Safe and Drug-Free Schools

Alaska

Last Updated: 1/5/2009

Statute 14.33.120 (2001) requires each governing body to adopt a written school disciplinary and safety program that must include standards for and related to student behavior and safety policies. The program must also contain procedures for periodic review and revision of the program. The purpose of a school disciplinary and safety program is found in Statute 14.33.110 (2000).

Statute 14.30.045 (1995) allows a child to be suspended from or denied admission to a public school for behavior that is "inimicable to the welfare, safety, or morals of other pupils or a person employed or volunteering at the school."
 
Statute 14.33.140 (2000) exempts any teacher, teacher's assistant, a principal, or another person responsible for students from civil damages resulting in the enforcement of the approved school disciplinary and safety program.
 
Fighting/Gangs: Statute 14.33.120 requires each governing body to adopt a written school disciplinary and safety program that must include procedures for implementing a student conflict resolution strategy.
 
Weapons: Statute 14.03.160 requires a minimum of a 30 day suspension for students possessing a deadly weapon on school grounds and a 1 calendar year expulsion for students possessing a firearm.
 
Drugs and Alcohol: No state policy.
 
Collaboration with Law Enforcement: Statute 14.33.050 (1974) allows the department or a school board to request assistance in the training and control of safety patrols from the state troopers or the police department.
 
Statute 14.33.130 (2000) requires any teacher or another person responsible for students observes a student committing a crime, the teacher shall report the crime to the local law enforcement agency.
 
Statute 14.33.100 (1999) requires each district to develop a model school crisis response plan in consultation with local social service agencies and local law enforcement authorities. 

Alabama

Last Updated: 7/12/2009

HB199 (2009) requires requires each local board of education to adopt a comprehensive school safety plan for each school under the authority of the board. The plan must include a protocol and procedures for addressing serious threats to the safety of school property, students, employees, or administrators and for responding to any emergency events that compromise the safety of school property, students, and employees.

Weapons
:
The State Board of Education's Resolution on Adopting Policy on Safe and Drug-free Schools (1995) directs all local boards to develop and enforce policies that address weapons in order to protect all students and school employees under their jurisdiction. Code 16-1-24.1 states that the State Board of Education shall adopt and all local boards of education shall uniformly enforce policies that protect all students and school employees. The State Board of Education shall require local school systems to modify their policies, practices or procedures so as to ensure a safe school environment free of illegal drugs, alcohol, or weapons.

Code 16-1-24.3 (1995) instructs local boards of education to develop and implement policies and procedures requiring the expulsion of students who have brought or possess a firearm in a school building, on school grounds, on school buses, or at other school-sponsored functions for a period of one year. This statute also requires the principal to notify appropriate law enforcement authority when such action has taken place, as well as the parents of students who violate the firearms-free school environment policy.

Drugs and Alcohol: Code 16-1-24.1 requires the State Board of Education and all local boards of education to adopt and enforce policies, practices or procedures that ensure a safe school environment free of illegal drugs, alcohol, or weapons.

Collaboration with Law Enforcement: Code 16-1-24.1 requires the principal to notify appropriate law enforcement officials when any person violates policies concerning drugs, alcohol, weapons, physical harm to a person, or threatened physical harm to a person. Code 16-1-24.3 also requires school principals to notify appropriate law enforcement authority when there is a violation of the prohibition of firearms being brought to or possessed by students at schools. HB199 (2009) requires each local board to grant access to schools outside of student instructional hours to law enforcement and fire department personnel to enable them to prepare for responding to threats and emergency events affecting the school.


Arkansas

Last Updated: 12/28/2013

Code 6-15-1005 (1997) requires every school and district to enforce policies, which include weapons, violence, tobacco, alcohol, other drugs, gangs, and sexual harassment, that ensure the safety of every student during school hours at school-sponsored activities.

In addition, Code 6-15-1301 (2003) requires the department of education to create a Safe Schools Committee to develop model policies and procedures that ensure a safe and productive learning environment for students and school employees and provide emergency plans for terrorist attacks. 

Fighting/Gangs: Code 6-15-1005 ensures that every school and district will enforce school district policies for the safety of every student during school hours at school-sponsored events from gangs.

Code 6-18-503 (1995) requires each school district to develop written student discipline policies in compliance with the guidelines established by the Department of Education in Code 6-18-502 (2001). The guidelines suggest that student discipline policies include the offense of willfully and intentionally assaulting or threatening to assault or abuse any student or teacher, principal, superintendent, or other employee of a school system. The policies shall also prescribe minimum and maximum penalties for violations of the offense. Written notification must also be provided to all parents and students of the district's student discipline policies and teachers and administrators, as well as other school employees and volunteers must receive appropriate student discipline training.

Weapons: Code 6-18-503 requires each school district to develop written student discipline policies in compliance with the guidelines established by the Department of Education in Code 6-18-502. The guidelines suggest that student discipline policies shall include the offense of possession by students of any firearm or other weapon prohibited upon the school campus by law or by policies adopted by the school board. The policies shall also prescribe expulsion from school for a period of not less than 1 year for possession of any firearm or other weapon prohibited upon the school campus by law. Written notification must also be provided to all parents and students of the district's student discipline policies and teachers and administrators, as well as other school employees and volunteers must receive appropriate student discipline training.

Code 6-18-507 (1999) requires the principal of each school to report within a week to the department [of education] information identifying any student who is expelled for possessing a firearm or other prohibited weapon on school property. 

Drugs and Alcohol: Code 6-18-503 requires each school district to develop written student discipline policies in compliance with the guidelines established by the Department of Education in Code 6-18-502, which include using, offering for sale, or selling beer, alcoholic beverages, or other illicit drugs by students on school property".

Collaboration with Law Enforcement: No state policy.


Arizona

Last Updated: 10/6/2008

Fighting/Gangs: No state policy.

Weapons: ARS 15-341 requires the governing board to prescribe and enforce policies and procedures that prohibit a person from carrying or possessing a weapon on school grounds, unless the person is a peace officer or has specific authorization from the school administrator.

ARS 13-3102 (no date available) states that any person who possess a deadly weapon on public or nonpublic school grounds is guilty of misconduct involving weapons, which is at least a class I misdemeanor. Exceptions to this law are in cases where prior approval for a school programs is granted or when a firearm is not loaded and that is carried within a means of transportation under the control of an adult, provided that if the adult leaves the means of transportation the firearm must not be visible from outside the means of transportation and said transportation must be locked.

ARS 15-841 (no date available) states that a pupil may be expelled for displaying or using a dangerous instrument or deadly weapon as well as using or possessing a gun.

Drugs and Alcohol: ARS 15-345 (no date available) allows the "school district governing board [to] adopt chemical abuse prevention policies and procedures in consultation with pupils, school district personnel and members of the community, including parents and local law enforcement agencies".

Collaboration with Law Enforcement: ARS 15-155 (no date available) states, "The department of education shall cooperate with the county school superintendent, the county sheriff, and the local chief of police to permit a law enforcement agency, with the consent of the school, to assign a peace officer to participate in the safe schools program in each school in the county".

ARS 15-341 requires the governing board in conjunction with local law enforcement agencies and medical facilities to develop an emergency response plan for each school within the district.


California

Last Updated: 3/28/2012

Education Code 32280 (2003) requires all K-12 public schools to develop strategies for a comprehensive school safety plan that aims to prevent potential incidences of violence on the school campus. Education Code 32281 (2003) assigns each school district the responsibility of developing the plan in consultation with law enforcement officials. Education Code 32282 (2004) further requires the plan to include a safe and orderly environment conducive to learning at school.

Education Code 233 (2000) calls for the State Board of Education to adopt policies that aim to create a school environment for grades K-12 that is free from discriminatory attitudes and practices and acts of hate violence. Similarly, Education Code 35183 (2003) declares that students and staff have the constitutional right to be safe and secure at school.

The Legislature declares in Education Code 32261 (2011) that every pupil enrolled in the state has the "inalienable right" to attend safe, secure, and peaceful classes on school campuses. The Legislature establishes an interagency coordination system to resolve school and community problems of violence, including truancy, crime, vandalism, drug and alcohol abuse, gang membership, gang violence, and hate crimes. It encourages schools to implement strategies, in-service training programs, and activities that will improve school attendance and reduce school crime and violence, including vandalism, drug and alcohol abuse, gang membership, gang violence, hate crimes, bullying, including bullying committed personally or by means of an electronic act, teen relationship violence, and discrimination and harassment, including, but not limited to, sexual harassment.

Fighting/Gangs: Although the state does not have a specific policy addressing fighting or gang violence in schools, Education Code 32280 (2003) requires a comprehensive school safety plan that aims to prevent crimes and violence in schools. In addition, Education Code 32282 (2004) requires schools to include a provision in their comprehensive school safety plan that prohibits students from wearing "gang-related apparel," if the school has adopted this type of dress code. The Legislature declares in Education Code 35183 (2003) that "gang-related apparel" is hazardous to the health and safety of the school environment. Further, the adoption of a school-wide uniform policy may protect students from being associated with any particular gang and would save time for administrators and teachers from having to learn the subtleties of gang regalia. 

Weapons: Education Code 48915 (2001) requires that school principles or district superintendents recommend expulsion of any student possessing a knife or other dangerous object of no reasonable use to the student.

Collaboration with Law Enforcement: Education Code 32281 (2003) assigns the responsibility for the development of the comprehensive school safety plan to local districts through school site councils. The council is to consult with representatives from a law enforcement agency in the writing and developing of the plan.

Education Code 32262 (2003) establishes the School/Law Enforcement Partnership. The partnership includes the superintendent of instruction and the attorney general who are responsible for administering a safe schools program and all training, procedures, and activities; and cooperating with other states as well as state and federal agencies on matters relating to school safety.

Education Code 32270 (2003) establishes a statewide school safety cadre to facilitate interagency coordination and collaboration among school districts, youth-serving agencies, community-based organizations, and law enforcement agencies to improve school attendance, encourage good citizenship, and reduce school violence, crimes, gang membership and violence, truancy, bullying, and discrimination and harassment.


Colorado

Last Updated: 10/25/2011

Statute 22-32-109.1 (2006)requires district boards to adopt and implement a safe school plan. It also requires the principal of each public school to provide a written report to the board of education specifying the number of conduct and code violations. The categories of violations are outlined in the statute.

Fighting/Gangs: Statute 22-32-109.1 (2006) requires district boards of education to adopt policies concerning gang-related activities in the school, on school property, in school vehicles, and at school activities or sanctioned events. This statute also requires district boards of education to adopt policies and procedures for dealing with students who cause disruption in the classroom, on school grounds, in school vehicles, or at school activities or sanctioned events. These policies must also allow teacher to remove such students from their classroom. A third offense results in removal from the class for the remainder of the term of the class. Policies and procedures for use of reasonable and appropriate acts of physical intervention for dealing with disruptive students are also required.

Weapons: Statute 22-32-109.1 requires district boards of education to adopt policies prohibiting students from bringing dangerous weapons to school, on school grounds, in school vehicles, or to school activities or sponsored events.

Drugs and Alcohol: Statute 22-32-109.1 requires district boards of education to adopt policies prohibiting students from brining drugs or other controlled substances to school, on school grounds, in school vehicles, or to school activities or sanctioned events and from using drugs and other controlled substances on school grounds, in school vehicles, or at school activities or sanctioned events.

Collaboration with Law Enforcement: Statute 22-32-109.1 requires district boards of education to cooperate and develop written agreements with law enforcement officials, the juvenile justice system, and social services. This statute also recommends school districts work with local law enforcement in developing internet safety curriculum.


Connecticut

Last Updated: 10/25/2011

The State Board of Education's Position Statement on Creating a Healthy  Learning Environment that is Physically, Emotionally and Intellectually Safe (2010) states that school districts should "develop and implement policies and procedures that assist all staff and administrators in creating safe and healthy learning environments that address the needs of every student. Furthermore, boards of education must ensure compliance with all health and safety regulations, per Statute Chapter 169 Section 10-203 (1996) in order to provide a safe school environment. The State Board of Education's Position Statement on Student Support Services (2001) states that school districts should promote a positive school climate where individuals feel safe, supported, and connected while reducing risky behaviors.

Fighting/Gangs: Statutes Chapter 170 Section 10-233c (1998) and Section 10-233d(2001)state that suspension and expulsion proceedings determining whether a student's behavior was seriously disruptive may take into consideration gang involvement. 

Weapons: Statute Chapter 170 Section 10-233d states that a student who possesses a firearm, deadly weapon, dangerous instrument, or martial arts weapon on school grounds, at a school sponsored activity, or in the commission of a crime off school grounds is subject to at least one year's expulsion. Notice of such an expulsion shall not be expunged from the student's cumulative educational record upon the pupil's graduation from high school. Statute Chapter 170 Sec. 10-233c state that suspension proceedings determining whether a student's behavior was seriously disruptive may take into consideration the unlawful use of a weapon.

Drugs and Alcohol: Statute Chapter 170 Section 10-221 (2003) requires each local and regional board of education [to] develop, adopt and implement policies and procedures dealing with the use, sale or possession of alcohol or controlled drugs by public school students on school property.

Statutes Chapter 170 Section 10-233c and Section 10-233d state that suspension and expulsion proceedings determining whether a student's behavior was seriously disruptive may take into consideration the involvement of alcohol. 

Collaboration with Law Enforcement: Statute Chapter 170 Section 10-221 requires local and regional board of education to have policies and procedures dealing with the use, sale or possession of alcohol or controlled drugs by public school students on school property, including a process for coordination with, and referral of such students to, appropriate agencies and cooperating with law enforcement officials.


District of Columbia

Last Updated: 4/28/2013

Fighting/Gangs: Section B2502.3 of Chapter B25 of Title 5 in the D.C. Municipal Regulations (DCMR) (2009) specifies that “engaging in behavior that demonstrates Gang/neighborhood crew affiliation (displaying clothing or gestures associated with Gangs) and fighting where there is no injury and no weapon” as a Tier III behaviors that, in addition to lesser consequences, may result in either on-site or off-site Suspension.

Section B2502.4 of Chapter B25 of Title 5 in the D.C. Municipal Regulations (DCMR) (2009) specifies that “fighting which creates substantial risk of or results in minor injury; and inciting others to violence or disruption” as a Tier IV that will result in off-site Suspension.  

Section B2502.5 of Chapter B25 of Title 5 in the D.C. Municipal Regulations (DCMR) (2009) specifies “assault or physical attack on student or staff; fighting which results in a serious physical injury; participating in a group fight which has been planned, causing major disruption to school day or results in substantial bodily injury; and deliberate acts that cause severe physical injury to another person(s)” as Tier V behaviors that will result in off-site Suspension or Expulsion.

