H736v7.pdf
Title: H.B. 736
Source: http://www.ncga.state.nc.us
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IL | Adopted 05/2011 | P-12 | Extends the School Success Task Force established during the 96th General Assembly. Directs the task force to submit a report by December 31, 2011. http://www.ilga.gov/legislation/97/HJR/PDF/09700HJ0007lv.pdf
Title: H.J.R. 7
Source: www.ilga.gov
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CO | Signed into law 05/2011 | P-12 | Creates a task force to study school discipline practices and zero tolerance policies and the use of law enforcement and other juvenile justice sanctions for school behavior.
http://www.leg.state.co.us/clics/clics2011a/csl.nsf/fsbillcont3/4573402A707373F18725781800719E8A?Open&file=133_enr.pdf
Title: S.B. 133
Source: http://www.leg.state.co.us
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NM | Vetoed 03/2011 | P-12 | Would expand data collection and reporting requirements to include the number of student expulsions and suspensions. The data would organized by age, gender, and race/ethnicity; include student enrollment by English language homeless or low-income program; and indicate whether students had been retained. In addition, reports would include data on student violations on school property.
http://www.nmlegis.gov/Sessions/11%20Regular/bills/house/HB0321.pdf
Title: H.B. 321
Source: http://www.nmlegis.gov/
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IL | Signed into law 07/2010 | P-12 | Allows a school treasurer to pay recurring bills upon certification by the clerk or secretary of the school board (instead of requiring an order of the school board signed by the president and clerk or secretary or by a majority of the board). Makes changes to when the record of the official acts of the school board must be submitted to the treasurer. Regarding the prohibition on a school board member having an interest in district contracts, work, business or sales, provides that a school board member must not be deemed interested if the board member is an employee of a business that is involved in the transaction of business with the school district, provided that the board member has no financial interests other than as an employee. Provides that a school board member's oath of office must be administered as determined by the board.
Provides that a school board may authorize by policy (rather than by regulation) the superintendent, principal, assistant principal or dean of students to suspend pupils. Provides that a school board must be given a summary of the notice of a parent's right to a review of the suspension, including the reason for the suspension and the suspension length (instead of a copy of the full statement of the reasons for the suspension and the notice of the parent's right to a review). Makes changes concerning when an educational support personnel employee who has been dismissed is paid. Makes changes concerning the filing of a teacher's transcript of college credits. http://www.ilga.gov/legislation/96/SB/PDF/09600SB3515lv.pdf
Title: S.B. 3515
Source: www.ilga.gov
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CT | Signed into law 05/2010 | P-12 | Provides that all student suspensions must be in-school suspensions, unless during the hearing the administration determines that an out-of-school suspension is appropriate for such pupil based on evidence of (1) previous disciplinary problems that have led to suspensions or expulsion of such pupil, and (2) efforts by the administration to address such disciplinary problems through means other than out-of-school suspension or expulsion, including positive behavioral support strategies. http://www.cga.ct.gov/2010/ACT/PA/2010PA-00111-R00SB-00438-PA.htm
Title: S.B. 438 - Sec. 18
Source: http://www.cga.ct.gov
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IL | Signed into law 08/2009 | P-12 | Clarifies "weapon" for purposes of student eligibility for expulsion. Provides for the expulsion of a student who is determined to have brought a firearm, a knife, brass knuckles, a billy club, or any other object used to cause bodily harm, to school or any school-sponsored activity or event. Includes look-alikes of any firearm. Authorizes the expulsion requirement to be modified by the superintendent, and the superintendent's determination to be modified by the school board on a case-by-case basis. http://www.ilga.gov/legislation/96/SB/PDF/09600SB1718lv.pdf
Title: S.B. 1718
Source: www.ilga.gov/legislation
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LA | Adopted 06/2009 | P-12 | Specifies the offenses for which expelled students and their parents or guardians shall have enrolled in and participate in an appropriate rehabilitation counseling program.
http://doa.louisiana.gov/osr/lac/28v115/28v115.doc
Title: LAC 28:CXV.1309
Source: http://doa.louisiana.gov/
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TX | Signed into law 06/2009 | P-12 | Provides that a student may not be expelled solely on the basis of the student's use, exhibition or possession of a firearm at an approved target range facility not on a school campus, or while participating in or preparing for a school-sponsored shooting sports competition or a Parks and Wildlife Department-sponsored shooting sports educational activity. Specifies that these provisions do not allow a student to bring a firearm onto school property to participate in or prepare for a school-sponsored shooting sports competition or other activity mentioned in the provision. http://www.legis.state.tx.us/tlodocs/81R/billtext/pdf/HB01020F.pdf
Title: H.B. 1020
Source: www.legis.state.tx.us
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DE | Signed into law 06/2009 | P-12 | Amends the zero tolerance provision in the Delaware Code to give discretion to school boards to modify the terms of expulsions when a school board determines that it is appropriate to do so.
http://legis.delaware.gov/LIS/lis145.nsf/vwLegislation/HB+120/$file/legis.html?open
Title: H.B. 120
Source: http://legis.delaware.gov
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LA | Signed into law 06/2009 | P-12 | Requires principals of public schools where a student was enrolled to release the student's records to a public or nonpublic school which is inside or outside of the state, where the student is enrolled or seeking enrollment; requires the records to contain information on suspension as well as expulsion.
http://www.legis.state.la.us/billdata/streamdocument.asp?did=667130
Title: H.B. 545
Source: http://www.legis.state.la.us/
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CT | Signed into law 06/2009 | P-12 | Requires boards of education to readmit students to the district if such student has been in an out-of-district placement in lieu of expulsion for committing an expellable offense and to prohibit such boards from then expelling such students for such offenses.
http://www.cga.ct.gov/2009/ACT/Pa/pdf/2009PA-00082-R00HB-06567-PA.pdf
Title: H.B. 6567
Source: http://www.cga.ct.gov
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NC | Signed into law 06/2009 | P-12 | Modifies notice requirements that must be given to a parent when a child is recommended for suspension of more than 10 days or an expulson from school; requires written notice to the student's parent by the end of the workday during which the suspension for more than 10 days or expulsion is recommended when reasonably possible, but in no event later than the end of the following workday; requires notice to include certain information. http://www.ncga.state.nc.us/Sessions/2009/Bills/House/PDF/H218v5.pdf
Title: H.B. 218
Source: http://www.ncga.state.nc.us
| |
AL | Signed into law 05/2009 | P-12 | Creates a system for increasing the age at which a person is eligible to apply for a learner's permit or driver's license if the person, over the age of 12 years and a student in a public or private school, was subject to habitual school punishment for an infraction committed on school property. Provides increasing numbers of points to be imposed for in-school suspensions, out-of-school suspensions, an alternative school placement and expulsion. Provides the points accumulate on a yearly basis, and that each point adds a week to the age at which the student is eligible to be issued a learner's permit or driver's license.
