1. (a) The Legislature finds a compelling public interest in ensuring that schools are made safe and drug-free for all students and school employees. The Legislature finds the need for a comprehensive safe school and drug-free school policy to be adopted by the State Board of Education. This policy should establish minimum standards for classes of offenses and prescribe uniform minimum procedures and penalties for those who violate the policies. It is the intent of the Legislature that our schools remain safe and drug-free for all students and school employees. The State Board of Education shall adopt and all local boards of education shall uniformly enforce policies that protect all students and school employees. The State Board of Education shall require local school systems to modify their policies, practices, or procedures so as to ensure a safe school environment free of illegal drugs, alcohol, or weapons. Any rules adopted by the State Board of Education pursuant to this section shall be exempt from Section 41-22-3(3). These modifications shall include the formulation of a discipline plan setting forth policies, practices, and procedures dealing with students or other individuals who bring illegal drugs, alcohol, or weapons on a school campus. The discipline plan shall also include uniform drug-free school policies with uniform penalties.

2. (b)

   1. (1) The principal shall notify appropriate law enforcement officials when any student or school employee violates local board of education policies concerning drugs, alcohol, weapons, physical harm to an individual, or threatened physical harm to an individual.
   2. (2) The principal shall notify appropriate law enforcement officials immediately upon notice of any individual making a terrorist threat pursuant to Section 13A-10-241 or Section 13A-10-242.
   3. (3) If any criminal charge is warranted arising from the conduct described in subdivision (1) or (2), the principal may sign a warrant or complaint. If that accused individual is a student enrolled in any public school in this state, the local school system shall immediately suspend that student from attending regular classes and schedule a hearing at the earliest possible date, which shall not be later than 30 calendar days, or pursuant to the due process procedures provided in Section 16-1-14, whichever is earliest. The length of the suspension shall depend on the outcome of the disciplinary hearing before the local board of education. The initiation of criminal charges against a student shall include a review and consideration of the student’s exceptional status, if applicable, under Chapter 39, or appropriate federal statutory or case law.
   4. (4) Any disciplinary action mandated by this subsection shall be subject to the student’s existing rights and procedural safeguards under the federal Individuals with Disabilities Education Act (IDEA) and Section 504 of the Rehabilitation Act of 1973, which shall take precedence in the event of a conflict.
3. (c) Except as otherwise provided in subsection (e), if a student or school employee is found to have violated a local board of education policy concerning drugs, alcohol, weapons, physical harm to an individual, or threatened physical harm to an individual, the student or school employee may not be readmitted to the public schools of this state until: (i) all criminal charges or offenses arising from the conduct, if any, have been disposed of by appropriate authorities; and (ii) the student or school employee has satisfied all other requirements imposed by the local board of education as a condition for readmission.
4. (d) Except as otherwise provided in subsection (e), any student or school employee adjudicated delinquent or a youthful offender, or convicted of a criminal offense involving drugs, alcohol, weapons, physical harm to an individual, or threatened physical harm to an individual, may not be readmitted to the public schools of this state until the student or school employee has satisfied the conditions prescribed by the local board of education for preservation of the safety or security of students and employees of the local board of education, which may include, but are not limited to, psychiatric or psychological evaluation and counseling.

5. (e)

   1. (1) Any disciplinary action mandated by this subsection shall be subject to the student’s existing rights and procedural safeguards under the federal Individuals with Disabilities Education Act (IDEA) and Section 504 of the Rehabilitation Act of 1973, which shall take precedence in the event of a conflict.
   2. (2) If a student is charged with making a terrorist threat in the first or second degree, the school system shall immediately suspend that student from attending regular classes and schedule a hearing at the earliest possible date, which shall not be later than 30 calendar days after the suspension, or pursuant to the due process procedures provided in Section 16-1-14, whichever is earliest. This suspension shall not prevent a student from attending any hearing or official proceeding when summoned by the school administration or board of education. The student may not be readmitted to the public schools of this state until: (i) all criminal charges or offenses arising from the conduct have been disposed of by appropriate authorities; (ii) the student has completed a psychiatric or psychological evaluation and has begun counseling if prescribed by the court; and (iii) the student has satisfied all other requirements imposed by the local board of education as a condition for readmission.
   3. (3) In addition to the recovery of damages and court costs provided in subdivision (f)(3), upon a student being adjudicated or convicted of the crime of making a terrorist threat in the first or second degree, the student shall be expelled from school, and the court may order the student and the parent or guardian of the student to pay restitution to law enforcement, emergency medical service providers, and the local board of education for any costs incurred relating to the crime.

6. (f)

   1. (1) A copy of the school system’s discipline plan shall be distributed to all students enrolled in the system, and their parents or guardians shall read the plan and sign a statement verifying that they have been given notice of the discipline policies of their respective school system. The local board of education shall have its official discipline plan reviewed on an annual basis to ensure that its policies and procedures are currently in compliance with applicable statutes, case law, and state and federal constitutional provisions.

   2. (2) The discipline plan of a school system shall include, but not be limited to, all of the following:

      1. a. A parent or guardian, excluding a foster parent, responsible for the care or control of a student enrolled in a public school system shall be responsible financially for the destructive acts of the student against school property or another individual.
      2. b. A parent or guardian, excluding a foster parent, responsible for the care or control of a student enrolled in a public school system may be requested to appear at the school by an appropriate school official for a conference regarding the acts of the student specified in paragraph a.
      3. c. A parent or guardian, excluding a foster parent, responsible for the care or control of a student enrolled in a public school system who has been summoned by proper notification by an appropriate school official shall attend the discipline conference specified in paragraph b.
   3. (3) Any public school system may recover actual damages, plus necessary court costs, from the parent or guardian, or both, of any student who maliciously and willfully damages or destroys property belonging to the school system. This subdivision shall not apply to any parent whose parental control of a student has been removed by court order or decree or to any parent of an exceptional child with specific mental and physical impairments if the damage is determined to result from the impairments. The action authorized in this subdivision shall be in addition to all other actions that the school system may maintain and nothing in this subdivision shall preclude recovery in a greater amount from the student or from an individual, including the parents or guardian, or both, for damages to which the student would otherwise be liable.

7. (g) The local board of education shall adopt and make available to all teachers, school personnel, students, and parents or guardians, at the beginning of each school year, a code of student conduct developed in consultation with teachers, school personnel, students, and parents or guardians. The code shall be based on the rules governing student conduct and discipline adopted by the local board of education and may be made available at the school level in the student handbook or similar publication. The code shall include, but not be limited to, all of the following:

   1. (1) Specific grounds for disciplinary action.
   2. (2) Procedures to be followed for acts requiring discipline.
   3. (3) An explanation of the responsibilities and rights of students with regard to attendance, respect for individuals, entities, and property, knowledge and observation of rules of conduct, and the right to learn, free speech and student publications, assembly, privacy, and participation in school programs and activities.
8. (h) Except in the case of excessive force or cruel and unusual punishment, no certified or noncertified employee of the State Board of Education or any local board of education shall be civilly liable for any action carried out in conformity with state law and system or school rules regarding the control, discipline, suspension, and expulsion of students.
9. (i) Nothing in this section shall be construed to prevent a local board of education from adopting more stringent rules than those adopted on the state level in order to foster and maintain a safe and drug-free environment in the public schools.

(Acts 1991, No. 91-323, p. 602, §22; Acts 1994, 1st Ex. Sess., No. 94-784, p. 72, §1; Act 2026-367, §1.)