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This law is graded a solid B (Missing, number 8, 9, 10, 11, and given 1/2 point for #6 - See grading) 1999 Georgia Laws, H.B. 84, Chap. 282 (O.C.G.A.
§ 20-2-751.4 and O.C.G.A. § 20-2-751.5.) Requires the implementation
of a character education program at all grade levels that is to include
methods of discouraging bullying and violent acts against fellow students.
Adds razor blade to the definition of weapon.
HB 84 HB 84/CSFA H. B. No. 84 (COMMITTEE SUBSTITUTE)(AM)
A BILL TO BE ENTITLED
To provide for matters relating to school safety and school violence; to amend Code Section 16-11-127.1 of the Official Code of Georgia Annotated, relating to prohibitions and criminal penalties for carrying weapons within school safety zones, at school functions, or on school property, so as to include razor blades within the definition of the term "weapon"; to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to require that the comprehensive character education program developed by the State Board of Education for elementary and secondary schools address methods to discourage bullying; to define a certain term; to require local boards of education to adopt policies that prohibit bullying of a student by another student and provide for the assignment of certain students to alternative schools; to provide for notification of students and parents of anti-bullying policies; to change certain provisions applicable to every county having a population of 100,000 or more according to the United States decennial census of 1980 or any future such census which empower a local board of education to authorize certain school security personnel to carry certain firearms or weapons and to make such provisions applicable state wide; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 16-11-127.1 of the Official Code of Georgia Annotated,
relating to prohibitions and criminal penalties for carrying weapons within
school safety zones, at school functions, or on school property, is amended
by striking in its entirety paragraph (2) of subsection (a) and inserting
in lieu thereof a new paragraph (2) of subsection (a) to read as follows:
(2) 'Weapon' means and includes any pistol, revolver, or any weapon designed or intended to propel a missile of any kind, or any dirk, bowie knife, switchblade knife, ballistic knife, any other knife having a blade of two or more inches, straight-edge razor, razor blade, spring stick, metal knucks, blackjack, any bat, club, or other bludgeon-type weapon, or any flailing instrument consisting of two or more rigid parts connected in such a manner as to allow them to swing freely, which may be known as a nun chahka, nun chuck, nunchaku, shuriken, or fighting chain, or any disc, of whatever configuration, having at least two points or pointed blades which is designed to be thrown or propelled and which may be known as a throwing star or oriental dart, or any weapon of like kind, and any stun gun or taser as defined in subsection (a) of Code Section 16-11-106. This section excludes any of these instruments used for classroom work authorized by the teacher." SECTION 2. Title 20 of the Official Code of Georgia Annotated, relating to education, is amended by striking in its entirety Code Section 20-2-145, relating to the comprehensive character education program for elementary and secondary schools, and inserting in lieu thereof a new Code Section 20-2-145 to read as follows: "20-2-145. The State Board of Education shall develop by the start of the 1997-1998 school year a comprehensive character education program for levels K-12. This comprehensive character education program shall be known as the 'character curriculum' and shall focus on the students' development of the following character traits: courage, patriotism, citizenship, honesty, fairness, respect for others, kindness, cooperation, self-respect, self-control, courtesy, compassion, tolerance, diligence, generosity, punctuality, cleanliness, cheerfulness, school pride, respect for the environment, respect for the creator, patience, creativity, sportsmanship, loyalty, perseverance, and virtue. Such program shall also address, by the start of the 1999-2000 school year, methods of discouraging bullying and violent acts against fellow students. Local boards may implement such a program at any time and for any grade levels, and the state board shall encourage the implementation of such plan." SECTION 3. Said title is further amended in Subpart 2 of Part 2 of Article 16 of Chapter 2, relating to public school disciplinary tribunals, by adding a new Code Section 20-2-751.4 to read as follows: "20-2-751.4. (a) As used in this Code section, the term 'bullying' means: (1) Any willful attempt or threat to inflict injury on another person, when accompanied by an apparent present ability to do so; or (2) Any intentional display of force such as would give the victim reason to fear or expect immediate bodily harm. (b) Each local board of education shall adopt policies, applicable to students in grades six through 12, that prohibit bullying of a student by another student and shall require such prohibition to be included in the student code of conduct for middle and high schools in that school system. Local board policies shall require that, upon a finding that a student has committed the offense of bullying for the third time in a school year, such student shall be assigned to an alternative school. Each local board of education shall ensure that students and parents of students are notified of the prohibition against bullying, and the penalties for violating the prohibition, by posting such information at each middle and high school and by including such information in student and parent handbooks. (c) Any school system which is not in compliance with the requirements
of this Code section shall be ineligible to receive state funding pursuant
to Code Sections 20-2-161 20-2-260. The requirements of this Code section
shall apply notwithstanding any contrary provision of Code Section 20-2-751.3."