Title: H.B. 464
Source: www.lexis.com
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FL | Signed into law 05/2009 | P-12 | Relates to zero-tolerance policies and schools; requires a district school board having a policy authorizing the use of corporal punishment to review its policy once every 3 years during a district school board meeting and to take public testimony at the board meeting; prohibits corporal punishment policies from requiring the reporting of petty acts of misconduct and misdemeanors (including, but not limited to, disorderly conduct, disrupting a school function, simple assault or battery, affray, theft of less than $300, trespassing, and vandalism of less than $1,000) to a law enforcement agency; establishes a procedure that provides each student with the opportunity for a review of the disciplinary action imposed; requires each school board shall adopt a cooperative agreement with the Department of Juvenile Justice which establishes guidelines for ensuring that any no contact order entered by a court is reported and enforced and that all of the necessary steps are taken to protect the victim of the offense.
http://www.flsenate.gov/files/Ch_2009-053.pdf
Title: S.B. 1540
Source: http://www.flsenate.gov
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MN | Signed into law 05/2009 | P-12 | Consistent with federal law and state suspension procedures, allows school personnel to suspend children with disabilities. Establishes parameters and procedures for suspensions of children with disabilities who have been suspended for more than five consecutive school days or ten cumulative schools days. Counts a dismissal of up to one school day as a day of suspension of children with disabilities do not receive regular or special education instruction during that time. Does not require notice for a one-day dismissal. Requires children with disabilities to be provided alternative education services when a suspension exceeds five consecutive school days. Establishes procedures a school district must follow before initiating an expulsion or exclusion of children with disabilities. Requires school districts to continue to provide special education and related services to children with disabilities who are excluded or expelled for misbehavior that is not a manifestation of their disability.
https://www.revisor.leg.state.mn.us/bin/bldbill.php?bill=H0002.5.html&session=ls86
Title: H.F. 2
Source: https://www.revisor.leg.state.mn.us
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MT | Signed into law 04/2009 | P-12 | Allows school board trustees to meet outside district boundaries for purpose of collaboration with other boards, agencies or collaboratives; expands the disciplinary powers of school administrators; clarifies the laws governing student suspensions. Because state law prohibits business being transacted by the trustees of a district unless it is transacted at a regular
meeting or a properly called special meeting, expands the definition of ."unforeseen emergency" from a storm, fire, explosion, community disaster, insurrection, act of God, or other unforeseen destruction or impairment of school district property that affects the health and safety of the trustees, students, or district employees to include "or the educational functions of the district or violation of the student code of conduct, as defined in accordance with district policy, within a week of graduation."
http://data.opi.mt.gov/bills/2009/billpdf/HB0332.pdf
Title: H.B. 332
Source: http://data.opi.mt.gov
| |
IN | Signed into law 04/2009 | P-12 | Requires the governing body of a school corporation to develop an evidence-based plan for improving behavior and discipline in the school corporation, and a school within the school corporation to comply with the plan in developing the school's plan; requires school corporation discipline rules to incorporate a graduated system of discipline, which includes actions that may be taken in lieu of suspension or expulsion. Requires the Department of Education to develop a master evidence-based plan for improving student behavior and discipline upon which school corporations may base plans. Public Law 66.
http://www.in.gov/legislative/bills/2009/HE/HE1419.1.html
Title: H.B. 1419
Source: http://www.in.gov
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CO | Signed into law 04/2009 | P-12 | Permits, rather than requires, a school district to suspend or expel a student for brandishing an artificial firearm; permits a school district to suspend a student while determining whether the student's conduct could be grounds for suspension or expulsion.
http://www.leg.state.co.us/clics/clics2009a/csl.nsf/fsbillcont3/01DF9C20498006C68725755A0063A2B6?open&file=237_enr.pdf
Title: S.B. 237
Source: http://www.leg.state.co.us
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MD | Signed into law 04/2009 | P-12 | Prohibits a principal from suspending or expelling a student from school solely for attendance-related offenses.
http://mlis.state.md.us/2009rs/bills/hb/hb0660t.pdf
Title: H.B. 660; S.B. 241
Source: http://mlis.state.md.us/
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AR | Signed into law 04/2009 | P-12 | Allows a school district board of directors to meet in executive session on an appeal of the suspension or expulsion of a public school student.
http://www.arkleg.state.ar.us/assembly/2009/R/Acts/Act1445.pdf
Title: H.B. 1091
Source: http://www.arkleg.state.ar.us
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VA | Signed into law 03/2009 | P-12 | Provides that pending the decision by the division superintendent as to whether to require that a student charged with an offense involving intentional injury to another student of the school division attend an alternative education program, a local school board may impose a short-term suspension upon such student; provides that a school board may require a student charged with certain juvenile offenses to attend an alternative education program.
http://leg1.state.va.us/cgi-bin/legp504.exe?091+ful+HB2341ER
Title: H.B. 2341
Source: http://leg1.state.va.us
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VA | Signed into law 02/2009 | P-12 | Provides that a school division may assign a student deemed at-risk for a long-term suspension to a regional alternative education program; clarifies that the program is a regional alternative education program.
http://leg1.state.va.us/cgi-bin/legp504.exe?091+ful+HB1945ER
Title: H.B. 1945
Source: http://leg1.state.va.us
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DE | Signed into law 07/2008 | P-12 | Establishes a presumption that students 16 years of age and younger who are expelled or suspended pending expulsion by a local school district or charter school are appropriate for placement in an alternative education program.
http://legis.delaware.gov/LIS/lis144.nsf/vwLegislation/HB+326/$file/legis.html?open
Title: H.B. 326
Source: http://legis.delaware.gov
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CT | Signed into law 06/2008 | P-12 | Relates to a school learning environment; provides for in-school suspensions; requires a policy to address bullying in schools; provides that no disciplinary action shall be taken solely on the basis of an anonymous report; requires each school to notify patents and guardians of bullying students and to invite them to attend at least one meeting; requires notification to the Department of Education; provides for training; encourages teacher candidates to complete a suicide prevention component.
http://www.cga.ct.gov/2008/ACT/Pa/pdf/2008PA-00160-R00HB-05826-PA.pdf
Title: H.B. 5826
Source: http://www.cga.ct.gov/
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KS | Signed into law 04/2008 | P-12 | Repeals definition of "school safety violation." Rewrites provision relating to a student found in possession of a weapon or illegal drug at school or on school
property, or who has engaged in an act or behavior at school or on school property that resulted in, or was substantially likely to have resulted in, serious bodily injury to others. Allows a student whose driver's license was suspended or revoked due to the student's suspension or expulsion to request a hearing to determine whether there are reasonable grounds to believe the student was in possession of a weapon or illegal drug at school or on school property, or was engaged in behavior at school or on school property that resulted in, or was substantially likely to have resulted in, serious bodily injury to others.
Prohibits issuance or renewal of a teacher's license to a person convicted of rape, indecent liberties with a child, sodomy, indecent solicitation of a child, sexual exploitation of a child, incest, endangering a child, child abuse, murder, manslaughter, sexual battery, promoting obscenity or any felony. http://www.kslegislature.org/bills/2008/470.pdf
Title: S.B. 470
Source: www.kslegislature.org
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MD | Signed into law 04/2008 | P-12 | Provides a task force to study issues related to students with multiple suspensions; requires principals to report suspensions in writing to county superintendents within specified periods of time; requires principals to refer specified students to pupil services teams and give notice to specified students and specified parents or guardians that pupil services teams must meet within a specified period of time; requires notice to be provided in specified languages or specified modes of communication.
http://mlis.state.md.us/2008rs/bills/hb/hb0139e.pdf
Title: H.B. 139; S.B. 582
Source: http://mlis.state.md.us/
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MI | Signed into law 01/2008 | P-12 | Clarifies policies for student expulsion/suspensions with respect to infractions, students with disabilities, responsibilities of various parties, student records, etc.
http://www.legislature.mi.gov/documents/2007-2008/publicact/pdf/2008-PA-0001.pdf
Title: S.B. 703 (sec. 1311)
Source: http://www.legislature.mi.gov/
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MI | Enacted 11/2007 | P-12 | Relates to application of mandatory expulsion provisions for special education students; clarifies the relationship with federal law; provides for an immediate evaluation by the intermediate school district of which the school district is constituent; provides for home instructional services under certain circumstances.
http://www.legislature.mi.gov/documents/2007-2008/publicact/pdf/2007-PA-0138.pdf
Title: S.B. 571
Source: Michigan Legislature
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NC | Signed into law 07/2007 | P-12 | Ensures that parents receive actual notice of a student's expulsion or suspension from school.
http://www.ncga.state.nc.us/Sessions/2007/Bills/House/PDF/H1739v0.pdf
Title: H.B. 1739
Source: http://www.ncga.state.nc.us
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TX | Signed into law 07/2007 | P-12 | From fiscal note: [Part of} this bill would also define policies and procedures for notfication and placement of students required to register as sex offenders in either Disciplinary Alternative Education Programs or Juvenile Justice Alternative Education Programs. The bill provides that a JJAEP receiving students placed under the provisions of the bill is entitled to the same funding it would receive on behalf of a student placed in a JJAEP for conduct for which expulsion is permitted, but not required.