Weapons: Section B2502.3 of Chapter B25 of Title 5 in the D.C. Municipal Regulations (DCMR) (2009) specifies “possession of tools or instruments which school administrators deem could be used as weapons; and fighting where there is no injury and no weapon” as a Tier III behaviors that, in addition to lesser consequences, may result in either on-site or off-site Suspension.

Section B2502.4 of Chapter B25 of Title 5 in the D.C. Municipal Regulations (DCMR) (2009) specifies “possession of a weapon or replica or imitation of a weapon (including water guns), other than weapons subject to the requirements of the Gun-Free Schools Act; and using an article that is not normally considered a weapon to intimidate or threaten another individual” as a Tier IV that will result in off-site Suspension.  

Section B2502.5 of Chapter B25 of Title 5 in the D.C. Municipal Regulations (DCMR) (2009) specifies “using an article that is not normally considered a weapon to injure another individual; threatened use, or transfer of any weapon; Use, Possession, or bringing to school a loaded or unloaded firearm, as defined in 18 U.S.C. § 921 (2000), including but not limited to pistols, blank pistols, starter pistols, revolvers, rifles, and shotguns; any behavior that violates the Gun-Free Schools Act; and assault with a weapon” as Tier V behaviors that will result in off-site Suspension or Expulsion. It also provides a specific list of items that are considered weapons.

Drugs and Alcohol: Section B2502.3 of Chapter B25 of Title 5 in the D.C. Municipal Regulations (DCMR) (2009) specifies “possession or use of tobacco; use of alcohol; use of marijuana, controlled dangerous substances, imitation controlled substances, inhalants, other intoxicants, or drug paraphernalia; and unauthorized Possession, Use, or Distribution of over-the-counter medication” as a Tier III behaviors that, in addition to lesser consequences, may result in either on-site or off-site Suspension.

Section B2502.5 of Chapter B25 of Title 5 in the D.C. Municipal Regulations (DCMR) (2009) specifies “selling or distribution of marijuana, prescription drugs, controlled dangerous substances, imitation controlled substances, inhalants, other intoxicants, controlled or drug paraphernalia; the possession or distribution of alcohol; the possession of drug paraphernalia or controlled substance, irrespective of the amount or type, pursuant to the criminal statutes of the District of Columbia, codified at D.C. Official Code § 48-1101 et seq. (2001)” as Tier V behaviors that will result in off-site Suspension or Expulsion.


Delaware

Last Updated: 5/11/2009

Administrative Code 14:605 (2003) requires all school districts and charter schools to have their own policies on student rights and responsibilities, based on the Department of Education's Guidelines for the Development of District Policies on Student Rights and Responsibilities (1988). These guidelines grant school officials authority to maintain an orderly and safe educational environment.

Fighting/Gangs:No state policy.

Weapons: Administrative Code 14:605 requires all school districts and charter schools to have their own policies on student rights and responsibilities, which must comply with Administrative Code 14:603 (2003). This statute requires each school district and charter school requesting assistance under the Elementary and Secondary Education Act to have a written policy requiring students who have brought a firearm to school, or possessed a firearm at school, to be expelled for at least one year.

Code 14:4112 and Administrative Code 14:601 require the reporting of the possession of weapons on school property or at a school function by school employees to the principal, who then reports to the police and the Department of Education. 

Drugs and Alcohol: Administrative Code 14:612 (2003) states, in all public school districts, The possession, use and/or distribution of alcohol, a drug, a drug-like substance, a look-alike substance and/or drug paraphernalia are wrong and harmful to students and are prohibited within the school environment". All the items listed, when found, are to be turned over to the principal or designee for documentation and turned over to the police when required by law.

Each district must also have a policy on file that is periodically updated. The policy must contain provisions for: parent notification of the state and district policies, a statement that all policies apply to all students equally except in respect for students with disabilities, written procedures for reporting incidents to the police and parents or guardians while maintain confidentiality, written evidence storage and documentation procedures, a written policy on search and seizure, a program of assistance for students with counseling and referral to services, a discipline policy which contains minimum penalties as defined in this Code, and a policy for dealing with cases involving drug-like or look-alike substances for establishing intent to use, possess, or distribute.

Collaboration with Law Enforcement: Administrative Code 14:601 requires all local school districts, charter schools, and alternative schools or consortia to establish a policy on school/police relations, resulting in a Memorandum of Agreement with each police department which provides services to said schools.


Florida

Last Updated: 3/31/2013

Statute 1002.20(23) (2012) requires public school classrooms to be orderly and disciplined, conducive for students to learn without the distraction caused by disobedient, disrespectful, violent, abusive, uncontrollable, or disruptive students.

Statute 1006.07 (6)(2010) requires district school boards to “use the Safety and Security Best Practices developed by the Office of Program Policy Analysis and Government Accountability to conduct a self-assessment of the school districts’ current safety and security practices. Based on these self-assessment findings, the district school superintendent shall provide recommendations to the district school board which identify strategies and activities that the district school board should implement in order to improve school safety and security. Annually each district school board must receive the self-assessment results at a publicly noticed district school board meeting to provide the public an opportunity to hear the district school board members discuss and take action on the report findings. Each district school superintendent shall report the self-assessment results and school board action to the commissioner within 30 days after the district school board meeting.”

The district school board is required to maintain a student code of conduct according to Statutes 1003.02 (2012) and 1006.07 (2) (2012) and to adopt a zero tolerance policy for crime and victimization of students according to Statute 1006.13 (2009). Statute 1006.11 (2012) mandates the State Board of Education to adopt standards for the use of reasonable force by school board personnel to maintain a safe, orderly learning environment.

Statute 1003.04 (2012) requires parents of students to cooperate with school district authority when students are removed from the classroom and the school bus and placed in alternative educational setting due to the student's disobedient, disrespectful, violent, abusive, uncontrollable, or disruptive behavior.

Statute 1006.145 (2012) subjects any person to school rules for anyone who commits a disturbance on school grounds or interrupts the orderly conduct of a school or any activity as a second degree misdemeanor. 

The Legislature has for many years provided an appropriation of over $75 million directly to school districts as a part of the Florida Education Finance Program (FEFP) to provide for Safe Schools activities. While there is no statutory language governing the use of these funds, provisional language in the annual appropriations act is provided each year. The 2010 Appropriations Act provided $67,133,784 for safe schools activities to include: after school programs for middle school students; other improvements to enhance the learning environment, including implementation of conflict resolution strategies; alternative school programs for adjudicated youth; suicide prevention programs; and other improvements to make the school a safe place to learn [Chapter 2010-152, Laws of Florida, Specific Appropriation 78, page 24].

Fighting/Gangs: Statute 1006.07(2)(g) (2012) requires the district school board to provide notice in the code of student conduct that prohibits violence against any district school board personnel by a student is subject for in-school suspension, out-of-school suspension, expulsion, or imposition of other disciplinary action by the school and may also result in the imposition of criminal penalties. The statute further requires district school boards to provide for the welfare of students by using the Safety and Security Best Practices  to conduct a self-assessment of the district's current safety and security practices. Based on these self-assessment findings, the district school superintendent must provide recommendations to the school board around strategies and activities that the district school board should implement in order to improve school safety and security. The statute also includes requirements for public report of the results and reporting to the commissioner.

Although the state does not have a policy that specifically addresses gang activity or membership in a school setting, statute 1006.14(6) (2012) deems it unlawful for any person, group, or organization whose membership is comprised of students enrolled in a public K-12 school to establish a fraternity, sorority, or other secret society or solicit others to join. 

Weapons: Statute 1006.07(2) (2011) requires that any student in possession or is determined to have brought a firearm or weapon while on school property, at any school function, or onto any school-sponsored transportation vehicle, will be expelled, with or without educational services for a minimum of 1 school year and will be referred to the criminal justice or juvenile justice system.

In addition, statute 1006.13(2) (2009) requires school districts to adopt a policy of zero tolerance for crime and victimization of students. The policy shall require that students who bring a firearm or weapon to school, to any school function, or onto any school-sponsored transportation or possessing a firearm at school be subject to expulsion not less than one full school year.

Drugs and Alcohol:  Statute 1006.07(2) (2011) requires district school boards to adopt a student code of conduct that includes consistent policies and specific grounds for disciplinary action, including in-school suspension, out-of-school suspension, expulsion, and any disciplinary action that may be imposed for the possession or use of alcohol on school property or while attending a school function or for the illegal use, sale, or possession of controlled substances.

Collaboration with Law Enforcement: Statute 1006.07(6) (2011) requires district school boards to provide for the welfare of students by using the Safety and Security Best Practices to conduct a self-assessment of the district's current safety and security practices. Based on these self-assessment findings, the district school superintendent must provide recommendations to the school board around strategies and activities that the district school board should implement in order to improve school safety and security. The statute also includes requirements for public report of the results and reporting to the commissioner.

Statute 1006.12 (2012) allows school boards to establish school resource officer programs in collaboration with law enforcement agencies. Resource officers must be certified law enforcement officer and is required to abide by school board policies. 

Statute 1006.13(3) (2009) requires each district to enter into agreement with the county sheriff's office and local police department specifying guidelines to ensure that acts that pose a serious threat to school safety, whether committed by a student or adult, are reported to a law enforcement agency. Statute 1013.13 (2011) requires the district school superintendent to provide to local law enforcement and the fire department a copy of the floor plans and other relevant documents for each educational facility in the district.


Georgia

Last Updated: 10/30/2011

Georgia Code 20-2-1185 (no date available) requires schools to adopt school safety plans to provide a safe learning environment for Georgia's children, teachers, and other school personnel.  State Board of Education Rule 160-4-8-.15 (2004) requires local boards to adopt policies that provide for age appropriate student codes of conduct to improve the student learning environment.

Fighting/Gangs: Georgia code 20-2-751.5 (no date available) and State Board of Education Rule 160-4-8-.15 requires local school boards to include in their student codes of conduct the prohibition of physical assault or battery of teachers, administrators, and other school personnel by students.

Weapons: State Board of Education Rule 160-4-8-.15 requires local school boards to include in their student codes of conduct the prohibition of weapons. Georgia Code 20-2-751.1 (no date available) requires local school boards to establish a policy requiring students guilty of bringing a weapon to school to be expelled for at least one calendar year. Georgia Code 16-11-127.1 (no date available) also states that it is unlawful for any person, unless specifically excepted in this statute, to carry or possess or have under their control any weapon or explosive compound while within 1,000 feet of any property owned or leased by any public or private school or at a school building, school function, on school property, or on a school bus or other transportation furnished by the school. Violation of this statute constitutes a felony punishable with a fine up to $10,000 and/or two to ten years imprisonment. If the violation involved a firearm, dangerous weapon, or machine gun, then the imprisonment punishment is amended to be between five and ten years. SB299 (2010) further clarifies this by defining what constitutes a violation as any weapon, as such term is defined in Code Section 16-11-127.1, together with an assault, a firearm as defined in paragraph (2) of subsection (a) of Code Section 16-11-131 or a dangerous weapon or machine gun as defined in Code Section 16-11-121.

State Board of Education Rule 160-4-7-.14 (2000) allows school personnel to order a change of placement of a student with a disability for not more than 45 days if the student carries or possesses a weapon to school or to a school function.

Drugs and Alcohol: State Board of Education Rule 160-4-8-.15 requires local school boards to include in their student codes of conduct the prohibition of the unlawful use or possession of illegal drugs or alcohol". State Board of Education Rule 160-4-7-.14 allows school personnel to order a change of placement of a student with a disability for not more than 45 days if the student knowingly possesses or uses illegal drugs or sells or solicits the sale of a controlled substance while at school or a school function.

Collaboration with Law Enforcement: Georgia Code 20-2-1185 requires collaboration with local law enforcement in adopting school safety plans.


Hawaii

Last Updated: 8/25/2009

State Board of Education Policy 4200 (1991) requires, "The Department of Education [to] provide a caring environment conducive to the physical, mental, social, and emotional well-being of students while they are participating in school activities". State Board of Education Policy 2290 (1998) reserves the right for every student to receive an education in a safe and orderly environment.

State Board of Education Policy 4201 (2002) states that it is the belief of the Board that public school staff should maintain an orderly, safe environment conducive to learning. State Board of Education Policy 1110-6 (1995) assigns the provision of a safe and healthy work and learning environment for all public school students, employees, and other persons under its jurisdiction as the Department of Education's fundamental responsibility.

Fighting/Gangs: Education Rule 8-19-6 prohibits assault and disorderly conduct by any student in the public school system during school hours, on school premises, or during department-supervised activities on or off school property. Violation of this policy constitutes a Class A offense in the case of assault and a Class B offense in the case of disorderly conduct. Education Rule 8-19-13 extends the same policy to summer school, violation resulting in dismissal from summer school. State Board of Education Policy 4201 allows school personnel to "quell a disturbance threatening physical injury to self or others.

State Board of Education Policy 4400 (1991) implements a zero-tolerance policy towards youth gangs in schools.

Weapons: HRS 302A-1134.6 (2000) implements a zero-tolerance policy, stating "Any child who possesses, sells, or uses a dangerous weapon or switchblade knife, while attending school or while attending department-supervised activities held on or off school property, may be excluded from attending school for up to ninety-two school days, as determined by the principal and approved by the superintendent or other individuals". HRS 302A-1134 (2003) also states that any child found in possession of a firearm shall be excluded from attending school for not less than one year.

Further, Education Rule 8-19-6 prohibits the possession or use of dangerous weapons or instruments and firearms by any student in the public school system during school hours, on school premises, or during department-supervised activities on or off school property. Violation of this policy constitutes a Class A offense. Violation of the firearm's policy results in the dismissal of the offending student for a period of at least one year. Violation of the dangerous weapons (including switchblade or any improperly used knife) policy results in exclusion from attending school for up to 92 school days. Education Rule 8-19-13 extends the same policy to summer school, violation resulting in dismissal from summer school.

State Board of Education Policy 4201 allows school personnel to "obtain possession of weapons or other dangerous objects which are within the control of a student."

Drugs and Alcohol: State Board of Education Policy 4220 (2005) requires the Department of Education "develop regulations and procedures for public schools in an effort to eliminate alcohol and drug use and distribution on their respective campuses. The regulations, guidelines, and procedures developed shall be scientifically based and within the confines of state statutes and constitutional compliance".

Education Rule 8-19-6 prohibits the possession, use, or sale of drug paraphernalia or illicit drugs by any student in the public school system during school hours, on school premises, or during department-supervised activities on or off school property. Violation of this policy constitutes a Class A offense. Education Rule 8-19-13 extends the same policy to summer school, violation resulting in dismissal from summer school.

Collaboration with Law Enforcement: State Board of Education Policy 1710-8 (1970) states that schools shall cooperate fully with law enforcement.


