AS Title 14, Chapter 33: School Safety and Discipline

Article 1. School Safety Patrols. Chapter 33. School Safety and Discipline. Sec. 14.33.010. Requirements for school safety patrols. The school board of a borough or city school district or regional educational attendance area, or a private or denominational school may require that school safety patrols be established to assist pupils to cross streets and highways adjacent to schools in safety. Sec. 14.33.020. Organization of a patrol. (a) If a school board, or a private or denominational school determines that a safety patrol should be established for a school, the principal of the school shall appoint pupils in the school to serve as members of the patrol. (b) A pupil may not be appointed a patrol member unless the pupil's parents or guardian give written consent to the pupil's membership in the patrol. (c) The principal shall designate a teacher or teachers in the school to supervise the operation of the patrol. (d) The principal shall consult with the local law enforcement authority to determine those locations adjacent to the school where the patrol may be most advantageously used. Sec. 14.33.030. Duties of a patrol. (a) Patrol members shall (1) encourage pupils to refrain from crossing streets and highways at other than regular crossings; (2) direct pupils not to cross streets and highways when the presence of traffic renders crossing unsafe; (3) when directed, assist pupils to safely board or leave school buses. (b) A patrol member may not, under any circumstances, be permitted to direct vehicular traffic or be stationed in a street or highway while performing the duties of a patrol member. Sec. 14.33.040. Guidance for patrols. The commissioner shall, after consulting with the commissioner of public safety, adopt standards to guide patrol members in the conduct of their duties, and shall specify appropriate insignia to be worn by patrol members while on duty. Sec. 14.33.050. Cooperation with law-enforcement authorities. The state troopers or the police department of a political subdivision of the state may, upon request by the department, a school board, or a private or denominational school, assist in the training and control of safety patrols. Sec. 14.33.060. Immunity from liability. The state or a political subdivision of it, a school board or any individual member of it, a private or denominational school, principal, teacher, patrol member, or parent or guardian of a patrol member is immune from liability that might otherwise be incurred as a result of an injury caused by an act or the failure to act on the part of a patrol member while on duty. Article 2. Required School Crisis Response Planning. Sec. 14.33.100. Required school crisis response planning. (a) Each district shall develop a model school crisis response plan for use by each school in the district. Each school in a district shall develop a school specific crisis response plan. Each school shall form a crisis response team consisting of the principal, one certified and one classified member of the school staff, and one parent whose child attends the school. The crisis response team may include one member of the governing board or advisory school board, a school counselor, a member from local law enforcement authorities, and one student in grade 10 or higher if the school has those grades. The district and each school within the district shall consult with local social services agencies and local law enforcement authorities when developing the school crisis response plan. (b) A school specific crisis response plan must meet standards as determined by the department by regulation. A school specific crisis response plan must include (1) the person in charge and a designated substitute; (2) the names of the crisis response team members and their specific job functions relating to a crisis; (3) a communication plan; (4) protocols for responding to immediate physical harm of students, faculty, or staff and to traumatic events, including the period after the events have concluded; (5) disaster and emergency procedures to respond to earthquakes, fire, flood, explosions, or other events or conditions in which death or serious injury is likely; (6) crisis procedures for safe entrance to and exit from the school by students, parents, and employees, including an evacuation and lockdown plan; and (7) policies for enforcing school discipline and maintaining a safe and orderly environment during the crisis. (c) Each district shall annually review and update as appropriate each school's crisis response plan. A copy of each school's crisis response plan, as annually updated, shall be retained by the district and a copy provided to each local agency that has a role in the plan. Notice of completion of the annual review and update and the location of a school's crisis response plan shall be posted at each school in the district. A school crisis response plan shall be printed and available for inspection by the public. (d) Each district shall provide to each district employee training in crisis response, including evacuation and lockdown drills. New district employees who have not previously received the training required under this subsection shall receive the required training within two years after the first day of employment and, thereafter, according to the schedule adopted by the governing body of a school district. (e) In this section, (1) “crisis” includes a traumatic event or emergency condition that creates distress, hardship, fear, or grief; (2) “district” has the meaning given in AS 14.17.990 . Article 3. Required School Disciplinary and Safety Program. Sec. 14.33.110. Purpose of school disciplinary and safety program. The purpose of AS 14.33.110 — 14.33.140 is to (1) implement and maintain community-based standards of school behavior that are developed by students, parents, teachers, school administrators, and the community; (2) facilitate the creation of a standard of school behavior and safety by local communities for the schools in those communities; (3) protect and support teachers who enforce standards of student behavior and safety in the classroom established under AS 14.33.120 ; and (4) ensure that all schools and school districts receiving state funds, that may not have already done so, implement and maintain an effective school disciplinary and safety program. Sec. 14.33.120. School disciplinary and safety program. (a) Each governing body shall adopt a written school disciplinary and safety program. The program required under this subsection must be made available to students, parents, legal guardians, and the public and include written (1) standards for student behavior and safety that reflect community standards and that include, at a minimum, basic requirements for respect and