H 5120 General Bill, By E.H. Pitts, Duncan, Barfield, Loftis, Clemmons, 
Hamilton, G.R. Smith and Taylor
 A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 9
 TO CHAPTER 25, TITLE 59 SO AS TO ENACT THE "TEACHERS' BILL OF RIGHTS"; TO
 AMEND SECTION 59-63-210, RELATING TO THE GROUNDS FOR EXPULSION OR SUSPENSION,
 SO AS TO FURTHER PROVIDE FOR THEM; TO AMEND SECTION 59-63-230, RELATING TO
 NOTICES OF SUSPENSION AND CONFERENCES WITH PARENTS, SO AS TO FURTHER PROVIDE
 FOR NOTICES OF SUSPENSION AND CONFERENCES WITH PARENTS AND PROVIDE FOR THE
 PROCEDURE IF A PARENT FAILS TO ATTEND; TO AMEND SECTION 59-63-235, RELATING TO
 THE EXPULSION OF A STUDENT DETERMINED TO HAVE BROUGHT A FIREARM TO SCHOOL, SO
 AS TO PROVIDE FOR THE EXPULSION OF A STUDENT DETERMINED TO HAVE BROUGHT A
 FIREARM, A KNIFE, OR ANOTHER DANGEROUS INSTRUMENT, PROVIDE FOR WHEN A STUDENT
 MAY BE EXPELLED AFTER HE HAS BEEN SUSPENDED, ESTABLISH LIMITATIONS ON THE
 ADMISSION OF PREVIOUSLY EXPELLED STUDENTS, AND PROVIDE FOR REHABILITATION AND
 COUNSELING; BY ADDING SECTION 59-63-238 SO AS TO PROVIDE THAT SCHOOL OFFICIALS
 HAVE TOTAL DISCRETION IN IMPOSING CERTAIN DISCIPLINARY ACTIONS; BY ADDING
 SECTION 59-63-241 SO AS TO PROVIDE THAT A STUDENT MUST NOT BE DISCIPLINED FOR
 SELF DEFENSE EXCEPT WHEN HE IS THE AGGRESSOR; BY ADDING SECTION 59-63-242 SO
 AS TO PROVIDE THAT BEGINNING WITH THE 2009-2010 SCHOOL YEAR A SCHOOL
 ADMINISTRATOR SHALL RECUSE HIMSELF WHEN THE STUDENT BEING DISCIPLINED IS A
 MEMBER OF HIS IMMEDIATE FAMILY; BY ADDING SECTION 59-63-243 SO AS TO PROVIDE
 FOR THE DISCIPLINE OF STUDENTS AND PROVIDE THAT THE SCHOOL DISTRICT SHALL
 INDEMNIFY A TEACHER FOR SUITS BROUGHT REGARDING DISCIPLINARY ACTIONS; BY
 ADDING SECTION 59-63-247 SO AS TO PROVIDE FOR SEARCHES, PROVIDE THAT THE
 SCHOOL DISTRICT SHALL INDEMNIFY A TEACHER FOR SUITS BROUGHT REGARDING
 SEARCHES, AND PROVIDE FOR REPORTING OF IMPLEMENTS SEIZED; BY ADDING SECTION
 59-63-249 SO AS TO PROVIDE THAT THE SCHOOL DISTRICT SHALL INDEMNIFY AN
 EMPLOYEE FOR SUITS BROUGHT REGARDING CERTAIN ACTIONS AND PROVIDE EXCEPTIONS
 FOR INDEMNIFICATION; BY ADDING SECTION 59-63-251 SO AS TO PROVIDE FOR THE
 SEARCH OF PERSONS ENTERING PUBLIC SCHOOLS AND PROVIDE FOR AN EMPLOYEE'S
 INDEMNIFICATION; BY ADDING SECTION 59-63-255 SO AS TO ESTABLISH A DISCIPLINE
 POLICY REVIEW COMMITTEE, ITS COMPOSITION, AND POWERS; BY ADDING SECTION
 59-63-259 SO AS TO PROVIDE THAT ONLY AUTHORIZED VISITORS MAY ENTER A SCHOOL
 AND PROVIDE PENALTIES; BY ADDING SECTION 59-63-263 SO AS TO PROVIDE THAT ANY
 TEACHER, PRINCIPAL, OR ADMINISTRATOR IS NOT PERSONALLY LIABLE FOR ANY ACT OR
 FAILURE TO ACT IN DIRECTING OR DISCIPLINING SCHOOL CHILDREN AND PROVIDE
 EXCEPTIONS; BY ADDING SECTION 59-63-265 SO AS TO PROVIDE FOR THE ADOPTION OF A
 STUDENT CODE OF CONDUCT AND PROVIDE FOR IMMUNITY FOR REPORTING AN INCIDENT; BY
 ADDING SECTION 59-63-273 SO AS TO PROVIDE FOR ZERO TOLERANCE POLICIES FOR
 FIGHTING IN SCHOOLS; BY ADDING SECTION 59-63-277 SO AS TO PROVIDE FOR SCHOOL
 CRISIS MANAGEMENT AND RESPONSE PLANS; TO AMEND SECTION 59-17-135, RELATING TO
 CHARACTER EDUCATION, SO AS TO PROVIDE THAT EACH STUDENT SHALL EXHIBIT
 APPROPRIATE CONDUCT.

