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.

9-A.  Students expelled or suspended under the requirements of the federal Gun-Free Schools Act. The school boards shall adopt a policy for expelling a student who is determined to have brought a firearm, as defined in 18 United States Code, Section 921, to school or to have possessed a firearm at school and for referring the matter to the appropriate local law enforcement agency.

• A. A student who is determined to have brought a firearm to school or to have possessed a firearm at school under this subsection must be expelled from school for a period of not less than one year, except that the school board may authorize the superintendent to modify the requirement for expulsion of a student on a case-by-case basis. A decision to change the placement of a student with a disability must be made in accordance with the federal Individuals With Disabilities Education Act, 20 United States Code, Section 1400 et seq.
• B. Nothing in this subsection prevents a school board from:
• 1) Offering instructional activities related to firearms or from allowing a firearm to be brought to school for instructional activities sanctioned by the school board and for which the school board has adopted appropriate safeguards to ensure student safety; or
• 2) Providing educational services in an alternative setting to a student who has been expelled.
• C. In accordance with the proper investigation and due process provisions required in subsection 9, a principal may suspend immediately for good cause a student who is determined to have brought a firearm to school or to have possessed a firearm at school under this subsection.