http://www.legis.state.tx.us/tlodocs/80R/billtext/pdf/SB00006F.pdf
Title: S.B. 6
Source: http://www.legis.state.tx.us
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LA | Signed into law 07/2007 | P-12 | Changes mandatory expulsion periods for certain student offenses; provides for student participation in appropriate rehabilitation or counseling programs; provides for student admission to regular and alternative education programs; relates to compliance monitoring; relates to local school board applications for related waivers. http://www.legis.state.la.us/billdata/streamdocument.asp?did=451042
Title: S.B. 265
Source: Lexis-Nexis/StateNet
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RI | Signed into law 07/2007 | P-12 | Provides that the discipline for any public school student who is in possession or use of alcohol, drugs or weapons, would be imposed on a case-by-case basis pursuant to guidelines promulgated by the school committee for that district; specifies that the guidelines and any discipline imposed shall take into account the nature and circumstances of the violation and the applicability of any federal laws governing students with disabilities.
http://www.rilin.state.ri.us/PublicLaws/law07/law07339.htm
Title: H.B. 5352
Source: http://www.rilin.state.ri.us
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NY | Signed into law 07/2007 | P-12 | Relates to the provision of supplemental educational services, attendance at a safe public school, the suspension of pupils who bring a firearm to or possess a firearm at a school (chapter 425 of the laws of 2002) and the education law relating to implementation of the No Child Left Behind Act of 2001 (chapter 101 of the laws of 2003. Extends the effectiveness of these provisions to June 30, 2008. http://assembly.state.ny.us/leg/?bn=S05747&sh=t
Title: S.B. 5747
Source: assembly.state.ny.us
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CT | Signed into law 06/2007 | P-12 | Concerns suspensions and expulsions by local and regional boards of education; provides that pupils who are facing their first suspension or expulsion and who complete a program and other conditions shall have an opportunity to have the term of the suspension or expulsion shortened or waived and to have the notice of the suspension or expulsion expunged from the pupil's record prior to graduation.
http://www.cga.ct.gov/2007/ACT/Pa/pdf/2007PA-00122-R00HB-07273-PA.pdf
Title: H.B. 7273
Source: Connecticut Legislature
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TN | Signed into law 06/2007 | P-12 | Adds as a good reason for suspension, two or more students initiating a physical attack on an individual student on school property or at a school activity, including travel to and from school.
http://www.legislature.state.tn.us/bills/currentga/Chapter/PC0402.pdf
Title: S.B. 247
Source: http://www.legislature.state.tn.us
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TX | Signed into law 06/2007 | P-12 | Relates to the expulsion and placement in alternative settings of public school students who engage in conduct constituting certain felonies.
http://www.legis.state.tx.us/tlodocs/80R/billtext/pdf/HB02532F.pdf
Title: H.B. 2532
Source: http://www.legis.state.tx.us
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TN | Signed into law 05/2007 | P-12 | Amends Tennessee Code Annotated, Section 49-2-203(a)(7) by deleting the subdivision in its entirety and by substituting instead the following:
(7) Suspend, dismiss or alternatively place pupils when the progress, safety, or efficiency of the school makes it necessary or when disruptive, threatening or violent students endanger the safety of other students or school system employees.
http://www.legislature.state.tn.us/bills/currentga/Chapter/PC0315.pdf
Title: H.B. 928
Source: http://www.legislature.state.tn.us
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KS | Signed into law 04/2007 | P-12 | From supplemental note on S.B. 129:
Changes notification requirements regarding students expelled or suspended from school for committing a school safety violation. Requires a school's chief administrative officer to notify the appropriate law enforcement agency of the expulsion or suspension within ten days. Following receipt of this notice, requires the
law enforcement agency to notify the Division of Motor Vehicles, which in turn must immediately suspend the student's driver's license or privilege to operate a
motor vehicle for one year. Clarifies that a student's license or driving privileges are not to be revoked if timely notification is not given.
Bill: http://www.kslegislature.org/bills/2008/129.pdf
Fiscal note: http://www.kslegislature.org/legsrv-bills/showBill.do?id=125047
Supplemental note: http://www.kslegislature.org/supplemental/2008/SN0129.pdf
Title: S.B. 129
Source: www.kslegislature.org
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UT | Signed into law 03/2007 | P-12 | Allows a school to suspend or expel a student for accessing pornographic material at school, and makes it a crime to access pornographic material on school property. http://le.utah.gov/~2007/bills/hbillenr/hb0100.htm
Title: H.B. 100
Source: http://www.le.state.ut.us/
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UT | Signed into law 03/2007 | P-12 | Directs the state superintendent of public instruction, in cooperation with school districts and charter schools, to: 1) Research methods of motivating and providing incentives to students to comply with standards of conduct and evaluate the benefits and costs of those methods; 2) Publish a report that incorporates the research findings, provides model plans with suggested resource pools, and makes recommendations for local school boards and school personnel, and; 3) Submit the report to the Education Interim Committee; and maintain data for purposes of accountability, later reporting, and future analysis. http://le.utah.gov/~2007/bills/hbillenr/hb0212.htm
Title: H.B. 212
Source: http://www.le.state.ut.us/
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AR | Signed into law 02/2007 | P-12 | Relates to Webb's law; provides that upon the suspension of a student, the school shall immediately contact the student's parent or legal guardian to notify that person of the suspension; provides that each parent or legal guardian shall provide the school a primary call number, an e-mail address, if the parent or guardian does not have a telephone, or a current mailing address if no telephone or e-mail address.
http://www.arkleg.state.ar.us/ftproot/bills/2007/public/HB1145.pdf
Title: H.B. 1145
Source: http://www.arkleg.state.ar.us
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LA | Adopted 02/2007 | P-12 | Makes various changes to state assessment system. Creates end-of-course tests, to be phased in over a period of six years starting in fall 2007, in the following:
1. Algebra I;
2. Geometry;
3. English I;
4. English II;
5. Biology;
6. American History;
7. Civics; and
8. Free Enterprise.
Sets limitations on the public release of assessment data when such a release might compromise student confidentiality. Amends test security policies. Amends policies related to erasure analysis on state assessments. Also amends policies to address suspected violations of test security and troubling content in written assessment responses. Adds provision regarding administrative errors by school personnel that result in a question regarding the security of the test or the accuracy of the test data.
Amends provisions related to English language development assessments for English language learners (ELLs) and assessment of students with disabilities, including assessment accommodations for ELLs and students with disabilities.
Provides that if a student is expelled from school and is not enrolled in any type of alternative program or receiving any services from the district, the parent may make a timely request that the student be tested and the district must make arrangements to test the student.
Pages 7- of 50: http://www.doa.louisiana.gov/osr/reg/0702/0702rul.pdf
Title: LAC 28:CXI.Chapters 1, 3, 5, 18, 23, 27, 33, and 35
Source: www.doa.louisiana.gov
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NY | Signed into law 07/2006 | P-12 | Authorizes a board of education to condition a student's early return to school and suspension revocation on the pupil's voluntary participation in counseling or specialized classes, including anger management or dispute resolution.