   04/14/04  House  Introduced and read first time HJ-71
   04/14/04  House  Referred to Committee on Education and Public
                     Works HJ-73

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 9 TO CHAPTER 25, TITLE 59 SO AS TO ENACT THE "TEACHERS' BILL OF RIGHTS"; TO AMEND SECTION 59-63-210, RELATING TO THE GROUNDS FOR EXPULSION OR SUSPENSION, SO AS TO FURTHER PROVIDE FOR THEM; TO AMEND SECTION 59-63-230, RELATING TO NOTICES OF SUSPENSION AND CONFERENCES WITH PARENTS, SO AS TO FURTHER PROVIDE FOR NOTICES OF SUSPENSION AND CONFERENCES WITH PARENTS AND PROVIDE FOR THE PROCEDURE IF A PARENT FAILS TO ATTEND; TO AMEND SECTION 59-63-235, RELATING TO THE EXPULSION OF A STUDENT DETERMINED TO HAVE BROUGHT A FIREARM TO SCHOOL, SO AS TO PROVIDE FOR THE EXPULSION OF A STUDENT DETERMINED TO HAVE BROUGHT A FIREARM, A KNIFE, OR ANOTHER DANGEROUS INSTRUMENT, PROVIDE FOR WHEN A STUDENT MAY BE EXPELLED AFTER HE HAS BEEN SUSPENDED, ESTABLISH LIMITATIONS ON THE ADMISSION OF PREVIOUSLY EXPELLED STUDENTS, AND PROVIDE FOR REHABILITATION AND COUNSELING; BY ADDING SECTION 59-63-238 SO AS TO PROVIDE THAT SCHOOL OFFICIALS HAVE TOTAL DISCRETION IN IMPOSING CERTAIN DISCIPLINARY ACTIONS; BY ADDING SECTION 59-63-241 SO AS TO PROVIDE THAT A STUDENT MUST NOT BE DISCIPLINED FOR SELF DEFENSE EXCEPT WHEN HE IS THE AGGRESSOR; BY ADDING SECTION 59-63-242 SO AS TO PROVIDE THAT BEGINNING WITH THE 2009-10 SCHOOL YEAR A SCHOOL ADMINISTRATOR SHALL RECUSE HIMSELF WHEN THE STUDENT BEING DISCIPLINED IS A MEMBER OF HIS IMMEDIATE FAMILY; BY ADDING SECTION 59-63-243 SO AS TO PROVIDE FOR THE DISCIPLINE OF STUDENTS AND PROVIDE THAT THE SCHOOL DISTRICT SHALL INDEMNIFY A TEACHER FOR SUITS BROUGHT REGARDING DISCIPLINARY ACTIONS; BY ADDING SECTION 59-63-247 SO AS TO PROVIDE FOR SEARCHES, PROVIDE THAT THE SCHOOL DISTRICT SHALL INDEMNIFY A TEACHER FOR SUITS BROUGHT REGARDING SEARCHES, AND PROVIDE FOR REPORTING OF IMPLEMENTS SEIZED; BY ADDING SECTION 59-63-249 SO AS TO PROVIDE THAT THE SCHOOL DISTRICT SHALL INDEMNIFY AN EMPLOYEE FOR SUITS BROUGHT REGARDING CERTAIN ACTIONS AND PROVIDE EXCEPTIONS FOR INDEMNIFICATION; BY ADDING SECTION 59-63-251 SO AS TO PROVIDE FOR THE SEARCH OF PERSONS ENTERING PUBLIC SCHOOLS AND PROVIDE FOR AN EMPLOYEE'S INDEMNIFICATION; BY ADDING SECTION 59-63-255 SO AS TO ESTABLISH A DISCIPLINE POLICY REVIEW COMMITTEE, ITS COMPOSITION, AND POWERS; BY ADDING SECTION 59-63-259 SO AS TO PROVIDE THAT ONLY AUTHORIZED VISITORS MAY ENTER A SCHOOL AND PROVIDE PENALTIES; BY ADDING SECTION 59-63-263 SO AS TO PROVIDE THAT ANY TEACHER, PRINCIPAL, OR ADMINISTRATOR IS NOT PERSONALLY LIABLE FOR ANY ACT OR FAILURE TO ACT IN DIRECTING OR DISCIPLINING SCHOOL CHILDREN AND PROVIDE EXCEPTIONS; BY ADDING SECTION 59-63-265 SO AS TO PROVIDE FOR THE ADOPTION OF A STUDENT CODE OF CONDUCT AND PROVIDE FOR IMMUNITY FOR REPORTING AN INCIDENT; BY ADDING SECTION 59-63-273 SO AS TO PROVIDE FOR ZERO TOLERANCE POLICIES FOR FIGHTING IN SCHOOLS; BY ADDING SECTION 59-63-277 SO AS TO PROVIDE FOR SCHOOL CRISIS MANAGEMENT AND RESPONSE PLANS; TO AMEND SECTION 59-17-135, RELATING TO CHARACTER EDUCATION, SO AS TO PROVIDE THAT EACH STUDENT SHALL EXHIBIT APPROPRIATE CONDUCT.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    Chapter 25, Title 59 of the 1976 Code is amended by adding:

Section 59-25-1010.    (A)    A teacher has the right to:

(1)    teach free from the fear of frivolous law suits, including the right to indemnification by the employing school board, pursuant to Sections 59-63-243(B), 59-63-249, and 59-63-263 for actions taken in the performance of duties of the teacher's employment;

(2)    appropriately discipline a student pursuant to Article 3, Chapter 63, Title 59 and a county or local school board law, ordinance, or regulation;

(3)    remove a persistently disruptive student from his classroom when the student's behavior prevents the orderly instruction of other students or when the student displays imprudent or defiant behavior and place the student in the custody of the principal or his designee pursuant to Section 59-63-210(B)(3);

(4)    teach in a safe, secure, and orderly environment that is conducive to learning and free from recognized dangers or hazards that are causing or likely to cause serious injury pursuant to Section 59-63-210(B)(3);

(5)    be treated with civility and respect pursuant to Section 59-17-135;

(6)    communicate with and involve parents in appropriate student disciplinary decisions pursuant to Section 59-63-210; and

(7)    be free from excessively burdensome disciplinary paperwork.

(B)    The provisions of this section must not be construed to supersede another state law or a law, ordinance, or regulation of the State Board of Education or a city, county, or local school board enacted or adopted relating to the discipline of students."

SECTION    2.    Section 59-63-210 of the 1976 Code is amended to read:

"Section 59-63-210.    (A)    Any district board of trustees may authorize or order the expulsion, suspension, or transfer of any pupil for the commission of any crime, gross immorality, gross misbehavior, persistent disobedience, or for violation of written rules and promulgated regulations established by the district board, county board, or the State Board of Education, or when the presence of the pupil is detrimental to the best interest of the school. Each expelled pupil has the right to petition for readmission for the succeeding school year. Expulsion or suspension must be construed to prohibit a pupil from entering the school or school grounds, except for a prearranged conference with an administrator, attending any day or night school functions, or riding a school bus. The provisions of this section do not preclude enrollment and attendance in any adult or night school. (1)    Each teacher shall try to hold each student to a strict accountability for disorderly conduct in school or on the playgrounds of the school, on the street while going to or returning from school, or during intermission or recess.

(2)(a)    A teacher may take disciplinary action to correct a student who disrupts normal classroom activities, who is disrespectful to a teacher, who wilfully disobeys a teacher, who uses abusive or foul language directed at a teacher or another student, who violates school rules, or who interferes with an orderly education process.

(b)    Disciplinary action may include but is not limited to:

(i)        oral or written reprimands;

(ii)    referral for a counseling session that shall include, but must not be limited to, conflict resolution, social responsibility, family responsibility, peer mediation, and stress management;

(iii)    written notification to parents of disruptive or unacceptable behavior, a copy of which must be provided to the principal;

(iv)    other disciplinary measures approved by the principal and faculty of the school and in compliance with school board policy.

(3)(a)    When a student's behavior prevents the orderly instruction of other students, or poses an immediate threat to the safety or physical well being of a student or teacher, or when a student exhibits disrespectful behavior toward the teacher such as using foul or abusive language directed at a teacher or threatening a teacher, the teacher may have the student immediately removed from his classroom and placed in the custody of the principal or his designee. A student removed from the classroom pursuant to this subitem may not receive credit for school work missed.

(b)    Upon being sent to the principal's office pursuant to subitem (a), the principal or his designee shall advise the student of the particular misconduct of which he is accused as well as the basis for the accusation, and the student must be given an opportunity at that time to explain his version of the facts.

(c)    A student in kindergarten through fifth grade removed from a class pursuant to subitem (a) must not be permitted to return to the class for at least thirty minutes unless agreed to by the teacher initiating the disciplinary action. A student in sixth through twelfth grade removed from a class pursuant to subitem (a) must not be permitted to return to the class during the same class period unless agreed to by the teacher initiating the disciplinary action.

(d)    Upon the third removal from the same classroom pursuant to subitem (a), the teacher and the principal shall discuss the disruptive behavior patterns of the student and the potentially appropriate disciplinary measure before the principal implements a disciplinary measure. In addition, a conference between the teacher or other appropriate school employee and the student's parent or legal guardian is required prior to the student's being readmitted.

(e)    If disruptive behavior persists, the teacher may request that the principal transfer the student into another setting.

(f)(i)    Notwithstanding another provision of law to the contrary, if a student is formally accused of committing a battery on a school employee, the principal shall suspend the student from school immediately and the student must be removed immediately from the school premises without the benefit of the suspension procedures provided by this section. The necessary notifications and other procedures must follow as soon as is practicable.

(ii)    A student suspended pursuant to this subitem must not be considered for readmission to the school to which the school employee, allegedly battered by the student, is assigned until the hearings and appeals associated with the alleged violation have been exhausted.

(iii)    Except when the school system has no other school of suitable grade level for the student to attend, a student found guilty by a court of competent jurisdiction or found guilty at a school system suspension hearing of committing a battery on a school employee must not be assigned to attend or may not attend the school to which the school employee battered by the student is assigned.

(iv)    Notwithstanding another provision of law to the contrary, a school system is not required to provide transportation to a student reassigned to attend a school pursuant to the provisions of this subitem if providing transportation for the student will result in additional transportation costs to the school system.