Iowa

Last Updated: 11/29/2010

The Department of Education's sample Policy on Student Bullying & Harassment states that, the school district is committed to providing all students with a safe and civil school environment in which all members of the school community are treated with dignity and respect". Further, Code 279.58 (2005) allows school districts to implement dress code policies if deemed necessary for the health, safety, or positive educational environment of students and staff in the school environment."

281 IAC 11.3(2) (2003) requires persistently dangerous schools" to review, and possibly implement a remedial plan for, their school safety plan and prevention activities, per PL 107-110 (2001). 281 IAC 11.4 (2003) also allows any student who is the victim of a violent crime in or on school ground to transfer to another, safe school within the district. Also, any student enrolled in a persistently dangerous school" has the right to transfer to a safe school within the district.

Fighting/Gangs: Code 723A.3 (2005) makes it a class C felony to solicit, recruit, entice, or intimidate a minor into joining a criminal street gang. Further, it is a class D felony to conspire to solicit, recruit, entice, or intimidate a minor into joining a criminal street. Code 279.58  allows school districts to implement dress code policies prohibiting the wearing of gang-related apparel.

281 IAC 12.3(6) requires school boards to adopt student responsibility and discipline policies, which must address violent, destructive, and seriously disruptive behavior. 

Weapons: 281 IAC 12.3(6) requires school boards to adopt student responsibility and discipline policies, which must address weapons. Code 280.21B (2005) conforms to the Federal Gun-Free Schools Act. Code 724.4B (2005) further prohibits any person to be armed with, carry, or transport any firearm, concealed or not, on public or nonpublic school grounds. Violation of this statute is a class D felony. Code 280.17B (2005) requires public and nonpublic schools to have procedures for continued involvement with and reintegration of a student suspended or expelled for possession of a dangerous weapon on school premises.

Drugs and Alcohol: 281 IAC 12.3(6) requires school boards to adopt student responsibility and discipline policies, which must address the use or possession of alcoholic beverages and controlled substances.  Code 279.9 Prohibits use or possession of tobacco, alcoholic beverages, or any controlled substance as defined in section 124.101, subsection 5, by any student of the schools and the board may suspend or expel a student for a violation of a rule under this section.

Code 280.24 (1997) requires the board of directors of each public school and the authorities in charge of each accredited nonpublic school [to] prescribe procedures to report any use or possession of alcoholic liquor, wine, or beer or any controlled substance on school premises to local law enforcement agencies, if the use or possession is in violation of school policy or state law". 

Collaboration with Law Enforcement: Code280.17A (2005) requires public and non-public schools to have procedures requiring school officials to report to local law enforcement agencies any dangerous weapon possessed on school premises". Code 280.25 (2005) also requires public and accredited nonpublic schools to adopt a policy, and the superintendent of each public school to adopt rules, which allow for the sharing of information contained within a student's permanent record pursuant to an interagency agreement with state and local agencies that are part of the juvenile justice system. Code 279.9B (1997) requires schools to notify juvenile courts of unexcused absences, suspensions or expulsions of students under court supervision or probation.


Idaho

Last Updated: 2/28/2013

Statute 33-1612 requires public schools in the districts to provide a safe environment conducive to learning. State Board of Education Administrative Rule 08.02.03.160 (2002) (page 33-34) elaborates further by stating districts must adopt policies and procedures encompassing school climate and violence prevention. This rule also requires school districts to have comprehensive policies and procedures that address violence prevention.

Fighting/Gangs: No state policy.
 
Weapons: No state policy.

Drugs and Alcohol
: No state policy.

Collaboration with Law Enforcement: No state policy.


Illinois

Last Updated: 10/6/2008

Public Act 94-0600 (HB 2693) (2005) creates the School Safety Drill Act that establishes minimum requirements and standards for public and private schools to follow when conducting school safety drills and when reviewing school emergency and crisis response plans.

Fighting/Gangs: No state policy.

Weapons: No state policy.

Drugs and Alcohol: 105 ILCS 5/10-21.4a (1997) requires " the principal to utilize resources of proper law enforcement agencies when the safety and welfare of students and teachers are threatened by illegal use of drugs and alcohol". 105 ILCS 5/10-21.10 (no date available) prohibits the use or possession of pocket pagers due to their connection with the possession, sale, delivery, and trafficking in drugs and other substances. 105 ILCS 5/10-22.10a (no date available) allows school boards to adopt policies to authorize school officials to enlist the aid of local law enforcement to conduct reasonable searches of school grounds and lockers for illegal drugs.

Collaboration with Law Enforcement105 ILCS 5/10-20.14 requires the parent-teacher advisory committee, in cooperation with local law enforcement agencies, to develop policy guideline procedures to establish and maintain a reciprocal reporting system between the school district and local law enforcement agencies regarding criminal offenses committed by students. 105 ILCS 5/10-22.10a allows school boards to adopt policies to authorize school officials to enlist the aid of local law enforcement to conduct reasonable searches of school grounds and lockers for illegal drugs.


Indiana

Last Updated: 11/30/2010

IC 5-2-10.1-12 (2006) requires each school to establish a safe school committee.  The committee, with assistance from the department of education and a school corporation's school safety specialist, is required to develop a plan for the school addressing unsafe conditions, crime prevention, school violence, bullying and other issues that prevent the maintenance of a safe school. The plan must also address professional development needs for staff in this area and methods to encourage involvement of the community and students, problem solving and development of relationships.

IC 20-34-2 requires each school to establish a drug-free schools committee.

The Indiana Unsafe School Choice Option (2003) allows public school students who are the victim of a violent criminal offense in or on school grounds immediately before, after, or during school hours, at a school-sponsored function, or on school-funded transportation to transfer to another safe school in the corporation, including a public charter school.

Act 1419 (2009) requires the Department of Education, in consultation with other agencies and parent organizations, to develop a model evidence based plan for improving discipline and behavior within schools. It also requires the governing body of each school corporation to work with parents to develop and review periodically an evidence based plan for improving student behavior and discipline after receiving a model plan developed by the Department.

Fighting/Gangs: Code 20-20-30-8 (2005) requires the department to establish the anti-gang counseling pilot program to provide financial assistance to participating school corporations to establish pilot projects designed to educate students and parents of the extent to which criminal gang activity exists in the school corporation's community, on the negative societal impact that criminal gangs have on the community; and on methods to discourage participation in criminal gangs.

Weapons: Code 20-33-8-16 (2005) allows a student who is identified as bringing a deadly weapon to school or on school property or in possession of a deadly weapon on school property to be expelled for a period of not more than one calendar year. A student brings a firearm or destructive device to school or on school property or possesses a firearm or destructive device on school property must be expelled for a period of at least one calendar year, with the return of the student to be at the beginning of the first school semester after the end of the one-year period.

Drugs and Alcohol: No specific state policy.

Collaboration with Law Enforcement: Code 20-33-9-13 (2005) requires any individual who has reason to believe that a school employee has received a threat or is the victim of intimidation to make an oral report of this information to local law enforcement.


Kansas

Last Updated: 11/20/2011

Fighting/Gangs: No state policy.

Weapons: Statute 72-8901 (1994) grants the board of education of any district, or their authorized agent, the power to suspend or expel any student whose conduct endangers the safety of others. A case annotation of this statute specifically addresses gun possession, stating expulsion of a student for gun possession does not preclude juvenile prosecution.

Statute 72-89a02 (1997) requires each board of education to adopt a written policy requiring a one year or more expulsion from school for any pupil determined to be in possession of a weapon, as defined in Statute 72-89a01 (2001), on school property, at school, or at a school supervised activity.

Statute 21-4204 (1996) states possession of any firearm by any person, other than a law enforcement officer, in or on any school property or grounds upon which is located a building or structure used by a unified school district or an accredited nonpublic school for student instruction or attendance or extracurricular activities of pupils enrolled in kindergarten or any of the grades 1 through 12 or at any regularly scheduled school sponsored activity or event constitutes criminal possession of a firearm.

Drugs and Alcohol: Statute 21-36a-05 prohibits the sale, offer for sale, or possession with intent to sell, deliver, or distribute any opiates, opium, narcotic drugs, or any stimulant within 1,000 feet of school property or school extracurricular event. Violation of this statute is a felony.

Collaboration with Law Enforcement: Statute 72-8222 (1987) grants district boards of education the power to employ school security officers, one or more of which may be designated as a school law enforcement officer, to aid and supplement law enforcement agencies of the state.

Statute 72-89b03 (1999) states that each board of education is required to adopt a policy that requires and establishes procedures for the immediate report to appropriate law enforcement agencies by or on behalf of any school employee who knows or suspects that a misdemeanor, felony, or possession, use, or disposal of explosives, firearms, or other weapons has been committed at school, on school property, or at a school supervised activity.


Kentucky

Last Updated: 5/22/2013

KRS 158.445 (2000) requires each local board of education to adopt a plan for immediate and long-term strategies to address school safety and discipline. KRS 158.148 (2008) requires the department of education to develop statewide student discipline guidelines to ensure safe schools, recommendations that improve the learning environment and school climate, parental and community involvement in the schools, and student achievement, and a model policy. Each local board of education is to adopt a code of acceptable behavior and discipline for students, which stresses the maintenance of a safe learning environment where orderly learning is possible and encouraged. The code of acceptable behavior and discipline shall contain the type of behavior expected from each student, consequences of failure to obey the code, and the importance of the code in maintaining a safe learning environment. The statute contains the specific requirements of the code of acceptable behavior and discipline. A copy of the code of behavior and discipline shall be provided to all school employees, parents and legal guardians.

Fighting/Gangs
: KRS 158.150 (2001) considers assault or battery or abuse of school personnel or students as sufficient causes for suspension or expulsion from school and requires local boards of education to adopt policies requiring disciplinary action for assault, battery, or abuse.

Weapons
: KRS 527.070 (1996) states that it is a class D felony for a person to unlawfully possess a weapon on school property. The statute also requires chief administrators of a public school to prominently display signs reciting prescribed language. KRS 158.150 requires expulsion for at least one year for a student who is determined to have brought a weapon to school.

KRS 161.195 (1992) requires written notification to a teacher that a student has a documented history of physical abuse of a school employee or of carrying a concealed weapon on school property before the teacher is assigned to work directly with or come into close contact with the student.

Drugs and Alcohol: UnderKRS 158.150 the use or possession of alcohol or drugs on school property is cause for disciplinary action, including suspension or expulsion from school. The statute requires local boards of  

education to adopt a policy requiring disciplinary action for such a violation.

Collaboration with Law Enforcement: KRS 158.154 requires principals to report to appropriate local law enforcement an act that the principal reasonably believes to constitute a crime specified in that statute.

Louisiana

Last Updated: 11/22/2010

RS 17:13.1 (1992) requires the state department of education to develop and implement minimum guidelines for a prevention of crime and disruptive behavior program. Each school is required to submit to the State Board of Elementary and Secondary Education a program that has been developed in accordance with the guidelines. RS 17:252 (2003) further requires each school district to develop and submit a master plan for supporting student behavior and discipline that may include safe school planning, zero tolerance policies, improving classroom management with positive behavioral supports and other effective disciplinary tools.

Upon approval of its governing authority, RS 17:416.17 (2001) authorizes elementary schools to develop and offer youth development and assistance programs that use violence prevention and intervention initiatives for students in kindergarten and elementary grades in order to create a safe school environment in which teachers can teach and students can learn. The statute recommends that these programs include behavioral training and intervention techniques that promote conflict resolution skills, peer mediation, anger management, and bullying prevention.

RS 17:416.14 Requires each local public school board to require each school to have a special program to inform students of the consequences of violent acts committed on school property, at a school-sponsored function, or in a firearm-free zone.  RS 17:223 (1988) and 17:416 (2003) allow every teacher to hold pupils strictly accountable for any disorderly conduct in school, on the playground of the school, on any school bus going to or returning from school, or during recess. RS 17:224 (1992) further allows any student who exhibits disruptive behavior, an incorrigible attitude, or other discipline problems in general," to be recommended for expulsion by the principal.

Fighting/Gangs: RS 17:416.15 (2001) allows any local public school to adopt and implement zero tolerance policies for fighting in the schools under its jurisdiction. RS 17:416 allows a principal to suspend a pupil from school or from riding on a school bus for instigating or participating in fights while under school supervision. RS 17:416.15  allows any local public school to implement a zero tolerance policy for fighting in schools.

Weapons: RS 14:95.2 (1999) determines that it is unlawful for a student or non-student to carry or possess a firearm or dangerous weapon on school property, at school-sponsored events, or in a firearm-free zone. RS 17:416 calls for a principal to immediately suspend a pupil from school or from riding on a school bus for carrying firearms, knives, or other implements that can be used as weapons.

Drugs and Alcohol: RS 40:981.3 (2004) states that violation of the Uniform Controlled Dangerous Substances Law (RS 966-70) in a drug-free zone" is punishable by the maximum fine and up to 1.5 times the maximum imprisonment allowed by the act. RS 17:405 (2003) defines a drug free zone" as an area inclusive of any property used for school purposes by any school an area within one thousand feet of any property used for school purposes by any school a school bus".

Collaboration with Law Enforcement: RS 17:416.17 authorizes elementary schools to collaborate with juvenile justice agencies upon approval of its governing authority. RS 17:251 (2003), the Education/Juvenile Justice Partnership Act, further recognizes that greater communication, coordination, and collaboration between local public school systems and juvenile justice agencies needs to exist in order to effectively address issues of student behavior and discipline. Lastly, RS 17:252 requires each school district to develop and submit a master plan for supporting student behavior and discipline that may include coordination between special education and juvenile justice services.

RS 17:416.16 (2001) requires each school principal to prepare a school crisis response management and response plan with input from local law enforcement and fire, public safety, emergency preparedness officials.


Massachusetts

Last Updated: 11/26/2011

603 CMR 26.08 (no date available) requires all school handbooks and codes of conduct to include a nondiscrimination policy that affirms the schools' non-tolerance for harassment and investigative procedures for such complaints and disciplinary measures. The handbook must be distributed annually to students, parents, and school personnel.

Fighting/Gangs: No state policy.

Weapons: General Law 71.37H (no date available) requires school district policies on the code of student conduct to include disciplinary measures to be taken for the possession or use of weapons. Furthermore, all student handbooks must contain provisions that state, "Any student is found on school premises or at a school-sponsored or school-related events, including athletic games, in possession of a dangerous weapon may be subject to expulsion from the school or school district by the principal."

General Law 71.37L (no date available) requires all school department personnel to report in writing to their immediate supervisor any incident involving a student possessing or using a dangerous weapon on school premises at any time. Supervisors must then file said report with the superintendent of the school, who then must file copies of the report with the local chief of police, the department of social services, the office of student services or its equivalent, and the local school committee.

