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2002 SESSION

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HB 971 Zero tolerance policies in public schools.

Introduced by: Dwight Clinton Jones | all patrons    ...    notes | add to my profiles

SUMMARY AS INTRODUCED:

Zero tolerance policies in public schools. Revises various student expulsion statutes to require school boards to promulgate guidelines for determining what constitutes special circumstances in expulsion cases involving weapons or drugs for expulsions issued for drug violations. The guidelines must include consideration of the (i) nature and seriousness of the violation; (ii) the degree of danger to the school community; (iii) student's disciplinary history, including the seriousness and number of previous infractions; (iv) appropriateness and availability of an alternative education placement or program; (v) student's age and grade level; (vi) results of any mental health, substance abuse, or special education assessments; (viii) student's attendance and academic records; and (viii) such other matters as are deemed appropriate.

Currently, these factors are to be considered in expulsion cases other than those involving the "drug-free" and federal Gun-Free Schools provisions.

The Gun-Free statutes, while "requiring" expulsion for the specified offenses, grant school administrators the discretion to determine that "special circumstances exist and [that] no disciplinary action or another disciplinary action or term of expulsion is appropriate." Similarly, the drug-free statute cites "special circumstances"; however, while it permits the recommendation of another disciplinary action, it does not include the "no disciplinary action" option.


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