(B)(1)    A school principal may suspend from school or suspend from riding on a school bus a student who:

(a)    is guilty of wilful disobedience;

(b)    treats with intentional disrespect a teacher, principal, superintendent, school board member, or employee of the school district;

(c)    makes an unfounded charge against a teacher, principal, superintendent, school board member, or employee of the school district;

(d)    uses profane language;

(e)    is guilty of immoral or vicious practices, or of conduct or habits injurious to his associates;

(f)    uses tobacco or who possesses alcoholic beverages or a controlled dangerous substance in school buildings, on school grounds, or on school buses owned by, contracted to, or jointly owned by a school district;

(g)    disturbs the school and habitually violates a rule;

(h)    cuts, defaces, or injures a public school building, property belonging to the building, or a school bus owned by, contracted to, or jointly owned by a school district;

(i)        writes profane or obscene language or draws obscene pictures in or on school material or on school premises, or on a fence, pole, sidewalk, or building on the way to or from school, or on a school bus, including those owned by, contracted to, or jointly owned by a school district;

(j)        is found carrying firearms, knives, or other implements that can be used as weapons, the careless use of which might inflict harm or injury;

(k)    instigates or participates in fights while under school supervision;

(l)        violates traffic and safety regulations;

(m)    leaves the school premises without permission;

(n)    leaves his classroom during class hours or detention without permission;

(o)    is habitually tardy or absent;

(p)    commits another serious offense.

(C)    A district board of trustees shall may not authorize or order the expulsion, suspension, or transfer of any a pupil for a violation of Section 59-150-250(B).

(D)    A student suspended for damages to property belonging to the school or to property contracted to the school must not be readmitted until payment in full has been made for the damage or until directed by the superintendent of the school district. If the property damaged is a school bus owned by, contracted to, or jointly owned by a school district, a student suspended for damage must not be permitted to enter or ride a school bus until payment in full has been made for the damage or until directed by the superintendent of the school district.

(E)    A student who is suspended or expelled may not receive credit for school work missed while he is suspended or expelled.

(F)    If a student is suspended for a second time within one school year, the principal may require that a counseling session be held with the parent and student by the school counselor if a counselor is assigned or available to that school."

SECTION    3.    Section 59-63-230 of the 1976 Code is amended to read:

"Section 59-63-230.    When a pupil is suspended from a class or a school, the administrator shall notify, in writing, the parents or legal guardian of the pupil, giving the reason for such suspension and setting a time and place when the administrator shall be available for a conference with the parents or guardian. The conference shall be set within three days of the date of the suspension. After the conference the parents or legal guardian may appeal the suspension to the board of trustees or to its authorized agent. (A)(1)    Before a student is suspended, the school principal, or his designee, shall advise the student in question of the particular misconduct of which he is accused as well as the basis for such accusation, and the student must be given an opportunity at that time to explain his version of the facts to the school principal or his designee. In each case of suspension or expulsion the school principal, or his designee, shall contact the parent or legal guardian of the student in question giving notice of the suspension or expulsion, the reasons for the suspension or expulsion, and establishing a date and time for a conference with the principal or his designee as a requirement for readmitting the student. In the case of expulsion, the contact with the parent or guardian must include a certified letter. If the parent or legal guardian fails to attend the required conference within five school days of mailing the certified letter or other contact with the parent, the truancy laws become effective. If the parent does not respond, the principal may determine whether readmitting the student is in the best interest of the student. On subsequent occasions in the same year, the student must not be readmitted unless the parent, legal guardian, court, or other appointed representative responds. A student whose presence in a school or on school property poses a continued danger to a person or property or an ongoing threat of disruption to the academic process must be removed immediately from the school premises without the benefit of the procedure described in this subsection. The necessary procedure must follow as soon as is practicable.

(2)    In a case where a teacher, principal, or other school employee is authorized in this section to require the parent or legal guardian of a student who is under the age of eighteen and not judicially emancipated or emancipated by marriage to attend a conference or meeting regarding the student's behavior and, after notice, the parent or legal guardian wilfully refuses to attend, the principal or his designee, shall file a complaint with a family court. The principal may file a complaint when, in his judgment, doing so is in the best interests of the student.

(B)    A parent or legal guardian of a student suspended may appeal to the school district superintendent or his designee, who shall conduct a hearing on the merits. The decision of the school district superintendent on the merits of the case, as well as the term of suspension, is final. The school district superintendent may remit any portion of the time of suspension."

SECTION    4.    Section 59-63-235 of the 1976 Code is amended to read:

"Section 59-63-235.    The district board must expel for no less than one year a student who is determined to have brought a firearm to a school or any setting under the jurisdiction of a local board of trustees. The expulsion must follow the procedures established pursuant to Section 59-63-240. The one-year expulsion is subject to modification by the district superintendent of education on a case-by-case basis. Students expelled pursuant to this section are not precluded from receiving educational services in an alternative setting. Each local board of trustees is to establish a policy which requires the student to be referred to the local county office of the Department of Juvenile Justice or its representative. (A)(1)    After being suspended for committing an offense enumerated in Section 59-63-210 and this section, a student may be expelled, upon recommendation by the principal of the public school in which the student is enrolled.