honesty; standards required under this paragraph must be developed and periodically reviewed with the collaboration of members of each school, parents, legal guardians, teachers, and other persons responsible for the students at a school; a governing body may require that standards developed under this paragraph be consistent for all schools in an attendance area or the district; (2) standards relating to when a teacher is authorized to remove a student from the classroom for (A) failure to follow student behavior and safety standards; or (B) behavior described under AS 14.30.045 (1) or (2); (3) procedures for notifying teachers of dangerous students consistent with AS 47.12.310 (b); (4) standards relating to when a teacher, teacher's assistant, or other person responsible for students is authorized to use reasonable and appropriate force to maintain classroom safety and discipline as described under AS 11.81.430 (a)(2); (5) policies necessary to comply with provisions of state and federal law, including 20 U.S.C. 1400 — 1482 (Individuals with Disabilities Education Act); (6) standards to address needs of students for whom mental health or substance abuse may be a contributing factor to noncompliance with the school disciplinary and safety program; (7) policies for implementing a student conflict resolution strategy, including the nonviolent resolution or mediation of conflicts and procedures for reporting and resolving conflicts; (8) procedures for periodic review and revision of the school disciplinary and safety program; (9) policies and procedures consistent with standards for use of restraint and seclusion of students as described in AS 14.33.125 . (b) A school shall, on the same day as the incident, provide to the parent or legal guardian of an affected student information relating to an incident involving disruptive or violent behavior by the student that resulted in restraint or seclusion of the student by school personnel. Sec. 14.33.125. Student restraint or seclusion; limitations. (a) A public school disciplinary and safety program must (1) prohibit restraint or seclusion of a student except as provided in (b) of this section; (2) be annually reviewed with school personnel; (3) include a written report of each incident that is maintained in the student's record as described in (d) of this section; and (4) include a review of each incident in which restraint or seclusion is used as provided in (e) of this section. (b) A teacher, teacher's assistant, or other person responsible for students may physically restrain or seclude a student only if (1) the student's behavior poses an imminent danger of physical injury to the student or another person; (2) less restrictive interventions would be ineffective to stop the imminent danger to the student or another person; (3) the person continuously monitors the student in face-to-face contact or, if face-to-face contact is unsafe, by continuous direct visual contact with the student; (4) the person has received training in crisis intervention and de-escalation and restraint techniques that has been approved by the department under AS 14.33.127 , unless a trained person is not immediately available and the circumstances are rare and present an unavoidable and unforeseen emergency; and (5) the restraint or seclusion is discontinued immediately when the student no longer poses an imminent danger of physical injury to the student or another person or when a less restrictive intervention is effective to stop the danger of physical injury. (c) A teacher, teacher's assistant, or other person responsible for students may not (1) use chemical restraint; (2) use mechanical restraint; or (3) physically restrain a student by placing the student on the student's back or stomach or in a manner that restricts the student's breathing. (d) School personnel who restrain or seclude a student shall provide a written report of the incident to the school administrator. A school shall provide a copy of the report to the student's parents or legal guardians. The report must include (1) the date and time of the incident; (2) the names and job titles of school personnel who participated in or supervised the incident; (3) a description of the activity that preceded the incident, including efforts and strategies used with the student before the incident; (4) a description of the incident, including the type and duration of the intervention used; (5) a description of how the incident ended, including any further action taken. (e) A school district shall ensure that a review process is established and conducted for each incident that involves restraint or seclusion of a student. The review must be conducted as soon as practicable after the event and include (1) staff review of the incident; (2) follow-up communication with the student and the student's parent or legal guardian; (3) review of and recommendations for adjusting or amending procedures, strategies, accommodations, individualized education plans, or other student behavior plans, or for additional staff training. (f) Each school district shall annually report to the department, on a form acceptable to the department, the total number of incidents involving the restraint or seclusion of a student. The report must specify (1) the number of incidents that resulted in injury or death of students or personnel; (2) the number of incidents in which school personnel involved in the restraint or seclusion were not trained in an approved crisis intervention training program as described in AS 14.33.127 (b); and (3) the number of incidents involving the restraint or seclusion of a child with a disability under AS 14.30.350 ; the report must also include the category of the disability of the child involved in each incident. (g) In this section, (1) “chemical restraint” means a psychopharmacologic drug that is used on a student for discipline or convenience and that is not required to treat a medical symptom; (2) “mechanical restraint” means the use of a device that is not a medical device or protective equipment prescribed by a qualified health care professional to restrict a student's freedom of movement; (3) “physically restrain” or “physical restraint” means a personal restriction that immobilizes or reduces the ability of a student to move the student's arms, legs, or head freely; (4) “restraint” means physical restraint, chemical restraint, mechanical restraint, or other aversive behavioral interventions that compromise health and safety; (5) “seclusion” means the involuntary confinement of a student alone in a room or area that the student is physically prevented from leaving; “seclusion” does not include a classroom time-out, supervised detention, or suspension from school under AS 14.30.045 . Sec. 14.33.127. Crisis intervention