Title: A.B. 2683
Source: Lexis-Nexis/StateNet
| |
LA | Signed into law 06/2006 | P-12 | Provides that the crime of assault on a school teacher includes making statements threatening physical harm to a school teacher and requires certain disciplinary actions to be taken when a public elementary or secondary school student is accused of violating the criminal statute or school disciplinary rules, or both, by committing an assault on a school employee. http://www.legis.state.la.us/billdata/streamdocument.asp?did=406257
Title: H.B. 1260
Source: Lexis-Nexis/StateNet
| |
KS | Signed into law 05/2006 | P-12 | Provides that if a hearing officer is appointed to hear an appeal of an extended-term suspension or expulsion, the local board must render its decision not later than the next regularly scheduled meeting of the board following the date of the conclusion of the hearing of the appeal by the hearing officer. http://www.kslegislature.org/bills/2006/485.pdf
Title: S.B. 485
Source: www.kslegislature.org
| |
VA | Signed into law 04/2006 | P-12 | Requires a school board to expel from school for at least one year a student who possesses a firearm on school property or at a school-sponsored activity. Language changed from "brought a firearm" to "possessed a firearm."
http://leg1.state.va.us/cgi-bin/legp504.exe?061+ful+CHAP0703
Title: H.B. 1516
Source: http://leg1.state.va.us
| |
KY | Signed into law 04/2006 | P-12 | Relates to expelled or suspended students. Defines "behavior which constitutes a threat" (and as such, allows a board to place a student in a state-funded agency program) as including assault, battery or abuse of others; the threat of force; being under the influence of drugs or alcohol; the use, possession, sale, or transfer of drugs or alcohol; or the carrying, possessing, or transfer of weapons or dangerous instruments; and any other behavior which may endanger the health or safety of others. Authorizes a local board to adopt a policy providing that if a student is suspended or expelled for any reason, or faces charges that may lead to suspension or expulsion but withdraws prior to a hearing, from any public or private school in this or any other state, the receiving district may review the details of the charges, suspension, or expulsion and determine if the student will be admitted, and if so, what conditions may be imposed upon the admission.
Authorizes a local board to adopt a policy providing that if a student is suspended or expelled for any reason, or faces charges that may lead to suspension or expulsion but withdraws prior to a hearing, from any public or private school in this or any other state, the receiving district may review the details of the charges, suspension, or expulsion and determine if the student will be admitted, and if so, what conditions may be imposed upon the admission. http://www.lrc.ky.gov/RECORD/06RS/HB688/bill.doc
Title: H.B. 688
Source: www.lrc.ky.gov
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IN | Signed into law 03/2006 | P-12 | Requires district report cards to report:
--The number and percentage of students participating in the school flex program, if offered (see IC 20-30-2-2.2 http://www.in.gov/legislative/ic/code/title20/ar30/ch2.html)
--The number of students who have dropped out of school, including the reasons for dropping out.
--The number of student work permits revoked.
--The number of student driver's licenses revoked.
--The number of students who have not advanced to grade 10 due to a lack of completed credits.
--The number of students suspended for any reason.
--The number of students receiving an international baccalaureate diploma.
http://www.in.gov/legislative/bills/2006/HE/HE1347.1.html
Title: H.B. 1347 Section 7
Source: www.in.gov/legislative
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IN | Signed into law 03/2006 | P-12 | Requires each school corporation (district) to conduct an informational count on May 1, 2007, May 1, 2008, and May 1, 2009 -- in the same manner and with the same standards as eligible pupils are counted to determine current ADM. The department must report the information obtained in the informational count to the:
(1) governor; (2) members of the education roundtable; and (3) executive director of the legislative services agency not later than thirty (30) days after the department receives the informational count reports for the year from all school corporations and transferee corporations. From the fiscal note: The bill specifies that the informational counts should include the following information:
1. A comparison between the number of eligible pupils on the informational count date and the number of eligible pupils in the current ADM.
2. Using a coding system developed by the Department of Education, the number (to the extent known by the school corporation or transferee corporation) of eligible pupils dropping out or otherwise withdrawing from the school corporation or transferee corporation after the date of the current ADM count, grouped by the reason or reasons for withdrawal from school.
3. Using a coding system developed by the Department: a. the number of suspensions and expulsions occurring after the date of the current ADM count, grouped by the reason or reasons for each suspension and expulsion; and b. the number and types of alternative educational placements that were provided or offered to suspended and expelled eligible pupils in each group.
4. The number of tuition transfer students accepted by a transferee corporation after the date of the current ADM count.
http://www.in.gov/legislative/bills/2006/PDF/SE/SE0173.1.pdf
Title: S.B. 173
Source: Lexis-Nexis/StateNet, www.in.gov/legislative/bills
| |
MD | Adopted 01/2006 | P-12 | Proposes to amend rules requiring each county board of education and the Baltimore City Board of School Commissioners to require an elementary school that has a suspension rate that exceeds 18% of the elementary school'senrollment to implement a positive behavioral interventions and support programor an alternative behavioral modification program in collaboration with the Maryland State Department of Education. MARYLAND 10415
http://www.dsd.state.md.us/comar/subtitle_chapters/13A_Chapters.htm
Title: COMAR 13A.08.06.02
Source: COMAR Web Page
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CA | Vetoed 09/2005 | P-12 | An act to amend Section 48900 of the Education Code, relating to pupil rights. Authorizes a principal or superintendent to suspend a student who knowingly made a false accusation to a school employee that another school employee has committed or attempted to commit a sexual assault against that pupil. Adds that a pupil may not be recommended for expulsion for this act.
http://www.leginfo.ca.gov/pub/bill/asm/ab_0601-0650/ab_605_bill_20050830_enrolled.pdf
Title: A.B. 605
Source: www.leginfo.ca.gov
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NJ | Rule Adoption 08/2005 | P-12 | Establishes and amends requirements for school district boards relating to development and implementation of school safety plans, cooperation with law enforcement on certain matters if they occur at school grounds and functions, development and implementation of a student code of conduct, establishment of intervention and referral services at schools, application and approval of alternative education programs, guidelines for placement in home or out-of-school instruction for general education students, and reporting allegations of child abuse or neglect.
Title: NJAC 6A:16-1.2, 1.3, 1.4, 5.1, 5.2, 5.3, 5.5 thru 5.8, 6.1 thru 6.3,7.1, 7.2 thru 7.10, 8 thru 11
Source: Lexis-Nexis/StateNet
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MN | Signed into law 07/2005 | P-12 | After a school administration notifies a pupil of the grounds for suspension, the school administration may, instead of imposing the suspension, do one or more of the following: (1) strongly encourage a parent or guardian of the pupil to attend school with the pupil for one day; (2) assign the pupil to attend school on Saturday as supervised by the principal or the principal's designee; and (3) petition the juvenile court that the student is in need of services under chapter 260C.
http://www.revisor.leg.state.mn.us/bin/bldbill.php?bill=H0141.1&session_year=2005&session_number=1
Title: H.F. 141 - Multiple Components
Source: http://www.revisor.leg.state.mn.us
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CA | Signed into law 07/2005 | P-12 | An act to amend Section 48916.1 of, and to repeal Sections 42103.3 and 56137 of, the Education Code, and to repeal Section 628.4 of the Penal Code, relating to public education. At the time an expulsion of a pupil is ordered, the school board must ensure that an educational program is provided for the period of the expulsion. The educational program may not be situated within or on the grounds of the school from which the pupil was expelled. Each school district shall maintain the following data:(a) The number of pupils recommended for expulsion; (b) the grounds for each recommended expulsion; (c) whether the pupil was subsequently expelled; (d) whether the expulsion order was suspended; (e) the type of referral made after the expulsion; and (f) The disposition of the pupil after the end of the period of expulsion.
http://www.leginfo.ca.gov/pub/bill/asm/ab_0101-0150/ab_110_bill_20050718_chaptered.pdf
Title: A.B. 110
Source: StateNet
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CA | Signed into law 07/2005 | P-12 | Governing boards that expel pupils must provide access to an educational program for those students. Such a program may be operated by the school district, the county superintendent of schools, or a consortium of districts or in joint agreement with the county superintendent of schools. Allows governing boards to enter into an agreement with a county superintendent of schools in another county to provide education
services for the district's expelled pupils.Requires each school district to maintain the following data:
(A) The number of pupils recommended for expulsion.
(B) The grounds for each recommended expulsion.
(C) Whether the pupil was subsequently expelled.
(D) Whether the expulsion order was suspended.
(E) The type of referral made after the expulsion.
(F) The disposition of the pupil after the end of the period of expulsion.