(2)(a)    Notwithstanding the provisions of Sections 59-63-210 and 59-63-230, the principal shall suspend immediately a student who is found carrying or possessing a firearm, or a knife the blade of which equals or exceeds two inches in length, or another dangerous instrumentality, or who possesses, distributes, sells, gives, or loans a controlled dangerous substance in any form. He shall recommend immediately the student's expulsion.

(b)    Except as provided in item (3)(a) of this subsection, a student may not carry or possess a knife of any blade length. A student who is found carrying or possessing a knife with a blade less than two inches in length may be suspended by the school principal as provided in Section 59-63-210(C), but the student at least must be placed in in-school suspension.

(3)    The provisions of this section do not apply to the following:

(a)    a student carrying or possessing a firearm or knife for purposes of involvement in a school class or course or school-approved extracurricular activity or another activity

approved by the appropriate school officials;

(b)    a student possessing a controlled dangerous substance that has been obtained directly or pursuant to a valid prescription or order from a licensed physician. The student shall carry evidence of that prescription or physician's order at all times when in possession of a controlled dangerous substance which is subject to verification.

(B)    A student after being suspended on three occasions for committing an offense enumerated in Section 59-63-210 and this section, during the same school year, on committing the fourth offense, must be expelled from the public schools of the district in which he resided until the beginning of the next regular school year and the student's reinstatement is subject to the review and approval of the local school board.

(C)(1)(a)    A student who has been expelled pursuant to Section 59-63-210 and this section must not be admitted to a public school in another district in the State except upon the review and approval of the school board of the school district to which he seeks admittance.

(b)    A student who has been expelled from a public or nonpublic school outside this State or a nonpublic school in this State for committing an offense enumerated in Section 59-63-210 and this section must not be admitted to a public school in the State except upon the review and approval of the governing body of the admitting school.

(2)    To facilitate the review and approval mandated by this subsection, a student who has been expelled from a public or nonpublic school within or outside this State shall provide to a public school or school district in the State to which the student is seeking admission information on the dates of expulsions and the reason the student was expelled. The transfer of a student's records by a public school or school district in the State to another public or nonpublic school or school district must include information on the dates of expulsions and the reason the student was expelled.

(3)(a)    In addition to other limitations established by this section on the admission of previously expelled students to public schools in this State, a student who has been expelled from a public or nonpublic school within or outside this State for possessing on school property or on a school bus a firearm, knife, or other dangerous weapon or instrumentality customarily used or intended for probable use as a dangerous weapon, or for possessing, possessing with intent to distribute, or distributing, selling, giving, or loaning while on school property or on a school bus a controlled dangerous substance must not be admitted to a public school in this State until the student produces written documentation that he has enrolled and participated in an appropriate rehabilitation or counseling program related to the reason for the student's expulsion.

(b)    The rehabilitation or counseling required by the provisions of item (4)(a) must be provided by existing or new programs approved by the juvenile or family court having jurisdiction, if applicable, or by the school system and must be at no additional cost to the school district. The rehabilitation or counseling programs may include the following components relative to successful programs, approaches, and activities for parental involvement, which better equip parents to provide support for the education of their children:

(i)        enhancing parenting skills and expanding curriculum offerings relative to character development, the development of a healthy self-esteem and sense of personal and social responsibility, violence prevention, and conflict resolution;

(ii)    raising the educational level of the parents through instruction in basic skills;

(iii)    improving developmental skills of students to prepare them for academic success;

(iv)    providing a role model for the child through parental interest in education;

(v)    enabling parents to become familiar with and comfortable in the school setting;

(vi)    enhancing the relationship of the parent and child through planned, structured parent-school interaction; and

(vii)    demonstrating to parents their power to affect their child's ability to learn.

(c)    The requirements of this item for a student's enrollment and participation in a rehabilitation or counseling program must be waived by the school system upon a showing by the student that an appropriate program is not available in the area or that the student cannot enroll or participate due to financial hardship.

(d)    The provisions of this item are applicable to exceptional children provided special education services pursuant to Chapter 36, Title 59 and other sections relating to special education only to the extent the provisions are not in conflict with federal rules, regulations, and guidelines applicable to the education of exceptional students."

SECTION    5.    Article 3, Chapter 63, Title 59 of the 1976 Code is amended by adding:

"Section 59-63-238.    Notwithstanding another provision of this article to the contrary, school officials have total discretion and shall exercise their discretion in imposing on a student a disciplinary action authorized by this article for possession by a student of a firearm or knife on school property when the firearm or knife is stored in a motor vehicle and there is no evidence of the student's intent to use the firearm or knife in a criminal manner."

SECTION    6.    Article 3, Chapter 63, Title 59 of the 1976 Code is amended by adding:

"Section 59-63-241.    (A)    Beginning with the 2007-08 school year, a student must not be disciplined in a manner by a public school administrator, teacher, or other school employee or by a local school board for the use of force upon another person when it can be reasonably concluded that the use of force more probably than not was committed solely for the purpose of preventing a forcible offense against the student or a forcible offense provided that the force used must be reasonable and apparently necessary to prevent the offense.

(B)    A student who is the aggressor or who brings on a difficulty cannot claim the right provided by this section to defend himself."

