Bill Text: GA HB668 | 2009-2010 | Regular Session | Introduced
Bill Title: Elementary and secondary education; local board reassign bullying student; authorize
Spectrum: Moderate Partisan Bill (Republican 5-1)
Status: (Introduced - Dead) 2009-03-09 - House Second Readers [HB668 Detail]
Download: Georgia-2009-HB668-Introduced.html
09 LC 33
2835
House
Bill 668
By:
Representatives Sheldon of the
105th,
Coleman of the
97th,
Cox of the
102nd,
Carter of the
175th,
Floyd of the
99th,
and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Part 2 of Article 16 of Chapter 2 of Title 20 of the Official Code of
Georgia Annotated, relating to discipline of students in elementary and
secondary education, so as to authorize a local board of education to reassign a
bullying student to another school to separate the student from his or her
victim; to provide for immediate notification of law enforcement officials when
a student commits an alleged physical assault or battery on another student or
on a teacher, school administrator, or other school personnel; to authorize a
hearing officer, tribunal, panel, superintendent, or local board of education to
reassign a student who has committed certain acts to another school to separate
the student from his or her victim; to provide for related matters; to repeal
conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Part
2 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia
Annotated, relating to discipline of students in elementary and secondary
education, is amended by revising subsection (b) of Code Section 20-2-751.4,
relating to bullying, as follows:
"(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;
provided, however, that a local board of education shall be authorized at its
sole discretion to assign a student that has committed any offense of bullying
to an alternative school or to a school outside the bully's attendance area at
any time for the purpose of separating the student from his or her
victim. 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."
SECTION
2.
Said
part is further amended by revising Code Section 20-2-756, relating to reports
to law enforcement officials, as follows:
"20-2-756.
(a)
The school administration, disciplinary hearing officer, panel, tribunal of
school officials, or the local board of education may, when any alleged criminal
action by a student occurs, report the incident to the appropriate law
enforcement agency or officer for investigation to determine if criminal charges
or delinquent proceedings should be initiated.
The school
administration shall immediately notify the appropriate law enforcement agency
when a student has allegedly committed a physical assault or battery of another
student or of a teacher, school administrator, or other school
personnel.
(b)
No individual reporting any incident under this subpart to a law enforcement
agency or officer shall be subject to any action for malicious prosecution,
malicious abuse of process, or malicious use of process."
SECTION
3.
Said
part is further amended by revising Code Section 20-2-768, relating to expulsion
or suspension of students for felonies, as follows:
"20-2-768.
(a)
Each local board of education is authorized to refuse to readmit or enroll any
student who has been suspended or expelled for being convicted of, being
adjudicated to have committed, being indicted for, or having information filed
for the commission of any felony or any delinquent act under Code Section
15-11-28 which would be a felony if committed by an adult. If refused
readmission or enrollment, the student or the student's parent or legal guardian
has the right to request a hearing pursuant to the procedures provided for in
Code Section 20-2-754.
(b)
A hearing officer, tribunal, panel, superintendent, or local board of education
shall be authorized to place a student denied enrollment in a local school
system under subsection (a) of this Code section in an alternative educational
system as appropriate and in the best interest of the student and the education
of other students within the school
system or in a
school outside the student's attendance area for the purpose of separating the
student from another student in the event that such other student was the victim
of the felony or delinquent act referenced in subsection (a) of this Code
section.
(c)
It is the policy of this state that it is preferable to reassign disruptive
students to alternative educational settings rather than to suspend or expel
such students from school."
SECTION
4.
All
laws and parts of laws in conflict with this Act are repealed.