SECTION 4. Said title is further amended in Code Section 20-8-5, relating to law enforcement powers of school security personnel, by striking subsection (d) and inserting in its place a new subsection (d) to read as follows: (d) In every county having a population of 100,000 or more according to the United States decennial census of 1980 or any future such census, School security personnel who are certified by the Georgia Peace Officer Standards and Training Council may be authorized by a local board of education to carry a standard issue firearm or weapon generally used for law enforcement purposes for the purpose of carrying out law enforcement duties." SECTION 5. This Act shall become effective on July 1, 1999. SECTION 6. All laws and parts of laws in conflict with this Act are repealed.
2002 Acts, SB 291 Expands education code to include the following offenses: verbal or physical assault, battery or disrespectful conduct directed at teachers, administrators, bus drivers and other school personnel, students or anyone attending school-related function or in a school vehicle. Requires student codes of conduct to include provisions governing conduct on public school buses. Prohibits students from physical violence, bullying, physical or verbal assault or battery on the school bus; bans disrespectful conduct toward the school bus driver or anyone on the school bus. Directs that students found by a tribunal to have committed an act of physical violence against a teacher, bus driver, school official, or school employee is expelled from the public school system for the remainder of the student's eligibility to attend public school. Allows the local board to permit the student to attend an alternative education program for the period of the student's expulsion. SENATE BILL NO. 291 Student Discipline Procedures, Penalties; violent acts; unruly behavior on school bus; reward 05/16/2002 Signed by Governor AS PASSED
To amend Chapter 2 of Title 20 of the Official Code Annotated, relating to primary and secondary education, so as to require student codes of conduct to include provisions governing conduct on public school buses; to provide for the contents and review of such provisions; to delete an obsolete provision relating to previous review; to change provisions relating to penalties for students who commit certain acts of physical violence and tribunals for certain alleged acts of physical violence; to provide for the application of certain disciplinary policies to children in kindergarten through grade five; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, is amended by striking Code Section 20-2-751.5, relating to student codes of conduct, and inserting in lieu thereof the following: "20-2-751.5. (a) Each student code of conduct shall contain provisions that address the following conduct of students during school hours and at school related functions, in a manner that is appropriate to the age of the student: (1) Verbal assault of teachers, administrators, and other school
personnel;
(b)(1) Each student code of conduct shall include comprehensive and specific provisions prescribing and governing student conduct and safety rules on all public school buses. The specific provisions shall include but not be limited to: (A) Students shall be prohibited from acts of physical violence as defined by Code Section 20-3-751.6, bullying as defined by subsection (a) of Code Section 20-3-751.4, physical assault or battery of other persons on the school bus, verbal assault of other persons on the school bus, disrespectful conduct toward the school bus driver or other persons on the school bus, and other unruly behavior; (B) Students shall be prohibited from using any electronic devices during the operation of a school bus, including but not limited to cell phones; pagers; audible radios, tape or compact disc players without headphones; or any other electronic device in a manner that might interfere with the school bus communications equipment or the school bus driver´s operation of the school bus; and (C) Students shall be prohibited from using mirrors, lasers, flash cameras, or any other lights or reflective devises in a manner that might interfere with the school bus driver´s operation of the school bus. (2) If a student is found to have engaged in physical acts of violence as defined by Code Section 20-3-751.6, the student shall be subject to the penalties set forth in such Code section. If a student is found to have engaged in bullying as defined by subsection (a) of Code Section 20-3-751.4 or in physical assault or battery of another person on the school bus, the local school board policy shall require a meeting of the parent or guardian of the student and appropriate school district officials to form a school bus behavior contract for the student. Such contract shall provide for progressive age-appropriate discipline, penalties, and restrictions for student misconduct on the bus. Contract provisions may include but shall not be not limited to assigned seating, ongoing parental involvement, and suspension from riding the bus. This subsection is not to be construed to limit the instances when a school code of conduct or local board of education may require use of a student bus behavior contract. (3) No later than August 15, 2002, each local board of education shall send to the State Board of Education a copy of the provisions of its student code of conduct that address the items identified in paragraphs (1) and (2) of this subsection. The state board shall review such provisions to ensure that each of the items identified in paragraphs (1) and (2) of this subsection is addressed and shall notify a local board of education, no later than October 15, 2002, of any items which are not addressed