Deletes the requirement that a school district annually report expulsion data to CDE and instead authorizes the Superintendent of Public Instruction (SPI) to collect this data as part of a periodic coordinated compliance review. Repeals the requirement that the state superintendent develop, update every other year, and distribute directories of public and private agencies providing services to special education pupils with "low-incidence" disabilities. Repeals the requirement that CDE publish and distribute to local educational agencies an annual school crime report.
http://www.leginfo.ca.gov/pub/bill/asm/ab_0101-0150/ab_110_bill_20050718_chaptered.pdf
Title: A.B. 110 --Expulsion Section
Source: http://www.leginfo.ca.gov
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LA | Signed into law 06/2005 | P-12 | Requires a principal to immediately suspend a student who is found carrying or possessing a knife whose blade is 2 inches or longer. Also requires the principal to immediately recommend the student's expulsion, except when the student is less than eleven years old in pre-kindergarten through grade five.
http://www.legis.state.la.us/billdata/streamdocument.asp?did=315961
Title: H.B. 458
Source: http://www.legis.state.la.us/
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NV | Signed into law 06/2005 | P-12 | Revises governing the formation of charter schools designed exclusively for pupils with disciplinary problems. Provides that a pupil who is suspended or expelled from a public school may enroll in a program of independent study, in a program of distance education or in a charter school under certain circumstance.
http://leg.state.nv.us/73rd/bills/SB/SB367_EN.pdf
Title: S.B. 367
Source: StateNet
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CO | Vetoed 06/2005 | P-12 | Recognizes the importance of supplemental online education courses, especially to smaller districts and rural schools. States that such courses are eligible to receive funding from the state education fund created in article IX of the state constitution. Requires the department, on or before October 1, 2005, to contract with a supplemental on-line course provider to provide high-quality supplemental on-line education courses statewide for purchase by districts, boards of cooperative services, charter schools and the state charter school institute. Requires the contracting provider to work with these entities to allow schools to (1) offer courses for all students in all performance ranges, including gifted and talented students and students in need of remediation; (2) resolve class scheduling conflicts; (3) provide make-up credits for students and summer school options to help students graduate earlier; (4) offer courses for expelled and home-bound students; (5) offer courses for which local teachers are not available; (6) offer courses allowing students to meet higher education admission requirements; (7) meet federal requirements for highly qualified teachers; and (8) provide teacher professional development. Requires the supplemental online course provider to be a nonprofit or not-for-profit organization or school district, have documented evidence of program evaluation, and to meet other requirements. Specifies minimum provisions of a contract for supplemental online education courses, including that the contractor must provide at least 50 online courses in specified subject areas, the teachers meet the federal requirements for a highly qualified teacher, and that, where applicable, the courses are based on the state model content standards. Requires the contractors to annually report to the department and the legislature on specified details about the program during the preceding year. Makes an allocation.
http://www.leg.state.co.us/Clics2005a/csl.nsf/fsbillcont3/4723DE9EE54766D487256F810074794F?Open&file=139_enr.pdf
Title: S.B. 139
Source: www.leg.state.co.us
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TX | Signed into law 05/2005 | P-12 | District student codes of conduct are required to specify whether consideration is given, as a factor in a decision to order suspension,
removal to a disciplinary alternative education program, or expulsion, to: (A) self-defense; (B) intent or lack of intent at the time the
student engaged in the conduct; (C) a student's disciplinary history; or (D) a disability that substantially impairs the student's capacity to appreciate the wrongfulness of the student's conduct. Students may not be returned to classrooms without the teacher's consent. Provides that, except as provided by Section 37.007(e) (Expulsion for Serious Offenses), this subchapter does not require the student code of conduct to specify a minimum term of a removal or an expulsion.
http://www.capitol.state.tx.us/cgi-bin/tlo/textframe.cmd?LEG=79&SESS=R&CHAMBER=H&BILLTYPE=B&BILLSUFFIX=00603&VERSION=5&TYPE=B
Title: H.B. 603
Source: http://www.capitol.state.tx.us
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IN | Signed into law 05/2005 | P-12 | Requires schools to report the reasons for student suspensions and expulsions to the department of education, and to categorize suspended and expelled students by gender, ethnicity and disability status. Authorizes an agreement for court assisted resolution of suspension and expulsion cases between a court having juvenile jurisdiction and a public school corporation.
Provides that the agreement may require the court to do one or more of the following:
(1) Establish a flexible program for the supervision of a student who has been suspended or expelled.
(2) Supervise a student who has been suspended or expelled.
(3) Require a student who has been suspended or expelled to participate in a school program (including an alternative educational program) for the supervision of a student who has been suspended or expelled.
Provides that the agreement may require a school corporation to do one or more of the following:
(1) Define the violation for which a student who has been suspended or expelled shall be referred to the court.
(2) Refer a student who has been suspended or expelled for a violation described in subdivision (1) to the court.
(3) Establish a school program (including an alternative educational program) for the supervision of a student who has been suspended or expelled.
Provides that the court and the school corporation may jointly determine which violations leading to suspension or expulsion are eligible for referral to the court. Provides that the school corporation and the court must determine how the costs of supervising a student under the agreement shall be paid.
Allows the school corporation to disclose the education records of a student who has been suspended or expelled to a court. Provides that a parent or guardian has the right to be present during the student's appearance, and may be required to be present during the student's appearance. Requires that the discipline rules adopted by a school's governing body define "habitual truant" to include, at a minimum, a student who has more than ten unexcused absences in a school year. Permits a public school student who is at least 16 years of age and less than 18 years of age to withdraw from school by: (1) attending an exit interview; (2) obtaining the consent of the student's parent; and (3) obtaining the consent of the school principal. Requires that the school principal provide the student and the student's parent with information concerning the consequences of dropping out of school during the exit interview, and to provide the department of education with the number of students who withdraw from school. Includes certain additional groups of students in the determination of a school's graduation rate. Establishes certain procedures concerning a student who has left school and whose location is unknown to the school. Allows a school to establish a flexible instruction program for certain high school students. Makes technical corrections to conform with the Title 20 recodification
Title: H.B. 1794
Source: StateNet
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MD | (S) THIRD READING PASSED WITH AMENDMENTS (31-15) 04/2005 | P-12 | Requiring a student considered for suspension or expulsion from school or the student's parent or guardian to be given a community resources list; requiring a child with a disability or the child's parent or guardian to be given a community resources list attached to a procedural safeguards notice if the child is being considered for suspension or expulsion from school; etc
http://mlis.state.md.us/2005rs/billfile/hb1074.htm
Title: H.B. 1074
Source: StateNet
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VA | Signed into law 03/2005 | P-12 | Provides that the local school board, or a committee thereof, or the division superintendent may review petitions for readmission by expelled students. http://leg1.state.va.us/cgi-bin/legp504.exe?051+ful+CHAP0096
Title: H.B. 2223
Source: StateNet
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CA | Vetoed 09/2004 | P-12 | Authorizes the governing board of a school district to request approval from the State Board of Education in order to claim apportionments for the attendance of pupils attending a suspension classroom staffed by a noncertified school employee provided that a pupil attending such a classroom is allowed to complete for credit any assignments or tests that would otherwise by missed during the period of suspension, the apportionments are for no more than 5 pupils per day, a certified employee monitors the classroom at least 2 times per day, and apportionments for a particular pupil are for no more than 10 days per academic year. http://www.leginfo.ca.gov/pub/bill/sen/sb_0051-0100/sb_76_bill_20040828_enrolled.html
Veto message: http://www.governor.ca.gov/govsite/pdf/vetoes/SB_76_veto.pdf
Title: S.B. 76
Source: California Legislative Web site