Drugs & Alcohol: General Law 71:37H requires school district policies on the code of student conduct to include disciplinary measures to be taken for the possession or use of illegal substances. The principal of public school is also given authority to expel a student for use or possession of a controlled substance.

General Law 272:40A (no date available) prohibits the sale, distribution, or delivery of alcohol in any public school building or premises. Violators may be imprisoned up to 30 days and fined up to $100. 

Collaboration with Law Enforcement: No state policy..


Maryland

Last Updated: 5/18/2011

State Board of Education Regulation 13A.01.04.03 (2003) states that, “All students in Maryland's public schools, without exception and regardless of race, ethnicity, region, religion, gender, sexual orientation, language, socioeconomic status, age, or disability, have the right to educational environments that are safe, appropriate for academic achievement, and free from any form of harassment”.

Code §7-424 (2005) local boards of education to submit an annual report to the Department of Education citing incidents of harassment or intimidation against students in public schools. The Department is also required to create and distribute standard victim of harassment and intimidation report forms. 

State Board of Education Regulations 13A.08.01.18, 13A.08.01.19, 13A.08.01.20 (2003) define a ‘persistently dangerous’ school as a school in which each year for a period of three consecutive school years, the total number of student suspensions for more than 10 days or expulsions equals two and one-half percent or more of the total number of students enrolled in the school, for any of the following offenses: Arson or fire; Drugs; Explosives; Firearms; Other guns; Other weapons; Physical attack on a student; Physical attack on a school system employee or other adult; and Sexual assault. Students enrolled in such schools are allowed to transfer to another, safe school within the same district.

Education Code §7-304.1 mandates that local boards of education require elementary schools that have a suspension rate that exceeds 18% of the school’s enrollment to implement a Positive Behavioral Interventions and Supports (PBIS) Program or an alternative behavioral modification program in collaboration with the Maryland State Department of Education.

The Safe Schools Act (2010) allows a local superintendant and school principal to consider prohibiting a student who is arrested for a reportable offense involving rape or a reportable offense from attending the same school or riding the same bus, if such an act is necessary to protect the victim. If a student is convicted or adjudicated delinquent for a rape or sexual offense, the student may not attend the same school or ride on the same bus as the student.

The Safe Schools Act (2010) requires each school that enrolls students in grades 6-12 to designate at least one school security officer.

Fighting/Gangs:   The Safe Schools Act (2010) requires State Board of Education and Department of Education to develop a model policy to address gangs, gang activity, and similar destructive or illegal group behaviors in schools.  The resulting policy is Maryland's Model Policy to Address Gangs, Gang Activity, and Similar Destructive or Illegal Behavior (2011). The model policy is to be used by local districts to develop their own policies to address gangs, gang activity, and similar destructive or illegal group behavior in schools. 

Safe Schools Act (2010) requires school employees to report any incidents of suspected gang activity or similar destructive or illegal group behavior promptly to the principal and security officer (if one is present). It also requires each county superintendent to require regular school security meetings for each middle school and high school to ensure coordination of gang prevention, intervention and supression.

Code §7-307 (1996) gives authority to a principal, teacher, school security guard or other school personnel to take reasonable action to prevent violence on school premises which includes intervening in a fight or physical struggle.

Weapons: State Board of Education Regulation 13A.08.01.12-1 (2003) provides minimum guidelines for discipline for firearm possession on school property or at a school-sponsored activity. The offending student is to be expelled for a minimum of one year, except in the case of a student with a disability, in which case the student may either be suspended or expelled.

Drugs and Alcohol: State Board of Education Regulation 13A.08.01.08 (2003) prohibits students from possessing or using alcohol or other drugs on school premises. Local boards of education are also required to adopt policies on alcohol and other drug use or possession as stipulated within this regulation.

Collaboration with Law Enforcement: State Board of Education Regulation 13A.08.01.12-1 requires instances of firearms possession on school property or at school sponsored events to be reported to the appropriate juvenile justice or criminal enforcement agency.

State Board of Education Regulation 13A.08.01.08 requires local boards of education to coordinate efforts with local law enforcement to prevent alcohol and drug abuse, detect possession of alcohol and illegal drugs by students on school premises, report and investigate activity related to alcohol and other drug abuse on school premises, and seize and store contraband.

State Board of Education Regulation 13A.08.01.14 (1997) requires schools to comply and cooperate with police searches when a warrant is issued. Police officers shall conduct searches of students and the school premises in accordance with their established policies and procedures.

State Board of Education Regulation 13A.08.01.17 (1994) requires the local superintendent or designee, when notified that a student has been arrested for a reportable offense, to notify that student’s school principal of the arrest and the pertinent information, including the charges. Further, unless ordered otherwise by a juvenile court or other court, the reportable arrest information is confidential and may not be re-disclosed or made part of the student’s permanent educational record.


Maine

Last Updated: 6/4/2013

Title 20-A 1001 requires each school board to adopt a district-wide student code of conduct consistent with the statewide standards for student behavior developed under section 254, subsection 11. The student code of conduct must: (a) Define unacceptable student behavior, (b) establish standards of student responsibility for behavior, (c) prescribe consequences for violation of the student code of conduct,(d) describe appropriate procedures for referring students in need of special services to those services, (e) establish criteria to determine when further assessment of a current individual education plan is necessary,(f) Establish policies and procedures concerning the removal of disruptive or violent students or students threatening death or bodily harm to others from a classroom or a school bus, along with student disciplinary and placement decisions, when appropriate, (g) Establish guidelines and criteria concerning the appropriate circumstances when the superintendent or theirdesignee may provide information to the local police or other appropriate law enforcement authorities regarding an offense that involves violence committed by any person on school grounds or other school property; and (h) establish policies and procedures to address bullying, harassment and sexual harassment.

Fighting/Gangs
: No state policy.

Weapons: Statute Title 20-A 6552(2009) prohibits any person, unless in law enforcement or a supervised school program, from possessing a firearm on public school property or discharging one within 500 feet of school property. Violation of this policy is a Class E crime.

Drugs and Alcohol: No sttate policy.

Collaboration with Law Enforcement: No state policy.


Michigan

Last Updated: 12/19/2012

The State Board of Education's Policies For Creating Effective Learning Environments (2000) states that public schools promote safe learning environments by periodically assessing their current learning environments, by continually maintaining a positive learning climate, and by promoting appropriate behaviors modeled by staff and practiced by students. This policy is reaffirmed later in the Policies on Bullying (2010). The Policies on Safe Schools (2000) similarly makes it the State Board's policy to undertake proactive, preventative approaches to ensure a safe school environment by involving parents and the broader community, by providing access to alternative programs for troubled youth and by providing appropriate post-traumatic support to victims of school violence. The State Board's Policy on Integrating Mental Health in Schools (2010) recommends that schools utilizie their district's school improvement team to help implement a socially and emotionally healthy school environment for all students and staff.

The Statewide Safe School Choice Policy (2003) suggests guidelines and offers technical assistance for the implementation of the State Safe School Choice Policy provision of the NCLB Act (2001). The State Board of Education recommends that any pupil enrolled in a school identified as a Persistently Dangerous School be allowed to attend a safe school within the same school district, and any pupil who becomes the victim of a violent criminal offense, including assault and the infliction of serious or aggravated injury, shall be allowed to attend another safe public school within the same school district. Definition of a Persistently Dangerous School is detailed in the policy.

Fighting/Gangs:  The Policies on Safe Schools makes it the State Board's policy to undertake proactive, preventative approaches to ensure a safe school environment, suggesting schools offer appropriate post-traumatic support to victims of school violence incidents. 

MCL 380.1310 (2000) requires a pupil enrolled in grade 6 or above who commits a physical assault at school against another pupil to be suspended or expelled from the school district for up to 180 school days. The district is not required to enroll a student expelled from another district during the expulsion period. 

Weapons: MCL 380.1313 (1995) requires the district superintendent to immediately report a pupil found to be in possession a dangerous weapon while in school or at a school activity or while the pupil is enroute to or from school on a school bus to their parent or legal guardian and the local law enforcement agency. The weapon may be confiscated and turned over to a law enforcement agency. MCL 380.1311 (1999) further requires the permanent expulsion of the offending pupil from the school district upon the school board's decision.  

MCL 380.1308 (1999) recommends the statewide school safety information policy to include procedures for reporting incidents involving the possession of a dangerous weapon. Michigan State Police Code 28.16 (1994) requires police departments to provide firearms safety programs for students to public school districts.

Drugs and Alcohol: No state policy.

Collaboration with Law Enforcement: MCL 380.1308 requires the identification of incidents occurring at school that must be reported to law enforcement agencies. Law enforcement shall at least investigate reported incidents, identify those involved in a reported incident, assist in prevention of these types of incidents, and, when appropriate, get assistance from a child protection agency. School boards are also required to cooperate with local law enforcement agencies to ensure that detailed and accurate building plans, blueprints, and site plans, as appropriate, for each school building operated by the school board are provided to the appropriate local law enforcement agency.

MCL 380.1313 requires confiscated weapons be turned over to a law enforcement agency for investigation. Furthermore, per MCL 380.1310a, law enforcement officials are to be consulted by the superintendent of public instruction for the content and manner of reporting crime in the school districts in an effort to build partnerships to help prevent crime and violence and to plan and implement school safety programs. 


Minnesota

Last Updated: 11/26/2011

Statute 121A.03 (2000) requires each school board to adopt a model sexual, religious, and racial harassment and violence policy. The Department of Education has a Model Sexual, Religious and Racial Harassment and Violence Policy (2006) for districts to follow.  Statute 121A.035 (1999) requires school boards to adopt a district crisis management policy. The policy must include an individual district's plan to respond to potential crisis situations such as natural disasters, hazardous materials, and weapons in schools.

Statute 121A.45 (2004) allows a pupil to be dismissed from school for willful conduct that endangers the pupil or other pupils or surrounding persons or the property of the school. Similarly, Statute 121A.61 (2003) allows the removal of a student from class for willful conduct that endangers themselves, other students, surrounding persons, or school property. Statute 121A.582 (2001) allows a teacher, principal, other school employee, school bus driver, or other agent of the district to use reasonable force under necessary circumstances to correct or restrain a student or prevent bodily harm or death to another. The Statute presents a defense for an authority figure that exercised reasonable force.

Fighting/Gangs: The Comprehensive School Safety Guide (2008) provide guidelines for school districts addressing procedures applying to close physical confrontations that could result in significant physical threat.

Weapons: Statute 121A.44 (1998) requires the expulsion of a pupil for a period of at least one year for having brought a firearm to school. On a case-by-case basis, the school board may modify an expulsion. Statute 121A.06 (2005) requires the commissioner, in consultation with criminal and justice policy groups, to develop a standardized reporting form for incidents involving the use or possession of a dangerous weapon in school zones.

Drugs and Alcohol: Statute 121A.26 (1998) specifies that each public and non-public school participating in a chemical abuse program must have a pre-assessment team of school administrators and student services staff, and Statute 121A.29 (1998) requires teachers to report known or suspected chemical use by a student to the pre-assessment team. Statute 121A.28 (2005) requires a law enforcement agency to provide written notice of any drug incident involving a student violation to the chemical abuse pre-assessment team.

Collaboration with Law Enforcement:  Statute 121A.28 (2005) requires a law enforcement agency to provide written notice of any drug incident involving a student violation to the chemical abuse pre-assessment team.

Statute 121A.05 requires school boards to have a policy requiring appropriate school officials to refer pupils who bring a firearm to school unlawfully to criminal justice or the juvenile delinquency system.


Missouri

Last Updated: 10/6/2011

The Missouri School Improvement Program (MSIP) (2001) requires that schools are to be orderly and students and staff must feel safe at school. A written code of conduct should be put into place and enforced consistently. Revised Statute 161.650 (2000) requires the department of elementary and secondary education to identify and adopt programs to be administered by public school districts regarding violence prevention.

Regulation 5 CSR 50-355.100 (2000) states that a student should be allowed to attend a safe public school within the district if he/she is enrolled in a persistently dangerous school or becomes a victim of a criminal offense on school property.

Revised Statute 160.261  (2008) requires the local board of education of each school district to establish a written policy of discipline. A copy shall be provided to each student and parent or legal guardian. The policy shall require school administrators to report acts of violence to the appropriate law enforcement agency.

Revised Statute 160.261 (2008) gives authority to all school district personnel to hold every student strictly accountable for any disorderly conduct in school or on any property of the school, on any school bus going to or returning from school, during school-sponsored activities, or during intermission or recess periods. Revised Statute 167.161 (1997) allows the school district to suspend or expel a pupil for conduct that is does not promote good order or discipline or impairs the morale of good conduct of other pupils. Lastly, Revised Statute 563.061 (1979) allows the use of physical force by a teacher when he/she reasonably believes that the force was necessary to promote the welfare of the minor or to maintain reasonable discipline in a school, class or other group.

Fighting/Gangs: Revised Statute 565.075 (1996) classifies a person who knowingly causes physical injuryto another person or causes physical injury to another person with a deadly weapon or engages in behavior that puts a person at risk of death or a serious physical injury on school property as committing a crime of a assault class D felony.

Weapons: Revised Statute 160.261 (2008) requires school administrators to report acts of school violence which includes the possession of a weapon to teachers and other school personnel who are directly responsible for the student's education or interact with the student on a professional basis. Revised Statute 167.117 (2000) also requires the principal to immediately report to law enforcement officials and to the superintendent any instance of when a pupil has a weapon in his/her possession or placed elsewhere on school premises.

Revised Statute 160.261  (2008) requires the local board of education of each school district to establish a written policy of discipline. The policy must provide for a suspension period of not less than one year, or expulsion, for a student who is determined to have brought a weapon to school, including but not limited to the school playground, school parking lot, on a school bus or school activity, whether on or off school property.

Revised Statute 571.030 (2003) deems a person who discharges a firearm within 100 years of an occupied schoolhouse or someone who carries a firearm or any other weapon into any school, onto any school bus, or onto the premises of any function or activity sponsored or sanctioned by the school as committing the crime of unlawful use of weapons.

Drugs and Alcohol: Revised Statute 195.214 (2003) states that the distribution of a controlled substance near schools is a class A felony. Revised Statute 195.211 (2003) states that the distribution, manufacture, delivery, or production of a controlled substance within 2,000 feet of any school property is a felony.

Revised Statute 160.261 requires school administrators to report acts of school violence which includes the distribution of drugs to teachers and other school personnel who are directly responsible for the student's education or interact with the student on a professional basis. Revised Statute 161.504 (1990) allows the department of elementary and secondary education to allocate and award funds to local law enforcement agencies and public schools to jointly develop drug and alcohol use prevention and suppression programs.