in its submission to the state board. Nothing in this subsection shall be construed as authorizing or requiring the state board to review or approve the substance of the student code of conduct. (c) Any student handbook which is prepared by a local board or school shall include a copy or summary of the student code of conduct for that school or be accompanied by a copy of the student code of conduct for that school. If a student handbook contains a summary of the student code of conduct, then a full copy of the student code of conduct shall be made available for review at the school. When distributing a student code of conduct, a local school shall include a form on which the student´s parent or guardian may acknowledge his or her receipt of the code, and the local school shall request that the form be signed and returned to the school." SECTION 2. Said chapter is further amended by striking Code Section 20-2-751.6, relating to disciplinary policy for students committing acts of physical violence against teachers, and inserting in lieu thereof the following: "20-2-751.6. (a) As used in this Code section, the term 'physical violence' means: (1) Intentionally making physical contact of an insulting or provoking nature with the person of another; or (2) Intentionally making physical contact which causes physical harm to another unless such physical contacts or physical harms were in defense of himself or herself, as provided in Code Section 16-3-21. (b) Local board of education policies and student codes of conduct shall provide for the penalties to be assessed against a student found by a tribunal to have committed any act of physical violence against a teacher, school bus driver, or other school official or employee. The local board shall appoint a tribunal to hold a disciplinary hearing pursuant to Code Section 20-2-754 regarding the alleged act of physical violence and penalty. Any student alleged to have committed an act of physical violence shall be suspended pending the hearing by the tribunal. The tribunal shall be composed of three teachers or certificated education personnel, appointed by the local school board. The tribunal shall determine all issues of fact and intent and shall submit its findings and recommendations to the local school board for imposition of punishment in accordance with this Code section. If appropriate under paragraph (1) of subsection (c) of this Code section, the tribunal´s recommendations shall include a recommendation as to whether a student may return to public school and if return is recommended, a recommended time for the student´s return to public school. The local school board may follow the recommendations of the tribunal or impose penalties not recommended by the tribunal. (c)(1) A student found by a tribunal to have committed an act of physical violence as defined in paragraph (2) of subsection (a) of this Code section against a teacher, school bus driver, school official, or school employee shall be expelled from the public school system. The expulsion shall be for the remainder of the student´s eligibility to attend public school pursuant to Code Section 20-2-150. The local school board at its discretion may permit the student to attend an alternative education program for the period of the student´s expulsion. If the student who commits an act of physical violence is in kindergarten through grade eight, then the local school board at its discretion and on the recommendation of the tribunal may permit such a student to reenroll in the regular public school program for grades nine through 12. If the local school board does not operate an alternative education program for students in kindergarten through grade six, the local school board at its discretion may permit a student in kindergarten through grade six who has committed an act of physical violence as defined in paragraph (2) of subsection (a) of this Code section to reenroll in the public school system; (2) Any student who is found by a tribunal to have committed an act of physical violence against a teacher, school bus driver, school official, or school employee as defined in paragraph (2) of subsection (a) of this Code section shall be referred to juvenile court with a request for a petition alleging delinquent behavior; and (3) Any student who is found by a tribunal to have committed an act of physical violence as defined in paragraph (1) of subsection (a) of this Code section against a teacher, school bus driver, school official, or school employee may be disciplined by expulsion, long-term suspension, or short-term suspension. (d) The provisions of Code section shall apply with respect to any local school system which receives state funding pursuant to Code Sections 20-2-161 and 20-2-260. (e) Nothing in this Code section shall be construed to infringe on any right provided to students with Individualized Education Programs pursuant to the federal Individuals with Disabilities Education Act, Section 504 of the federal Rehabilitation Act of 1973, or the federal Americans with Disabilities Act of 1990." SECTION 3. Said chapter is further amended by striking subsection (a) of Code Section 20-2-759, relating to the application of certain disciplinary policies to children in kindergarten through grade five, and inserting in lieu thereof the following: "20-2-759. (a) Except as otherwise expressly provided in this subpart, this subpart shall not apply to children in kindergarten through elementary grade five. (b) The local school superintendent shall determine the disciplinary actions or proceedings for children exempt from this subpart under subsection (a) of this Code section." SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
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