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SB 0367 - Georgia Council Justice Reform; provide for comprehensive reform

Tracking Level: Passed
Sponsor: Kennedy, John 18th
Last Action: 7/1/2016 - Effective Date
Senate Committee: JUDYNC
House Committee: JudyNC
Assigned To:
DisciplineNext Bill

Staff Analysis of the Legislation

SUMMARY:  LC 29 6906-EC  SB 367/AP

This bill is based on the recommendations of the Georgia Council on Criminal Justice Reform.  Lines 705-759 relate to K-12.

The Council's report is available here 

 

REQUIREMENTS:

State Board shall promulgate rules and regulations to require minimum qualifications for hearing officers, disciplinary hearing officers, tribunals, and panels

Rules shall ensure those individuals have initial training prior to serving and have continuing education to continue to serve, and function as independent, neutral arbiters

Local boards of education shall develop a system of progressive discipline that may be imposed on a child accused of violating 20-2-1181, relating to the disruption or interference with the operation of a public school, before initiating a complaint, as defined in 15-11-2

When a complaint is filed involving a student who is not suspected to be eligible for services under IDEA or Section 504, it shall include information showing that the local board sought to:

  • resolve the problem through available educational approaches AND
  • engage the child's parent or guardian to resolve that problem AND
  • that the student has been unable or unwilling to resolve the expressed problem, that the problem remains and that court intervention is necessary 

When the complaint involves a student suspected to be eligible for services under IDEA or Section 504, it shall include information that shows the local board of education:

  • has determined the student is eligible or suspected to be eligible for services under IDEA or Section 504
  • has reviewed the appropriateness of the child's IEP and placement and has made modifications where appropriate
  • sought to resolve the problem through available educational approaches AND
  • sought to engage the child's parent or guardian to resolve the problem AND
  • that the student has been unwilling or unable to resolve the expressed problem and that court intervention is necessary

When a local school system assigns or employs law enforcement officers in schools, the local board shall have a collaborative written agreement with law enforcement officials:

  • to establish the role of law enforcement and school employees in school disciplinary matters and
  • to ensure coordination and cooperation among officials, agencies, and programs involved in school discipline and public protection 

EFFECTIVE DATE:

July 1, 2016 if approved by the General Assembly and Governor 


Bill Summary from the State Site - Click for the State Summary Page / Click for Current Full Text