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CA | Vetoed 09/2004 | P-12 | Prohibits a school district governing board from denying a charter school petition, unless it makes findings that the petition lacks a description of the procedures by which a pupil may be subject to discipline and the procedure employed by the school to safeguard the due process rights of pupils and unless it makes findings showing a lack of compliance with the Ralph M. Brown Act. Provides that charter schools are subject to the open meeting requirement of the Ralph M. Brown Act. Prohibits a charter school from expelling a pupil based solely on his or her academic performance. Requires a charter school to notify the governing board of the school district of residence and the county superintendent of schools within 14 days if a pupil is expelled and to notify the governing board of the school district of residence within 14 days of the last day the pupil attended school if a pupil leaves the charter school without graduating or completing the school year for any reason. Requires a charter school to provide the district of residence of a pupil who is expelled or leaves the charter school without graduating or completing the school year for any reason with a copy of the cumulative file of that pupil. http://www.leginfo.ca.gov/pub/bill/asm/ab_1851-1900/ab_1860_bill_20040826_enrolled.html
Veto message: http://www.governor.ca.gov/govsite/pdf/vetoes/AB_1860_veto.pdf
Title: A.B. 1860
Source: California Legislative Web site
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CA | Signed into law 09/2004 | P-12 | Section 10: Changes the law from requiring a school counselor or psychologist to attend a parent-teacher conference regarding a pupil suspension to authorizing the counselor or psychologist to attend attendance of a school counselor or psychologist at a parent-teacher meeting. http://www.leginfo.ca.gov/pub/bill/asm/ab_2851-2900/ab_2855_bill_20040929_chaptered.pdf
Signing message: http://www.governor.ca.gov/govsite/pdf/press_release/AB_2853_2855_2856_sign.pdf
Title: A.B. 2855 (multiple provisions)
Source: www.leginfo.ca.gov
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CA | Signed into law 09/2004 | P-12 | Repeals mandate and replaces with policy authorizing school district governing boards to adopt a policy permitting a parent or guardian of a pupil who has been suspended by a teacher to attend a portion of the school day in the classroom from which the pupil was suspended. http://www.leginfo.ca.gov/pub/bill/asm/ab_2851-2900/ab_2855_bill_20040929_chaptered.pdf
Signing message: http://www.governor.ca.gov/govsite/pdf/press_release/AB_2853_2855_2856_sign.pdf
Title: A.B. 2855 (multiple provisions)
Source: www.leginfo.ca.gov
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NC | Signed into law 07/2004 | P-12 | Implements the recommendation of the house interim committee on providing an appropriate education for students on long-term suspension to direct the state board of education to develop and recommend a funding formula for alternative learning programs and alternative schools. http://www.ncga.state.nc.us/html2003/bills/currentversion/ratified/house/hbil1455.full.html; http://www.ncga.state.nc.us/html2003/bills/currentversion/ratified/house/hbil1456.full.html
Title: H.B. 1455 and 1456
Source: http://www.ncga.state.nc.us
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PA | Vetoed 06/2004 | P-12 | Amends the Public School Code of 1949. Further provides for regulation of expelled students. Establishes the Emergency Basic Education Subsidy Fund. Provides for basic education subsidy continuation funding. http://www2.legis.state.pa.us/WU01/LI/BI/BT/2003/0/HB2128P3290.pdf
Title: H.B. 2128
Source: http://www2.legis.state.pa.us
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RI | Became law without governor's signature 06/2004 | P-12 | Would require that school safety plans include policies and procedures for: (1) providing notice of threats of violence or harm to the subject of the threat; (2) disclosing certain information regarding a student's conduct; and (3) determining whether a given threat or conduct may be grounds for the suspension or expulsion of a student. This act would take effect upon passage.
Title: H.B. 7305, S.B. 2498
Source: StateNet
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MO | To governor 05/2004 | P-12 | Provides a student shall not be considered a drop- out or included in a school district's educational persistence ratio for accreditation purposes for being expelled for bringing a weapon to school, violent behavior or an act of violence; provides assistance to school districts as needed in adopting service-learning programs and projects; relates to investigation of alleged child abuse at a school or child care facility.
http://www.house.state.mo.us/bills041/bills/sb945.htm
Title: S.B. 945
Source: StateNet
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MD | Signed into law 04/2004 | P-12 | Requires a county board of education and the Board of School Commissioners of Baltimore City to require elementary schools with a suspension rate over 18% of enrollment to implement a Positive Behavioral Interventions and Support Program or an alternative behavioral modification program; requires the State Board of Education to adopt regulations. http://mlis.state.md.us/2004rs/bills/hb/hb1288t.rtf
Title: H.B. 1288
Source: StateNet
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KY | Signed into law 04/2004 | P-12 | Eliminates the requirement that the principal of a public school be notified when a child is found guilty of an offense that classifies the child as a youthful offender (maintains existing notification requirement for private school principals). Adds that local superintendent be notified when child enrolled in district is identified as youthful offender or violent offender; requires the local superintendent to notify the child's principal of such identification. Requires local superintendent to be identified within 24 hours when a petition is filed against a child enrolled in district or an enrolled child has been found guilty of an offense that would be a felony or misdemeanor if committed by an adult. Specifies that if the petition is dismissed, all school or district records of the incident or notification must be destroyed, and may not be included in the child's school records. Adds that a child's counselor must be notified by the school principal when the child has been found guilty of offenses identifying him or her as youthful offender, violent offender or an offense that would be a felony or misdemeanor if committed by an adult. Principal of student found guilty or expelled for such an offense must provide, prior to student's admission to any school, a sworn statement that the child has been found guilty of such an offense within 5 working days of student's request for enrollment in new school.
http://www.lrc.state.ky.us/RECORD/04RS/SB52.htm
Title: S.B. 52
Source: www.lrc.state.ky.us
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CO | Signed into law 04/2004 | P-12 | Concerns the creation of a public school student's right to have a guardian present when the student signs a statement that could result in expulsion. http://www.leg.state.co.us/clics2004a/csl.nsf/fsbillcont2/0f42b06a7122dfff87256dbb000241a7?OpenDocument&Click=87256D6C00679B13.b925f7d822283ac087256dd3003efcdb/$Body/1.2
Title: H.B. 1137
Source: Colorado Legislative Web site
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WA | Emergency Rule Adoption 10/2003 | P-12 | Adopts rules concerning emergency expulsion of students. Ensures that the superintendent is able to immediately expel any student whose presence poses an immediate and continuing danger to self, other students, or school personnel or whose presence poses a continuing threat of substantial disruption of the educational process in order to preserve the health, safety and general welfare of students and staff at the School for the Deaf. WASHINGTON REG 22297 (SN)
Title: WAC 148-120-400 thru -415
Source: StateNet
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LA | Signed into law 06/2003 | P-12 | Previously adopted law required principal to immediately suspend student found carrying a knife the blade of which is at least 2 inches long. New provision adds that no student may carry or possess a knife of any blade length. A student who is found carrying or possessing a knife with a blade less than two inches in length may be suspended by the school principal but, at a minimum, must be placed in in-school suspension. http://www.legis.state.la.us/bills/byinst.asp?sessionid=03RS&billid=SB110&doctype=BT
Title: S.B. 110
Source: www.legis.state.la.us
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TX | Signed into law 06/2003 | P-12 | Expands expulsion of students from public schools to include (1) actions on school property of a school in another district in the state or (2) actions while attending a school-sponsored or school-related activity of a school in another district in this state.
http://www.capitol.state.tx.us/cgi-bin/tlo/textframe.cmd?LEG=78&SESS=R&CHAMBER=H&BILLTYPE=B&BILLSUFFIX=00552&VERSION=5&TYPE=B
Title: H.B. 552
Source: http://www.capitol.state.tx.us
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TX | Signed into law 05/2003 | P-12 | Allows a public school to expel a student who assaults, murders, or attempts to murder another student, or for the offense of aggravated robbery under Section 29.03, even if the event took place off campus. (Bill Analysis, Senate Research Center) http://www.capitol.state.tx.us/cgi-bin/tlo/textframe.cmd?LEG=78&SESS=R&CHAMBER=H&BILLTYPE=B&BILLSUFFIX=00567&VERSION=5&TYPE=B
Title: H.B. 567
Source: StateNet
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LA | Signed into law 05/2003 | P-12 | States that mandatory minimum 24-month expulsion of any student age 16 or older, or mandatory minimum 12-month expulsion of student under age 16 in grades six through 12, who is found guilty of possession of, or knowledge of and intentional distribution of, or possession with intent to distribute any drug or controlled substance on school grounds does not apply if the student participates full time in a juvenile drug court program operated by a Louisiana court. States that the district may place the student in an state board-approved alternative education program for suspended and expelled students.