training. (a) The department shall approve crisis intervention training programs for schools, which shall include training in (1) evidence-based techniques that have been shown to be effective in the prevention of restraint and seclusion of students; (2) evidence-based techniques shown to be effective in keeping school personnel and students safe when imposing physical restraint or seclusion of students; (3) evidence-based skills related to positive behavior supports, conflict prevention, understanding antecedents, de-escalation, and conflict management; (4) first aid and cardiopulmonary resuscitation; and (5) applicable policies and procedures. (b) The governing body of a school shall ensure that a sufficient number of school employees receives periodic training in an approved crisis intervention program to meet the needs of the school population. (c) In this section, (1) “restraint” has the meaning given in AS 14.33.125 ; (2) “seclusion” has the meaning given in AS 14.33.125 . Sec. 14.33.130. Enforcement of approved program; additional safety obligations. (a) A teacher, a teacher's assistant, a principal, or another person responsible for students may not be terminated or otherwise subjected to formal disciplinary action for lawful enforcement of an approved school disciplinary and safety program, including behavior standards, adopted under AS 14.33.120 . (b) A teacher, a teacher's assistant, a principal, or another person responsible for students who (1) receives information about a student under AS 47.12.310 (b) or receives information that may affect the safety of students or staff shall notify the student's teacher or a school administrator; and (2) in the course of employment, observes a student committing a crime shall report the crime to the local law enforcement agency; in this paragraph, “crime” has the meaning given in AS 11.81.900 . Sec. 14.33.140. Civil liability for enforcing disciplinary and safety program. A teacher, a teacher's assistant, a principal, or another person responsible for students is not liable for civil damage resulting from an act or omission (1) arising out of enforcement of an approved school disciplinary and safety program adopted under AS 14.33.120 ; and (2) arising out of and in the course of employment unless the act or omission constitutes gross negligence or reckless or intentional misconduct. Article 4. Harassment, Intimidation, and Bullying. Sec. 14.33.200. Harassment, intimidation, and bullying policy. (a) By July 1, 2007, each school district shall adopt a policy that prohibits the harassment, intimidation, or bullying of any student. Each school district shall share this policy with parents or guardians, students, volunteers, and school employees. (b) The policy must be adopted through the standard policy-making procedure for each district that includes the opportunity for participation by parents or guardians, school employees, volunteers, students, administrators, and community representatives. The policy must emphasize positive character traits and values, including the importance of civil and respectful speech and conduct, and the responsibility of students to comply with the district's policy prohibiting harassment, intimidation, or bullying. The policy must also include provisions for an appropriate punishment schedule up to and including expulsion and reporting of criminal activity to local law enforcement authorities. School employees, volunteers, students, and administrators shall adhere to this policy. (c) By January 1, 2007, the department, in consultation with representatives of parents or guardians, school personnel, and other interested parties, may provide to school districts a model harassment, intimidation, and bullying prevention policy and training materials on the components that should be included in a district policy. Training materials may be disseminated in a variety of ways, including workshops and other staff developmental activities, and through the Internet website of the department. Materials included on the Internet website must include the model policy and recommended training and instructional materials. The department may provide a link to the school district's Internet website for further information. Sec. 14.33.210. Reporting of incidents of harassment, intimidation, or bullying. Beginning with the 2007 — 2008 school year, each school district shall report to the department by November 30 all incidents resulting in suspension or expulsion for harassment, intimidation, or bullying on school premises or on transportation systems used by schools in the school year preceding the report. The department shall compile the data and report it to the appropriate committees of the Alaska House of Representatives and the Senate. Sec. 14.33.220. Reporting; no reprisals. (a) A school employee, student, or volunteer may not engage in reprisal, retaliation, or false accusation against a victim, witness, or person with reliable information about an act of harassment, intimidation, or bullying. (b) A school employee, student, or volunteer who has witnessed, or has reliable information that a student has been subjected to, harassment, intimidation, or bullying, whether verbal or physical, shall report the incident to an appropriate school official. (c) This section does not prohibit discipline or other adverse action taken in compliance with school district policies against a person who falsely and in bad faith accuses a person of engaging in harassment, intimidation, or bullying or who intentionally provides false information in connection with an investigation of an alleged incident of harassment, intimidation, or bullying. Sec. 14.33.230. Immunity from suit. A school employee, student, or volunteer who reports an incident of harassment, intimidation, or bullying to a school official and who makes this report in good faith is immune from a cause of action for damages arising from a failure to remedy the reported incident or for making the report. Sec. 14.33.250. Definitions. In AS 14.33.200 — 14.33.250, (1) “district” has the meaning given in AS 14.17.990 ; (2) “harassment, intimidation, or bullying” means an intentional written, oral, or physical act, when the act is undertaken with the intent of threatening, intimidating, harassing, or frightening the student, and (A) physically harms the student or damages the student's property; (B) has the effect of substantially interfering with the student's education; (C) is so severe, persistent, or pervasive that it creates an intimidating or threatening educational environment; or (D) has the effect of substantially disrupting the orderly operation of the school; (3) “school official” means an employee of a school, including a teacher, administrator, or noncertificated support staff or paraprofessional.