Collaboration with Law Enforcement: The Missouri Violence Prevention Curriculum Framework (2008) recommends collaboration with local law enforcement, such as DARE officers, for developing and implementing the required violence prevention program. Revised Statute 161.504 allows the department of elementary and secondary education to allocate and award funds to local law enforcement agencies and public schools to jointly develop drug and alcohol use prevention and suppression programs.


Mississippi

Last Updated: 9/9/2009

Code 37-11-18.1 (2003) requires s student who does not comply with a behavior modification plan deemed habitually disruptive and subject to automatic expulsion on the 3rd occurrence of disruptive behavior during the school year. Disruptive behavior includes threatening, defiant or abusive language or action toward teachers.

State Board Policy JGF-1 (2002) defines and implements the Unsafe School Option as mandated in No Child Left Behind.

Fighting/Gangs: Code 37-11-55g (2002) requires local school boards to adopt and make available to all teachers, school personnel, students, and parents/guardians a code of student conduct that includes: policies and procedures specifically concerning gang-related activities in schools, on school property or vehicles, or at school-related activities.

Weapons: State Board of Education Policy 9500 (1997) requires each board of education to have a policy concerning weapons on school presmises. The policy must prohibit the possession of pistols, firearms, or weapons in any form by any person other than duly authorized law enforcement officials on school premises or at school functions. Code 37-11-18 (1996) requires any student who possesses a knife, a handgun, other firearm or any other instrument considered to be dangerous and capable of causing bodily harm or who commit a violent act on educational property be subject to automatic expulsion for one calendar year. The superintendent of the school is authorized to modify the period of time for expulsion on a case-by-case basis. Further, Code 37-15-9 (2003) does not require a school district to admit a student if he/she was expelled for an act involving violence, weapons, or other activity.

Code 97-37-17 (2000) prohibits any person possess or carry any gun, rifle, pistol, or other firearm or explosive on educational property. Violators are guilty of a felony, punishable by a fine up to $5,000 and/or three years Imprisonment. Likewise, possessing or carrying other weapons, such as a BB gun, air gun, or knife, is a misdemeanor offense, punishable with a fine up to $1,000 and/or six months imprisonment. A person encourages, aids, or causes a minor to possess or carry any weapon listed in subsection 5 is also guilty of a misdemeanor. Exceptions to the possession or carrying law are cases when the person is not a student attending school on any educational property, the firearm is within a motor vehicle, and when the person does not brandish, display, or exhibit the firearm in any careless, angry, or threatening manner.

Drugs and Alcohol: Code 37-11-18 requires any student who possesses any controlled substance be subject to automatic expulsion for one calendar year. The superintendent of the school is authorized to modify the period of time for expulsion on a case-by-case basis.

Collaboration with Law Enforcement: Code 37-11-29 (1996) requires superintendents to report unlawful activity to the appropriate law enforcement agency.


Montana

Last Updated: 12/17/2012

Fighting/Gangs: MCA 20-4-302 (1991) gives authority to a person employed or engaged by a school district to use physical restraint, defined as the placing of hands on a pupil in a manner that is reasonable and necessary to quell a disturbance or protect a pupil or others from harm. MCA 45-8-404 (1997) gives additional sentencing penalties of two to four years for criminal street gang-related felonies when committed on the grounds of or within 1,000 feet of public school grounds while class or school-related activities are in session or when minors are using the facilities.

Weapons: MCA 45-8-351 (2011) grants local government the power to prevent the carrying of weapons in schools and firearms by minors. MCA 20-5-202 (2009) requires local districts to adopt a policy requiring a student to be expelled for is determined to have brought a firearm to school and to refer the matter to local law enforcement. MCA  45-8-361 (1999) states the penalties and allows for seizing of weapons found in school buildings, and MCA 20-4-302 allows school employees to use physical restraint to obtain possession of a weapon or other dangerous object on the person of the pupil or within control of the pupil.

Drugs and Alcohol: No state policy.

Collaboration with Law Enforcement: MCA 20-5-202 (2009) requires local districts to adopt a policy requiring a student to be expelled for is determined to have brought a firearm to school and to refer the matter to local law enforcement.


North Carolina

Last Updated: 9/27/2010

State Board of Education Policy HRS-A-007 (2004) states that every student in public or charter schools should be provided with a safe, orderly, and caring learning environment free from harassment, bullying, or discrimination.

Statute 115C-105.47 (1999) requires each local board to develop a safe school plan that provides for a safe, secure, and orderly climate in every school and emphasizes appropriate personal conduct for all students and school personnel. Statute 115C-105.33 (1997) allows a school improvement team or parent organization at a school to ask the local board for assistance in promoting or restoring an orderly learning environment in the school. A copy of the request must be filed with the State Board, and the State Board may provide the school with an assistance team upon request.

Statute 115C-390 (1991) allows school employees to use reasonable force in carrying out legal authority to restrain or correct pupils and maintain order except as restricted by local boards.

Fighting/Gangs: State Board of Education Policy HRS-A-002 (1998) states that student attacks which result in severe or aggravated bodily injury to the victim are grounds for expulsion. Statute 115C-391 (2001) further states that the student, if 13 years of age or older, may be moved to an alternative educational setting for assaulting another student, a teacher, or other adult. If such an option does not exist, the student may then be suspended for 365 days.

Statute 115C-105.32 (1996) encourages schools to review its need for a comprehensive conflict resolution program. If the program is needed, a school may choose from a list developed by the State Board of Education or develop its own material and curricula with local board of education approval.

Weapons: State Board of Education Policy HRS-A-002 states that possession of a weapon on any school property, including vehicles is ground for expulsion. Possession by a student under the age of 18 of any firearm, whether on school property or not, is also grounds for expulsion. Any attempted theft or attack by a student using or threatening to use a dangerous weapon, defined in this policy, is grounds for expulsion. Statute 115C-391 allows the superintendent of or local board of education to suspend a student for 365 calendar days for bringing or possessing a weapon onto education property or to a school-sponsored curricular or extracurricular activity off educational property.

Statute 14-269.2 (2004) categorizes the possession of any gun, rifle, pistol, or other firearm of any kind on educational property as a Class I felony.

Drugs and Alcohol: No specific state policy. 

Collaboration with Law Enforcement: Statute 115C-105.47 requires local safe school plans to have a plan to work effectively with local law enforcement officials to ensure that schools are safe and laws are enforced. State Board of Education Policy HRS-A-000 (1999) requires teacher to report to principals and principals to report to law enforcement violent incidents detailed in this policy. Principals and school officials are also to collaborate with their local law enforcement agency leaders to determine the best reporting procedure.


North Dakota

Last Updated: 12/27/2011

Title IV requires a policy for a safe and secure learning environment.

Code 15.1-06-16 (no date available) classifies a person who willfully disturbs a public school or interferes with the proper order or management of a public school through violence, boisterous conduct, or threatening language as having committed a class B misdemeanor.

Code 15.1-19-14 (no date available) allows a school to create or designate a school law enforcement unit.

Fighting/Gangs: No state policy.

Weapons: Code 15.1-19-09 (no date available) allows a student to be suspended for up to 10 days for violating a school districts weapon policy. Code 15.1-19-10 (no date available) instructs the board of each school district to adopt a policy governing the possession of a weapon and firearm by students on school property or at a school function. The policy must also provide for the punishment of any student found to be in violation of the policy, which must include immediate suspension from school and expulsion, one year being required in the case of a firearm.

Drugs and Alcohol: Code 15.1-19-13 (no date available) requires teachers with knowledge that a student "is using, is in possession of, or is delivering alcohol or a controlled substance while the student is on school property, involved in a school-related activity, or in  attendance at a school-sponsored event" to notify the principal.

Collaboration with Law Enforcement: No state policy.


Nebraska

Last Updated: 12/21/2011

92 NAC 10-011.01 (no date available) requires school facilities to be safe, healthful, and sanitary. The State Board's Anti-Bullying Policy (2003) states Nebraska schools should provide a physically safe and emotionally secure environment for their students and staff.

The Nebraska Student Discipline Act (no date available) assures the protection of all elementary and secondary students' constitutional right to due process and fundamental fairness within the context of an orderly and effective educational process. The Act requires the school board to establish and promulgate rules of student conduct which shall be distributed to all student and parents/guardians at the beginning of each school year.

Fighting/Gangs: Statute 79-267 states that causing or attempting to cause personal injury to a school employee, volunteer, or student is grounds for long-term suspension, expulsion, or mandatory reassignment when committed on school grounds, in a vehicle owned, leased, contracted, or being used by the school, or at a school-sponsored activity.

Weapons: Statute 79-267 states that knowingly possessing, handling, or transmitting any material or object that is generally or ordinarily considered a weapon is grounds for long-term suspension, expulsion, or mandatory reassignment when committed on school grounds, in a vehicle owned, leased, or contracted by the school, or at a school-sponsored activity.

Statute 79-263 (1996) requires school districts to adopt a policy requiring at least a one year expulsion for students who possess, use, or transmit firearms on school grounds, at a school-sponsored activity or athletic event, or in a vehicle owned, leased, contracted, or being used by a school for school purposes. Statute 28-1204.04 (no date available) declares that any person who possesses a firearm in a school, on school grounds, at a school-sponsored activity or athletic event, or in a vehicle owned by a school is guilty of a Class II misdemeanor and shall have said firearm confiscated without a warrant by a peace officer or school administrative or teaching personnel.

Drugs and Alcohol: Statute 79-267 states that unlawfully possessing, selling, dispensing, using, or being under the influence of a controlled substance, an imitation, a substance represented to be a controlled substance is grounds for long-term suspension, expulsion, or mandatory reassignment when committed on school grounds, in a vehicle owned, leased, or contracted by the school, or at a school-sponsored activity.

Statute 79-296 (1996) states any person under nineteen years of age who is a student at any public elementary [or] secondary educational institution in this state who possesses, dispenses, delivers, or administers anabolic steroids may be prohibited  from participating in any extracurricular activities for not more than thirty consecutive days for the first offense. For the second or any subsequent offense, the student may be barred from participation in such activities for any period of time the institution deems appropriate pursuant to the written policy of the institution."

Collaboration with Law Enforcement: No state policy.


New Hampshire

Last Updated: 12/22/2011

RSA 193-G:6 (2003) authorizes schools to implement policies promoting school safety. Rule Ed 306.04 (2005) requires local school boards to implement policies and procedures relative to promoting a school environment conducive to learning.

RSA 193-G:4 (2003) states that students attending a school that has been labeled as "persistently dangerous", pursuant to the federal NCLB Act, must be given the option to transfer to another school within the same district. Parents must be notified of the option within five days of the labeling.

Fighting/Gangs: No specific policy; however, State Board of Education Rule Ed 306.04 requires local school boards to implement policies and procedures relative to discipline, which would likely include rules against fighting.

Weapons: RSA 193:13 (2000) states the possession of a pellet or BB gun, rifle, or paint ball gun is an expellable offense. Also, any pupil who brings or possesses a firearm in a safe school zone (an area inclusive of any school property or school buses) without written authorization from the superintendent or designee must be expelled by the school board for at least 12 months. During that period, said student may not enroll in another school district in New Hampshire. Procedures for suspension or expulsion are found in State Board of Education Rule Ed 317 (2001).

RSA 193-G:1 (2003) classifies the unlawful possession or sale of a firearm or other dangerous weapon as one incident that contributes to being designated a "persistently dangerous school." Any school in which the unlawful sale or possession of a firearm or other dangerous weapon has occurred as three separate incidents during a period of one year for three consecutive years shall be labeled a "persistently dangerous school."

Drugs and Alcohol: RSA 193-B:1 (1996) creates drug-free school zones that extend 1,000 feet from the real property line of the school. RSA 193-B:2 (1994) states, "Except as otherwise provided by law, it [is] unlawful for any person to manufacture, sell, prescribe, administer, dispense, or possess with intent to sell, dispense, or compound any controlled drug or its analog, within a drug-free school zone at any time of the year."

Collaboration with Law Enforcement: RSA 193-D:4 (2001) requires school principals to pass along information of violence in a safe school zone to local law enforcement authority. School districts are required to establish, in collaboration with local law enforcement, procedures for carrying the provisions in this Statute.


New Jersey

Last Updated: 1/22/2013

N.J.S.A. 18A:40A-10 and State Board of Education Administrative Code N.J.A.C. 6A:16-3.1 (2006) require the establishment of a comprehensive program of alcohol, tobacco and other drug abuse prevention, intervention, referral for evaluation, referral for treatment and continuity of care.

N.J.S.A. 18A:40A-10 and State Board of Education Administrative Code N.J.A.C. 6A:16-3.1(a)5 and N.J.A.C. 6A:9-13.2 establish the requirements for the functions and the certification of student assistance coordinators. 
 
N.J.S.A. 18A:40A and State Board of Education Administrative Code N.J.A.C. 6A:16-4 establishes the procedural requirements for alcohol and other drug abuse intervention, including policies and procedures, reporting and examination procedures for students suspected of being under the influence of alcohol or other drugs or steroids, and voluntary policies for the random testing of student alcohol or other drug use.
 
State Board of Education Administrative Code N.J.A.C. 6A:16-7.1 (2006) requires each school district to develop and implement a code of student conduct that establishes standards, policies and procedures for positive student development and student behavioral expectations on school grounds, and, as appropriate and in accordance with State Board of Education Administrative Code N.J.A.C. 6A:16-7.6, for conduct away from school grounds.

State Board of Education Administrative Code N.J.A.C. 6A:16-7.2, 7.3 and 7.5 (2006) establish due process and educational requirements for short and long-term suspensions and expulsions. N.J.A.C. 6A:16-7.6 establishes the parameters for imposing consequences for conduct away from school grounds.

State Board of Education Administrative Code N.J.A.C. 6A:16-7.8 (2006) establishes standards regarding school district policies and procedures and school staff responses for unexcused absences, including truancy.

N.J.S.A. 18A:37-15 (2002) and State Board of Education Administrative Code N.J.A.C. 6A:16-7.9 require each school district to adopt, post on its website and annually review and disseminate to parents a policy prohibiting harassment, intimidation and bullying, which includes consequences and remedial actions for offenders. N.J.S.A. 18A:37-17 (2011) requires schools to establish bullying prevention programs and other initiative involving school staff, students, administrators, volunteers, parents, law enforcement and community members designed to create school-wide conditions for preventing and addressing HIB. N.J.S.A. 18A:37-20 requires each school to appoint a school anti-bullying specialist and each school district to appoint a district anti-bullying coordinator. N.J.S.A. 18A:37-21 requires each school to have a school safety team to address school climate issues such as HIB. N.J.S.A. 18A:37-29 requires each school district to observe a Week of Respect beginning with the first Monday in October of each year to recognize the importance of character education by providing age-appropriate instruction focusing on HIB prevention.