http://www.legis.state.la.us/bills/byinst.asp?sessionid=03RS&billid=HB639&doctype=BT
Title: H.B. 639
Source: www.legis.state.la.us
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ND | Signed into law 03/2003 | P-12 | Allows expulsion for possession of a weapon (non-firearm) in schools for up to 12 months. For possession of a firearm, expulsion must be for 12 months. Adds due process procedures. http://www.state.nd.us/lr/assembly/58-2003/bill_text/DAKB0300.pdf
Title: H.B. 1237
Source: http://www.state.nd.us/lr
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VA | Signed into law 03/2003 | P-12 | Modifies the Gun-Free Schools statute to add possession of an air rifle or BB gun on school property or at a school-sponsored activity to those firearm related offenses for which school boards are to expel students for 1 calender year, unless the school board determines that special circumstances exist and no disciplinary action, another disciplinary action or another term of expulsion is appropriate. http://leg1.state.va.us/cgi-bin/legp504.exe?ses=031&typ=bil&val=hb1907
Title: H.B. 1907
Source: StateNet
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VA | Signed into law 03/2003 | P-12 | Clarifies an exception for a person possessing an unloaded firearm on school property in a "closed container" by providing that the definition of "closed container" includes a locked vehicle trunk. http://leg1.state.va.us/cgi-bin/legp504.exe?031+ful+CHAP0619
Title: H.B. 2763
Source: http://leg1.state.va.us
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MS | Signed into law 03/2003 | P-12
Community College | Changes repealer from 2003 to 2007 on 1) the School Crisis Management Program, 2) the transfer of the industrial and adult short-term training programs to the State Board of Community Colleges, 3) the School Administrator Sabbatical Leave Program, 4) the section permitting expulsion for certain disruptive students, 5) requirement that state board develop and make available to district and schools a list of recommended conflict resolution, mediation, cultural diversity and other such materials, and 6) creation of permanent records and cumulative folders for each student in state public schools, to include among other data student's grades, attendance and date of any expulsion from the school system and a description of the student's act or behavior resulting in the expulsion. http://billstatus.ls.state.ms.us/documents/2003/html/HB/0700-0799/HB0744SG.htm
Title: H.B. 744
Source: StateNet
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CA | Signed into law 09/2002 | P-12 | Relates to those acts for which a pupil may be suspended from school or expelled including damage, theft or receipt of stolen school property. Includes electronic files and databases within the meaning of school property. Authorizes a pupil to be suspended or expelled for harassing, threatening or intimidating school district personnel. http://www.leginfo.ca.gov/pub/01-02/bill/asm/ab_1901-1950/ab_1901_bill_20020918_chaptered.html
Title: A.B. 1901
Source: Lexis-Nexis/StateNet
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FL | Signed into law 05/2002 | P-12 | According to legislative summary, "The possession of a firearm at school is included as grounds for required expulsion." In addition, "A school district zero-tolerance policy is required to include referral to the criminal or juvenile justice system." http://www.leg.state.fl.us/data/session/2002E/Senate/bills/billtext/pdf/s0020Eer.pdf
Title: S.B. 20E
Source: www.leg.state.fl.us
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WV | Signed into law 03/2002 | P-12 | Defines terms; expands defined terms to include definitions for alternative education and dangerous student; sale of narcotics and possession of deadly weapons and controlled substances on educational facility premises, vehicles and at school-sponsored functions; assault and battery committed by pupil; suspension and expulsion, and exceptions; hearing; notice and procedure of hearing; notification by regular mail; postponement of hearing; allowing county boards to determine whether a student is a dangerous student; allowing county boards to refuse to provide alternative education to dangerous students who have been expelled; reexamination of dangerous student status; reporting requirements; authority to request subpoena in certain circumstances; establishing guidelines for permitting a reduction in mandatory twelve-month suspension; removing provisions applying to students with disabilities and maintaining that application to students with disabilities must be consistent with federal law; and expanding and redefining deadly weapon as the phrase applies to schools.
Title: S.B. 4
Source: ftp://129.71.164.29/ftp-senate02/SB1-99/
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NC | Signed into law 12/2001 | P-12 | Prohibits persons contracting with the public schools from disclosing personally identifying information about students; authorizes suspensions for students who make certain false threats, perpetrate certain hoaxes or threaten an act of terrorism; makes emergency response plans confidential.
Title: S.B. 990
Source: Lexis-Nexis/StateNet
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CA | Signed into law 10/2001 | P-12 | Chapter No.484, Includes the act of aiding or abetting the infliction or attempted infliction of physical injury to another persons as an act for which a pupil may be suspended but not expelled. Provides for an increase in the fine for assault or battery committed on school property against any person. Authorizes the court, if the assault or battery was committed by a minor, to order the minor to undergo counseling, with the cost of such counseling to be borne by the minor's parents.
Title: A.B. 653
Source: Lexis-Nexis/StateNet
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NY | Signed into law 10/2001 | P-12 | Relates to the suspension of students from schools; relates to teacher removal of disruptive students; requires teachers to provide pupils removed from classrooms with an explanation of such removal with one school day of such removal and an opportunity to be heard; requires the principal to inform the person in parental relation to a removed pupil of such pupil's removal within 1 school day of such removal and provide an informal hearing within 2 school days of such removal.
Title: A.B. 9333
Source: Lexis-Nexis/StateNet
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LA | Signed into law 06/2001 | P-12 | Authorizes local school boards to adopt zero-tolerance policies for disciplining students; includes certain requirements in such policies; charges fees relative to such requirements.
Title: H.B. 364
Source: Lexis-Nexis/StateNet
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NC | Signed into law 06/2001 | P-12 | Session Law Number 244., Ensures that the parents or guardians of students who are suspended or expelled for more than 10 days from school receive notice that is in the appropriate language when foreign language resources are readily avialable.
Title: S.B. 811
Source: Lexis-Nexis/StateNet
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NC | Signed into law 06/2001 | P-12 | Gives school superintendents flexibility regarding the expunction of records of a student's suspension or expulsion from school; requires expunction when the condition in the preceding sentence exists and the school superintendent determines that the record is no longer needed to maintain safe and orderly schools or to adequately serve the child, and expunction is requested by the student's parent or guardian.
Title: H.B. 620
Source: Lexis-Nexis/StateNet
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MD | Signed into law 05/2001 | P-12 | Requires the State Board of Education to create in a county designated by the State Superintendent of Schools a juvenile justice alternative education pilot program for suspended, expelled and other students; authorizes the State Board of Education on a county board of education to enter a partnership with county circuit court judges to oversee the program; allows the Board to select a private agency to administer the program; requires certain students to attend.
Title: H.B. 825
Source: Lexis-Nexis/StateNet
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NC | Signed into law 05/2001 | P-12 | Establishes a pilot program under which participating local school administrative units place all students who are on short-term out-of-school suspension in alternative learning programs.
Title: S.B. 71
Source: Lexis-Nexis/StateNet
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NV | Signed into law 05/2001 | P-12 | Expands causes for expulsion to include possession of a dangerous weapon (in addition to term "firearm) while on the premises of any public school, at an activity sponsored by a public school or on any school bus must. For the first occurrence, students must be expelled from the school for a period of not less than 1 year, although he may be placed in another kind of school for a period not to exceed the period of the expulsion. Also applies to students who sell or distribute any controlled substance or who sells or distributes any controlled substance. For second occurences, students are permanently expelled.
