08 HB
1321/AP
House
Bill 1321(AS PASSED HOUSE AND SENATE)
By:
Representatives Shaw of the
176th,
Sims of the
151st,
Johnson of the
75th,
and Jordan of the
77th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Part 2 of Article 16 of Chapter 2 of Title 20 of the Official Code of
Georgia Annotated, relating to discipline of students in elementary and
secondary education, so as to provide that falsifying reports regarding
instances of alleged inappropriate behavior by a teacher or other school
personnel is addressed in the student code of conduct; to establish a state
mandated process for students to follow in reporting instances of alleged
inappropriate behavior by a teacher or other school personnel; to provide for
notice of such process in student and teacher handbooks; to provide for
statements to local media outlets which reported on instances of alleged
inappropriate behaviors; to provide for a training program on sexual misconduct
for educators; to provide for investigations by Professional Standards
Commission staff of a complaint by a student against an educator alleging a
sexual offense without commission notification; to provide for statutory
construction; to provide for related matters; to repeal conflicting laws; and
for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Part
2 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia
Annotated, relating to discipline of students in elementary and secondary
education, is amended by revising subsection (a) of Code Section 20-2-751.5,
relating to student codes of conduct, as follows:
"(a)
Each student code of conduct shall contain provisions that address the following
conduct of students during school hours, at school related functions, and on the
school
bus,
in a manner that is appropriate to the age of the student:
(1)
Verbal assault, including threatened violence, of teachers, administrators, and
other school personnel;
(2)
Physical assault or battery of teachers, administrators, and other school
personnel;
(3)
Disrespectful conduct toward teachers, administrators, and other school
personnel, including use of vulgar or profane language;
(4)
Verbal assault of other students, including threatened violence or sexual
harassment as defined pursuant to Title IX of the Education Amendments of
1972;
(5)
Physical assault or battery of other students, including sexual harassment as
defined pursuant to Title IX of the Education Amendments of 1972;
(6)
Disrespectful conduct toward other students, including use of vulgar or profane
language;
(7)
Verbal assault of, physical assault or battery of, and disrespectful conduct,
including use of vulgar or profane language, toward persons attending school
related functions;
(8)
Failure to comply with compulsory attendance as required under Code Section
20-2-690.1;
(9)
Willful or malicious damage to real or personal property of the school or to
personal property of any person legitimately at the school;
(10)
Inciting, advising, or counseling of others to engage in prohibited
acts;
(11)
Marking, defacing, or destroying school property;
(12)
Possession of a weapon, as provided for in Code Section
16-11-127.1;
(13)
Unlawful use or possession of illegal drugs or alcohol;
(14)
Willful and persistent violation of the student code of conduct;
(15)
Bullying as defined by Code Section 20-2-751.4;
and
(16)
Marking, defacing, or destroying the property of another
student;
and
(17)
Falsifying, misrepresenting, omitting, or erroneously reporting information
regarding instances of alleged inappropriate behavior by a teacher,
administrator, or other school employee toward a student.
With
regard to paragraphs
(9),
and
(11), and
(17) of this subsection, each student code
of conduct shall also contain provisions that address conduct of students during
off-school hours."
SECTION
2.
Said
part is further amended by adding a new Code section to read as
follows:
"20-2-751.7.
"20-2-751.7.
(a)
The Professional Standards Commission shall establish a state mandated process
for students to follow in reporting instances of alleged inappropriate behavior
by a teacher, administrator, or other school employee toward a student which
shall not prohibit the ability of a student to report the incident to law
enforcement authorities. Each local school system shall be required to
implement and follow such state mandated process and shall include the mandated
process in student handbooks and in employee handbooks or policies.
(b)
If it is determined through the state mandated process established pursuant to
subsection (a) of this Code section that a complaint against a teacher,
administrator, or other school employee is unsubstantiated and without merit,
the local school system shall, at the request of the aggrieved party, submit a
written statement to that effect to all local print and television media outlets
that published any articles or reported any news relating to such complaint
against the teacher, administrator, or employee.
(c)
The Professional Standards Commission shall coordinate a training program on
educator sexual misconduct. Such program shall be delivered by trained staff
from the Professional Standards Commission, regional educational service
agencies, and local school systems. The superintendent of each local school
system shall ensure that all certified staff in its school system receive such
training.
(d)(1)
The staff of the Professional Standards Commission shall be authorized, without
notification to the Professional Standards Commission, to immediately open an
investigation submitted to the commission by a local school superintendent, with
approval of the local board of education, of a complaint by a student against an
educator alleging a sexual offense, as provided for in Code Sections 16-6-1
through 16-6-17, 16-6-20, 16-6-22.2, or 16-12-100.
(2)
The Professional Standards Commission shall have on staff a minimum of one
investigator specifically trained in investigating educator sexual misconduct.
The investigation of any complaint of sexual misconduct shall be completed in no
more than 60 days and shall be presented at the commission meeting immediately
following the conclusion of the investigation.
(3)
If the Professional Standards Commission´s review of the investigative
report results in a sanction against the educator, the educator shall have the
right to appeal the commission decision to a hearing before an administrative
law judge within 90 days of such sanction.
(e)
Nothing in this Code section shall be construed to infringe on any right
provided to students with Individualized Education Programs pursuant to the
federal Individuals with Disabilities Education Act, Section 504 of the federal
Rehabilitation Act of 1973, or the federal Americans with Disabilities Act of
1990."
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.