SECTION    7.    Article 3, Chapter 63, Title 59 of the 1976 Code is amended by adding:

"Section 59-63-242.    (A)    Beginning with the 2009-10 school year and thereafter, a public school administrator and an administrator's designee who is required to make a recommendation, decide an issue, or take action in a matter involving the discipline of a student both shall recuse themselves from doing so whenever a member of the immediate family of the school administrator or of the administrator's designee is involved in the recommendation to be made, the issue to be decided, or the action to be taken. In case of a recusal, the recommendation must be made, the issued decided, or the action taken by the school district superintendent or an impartial designee of the superintendent.

(B)    For the purposes of this section, immediate family means the individual's children, brothers, sisters, parents, and spouse and the children, brothers, sisters, and parents of the spouse."

SECTION    8.    Article 3, Chapter 63, Title 59 of the 1976 Code is amended by adding:

"Section 59-63-243.    (A)    In addition to the specific disciplinary measures authorized in this article, teachers, principals, and administrators of the public schools may employ other reasonable disciplinary and corrective measures to maintain order in the schools. This section must not be construed as superseding the provisions of this article relating to the disciplining of students, suspensions, and expulsions.

(B)    If any teacher, principal, or administrator in the public school system is sued for damages by a student, the parent of a student, or another person qualified to bring suit on behalf of a student based upon the act or omission of the teacher, principal, or administrator in directing and disciplining school children under his care and supervision, the school district employing the teacher, principal, or administrator shall provide the defendant with a legal defense to the suit including reasonable attorney's fees, investigatory costs, and other related expenses. If the teacher, principal, or administrator is found liable for damages, the school district employing the defendant shall indemnify him fully against the judgment including principal, interest, and costs. This section does not require a school district to indemnify a teacher, principal, or administrator against a judgment if there is a specific decree in the judgment that the action of the teacher, principal, or administrator was malicious and wilfully and deliberately intended to cause bodily harm."

SECTION    9.    Article 3, Chapter 63, Title 59 of the 1976 Code is amended by adding:

"Section 59-63-247.    (A)(1)    The school districts of the State are the exclusive owners of public school buildings and desks and lockers within the building assigned to a student and any other area of a public school building or grounds set aside specifically for the personal use of the students. Any teacher, principal, school resource officer, or administrator in a school district may search any building, desk, locker, area, or grounds for evidence that the law, a school rule, or district policy has been violated.

(2)(a)    The teacher, principal, school resource officer, or administrator may search the person of a student or his personal effects when there are reasonable grounds to suspect that the search will reveal evidence that the student has violated the law, a school rule, or a school district policy. The search must be conducted in a manner that is reasonably related to the purpose of the search and not excessively intrusive in light of the age or sex of the student and the nature of the suspected offense.

(b)    Random searches with a metal detector of students or their personal effects may be conducted at any time, provided they are conducted without deliberate touching of the student.

(B)(1)    If any teacher, principal, school resource officer, or administrator in the public school system is sued for damages by a student, the parent or guardian of a student, or another person qualified to bring suit on behalf of the student, based upon a search of that student's person, desk, locker, or another area of a school building or grounds set aside specifically for that student's personal use, when the teacher, principal, school resource officer, or administrator reasonably believed that the student had weapons, illegal drugs, alcohol, stolen goods, or other materials or objects the possession of which is a violation of the school district policy on his person, or had reasonable belief that the desk, locker, or other area contained these items, or based upon a search using a metal detector, the school district employing the teacher, principal, school resource officer, or administrator shall provide the defendant with legal defense, including reasonable attorney's fees, investigatory costs, and other related expenses.

(2)    If the teacher, principal, school resource officer, or administrator is found liable for damages in the suit, the school district employing the defendant shall indemnify him fully against the judgment, including principal, interest, and costs.

(3)    This section does not require a school district to indemnify any teacher, principal, school resource officer, or administrator against a judgment if there is a specific finding that the action of the teacher, principal, school resource officer, or administrator was maliciously, wilfully, and deliberately intended to harass, embarrass, or intimidate the student.

(C)(1)(a)    By January 1, 2005, each school district shall adopt a policy that is consistent with subsection (A) to provide for reasonable search and seizure by public school teachers, principals, and other school administrators of students' persons, desks, lockers, or other school areas for evidence that the law, a school rule, or a school district policy has been violated.

(b)    This policy must include, but not be limited to:

(i)        standards regarding procedures for searching students to prevent excessive intrusion;

(ii)    standards for retaining and securing confiscated implements and materials;

(iii)    directions for the disposal of implements and materials reported to law enforcement authorities when the authorities notify the principal that the implements and materials do not need to be retained;

(iv)    specification of disciplinary action when a principal or designated administrator violates a provision of this section.

(2)(a)    This section does not require defense or indemnification by a school district, a principal, or another school administrator for suits regarding search and seizure unless these acts are pursuant to the policy adopted by the school district that employs the principal or other school administrator, if the policy is declared to be reasonable by a court of competent jurisdiction.

(b)    Any teacher, principal, school resource officer, or administrator must not be held personally liable for an action authorized by this section and performed in accordance with school district policies adopted pursuant to this section.

(D)(1)    If any public school teacher, principal, school resource officer, or administrator seizes a firearm, bomb, knife, or another implement which can be used as a weapon and the careless use of which might inflict harm or injury or a controlled dangerous substance, the principal or his designated administrator shall report the confiscation of the implement or material to the appropriate law enforcement officials. The principal or his designated administrator may report the confiscation of another implement or material.