N.J.S.A. 18A:36-5.1 requires schools to observe School Violence Awareness Week during the week beginning with the third Monday in October of each year by organizing activities to prevent school violence including, but not limited to, age-appropriate opportunities for student discussion on conflict resolution, issues of student diversity, and tolerance.

State Board of Education Administrative Code N.J.A.C. 6A:16-5 includes requirements regarding school safety and security plans, incident report of violence, vandalism and alcohol and other drug abuse, access to juvenile information, and removals of students for firearms offenses, assaults with weapons offenses and assaults on district board of education members or employees.

State Board of Education Administrative Code N.J.A.C. 6A:16-6 includes requirements regarding law enforcement operations for alcohol, other drugs, weapons and safety, including the establishment of policies and procedures, a memorandum of agreement with law enforcement authorities, reporting students or staff members to law enforcement authorities, handling of alcohol or other drugs, firearms and other items, and the confidentiality of students or staff in alcohol or other drug intervention or treatment programs.

Fighting/Gangs
: State Board of Education Administrative Code N.J.A.C. 6A:16-5.5, 5.6 and 5.7 (2006) requires each district board of education to adopt and implement policies addressing students who commit firearms offenses, assaults with weapons offenses and a non weapon-related or firearm-related assaults upon board of education members or employees. Students are to be immediately suspended from school.

Weapons
: N.J.S.A. 18A:37-8 (1995), known as the "Zero Tolerance for Guns Act," states that any pupil convicted or adjudicated for possession of a firearm or a crime while armed with a firearm or found knowingly in possession of a firearm on any school property, on a school bus, or at a school-sponsored function shall be immediately removed from the school's regular education program for a period no less than one calendar year and placed in an alternative education program. N.J.A.C. 6A:16-5.5 (2006) requires each school district to adopt and implement policies and procedures regarding student offenses involving firearms, pursuant to the "Zero Tolerance for Guns Act."

N.J.S.A. 18A:37-2.2 (1995) and State Board of Education Administrative Code N.J.A.C. 6A:16-5.6 (2006) state that any student who commits an assault with a weapon upon a teacher, administrator, board member, other employee of a school board, or another student on any school property, on a school bus, or at a school-sponsored function shall be removed from the school's regular education program for not more than a calendar year, pending a hearing before the local board of education, and placed in an alternative education program.

State Board of Education Code N.J.A.C. 6A:16-6 (2006) requires districts to adopt and implement policies and procedures that provide for the cooperation of law enforcement authorities with schools staff regarding matters involving substances, firearms and other deadly weapons.

Drugs and Alcohol:
N.J.S.A. 18A:40A-10 (1987) and State Board of Education Administrative Code N.J.A.C. 6A:16-3.1 (2006) require the establishment of a comprehensive program of alcohol, tobacco and other drug abuse prevention, intervention, referral for evaluation, referral for treatment and continuity of care.
 
N.J.S.A. 18A:40A-18 (1987) and State Board of Education Administrative Code N.J.A.C. 6A:16-3.1(a)5 and N.J.A.C. 6A:9-13.2 establish the requirements for the functions and the certification of student assistance coordinators. (The title of substance awareness coordinator was changed to student assistance coordinator in N.J.S.A. 18A:40A in 2009.) 

N.J.S.A. 18A:40A-10 and 11 (1987) and State Board of Education Administrative Code N.J.A.C. 6A:16-4 (2006) establish the procedural requirements for alcohol and other drug abuse intervention, including policies and procedures, reporting and examination procedures for students suspected of being under the influence of alcohol or other drugs or steroids, and voluntary policies for the random testing of student alcohol or other drug use.
N.J.S.A. 18A:40A-11 (1987) and State Board of Education Administrative Code N.J.A.C. 6A:16-4.1 (2006) require school districts to adopt policies for the assessment, intervention, referral for evaluation, referral for treatment and discipline of students whose use of alcohol or other drugs has affected their school performance, or for students who consume or are suspected of being under the influence of substances in school or at school functions. This includes anabolic steroids.

State Board of Education Administrative Code N.J.A.C. 6A:16-5.3 (2006) requires school employees who observe or have direct knowledge of an act of possession or distribution or being under the influence of alcohol or other drugs or an act of violence to file an incident report. N.J.S.A. 18A:40A-22 and State Board of Education Administrative Code N.J.A.C. 6A:16-4.4 (2006) permit school districts to adopt policies and procedures for the random testing of students for the use of alcohol and controlled dangerous substances, including anabolic steroids, for students in grades 9-12 who participate in extra-curricular activities, including athletics or who possess parking permits.

Executive Order 72 (2005) requires the Department of Education to work in conjunction with the New Jersey State Interscholastic Athletic Association (NJSIAA) to develop and implement a program of random testing for steroids of teams and individual students qualifying for championship games. Under the NJSIAA policy, students are required to consent in writing to random testing before participating in interscholastic sports. Tested athletes are to be selected from all athletes participating in championship competition.

Collaboration with Law Enforcement: N.J.S.A. 18A:37-17 (2002) recommends schools and school districts adopt bullying prevention programs that include the involvement of law enforcement. State Board of Education Administrative Code N.J.A.C. 6A:16-5.1 (2005) requires the chief school administrator to consult with law enforcement agencies and emergency management planners in the development of the district’s plans, procedures and mechanisms for school safety.

State Board of Education Administrative Code N.J.A.C. 6A:16-6.1, 6.2, 6.3, 6.4, and 6.5 (2001) require district boards of education to adopt and implement policies and procedures to ensure cooperation between school staff and law enforcement authorities in all matters relating to the unlawful possession, distribution and disposition of alcohol, drugs, and weapons and safety. Such policies are to include cooperation with the planning and conduct of law enforcement activities and operations occurring on school property, including arrest procedures and undercover school operations, and must be consistent with the policies and procedures established in State Board of Education Administrative Code N.J.A.C. 6A:16-6 and with the format and content of the Uniform State Memorandum of Agreement Between Education and Law Enforcement Officials established by the Attorney General and the Commissioner of Education.

New Mexico

Last Updated: 5/18/2011

State Board of Education Administrative Code 6.11.2 NMAC (2000) provides a comprehensive framework within which local school boards and districts can carry out their educational mission and exercise their authority and responsibility to provide a safe environment for student learning.

6.30.2.10
NMAC (2000) requires schools to provide a safe, clean, well maintained, orderly and purposeful environment that is conducive to teaching and learning. The code also requires school districts to provide safe, healthy, orderly, clean, and in good repair school facilities and grounds.

6.29.1.9.B (6)
NMAC, requires the district superintendent or the administrator of a charter school to be accountable for student safety, to ensure that all students are supervised while on school property and while attending or traveling to school events or activities on school-provided transportation, and to ensure that all buildings, grounds and facilities provide a safe and orderly environment for public use.

6.29.1.9
.O (1) through (6) NMAC, requires each school district or charter school shall ensure that all buildings, facilities and grounds provide a safe and orderly environment for public use that they shall be: safe, healthy, orderly and clean and in good repair; in compliance with ADA-Part III and state fire marshal regulations; safe for conducting experiments and school projects in all school laboratories and shops, as established in written school safety procedures which are reviewed annually,  appropriate procedures for the storing , handling and removal of toxic and dangerous substances shall be established and implemented; all school programs shall comply with standard safety practices and all applicable state and federal regulations; and the use of pesticides will be governed by standards listed in this section.

6.19.3
(2004) NMAC implements the dangerous schools mandate of the NCLB Act by requiring a safe school option be available to students attending persistently dangerous schools. Further, schools must offer, within ten days of the incident, a complete transfer to a safe school for any student who has been the victim of a violent crime, such as aggravated battery, to be completed within 30 days.

6.12.6.8D
 NMAC requires school safety plans at each school building focused on supporting healthy and safe environments and including but not necessarily limited to : prevention, policies and procedures, tactical emergency response plans, and recovery.

6.12.4 NMAC, prohibits the use of tobacco products, alcoholic beverages and illicit drugs in school buildings, on school property and for students at school functions away from school property.



Section 30-31.2.Y NMSA 1978, defines a drug free school zone as a public school or property and the area within 1000’ feet of the school property line.

Fighting/Gangs: State Board of Education Administrative Code 6.11.2.9 NMAC prohibits disruptive conduct and criminal or delinquent acts and gang-related activity inside and within the legal limits of all public schools. Local school boards are granted discretion to develop further rules of conduct.


Weapons: State Board of Education Administrative Code 6.11.2.9 NMAC requires each school district to adopt a policy providing for the expulsion, for a period of not less than a year, of any student who knowingly brought a weapon to a school under the jurisdiction of the local school board. 32A-2-33 NMSA (no date available) requires a public school administrator or employee to report a child who is suspected to possess a firearm on school premises to law enforcement agency and to the children, youth and families department.

New Mexico also adheres to the Gun Free Schools Act of the ESEA, and individual school districts have reportedly implemented zero tolerance policies.

Drugs and Alcohol: State Board of Education Administrative Code 6.11.2.9 NMAC gives authority to local school boards to adopt policies regulating the use of any controlled substances, alcohol, and tobacco in public schools. 22-5-4.4 NMSA (no date available) requires school employees to report any knowledge or good faith suspicion of a student using or abusing alcohol or drugs.

Collaboration with Law Enforcement: State Board of Education Administrative Code 6.11.2.10 NMAC gives administrative authority the discretion, unless a local board policy provides otherwise, to notify law enforcement, the local Children's Court attorney, or district attorney when a search discloses illegally possessed contraband material or evidence of some other crime or delinquent act.


Nevada

Last Updated: 7/14/2009

The Unsafe School Choice Option Policy for Nevada (2003) requires students be given the option to attend a safe" public school within the school district per the NCLB Act of 2001.

Fighting/Gangs: NRS 392.4635 (2009) requires the board of trustees of each school district to establish policies that prohibits the activities of gangs on school property, including wearing any clothing or carrying any symbols denoting affiliation or membership in a gang and participating in activity that encourages participation in a gang or facilitates illegal criminal acts. The policy may also include the provision of training for the prevention of activities of criminal gangs on school property.

NRS 392.910 (2001) makes the assault of a student or school employee while in a school, on school grounds, at a public school sponsored activity, or on a vehicle owned, leased, or chartered by a school district for transportation a misdemeanor offense. NRS 392.466 (2003) states that any pupil who commits a battery which results in the injury of a school employee while on public school premises, on a school bus, or at a public school sponsored activity will be suspended or expelled for at least one school semester for a first offense. A second offense will result in permanent expulsion from the school. 

Weapons: NRS 202.265 (2001) prohibits any person from carrying or possessing, while on public or private school property or in a vehicle of a public or private school, a number of specific weapons and firearms. Violation of this statute is a gross misdemeanor. NRS 392.466 (2003)  states that any pupil found possessing a firearm or dangerous weapon, without the express approval of the school principal, while on public school premises, on a school bus, or at a public school sponsored activity will be expelled for at least one year for a first offense. A second offense will result in permanent expulsion from the school.

Drugs and Alcohol: NRS 392.466 (2003) prohibits any pupil from selling or distributing any controlled substance while on public school premises, at any public school sponsored activity, or on any school bus. A first offense results in the suspension or expulsion of the student for one semester. A second offense results in permanent expulsion.

Collaboration with Law Enforcement: Senate Concurrent Resolution No. 18 urges schools and local law enforcement to collaborate to find funding for the establishment of anti-gang pilot programs based on programs such as D.A.R.E. and G.R.E.A.T.


New York

Last Updated: 3/16/2009

Commissioner's Regulation 100.2 (l) (2001) requires the board of education of each school district to adopt a written policy on school conduct and discipline, which includes strategies and procedures for maintaining and enforcing public order on school property.

Fighting/Gangs: Commissioner's Regulation 100.2 (l) and Education Law 2801 (no date available) require each board of education to adopt and enforce a code of conduct, which includes disciplinary measures to be taken in incidents involving the use of physical force.

Weapons: Commissioner's Regulation 100.2 (l) and Education Law 2801 (no date available) require each board of education to adopt and enforce a code of conduct, which includes disciplinary measures to be taken in incidents involving the possession or use of weapons.

Drugs and Alcohol: Commissioner's Regulation 100.2 (l) and Education Law 2801 (no date available) require each board of education to adopt and enforce a code of conduct, which includes disciplinary measures to be taken in incidents involving the possession or use of illegal substances.

Collaboration with Law Enforcement: Education Law 2801-a requires every school board to make collaborative arrangements with state and local law enforcement officials to aid in violence prevention and intervention strategies, such as the training and recruitment of school security officers.


Ohio

Last Updated: 2/2/2011

Fighting/Gangs: No state policy.

Weapons: ORC 2923.122 (2004) prohibits any person from conveying, attempting to convey, or knowingly possessing a deadly weapon or dangerous ordnance in a school safety zone. Violation of this statute is a fifth degree felony for a first offense and a felony of the fourth degree for subsequent offenses. Objects indistinguishable from a firearm and indicating that it is real is also prohibited. Violations are considered first degree misdemeanors for first time offenders and fifth degree felonies for subsequent offenses. Also, those offenders under the age of 19 will have their driver's licenses suspended.

Drugs and Alcohol: No state policy.

Collaboration with Law Enforcement: No state policy.


Oklahoma

Last Updated: 10/8/2008

Statute 70-24-100.3 (2002) established the goal of creating an environment free of unnecessary disruption, which is conducive to the learning process by implementing policies for the prevention of harassment, intimidation, and bullying.

Statute 70-24-100.6 (2007) allows students who have been vicitims of certain felony offenses by other students, as well as the siblings of the student victims, have the right to be kept separated from the student offender both at school and during school transportation.

Fighting/Gangs: The state does not have a policy specifically addressing fighting and gang activity by students in schools.  However, Statute 10-7302-7.1 (2004) provides programs for adjudicated delinquents and highest risk children and their families who live in at-risk neighborhoods and communities as well as aiding all communities in developing delinquency and gang intervention and prevention programs and activities.

Weapons: Statute 21-1280.1 (1999) states that it is unlawful for any person to possess a firearm or weapon on any public or private school property or while in any school bus or vehicle used by any school for transportation of students or teachers. Violation of this statute constitutes a felony punishable by a fine not to exceed $5,000 and imprisonment for up to two years. A person in violation of this statute who has a concealed handgun license will have their license permanently revoked and be fined $100.

Drugs and Alcohol: Statute 70-1210.229-2 (1992) encourages schools to implement drug and alcohol abuse prevention programs. Statute 70-1210.229-5 (1991) requires the State Superintendent of Public Instruction, the Department of Education, and the Drug and Alcohol Abuse Policy Board to establish and annually review model drug and alcohol abuse policies, including disciplinary actions.