Title: S.B. 115
Source: Lexis-Nexis/StateNet
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WV | Signed into law 05/2001 | P-12 | Prohibits suspension as discipline for failure to attend class; stipulates other methods of discipline may be used for the pupil which may include, but are not limited to, detention, extra class time or alternative class settings; abolishes corporal punishment; gives teachers authority to exclude from classrooms or school bus any pupil who is guilty of disorderly conduct, who in any manner interferes with an orderly educational process, who threatens, abuses or otherwise intimidates or attempts to intimidate a school employee or a pupil, who willfully disobeys a school employee, or who uses abusive or profane language directed at a school employee. Any pupil excluded shall be placed under the control of the principal of the school or a designee. The excluded pupil may be admitted to the classroom or school bus only when the principal, or a designee, provides written certification to the teacher that the pupil may be readmitted and specifies the specific type of disciplinary action, if any, which was taken. When a teacher excludes the same pupil from his or her classroom or from a school bus three times in one school year, and after exhausting all reasonable methods of classroom discipline provided in the school discipline plan, the pupil may be readmitted to the teacher's classroom only after the principal, teacher and, if possible, the parent(s), guardian(s) or custodian(s) of the pupil have held a conference to discuss the pupil's disruptive behavior patterns, and the teacher and the principal agree on a course of discipline for the pupil and inform the parent(s), guardian(s) or custodian(s) of the course of action. Thereafter, if the pupil's disruptive behavior persists, upon the teacher's request, the principal may, to the extent feasible, transfer the pupil to another setting.
Title: S.B. 439
Source: West Virginia Legislative Web Site
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MS | Signed into law 03/2001 | P-12 | Creates the School Safety Act of 2001; establishes a school safety center to provide technical and crisis assistance to school districts; authorizes school safety grants to local school districts to finance certain programs; establishes a school crisis management program; requires the State Board of Education to develop conflict resolution and peer mediation models and curricula; requires the automatic expulsion of a habitually disruptive student.
Title: S.B. 2239
Source: Lexis-Nexis/StateNet
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UT | Signed into law 03/2001 | P-12 | Modifies provisions related to the State System of Public Education by requiring any student who has been expelled from school for a firearm, explosive, or flammable material violation to meet with the school district superintendent to determine if the expulsion should be modified.
Title: S.B. 115
Source: Lexis-Nexis/StateNet
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VA | Signed into law 03/2001 | P-12 | Reorganizes student discipline statutes; defines disciplinary actions; requires superintendents in expulsion cases to consider factors like student age, grade, attendance, academic and disciplinary history and the feasibility of alternative education; requires expulsion confirmation by the board; excludes students denied private admission; provides for admissions re-petitioning; allows for alternative education programs; requires student reimbursement for unreturned school property.
Title: S.B. 1359
Source: Lexis-Nexis/StateNet
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VA | Signed into law 02/2001 | P-12 | Relates to exclusion from public school attendance; allows school boards to exclude from attendance students who have been suspended for over 30 days or expelled by another school division or for whom private school admission has been withdrawn regardless of why the disciplinary action was imposed, upon a finding that the student presents a danger to the students or staff of the school division and upon compliance with a hearing process; provides for readmission procedures.
Title: H.B. 1706
Source: Lexis-Nexis/StateNet
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OH | Signed into law 12/2000 | P-12 | Permits a school district board to adopt a resolution authorizing expulsion for up to one year to any student making a bomb threat to a school or a school activity.
Title: H.B. 620
Source: Lexis-Nexis/StateNet
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CA | Signed into law 07/2000 | P-12 | Relates to existing law relating to pupil expulsion and the right of the pupil or pupil's guardian to file an appeal and be provided with specified transcripts by the school district within 5 schooldays of the request. Requires the pupil's request for a copy of the written transcripts and supporting documents to be in writing and would require the school district to provide the pupil with the transcriptions, supporting documents, and records within 10 schooldays following the request.
Title: A.B. 1721
Source: Lexis-Nexis/StateNet
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FL | Signed into law 06/2000 | P-12 | Revises the definition of suspension; revises data used to determine school's performance grade category; revises information required to be included in student code of conduct; specifies types of drills and emergencies for which district school boards are required to develop procedures; requires district school boards to establish model emergency management and emergency preparedness procedures. Requires schools to report data concerning school safety and discipline to the department of education. Includes provisions such as ability of teachers to remove disruptive students from the classroom, liability protection for teachers, reporting of safety incidents, etc.
Title: S.B. 852
Source: Florida House of Representatives
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CO | Signed into law 06/2000 | P-12 | Centers on a conduct and discipline code with identified violations to result in actions taken. Forms the basis for annual reporting to local board and state department. Addresses juvenile delinquency records of students and "pertinent performance record or disciplinary record" of a teacher applying for a position. Requires districts to adopt policies of students at risk of suspension/expulsion and to devise plans necessary to intervene prior to those actions. Expands grounds for suspension, expulsion and denial of admission to include students declared "habitually disruptive." Redefines "rights of free expression for public school students" to clarify and more clearly define threats to safety or threats of violence to property or persons.
Title: S.B. 133
Source: Colorado Association of School Executives
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AK | Signed into law 05/2000 | P-12 | Establishes a school disciplinary and safety program; requires the reporting of information relating to school disciplinary and safety programs and of incidents of disruptive or violent behavior.
Title: H.B. 253
Source: Lexis-Nexis/StateNet
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MS | Signed into law 05/2000 | P-12 | Clarifies the authority of school superintendents, principals and school boards to suspend, expel, or change the placement of pupils for conduct that renders a pupil's presence in the classroom detrimental to the school's educational environment or the best interest of a class as a whole; requires school boards to obtain 2 appraisals before purchasing certain real property; authorizes the referral of such pupils to an alternative school program.
Title: H.B. 776
Source: Lexis-Nexis/StateNet
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TN | Signed into law 05/2000 | P-12 | , Defines expulsion, suspension and remand for purposes of disciplinary actions in schools.
Title: H.B. 3022
Source: Lexis-Nexis/StateNet
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WI | Signed into law 05/2000 | P-12 | Relates to the conditional early reinstatement to school of a pupil who has been expelled from school.
Title: A.B. 447
Source: Lexis-Nexis/StateNet
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ID | Signed into law 04/2000 | P-12 | Amends existing law to provide that it shall be unlawful for any person to possess a firearm or other deadly or dangerous weapon while on the property of a school or other structure on school grounds being used for an activity sponsored through a school in this state; provides application to students of schools who are off school property; defines terms; provides for the search of students or minors; provides exceptions; provides penalties.
Title: H.B. 444
Source: Lexis-Nexis/StateNet
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TN | Signed into law 04/2000 | P-12 | Revises "zero tolerance" law on suspension or expulsion of students who commit certain offenses.
Title: H.B. 2679
Source: Lexis-Nexis/StateNet
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AZ | Signed into law 03/2000 | P-12 | Relates to suspension and expulsion of pupils; requires school districts to establish Alternative to Suspension Programs.
Title: S.B. 1466
Source: Lexis-Nexis/StateNet
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GA | Signed into law 03/2000 | P-12 | Relates to public school disciplinary tribunals; requires local school system receiving certain State education funds to suspend a student who commits any act of violence resulting in substantial injury to a teacher for the remainder of the school year; provides for a disciplinary hearing regarding the suspension to provide that such a student shall not be eligible for enrollment in public education programs.
Title: S.B. 401
Source: Lexis-Nexis/StateNet
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GA | Signed into law 03/2000 | P-12 | In-school suspension is eliminated as a separate program
Title: H.B. 1187
Source: Georgia Department of Education
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UT | Signed into law 03/2000 | P-12 | Relates to public schools; provides that a student, who has been expelled from school for a firearm, explosive, or flammable material violation, and the student's parent shall meet with the local school board superintendent or their designee within 45 days after the expulsion to determine what would be in the best interest of all parties regarding the student's schooling options.
Title: H.B. 245
Source: Lexis-Nexis/StateNet
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VA | Signed into law 03/2000 | P-12 | Clarifies that possession of weapons on school bus stops is grounds for expulsion from school attendance and constitutes a crime; clarifies that school property includes real property and vehicles owned or leased by a school or operated on behalf of a school.
Title: H.B. 464
Source: Lexis-Nexis/StateNet
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VA | Signed into law 03/2000 | P-12 | Directs local school boards to provide, within their respective standards for student conduct, for the suspension and expulsion of students for the use of profane or obscene language.
Title: H.B. 815
Source: Lexis-Nexis/StateNet
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MI | Signed into law 01/2000 | P-12 | Public Act 274; Relates to crimes; prohibits the consumption or possession of alcoholic liquor on school property; provides penalties.
Title: S.B. 246
Source: Lexis-Nexis/StateNet
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