(2)    Any implement or material required by item (1) of this subsection to be reported to law enforcement officials must be retained and secured by the school principal so as to prevent the destruction, alteration, or disappearance of it until the law enforcement authority either takes custody of the implement or material or provides notice to the school principal that it no longer needs to be retained. In the case that it no longer needs to be retained, the school principal shall comply with his school district's policy regarding disposal of the item.

(3)    The failure of a principal or designated administrator to report the confiscation of the implement or material or the failure to retain and secure the implement or material must be reported by the law enforcement authority to the employing school district, which shall take disciplinary action pursuant to its policy."

SECTION    10.    Article 3, Chapter 63, Title 59 of the 1976 Code is amended by adding:

"Section 59-63-249.    (A)    In addition to the provisions of Sections 59-63-243(B), 59-63-247(B) and (C)(2)(a), and 59-63-251(B), if a public school employee is sued for damages by a student or a person qualified to bring suit on behalf of a student based on any action or statement or the omission of any action or statement by the employee when in the proper course and scope of his duties as defined by the school district employing the employee, then the school district shall provide the defendant with a legal defense to the suit including reasonable attorney's fees, investigatory costs, and other related expenses. If an employee is liable for damages in the suit, the school district employing the defendant shall indemnify him fully against the judgment including principal, interest, and costs, except that the school district is not responsible for costs that the court stipulates are to be borne by a party other than the employee or school district.

(B)    If the school district provided the defense and the judgment makes an award to the employee for damages or other awards for costs or fees, the employee shall reimburse the school district for its costs incurred for the defense. The requirement of reimbursement by the employee may not exceed the award received by the employee.

(C)    This section does not require a school district to indemnify an employee against a judgment if there is a specific decree in the judgment that the action of the employee was maliciously, wilfully, and deliberately intended to cause bodily harm or to harass or intimidate the student.

(D)    If a judgment is rendered in favor of the teacher in an action provided for in this section, it may include an award for attorney's fees if the court finds that the action was brought in bad faith or was otherwise brought without sufficient merit."

SECTION    11.    Article 3, Chapter 63, Title 59 of the 1976 Code is amended by adding:

"Section 59-63-251.    (A)    Any school principal, administrator, or school resource officer may search the person, handbag, briefcase, purse, or other object in possession of a person who is not a student enrolled at the school, or a school employee while in a school building or on school grounds either by conducting a random search with a metal detector or when there is reasonable suspicion that such person has any weapons, illegal drugs, alcohol, stolen goods, or other materials or objects the possession of which is a violation of the school district's policy.

(B)    If any principal, administrator, or school resource officer is sued for damages by a person based upon a search of the person, handbag, briefcase, purse, or other object in possession of that person pursuant to subsection (A), the school district employing the principal, administrator, or school resource officer, shall indemnify him fully against the judgment, including principal, interest, and costs. This section does not require a school district to indemnify any principal, administrator, or school resource officer against a judgment if there is a specific finding that the action of the principal, administrator, or school resource officer was maliciously, wilfully, and deliberately intended to harass, embarrass, or intimidate the visitor.

(C)    The provisions of this section do not apply to a state or local law enforcement officer while in the performance of his official duties."

SECTION    12.    Article 3, Chapter 63, Title 59 of the 1976 Code is amended by adding:

"Section 59-63-255.    (A)(1)    Each school district shall establish a discipline policy review committee composed of sixteen members as follows:

(a)    five classroom teachers with at least one teacher each representing an elementary, middle, and high school;

(b)    one special education teacher;

(c)    two guidance counselors;

(d)    three principals, one representing an elementary school, one representing a middle school, and one representing a high school;

(e)    one school bus operator;

(f)    one school district member to be elected by his peers;

(g)    the district superintendent or his designee;

(h)    two parents.

(2)    The discipline policy review committee shall review school district discipline policies and make recommendations to the school district for appropriate revisions to the policies.

(3)    Each committee must be established by November 1, 2004, and shall make its recommendations to its respective school district no later than February 1, 2005.

(B)    Each school district shall review its discipline policies before the end of the 2004-2005 school year and shall review the policies each year after that. Following a public hearing on the recommendations of the discipline policy review committee, each school district's discipline policies must outline the specific consistent actions to be taken by teachers and other designated school employees to maintain order in the schools and on the school grounds. The policies must contain specific consistent penalties that must be imposed when students violate school discipline policies or state laws regarding school discipline. Copies of school district discipline policies must be distributed to each school within its jurisdiction before the beginning of the 2005-2006 school year and each year after that."

SECTION    13.    Article 3, Chapter 63, Title 59 of the 1976 Code is amended by adding:

"Section 59-63-259.    (A)(1)    To provide learning environments that are designed to promote excellence and to better maintain safety and order at public schools in this State, beginning with the 2004-2005 school year and each year after that, a person may not enter upon school grounds or go in a school building or other school facility as a visitor during school hours without authority of the appropriate school official as provided by rules adopted pursuant to this section.

(2)    A person who violates the provisions of this subsection must be fined not more than two hundred fifty dollars or imprisoned not more than thirty days, or both.

(3)    For purposes of this section, 'visitor' means any person except:

(a)    an employee of the school or school system;

(b)    a member of the school or school system's governing authority;

(c)    a student enrolled in the school system; and

(d)    a parent, guardian, or other person authorized by a parent or guardian who is delivering the student to school at the beginning of the school day or is picking up the student from school at the end of the school day.