Collaboration with Law Enforcement: Statute 70-24-132.1 (2001) requires every school authority to immediately deliver any weapon or firearm, removed or otherwise seized from any minor, to a law enforcement authority for appropriate disposition.


Oregon

Last Updated: 10/8/2008

OAR 581-022-0606 (1996) requires school districts to develop and implement a written improvement plan for the district and each school, to include programs and policies for a safe school environment. Also, Chapter 617 Oregon Laws (2001) states "a safe and civil learning environment is necessary for students to learn and achieve high academic standards".

ORS 342.700 (1997) also requires school districts to adopt a policy on sexual harassment that meets the requirements under ORS 342.704 (1997) and have said policy posted in all grade 6-12 schools. The policy must prohibit all staff and students from participating in acts of sexual harassment, defined in detail in this statute.

Fighting/Gangs: ORS 339.250 allows district boards to authorize the discipline, suspension, or expulsion of any student who assaults either a school employee or another student. Teachers, administrators, and school employees and volunteers are also given authority to use reasonable physical force upon a student when necessary to maintain order in the school, classroom, or at a school activity or event on or off school property.

Weapons: ORS 339.250 requires school districts to have a policy requiring at least an one year suspension for students who bring, possess, conceal, or use a weapon to school, on school property under the jurisdiction of the district, to a school activity under the jurisdiction of the district, or to an interscholastic activity administered by a voluntary organization approved the State Board of Education. The incident must also be referred to the appropriate law enforcement agency.

ORS 339.315 (1999) further specifies that any employee of a public school district, an education service district, or a private school with reasonable cause to believe a person, while in school, is or has within 120 days possessed a firearm or destructive device must report this information to a school administrator, director, designee, or law enforcement within the county. An administrator, director, or designee must then promptly report such information to law enforcement within the county. If it has been more than 120 days, then law enforcement may but need not be contacted.

Drugs and Alcohol: No state policy.

Collaboration with Law Enforcement: Chapter 617 Oregon Laws calls for the Center for School Safety to develop a plan that engages local community agencies, including law enforcement agencies in assessing public school safety and student discipline procedures.

ORS 339.250 requires school districts to have a policy requiring cases of expulsion due to weapons use or possession by referred to the appropriate law enforcement agency. ORS 339.315 further requires any school employee, director, or administrator, public or a private, with reasonable cause to believe a person, while in school, is or has within 120 days possessed a firearm or destructive device to report this information to law enforcement within the county.


Pennsylvania

Last Updated: 1/2/2012

No specific state policy requires a safe and secure learning environment. However, 24 P.S. 13-1302-A (1999) does create the Office for Safe Schools within the Department of Education, whose concern is promoting safe school environments.

Fighting/Gangs: No state policy.

Weapons: 24 P.S. 13-1317.2 (1997) requires school districts and area voc-tech schools to expel students for at least one year who have been found to have brought or possessed a weapon on any school property, school-sponsored activity, or any public conveyance providing transportation to a school or school-sponsored activity.

Allowable exceptions are weapons needed for school approved programs and unloaded weapons possessed while traversing school property for the purpose of obtaining access to public or private lands used for lawful hunting, if entry is authorized by school authorities.

Drugs and Alcohol: No state policy.

Collaboration with Law Enforcement: 24 P.S. 13-1303-A requires all school entities to develop a memorandum of understanding with local law enforcement, setting forth procedures to be followed when an incident involving an act of violence or possession of a weapon occurs on school property.


Rhode Island

Last Updated: 2/13/2013

Statute 16-2-17 (1956) states that each student, staff member, teacher, and administrator have a right to attend/work at a school that is safe and secure, conducive to learning, and free from threat, actual or implied, of physical harm by a disruptive student. This statute also allows school committees or school principals to suspend a pupil found guilty of disruptive conduct or where a student represents a threat to the rights of students, teachers or administrators from attending/working in a safe and secure school environment.

Statute 16-21-21 (1995) requires each school committee to make, maintain, and enforce a student discipline code that fosters and promotes a positive learning environment.

Statute 16-21-30 (2007) requires each school district to establish a specific policy to address incidents of dating violence involving students at school.  The department of education is required to develop a model dating violence policy to assist school districts in this policy.  The policy must include a statement that dating violence will not be tolerated, dating violence reporting procedures, guidelines to responding to incidents of dating violence at school and discipline procedures for such incidents.

Fighting/Gangs: No state policy.

Weapons: Statute 16-21-18 (1995) and Section 38.0 of the Rules and Regulations for School Health  (2009) prohibit students from bringing or possessing a weapon, firearm, or realistic replica of a firearm within school premises, which includes areas being used for school purposes or activities, vehicles for school transportation, and roadways and paths along which school children or teachers are walking to school. Weapons possession is punishable by one year's suspension from school. Section 38.1.1 Rules and Regulations for School Health  (2009) requires the discipline policies regarding incidents of students in possession of weapons to be imposed on a case-by-case basis.

Drugs and Alcohol: Section 39.0 of the Rules and Regulations for School Health (2009) requires all schools [to] have policies regarding possession of alcohol and other drugs and [to] have on-going prevention activities and programs". Statute 16-21-16 (1976) grants immunity from liability any teacher who reports suspicions about a minor student's abuse of narcotic drugs or other drugs to school officials pursuant to school policy.  Statute 16-21-21.1 (2007) requires that the discipline of any public school student for violating a school policy relating to the possession or use of alcohol, drugs or weapons not described in Statute 16-21-18 (1995) shall be imposed on a case-by-case basis pursuant to guidelines developed by the school committed for that district.

Statute 16-21.4-2 (2005) disallows any teacher, director, sports coach, or other school official from knowingly selling or distributing any performance-enhancing dietary supplement to students.

Collaboration with Law Enforcement: Statute 16-21-24 (2001) requires school safety plans to include collaborative arrangements with local and state law enforcement officials.


South Carolina

Last Updated: 9/17/2009

Code 59-17-135 requires schools to provide for the safest environment possible for students to learn. Regulation R 43-279 (1991) sets the minimum student code of conduct standards that are to be implemented by local school districts. Code 59-10-320 (2005) requires the State Department of Education to make available to each district a coordinated school health model to address children's health issues, including safe and healthy environment.

Fighting/Gangs: State Board of Education Regulation R 43-279 categorizes fighting as disruptive conduct level II and should be given consequences accordingly.

Weapons: State Board of Education Regulation R 43-279 categorizes the possession, use or transfer of dangerous weapons as disruptive conduct level III and should be given consequences accordingly. Code 59-63-235 (no date available) requires district school boards to expel for at least one year students found to have brought a firearm to a school or any setting under the jurisdiction of a local board of trustees. District boards must also adopt a policy requiring the referral of such students to the Department of Juvenile Justice.

Drugs and Alcohol: State Board of Education Regulation R 43-279 categorizes the possession or use of unauthorized substances as a disruptive conduct level II and should be given consequences accordingly. The furnishing, selling, or possession of unauthorized substances or controlled substances, including narcotics and drugs, is categorized as a disruptive conduct level III and should be given consequences accordingly. 

Collaboration with Law Enforcement: Code 59-63-140 encourages schools and districts to establish bullying prevention programs and other initiatives involving law enforcement.


South Dakota

Last Updated: 1/12/2013

Administrative Rule 24:08:03:01 (2001) requires educators to make a reasonable effort to maintain discipline and order in the classroom and the school system to protect the students from conditions harmful to learning, physical and emotional well-being, health, and safety.

Bullying/Harassment: No state policy.

Fighting/Gangs: The state does not have a policy specifically addressing fighting and gangs; however, Statute 13-32-2 (1990) allows superintendents, principals, supervisors, and teachers and their aids to use physical force when reasonable and necessary for supervisory control over students.

Hazing: No state policy.

Weapons: Statute 13-32-7 (2002) states that no one, other than law enforcement, is allowed to possess, store, keep, leave, place, or give possession to another any firearm, air gun, or other dangerous weapon on primary or secondary school premises, vehicle, or building; including any premise, vehicle, or building leased for school activity. Violation of this policy, whether or not any person is endangered, is a Class 1 misdemeanor. Starting guns at athletic events, firearms or air guns at firing ranges, gun shows, supervised schools or sessions for training in the use of firearms, and the ceremonial presence of unloaded weapons at color guard ceremonies are not prohibited. Administrative Rule 24:05:26:08.01 (2000) outlines procedures to follow if an expulsion due to a violation of the school’s weapons rules.

Drugs and Alcohol: Statute 13-32-9 (2003) states that “Any person adjudicated, convicted, or the subject of a suspended imposition of sentence for possession, use, or distribution of controlled substances or marijuana…is ineligible to participate in any extracurricular activity at any secondary school accredited by the Department of Education for one year.” Subsequent offenses will result in permanent ineligibility.

Collaboration with Law Enforcement: No state policy.


Tennessee

Last Updated: 9/29/2011

Code Ann. § 49-6-4216  (2000) requires LEAs to adopt written policies and procedures to ensure a safe and secure learning environment. Code Ann. § 49-6-3401 (2007) allows a principal, principal-teacher or assistant principal to suspend any pupil from attendance at a specific class, classes or school-sponsored activity without suspending such pupil from attendance at school pursuant to an in-school suspension policy adopted by the LEA. 

Code 49-6-(3-15) or the SAVE Act Schools Against Violence in Education) establishes specific and consistent requirements for local education agencies in providing a safe school environment. This includes developing a district-wide school safety plan and building-level school safety plans regarding crisis intervention, emergency response and emergency management. The act also establishes a state-level safety team to provide guidance to school districts in their efforts to address, plan, and implement an emergency response plan.        

Fighting/Gangs: Code 49-6-4215 (2008) allows local and county boards of education to promulgate and adopt rules and regulations to prohibit the activities of criminal gangs on school property. This includes the following: (1) Prohibiting students in grades 6-12 from wearing, while on school property, any clothing, apparel, or accessory which denotes membership or affiliation with any criminal gang, (2) Any activity that encourages participation in a criminal gang or facilitates illegal acts of a criminal gang, and (3) Any conduct that is seriously disruptive to the educational process or endangers persons or property. "Criminal gang" is defined in the statute.

Code 49-6-1027 (2008) requires each local education agency to annually evaluate the threat to and influence on students by gangs in the community. If the LEA finds that there is a substantial threat to or influence on students by gangs, then it must institute gang awareness education for elementary and middle school students and their parents in schools in neighborhoods with gang activity or the potential for gang activity.

Code 49-6-3401 (2007) allows students to be suspended for violence against another person attending or assigned to any public school. Code 49-6-3401 (2007) states that fights not involving the use of a weapon or does not result in serious injury to the involved parties shall only be reported to the school administrator. Code 49-6-4216 (2000) requires local and county boards of education to implement written policies and procedures to impose a zero-tolerance stance on students who assault teachers, students, or other persons while on school property, on a school bus, or at a school activity or event.

Weapons49-6-3401  (2007) allows students to be suspended for possession of a knife while on school property and requires a mandatory calendar year expulsion for any pupil determined to have brought to school, or to be in unauthorized possession on school property of, a firearm as defined in 18 U.S.C. § 921. Code 49-6-4216 (2000) requires local and county boards of education to implement written policies and procedures to impose a zero-tolerance stance on students who bring dangerous weapons onto school buses, school property, or to school events or activities.

Drugs and Alcohol: Code 49-6-3401 (2007) requires a mandatory calendar year expulsion for any pupil found in unlawful possession of drugs.

Code 49-6-4216  (2000) requires local and county boards of education to implement written policies and procedures to impose a zero-tolerance stance on drugs and drug paraphernalia.

Collaboration with Law Enforcement: Code 49-6-4302 (1999) also allows schools to partner with local law enforcement agencies to hire school resource officers. Code 49-6-3401 (2007) requires school principals with knowledge of an assault and battery committed by a student on school property must report said action to local law enforcement. Code 49-6-4215 (1994) requires local law enforcement agencies to advise the local school boards, upon request, of gangs which are associated with criminal activities.


Texas

Last Updated: 10/1/2010

Objective 8 of Education Code 4.001 (2003) states that, school campuses will maintain a safe and disciplined environment conducive to student learning." Education Code 37.001 (2003) requires the board of trustees to adopt a student code of conduct for the district.

Fighting/Gangs: Texas has no specific state policy concerning physical fighting; however, Education Code 37.001 (2001) requires the board of trustees of an independent school district to adopt a student code of conduct, which must include circumstances in which a student may be removed from a classroom or campus and suspended or expelled. Such circumstances, per Education Code 37.005 37.007 (2001), including aggravated assault. Education Code 37.121 (2003) also states it is illegal to be a member of, pledge to be a member of, join, or solicit members to join a public school gang. Such offense is considered a class C misdemeanor.

Weapons: Education Code 37.125 (1995) states that exhibiting, using, or threatening to use or exhibit a firearm, interfering with the normal use of a building, portion of campus, or school bus being used to transport children to or from school-sponsored activities of a public or private school is a third degree felony.

Education Code 37.007 (2003) makes the use, exhibition, or possession of a firearm, illegal knife, club, or other weapon an expellable offense when committed on school property or while attending a school-sponsored or school-related activity, on or off school property. Further, it is also illegal to possess a firearm within 300 feet of school property. Firearms possession carries a mandatory one year expulsion.

Education Code 37.0021 (2003) states that locked, unattended confinement is not prohibited in an emergency situation while waiting for law enforcement if the student possesses a weapon and may potentially cause bodily harm to others.

Drugs and Alcohol: Education Code 38.007 (1995) requires the board of trustees of a school district to prohibit the use of alcoholic beverages at school-related or school-sanctioned activities on or off school property. Further, the board shall attempt to provide a safe alcohol-free environment to students coming to or going from school".

Education Code 37.007 makes the possession, sale, giving, delivery, use, or being under the influence of a controlled substance, dangerous drug, or alcoholic beverage an expellable offense within 300 feet of school property or at a school-sponsored or school-related activity. Such students are required to be removed to a disciplinary alternative education program, per Education Code 37.006 (2003).

Education Code 38.008 (1995) requires every school with students in the 7th grade or higher to post in a conspicuous location in the school gym and each other location where physical education is held a notice, detailed within this statute, about the dangers and illegality of anabolic steroids.

Education Code 33.091 (2007) requires the athletic league to adopt rules for the administration of a state wide random steroid testing program under which students participating in an athletic competition sponsored or sanctioned by the league are tested for the presence of steroids in students' bodies.   The rules for the steroid testing program must (1) require each school district to submit to the league a list of students who are subject to testing, (2) establish a statistically significant number of students, (3) provide for the generation of a random list of selected students to be tested by each school district, and (4) require each school district to test the selected students at a league-approved, certified laboratory.

