Section 10 School health and safety services

10.05 Student Code of Conduct

Each school administrative unit shall adopt a system-wide student code of conduct that is consistent with Standard of ethical and responsible behavior established by the Commissioner. The unit shall inform parents and students about the student code of conduct. Each school unit shall submit to the Commissioner an annual report of incidents of violent and harmful behavior by or against students in a format established by the Commissioner. The student code of conduct shall include the following:

• A) Define unacceptable student behavior;
• B) Establish Standard of student responsibility for behavior;
• C) Prescribe consequences for violation of the student code of conduct, including first-time violations, when appropriate;
• 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, based on removal of the student from class;
• F) Establish policies and procedures concerning the removal of disruptive or violent students from a classroom or a school bus, as well as student disciplinary and placement decisions; and
• G) Establish guidelines and criteria concerning the appropriate circumstances when the superintendent may provide information to law enforcement agencies regarding an offense that involves violence committed by any person on school grounds or other school property.

If a school building of a school administrative unit is supplied by a water supply operated by the school administrative unit and which serves only the school buildings under the control of the school board, the water supply shall not be considered a public water supply under Title 22, sections 2651 and 2652. The school board shall ensure that this water supply meets Standard set by the Department of Health and Human Services for private water supplies of schools.

1. Definition. As used in this section, unless the context otherwise indicates, “school” means a private school as defined in Title 20-A, section 1, subsection 22 or a public school as defined in Title 20-A, section 1, subsection 24.

2. Lead testing. To the extent the department provides the necessary resources to a school so that the school is not required to expand or modify its activities so as to necessitate additional expenditures from local revenue, a school shall test water used for drinking or culinary purposes for lead using water testing kits or by submitting samples of water used for drinking or culinary purposes to an approved laboratory under section 2607 for lead testing. If the water is found to violate the water lead levels established by the department, the department shall issue specific guidance to the school on reducing exposure to lead according to procedures established by the department pursuant to subsection 3.

3. Rules. The department shall adopt rules necessary to implement this section, including, but not limited to, establishing water lead levels; testing protocols, including the frequency of testing; abatement or mitigation methods; procedures for the issuance of guidance to reduce exposure to lead; and public notification procedures. In adopting rules to implement this section, the department shall consider the United States Environmental Protection Agency’s recommendations for reducing lead in drinking water in schools.

Rules adopted pursuant to this subsection are major substantive rules as defined in Title 5, chapter 375, subchapter 2-A.

4. Implementation. In implementing this section, the department:

A. May not require a school to expand or modify its activities so as to necessitate additional expenditures from local revenue; and

B. Within existing resources, to the maximum extent possible, shall provide resources to schools in order to achieve the purposes of this section. If the department determines that sufficient resources are unavailable to a school in order to achieve the purposes of this section, the department shall seek to identify alternative means to achieve the purposes of this section.

5. Reports. By January 1, 2021 and annually thereafter, the department shall submit a report to the joint standing committee of the Legislature having jurisdiction over health and human services matters on the number of schools tested for lead, whether the department issued specific guidance to any schools to reduce exposure to lead, the number of schools that engaged in abatement or mitigation and the methods of abatement or mitigation used.

Any school, which takes water from a source other than a public water system and uses such water for drinking or culinary purposes, shall submit samples of such water to the department for analysis at least once during each school year. Such samples shall be analyzed by the department. If the water is found to violate the state primary drinking water regulations, the department shall issue an order prohibiting the use of the water for drinking or culinary purposes by the school, which order shall remain in force until the water conforms to the state primary drinking water regulations. Violation of this section shall, on conviction, be punishable by a fine of not more than $500.

3. Purposes. The fund may be used:

A. To make loans to school administrative units for school repair and renovation.

• (1) The following repair and renovation needs receive Priority 1 status:

• (d) Removing or abating hazardous materials in a school building, including, but not limited to, water lead abatement or mitigation pursuant to Title 22, section 2604-B. [...]

• (2) Repairs and improvements related to a school building structure, windows and doors and water or septic systems, other than water lead abatement or mitigation pursuant to Title 22, section 2604-B, receive Priority 2 status.