(B)    Each local school board of trustees, at least thirty days before the beginning of the 2004-2005 school year, shall develop and adopt written rules and procedures for granting authority to persons to go on public school grounds or in a public school building or other school facility as a visitor during school hours and for notifying visitors of these rules and procedures.

(C)    This section must not be interpreted to:

(1)    deny access onto public school grounds or into a public school building or other school facility to any organization or religious group otherwise permitted to use the grounds, buildings, or facilities;

(2)    affect the power of a local school board to provide access to representatives of school employee organizations to school employees on public school grounds or in a public school building or another school facility."

SECTION    14.    Article 3, Chapter 63, Title 59 of the 1976 Code is amended by adding:

"Section 59-63-263.    (A)    Any teacher, principal, or administrator is not personally liable for any act or failure to act in directing or disciplining school children under his care and supervision, unless the act or failure to act was malicious and wilfully and deliberately intended to cause bodily harm.

(B)    This section does not apply to the operation, use, or maintenance of a motor vehicle."

SECTION    15.    Article 3, Chapter 63, Title 59 of the 1976 Code is amended by adding:

"Section 59-63-265.    (A)    By August 1, 2009, each school district shall adopt a student code of conduct for the students in its school district. The code of conduct must be in compliance with existing rules, regulations, and policies of the board and of the State Board of Education and state laws relating to student discipline and must include necessary disciplinary action to be taken against a student who violates the code of conduct.

(B)(1)    By August 1, 2011, each school district shall adopt and incorporate into the student code of conduct as provided in this section a policy prohibiting the harassment, intimidation, bullying, or hazing of a student by another student.

(2)    For purposes of this subsection, the terms 'harassment', 'intimidation', and 'bullying' mean an intentional gesture or written, verbal, or physical act that:

(a)    a reasonable person under the circumstances should know will have the effect of harming a student or damaging his property or placing a student in reasonable fear of harm to his life or person or damage to his property; and

(b)    is so severe, persistent, or pervasive that it creates an intimidating, threatening, or abusive educational environment for a student.

(3)    For purposes of this subsection 'hazing' has the same meaning as in Section 59-63-275.

(4)    A student, school employee, or school volunteer who in good faith reports an incident of harassment, intimidation, bullying, or hazing to the appropriate school official in accordance with the procedures established by school district policy is immune from a right of action for damages arising from failure to remedy the reported incident."

SECTION    16.    Article 3, Chapter 63, Title 59 of the 1976 Code is amended by adding:

"Section 59-63-273.    A school district may adopt and implement a zero tolerance policy for fighting in the schools under its jurisdiction. The policy may include a requirement that a student who is disciplined pursuant to the policy and the student's parent or guardian shall attend a conflict resolution class and may include provisions for the school district to take appropriate action, as determined by the board, against a student or parent who fails to comply with the class attendance requirement. These classes may be provided by the school district or other appropriate provider as determined by the board. A school district may charge a fee for attendance in an amount to be determined by the board. However, the fee must not exceed one hundred dollars."

SECTION    17.    Article 3, Chapter 63, Title 59 of the 1976 Code is amended by adding:

"Section 59-63-277.    (A)(1)    For purposes of this section, a 'crisis management and response plan' means a plan to address school safety and the incidence of violence at schools, on school buses, and at school-related activities; to respond effectively to these incidents; and to ensure that every student, teacher, and school employee has access to a safe, secure, and orderly school that is conducive to learning. These plans also shall address the management of any other emergency situation.

(2)    A school crisis management and response plan must be prepared by each public school principal in accordance with guidelines adopted pursuant to school district policy. In preparing the plan, the principal shall consider and include, where appropriate, input from students enrolled in the school and their parents, teachers at the school, other school employees, community leaders, local law enforcement, and fire, public safety, and emergency preparedness officials.

(3)    The plan shall detail the roles and responsibilities of each school employee and the relevant coordination agreements, services, and security measures of a school in the event of a violent incident or emergency situation.

(4)    The plan may include provision for encouraging peer helper programs and identifying students who may have experienced rejection or other traumatic life events.

(B)(1)    Each public school shall submit its plan in writing to its school district for approval.

(2)    By January 1, 2012, each school district shall have approved a crisis management and response plan for each public school under its jurisdiction.

(C)    Each school crisis management and response plan must be reviewed by the public school annually and revised as necessary. A revised school plan must be resubmitted to the school district for review and approval of the revisions."

SECTION    18.    Section 59-17-135 of the 1976 Code is amended by adding subsection (H) at the end to read:

"(H)    Beginning with the 2009-2010 school year:

(1)    each student in a public school shall exhibit appropriate conduct, as required in subsections (B) and (D) of this section;

(2)    when a public school student is speaking with a public school employee while on school property or at a school sponsored event, the student shall address and respond to the public school employee by using terms indicative of or reflecting courtesy and respect for a public school's employees position of authority including, but not limited to, sir, ma'am, thank you, and please;

(3)    each school district board of trustees shall provide for incorporation of the requirements of items (1) and (2) into an existing discipline policy or a code of conduct of the school district or of each school within its jurisdiction."

SECTION    19.    This act takes effect upon approval by the Governor.