Collaboration with Law Enforcement: Education Code 37.015 (2003) requires every public or private school principal to notify law enforcement if there are reasonable grounds to believe that a criminal offense, detailed in this statute, has or will occur in school, on school property, or at a school-sponsored or school-related activity on or off school property. Education Code 38.007 also requires districts to collaborate with law enforcement to attempt to provide a safe alcohol-free environment to students coming to or going from school.


Utah

Last Updated: 4/26/2010

R277-609 (2006) requires that each school district and charter school develop and implement "a board approved comprehensive district plan for school discipline." The plan must include: (1) goals, objectives (emphasizing the teaching of self-discipline, citizenship and social skills), (2) an evaluation process, (3) an ongoing staff development program related to self-discipline, good citizenship and social skills, (4) policies and procedures related to the use and abuse of alcohol and controlled substances, and (5) policies to define, prohibit, and intervene in bullying, including the requirement of awareness and intervention strategies and training for social skills, for students and school staff.

R277-483 (2003) allows a student attending a persistently dangerous school, or who has been a victim of a violent criminal offense on school grounds, to attend a safe public school within the school district. Schools designated as persistently dangerous must develop a corrective action plan that includes improving communication among schools, parents, and local law enforcement.

Fighting/Gangs: Section 53A-15-603 (2010) requires the state board to adopt rules requiring local boards and charter school governing boards to adopt gang prevention and intervention policies. Authorizes the state board rules to include provisions related to (1) school staff reporting of suspected gang activities; (2) exclusion of gang members from participation in extracurricular activities; (3) response to gang-related graffiti or damage to school property; (4) parental notification of serious gang-related incidents on school property (5) training of school personnel to recognize early warning signs for youth in trouble and help students resist serious involvement in undesirable activity, including joining gangs or mimicking gang behavior; (6) prohibitions of specified behavior, including wearing of gang apparel or flashing of gang signs. The statute authorizes the state board to require local boards or charter school governing boards to publicize the policies to all students, parents and faculty through school Web sites, handbooks and other reasonable means of communication.

R277-436 (1999) establishes rules and procedures for distributing funds for gang prevention and intervention programs.

Weapons: Code 53A-11-904 states that a student will be suspended or expelled from a public school for possession, control or actual or threatened use of a real weapon or look alike, explosive, or noxious or flammable material.

Code 53A-13-106 (1998) allows districts to permit volunteers or teachers to provide firearm safety education classes for students to develop knowledge habits, skills, and attitudes necessary for safe handling of firearm and to help students avoid firearm injuries.

Drugs and Alcohol: Code 53A-11-904 states that a student will be suspended or expelled from a public school for both the possession, control, or use of an alcoholic beverage and the sale, control, or distribution of a drug or controlled substance, an imitation controlled substance, or drug paraphernalia.

Collaboration with Law Enforcement: R277-483 requires schools designated as persistently dangerous to develop a corrective action plan that includes improving communication among schools, parents, and local law enforcement.


Virginia

Last Updated: 11/16/2010

Code 22.1-279.6 (2005) requires school boards to adopt a code of student conduct to preserve a safe, non-disruptive environment for effective teaching and learning. Code 22.1-279.9 (2004) also requires school boards to develop prevention programs for violence and crime on school property and at school-sponsored events.

Code 22.1-276.2 (2001) gives teachers the authority and outlines the criteria for removing a student from class for disruptive behavior. Code 22.1-277.04 (2001) further allows a pupil to be suspended for no more than 10 school days if the pupil's presence poses a danger to persons or property or is an ongoing threat of disruption.

Fighting/Gangs: Code 22.1-279.6 requires the Board of Education to establish guidelines and to develop model policies for codes of student conduct to include gang-related activity and intentional injury of others. 8VAC20-131-260 (1993) requires schools to have a written procedure, in accordance with local school board guidelines, for responding to violent, disruptive, or illegal activities by students on school property or while at a school sponsored activity.

Code 18.2-415 (1990) states that any person who causes a disruption in a school whereby the orderly conduct of the institution is interfered with or has a direct tendency to cause acts of violence from the students is guilty of disorderly conduct, a Class 1 misdemeanor. Code 16.1-260 (2004) further requires the intake officer of a juvenile court to file a report with the division superintendent of the school division in which any student is subject of a petition alleging they were a member of, participated in, or recruited for a (criminal) street gang or has assaulted or caused bodily harm on another. These acts are felonies per Codes 18.2-46.2 (2000) and 18.2-46.3 (2005) and carry more severe punishments if committed in a school zone.

Weapons: Code 22.1-277.07:1 (2004) allows each school division to develop and implement policies prohibiting the possession of firearms on school property, school buses, and at school-sponsored activities. Code 16.1-260 requires the intake officer of a juvenile court to file a report with the division superintendent of the school division in which any student is subject of a petition alleging they committed a firearm offense pursuant to Codes 18.2-279, 18.2-288, 18.2-299, and 18.2-308. Code 22.1-277.07 requires a school board to expel a pupil from school for not less than 1 school year if it is determined that the pupil brought a firearm onto school property or to a school-sponsored activity in compliance with the federal Improving America's Schools Act of 1994.

Drugs and Alcohol: Code 22.1-279.6 requires the Board of Education to establish guidelines and to develop model policies for codes of student conduct to include standards consistent with state and federal law concerning school board policies on drugs and alcohol. Code 22.1-277.08 (2001) requires school boards to expel any student determined to have brought a controlled substance, imitation controlled substance, or marijuana onto school property or to a school-sponsored activity.

Code 22.1-292.2 (2005) requires the Board of Education to suspend or revoke the license of any teacher who "knowingly and willfully with the intent to compromise the outcome of an athletic competition procures, sells, or administers anabolic steroids or causes such drugs to be procured, sold, or administered to a student who is a member of a school athletic team, or fails to report the use of such drugs by a student to the school principal and division superintendent".

Collaboration with Law Enforcement: Code 22.1-279.9 requires school boards to develop prevention programs for violence and crime on school property and at school-sponsored events, in collaboration with local law enforcement agencies. Code 22.1-279.8 (2004) allows school boards to establish a school safety audit committee, which may consist of local law enforcement agents. Code 22.1-288.1 (1990) requires each school board to develop cooperative arrangements with local law enforcement agencies to receive notification of missing children.


Vermont

Last Updated: 2/29/2012

16 VSA 565 (2003) requires all Vermont educational institutions shall provide safe, orderly, civil, and positive learning environments.

Board Rule 4000 (2004) requires local education agencies to ensure any student a persistently dangerous school or who is the victim of a violent criminal offense on public school grounds be allowed to attend a safe public school.

Fighting/Gangs: No state policy.

Weapons: 16 VSA 563 (2005) grants the district school board the authority to regulate or prohibit firearms or other dangerous or deadly weapons on school premises. Board Rule 4311.3 (2003) requires students who bring weapons to school to be expelled for a period of at least one year and be referred to a law enforcement agency by the district. Board Rule 4313.9 (2003) allows for the removal of students who possess or carry a weapon at school or a school function.

16 VSA 1166 (2003) requires each school board to adopt and implement policies regarding students who bring or possess firearms at school, which must include referral to a law enforcement agency and a minimum one-year expulsion. Each superintendent must also annually report to the commissioner each expulsion's circumstance, the total number of students expelled, and the type of firearm involved.

Drugs and Alcohol: 16 VSA 1165 (1983) requires the state board to formulate a policy and guidelines on the discipline of students involved with alcohol or drug abuse on school property or at school functions. Districts are to develop their own policies consistent with the state board's guidelines, found in Board Rule 4212 (2003).

Collaboration with Law Enforcement: Board Rule 4000 requires the school principal, before allowing a student that was the victim of a violent crime to exercise their safe school choice, to consult with any law enforcement agency investigating the alleged violent criminal offense and consider their reports and records. 16 VSA 1166 requires each school board to adopt and implement policies regarding students who bring or possess firearms at school, which must include referral to a law enforcement agency.


Washington

Last Updated: 10/6/2010

Fighting/Gangs: RCW 28A.600.455 (1997) allows public school students that are members of a gang and knowingly engages in gang activity on school grounds to expelled or suspended.

RCW 28A.300.280 (1994) requires, The superintendent of public instruction and the office of the attorney general, in cooperation with the Washington state bar association, [to] develop a volunteer-based conflict resolution and mediation program for use in community groups such as neighborhood organizations and the public schools. The program shall use lawyers to train students who in turn become trainers and mediators for their peers in conflict resolution".

Weapons: RCW 28A.600.420 (1997) states, Any elementary or secondary school student who is determined to have carried a firearm onto, or to have possessed a firearm on, public elementary or secondary school premises, public school-provided transportation, or areas of facilities while being used exclusively by public schools, shall be expelled from school for not less than one year". Furthermore, any malicious act involving the display of an instrument that appears or appeared to be a firearm shall be subject up to a one-year suspension. Any student involved in authorized military education training with rifles, authorized convention lecture, or demonstration in firearms safety, or authorized rifle competition is exempt from this policy.

RCW 28A.320.130 (1993) requires each school district and private school to report to the superintendent of public instruction all known incidents involving the possession of weapons on school premises, on transportation systems, or in areas of facilities while being used exclusively by public or private schools.

Drugs and Alcohol: No state policy.

Collaboration with Law Enforcement: RCW 28A.600.475 (1998) allows schools and law enforcement to share and exchange information to the extent that the Family Educational and Privacy Rights Act of 1974 allows.


Wisconsin

Last Updated: 3/26/2013

Statute 120.13 requires school districts to adopt codes of conduct , gives teachers authority to remove unruly pupils from class, and specifies the types of behaviors that may lead to suspension and expulsion. Code PI 23.04 (2003) requires a school district allow a student to transfer to another school in the school district if the student has been a victim of a violent criminal offense.

Fighting/Gangs: Statute 115.368 (1995) requires the Department of Public Instruction to provide consultation and technical assistance to public and private schools for the development and implementation of protective behaviors programs, aimed at preventing physically intrusive and abusive situations.

Statute 118.07(4) requires school boards to adopt safety plans for each school.

Weapons: Statute 120.13 (2001) requires the school district administrator or any principal or teacher designated by the district administrator to suspend a student for possessing a firearm at school or while under the supervision of a school authority. This statute also requires a school board to expel a student for at least one year for possession of a firearm while at school or under the supervision of a school authority.

Code PI 23.05 (2003) defines a school as persistently dangerous if a school board expelled at least 1% of its pupils for assault, endangering behavior or weapons-related offense. Code PI 23.04 requires a school district allow a student to transfer to another school in the school district if the student attends a school that has been identified as persistently dangerous.

Drugs and Alcohol: No state policy specific to school premises.

Collaboration with Law Enforcement: Act 292 (2004) allows schools and law enforcement agencies to share confidential information regarding students who are subjects of investigations prior to adjudication, if a memorandum of understanding exists.


West Virginia

Last Updated: 12/19/2010

Code 18-2C-1 (2001) finds that a safe and civil environment in school is necessary for students to learn and achieve high academic standards. The law then charges all school employees to set an appropriate example to encourage a safe learning environment.

Board Policy 2510 (2008) sets forth regulations for schools to provide a safe and caring environment that fosters supportive relationships, is free from harassment, intimidation, bullying, discrimination and other inappropriate forms of conduct, and involves parents.  Board Policy 4373 (2002) sets the requirements for the conduct of students to assure a violence and harassment free learning environment. The rule specifically outlines unacceptable behavior by students and charges county boards of education with the implementation of this policy. 

Fighting/Gangs: Board Policy 4373 (2002) sets forth the required code of conduct for all students in the state. The rule details the disciplinary action and procedure to be taken in the event of a physical altercation, a Level III" punishable offense. The rule details the disciplinary action and procedure to be taken for gang activity, a Level II" punishable offense. Gang activity includes wearing or displaying gang clothes, colors, or insignia, using gang phrases or gestures, gang recruitment, and the gathering of two or more persons to discuss gang promotion or engage in gang activities.

Weapons: Board Policy 4373 sets forth the required code of conduct for all students in the state. The rule details the disciplinary action and procedure to be taken against a student who possesses a firearm or deadly weapon on or in any school building, structure, facility, grounds, or school-sponsored function, in violation of Code 18A-5-1A, a Level IV" punishable offense.

Drugs and Alcohol: Board Policy 2422.5 (2005) and Policy 4373 prohibit the possession, use, or distribution of any alcohol product, illegal substance, or drug paraphernalia on property owned, leased, or operated by schools, at an education-sponsored event, on a school bus or vehicle used for school related events, or at a school-sponsored activity or event. Such violations are subject to suspension or expulsion as a Level III or IV" punishable offense.

Collaboration with Law Enforcement: Code 18-2C-5 recommends schools and county boards involve law enforcement in harassment, intimidation, and bullying programs and initiatives.


Wyoming

Last Updated: 3/25/2012

Wyoming does not have a specific state policy on maintaining a safe and secure learning nvironment. Section 21-4-306 (1977) allows suspension or expulsion of students on the following grounds: 1)Continued willful disobedience or open defiance of authority/school personnel, 2) willful destruction or defacing of school property, 3)any behavior (which in the judgment of the local board is clearly detrimental to the education, welfare, safety or morals of other pupils”, 4) torturing, tormenting or abusing a pupil or in any way maltreating a pupil with physical violence, 5) possession, use, transfer or carrying a deadly weapon as defined under Statute 6-1-104(a)(iv) on a bus or district property. 

Fighting/Gangs: Statute 21-4-306  states that Torturing, tormenting, or abusing a pupil or in any way maltreating a pupil or a teacher with physical violence" is grounds for suspension or expulsion.

Weapons: Statute 21-4-305 (1977) requires the district superintendent to expel from school for a period of one year any student determined to possess, use, transfer, carry or sell a deadly weapon within any school bus or within the boundaries of real property used by the district primarily for the education of students in grades kindergarten through twelve". Statute 21-4-306  further states that to possess, use, transfer, carry or sell a deadly weapon within any school bus or within the boundaries of real property used by the district primarily for the education of students in grades kindergarten through twelve is grounds for suspension or expulsion.

State Board Policy 7217, (no date available) prohibits visitors from possessing, storing, making, or using a weapon in any setting that is under the control and supervision of the Board for the purpose of school activities approved and authorized by the Board including, but not limited to, property leased, owned, or contracted for by the Board, a school-sponsored event, or in a Board-owned vehicle". Policy 3217 (no date available) applies the same to professional staff members.

Drugs and Alcohol: All 48 Wyoming School districts have specific policies in place prohibiting illegal drug and alcohol use on district property.

Collaboration with Law Enforcement: No state policy.


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