About House Bill 330
Summary of Major Provisions
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Establishes Center for School Safety
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Requires districts to report school violence/discipline data
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Disseminates grants for alternative education and other safety strategies
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Mandates needs assessments ('98-'99) and district plans ('99-2000)
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Clarifies district discipline codes
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Requires districts to continue education services to expelled students inappropriate settings (except in specific cases)
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Allows administrators, teachers, and staff to immediately remove threatening or violent students from classrooms or district transportation
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Obligates courts to notify principals within five (5) days when students are convicted of specific offenses (assault, sexual offenses, firearms/ weapons, and drugs)
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Requires principals to share court information with student's classroom teachers and bus driver(s)
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Allows local boards to use at risk student funds to pay a hazardous duty pay supplement to teachers who work in alternative programs serving violent or assaultive students.
Kentucky Center for School Safety
(Governed by 12-member board and located at a public
university) Mission is to serve as central point for
data analysis, research, dissemination of information on
successful safety strategies, and technical assistance
for safe schools.
Specific duties:
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Establish clearinghouse of information/materials on violence prevention
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Provide/Coordinate training, technical assistance, and program development to schools, law enforcement agencies, and communities
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Analyze school safety and discipline data reported by local districts
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Evaluate existing school safety programs
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Administer grants to local districts ('99-2000)
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Promote interagency efforts to address school discipline and safety issues in collaboration with other post-secondary institutions and juvenile delinquency preventioncouncils
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Provide annual report to Governor, Kentucky Board of Education, and Interim Joint Committee on Education on status of school safety in Kentucky
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Advise Kentucky Board of Education on administrative policies/regulations
Twelve Board of Directors Appointed by the Governor (7/15/98)
Five (5) State
Level Commissioner/Designee of Department of Education
Commissioner/Designee of Department of Juvenile Justice
Commissioner/Designee of Department for Mental Health/Mental Retardation Services
Commissioner/Designee of Department for Social Services
Secretary/Designee of Cabinet for Education, Arts, and Humanities
Seven (7) Local
Level Juvenile court judge
Member of local board of education (KY School Boards Assn)
Local school administrator (KY Assn of School Administrators)
Parent representative of school council (KY Assn of School Councils)
Teacher (KY Education Assn)
Classified school employee (KY Education Support Personnel Assn)
School superintendent
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Board shall meet a minimum of four (4) times per year
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Attached to Office of the Secretary, Education, Arts, and Humanities Cabinet
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By 9/15/98, Board shall issue a request for proposals to select a public university to administer Center
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By 1/1/99, Board shall select a site for Center
KDE Shall Establish and Maintain Statewide Data Collection System
Districts required to report following discipline/safety data by sex, age, and grade:
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Incidents of violence/assault against employees and students
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Possession of guns/deadly weapons on school property/functions
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Use/Possession of alcohol, prescription drugs, or controlled substances on school property/functions
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The number of arrests, the charges and pursuit of civil damages by injured parties
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The number of suspensions, expulsions, and corporal punishments
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Required elements of school and district assessment process (Section 6)
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Department shall provide above-referenced data to Center for School Safety according to timelines prescribed
Required Elements of School Safety Assessments (Beginning in '98 - '99)
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Reports of school incidents relating to disruptive behaviors
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Review of behavior/discipline codes for clarity and appropriate notice to students/parents
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School's hierarchy of responses to discipline problems and actual outcomes of discipline incidents
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Staff training needs related to classroom management, student learning styles, and other strategies to engage students and minimize disruptive behavior
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Array of school services available to students at risk of academic failure, dropping out, or truancy
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Early engagement of parents in student discipline problems
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Students' training needs in anger reduction, conflict resolution, peer mediation, and other necessary skills
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Training needs of parents
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Existing SBDM policies on student discipline and student information
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School's physical environment
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School's student supervision plan
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Existing components of school improvement/consolidated plan focusing on school safety and at-risk students as well as the effectiveness of these components
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Other data as determined by council or school administration
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Schools that do not complete assessment are ineligible for funds under school safety grant program in 1999-2000 and subsequent years.
Local districts required to complete assessment (by 5/15/99)
based on:
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Individual school assessments
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District-level data, resources, and policies/procedures and district-wide needs
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Community agencies (such as law enforcement and courts) shall be involved in district assessment process
Local Boards Required to Adopt Plan Based on Results of District Assessment
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Actual planning process determined at local level based on size/characteristics of district
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Planning team must include at least one representative from each school and representatives from larger community including local Juvenile Delinquency Prevention Council
District plans shall include:
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Immediate and long-term strategies to address safety and discipline
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District discipline codes
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Description of instructional placement options for threatening or violent students
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District Safety Plans form basis for any grant funds received in 1999- 2000 and subsequent years.
Allocation of Safe School Funds
[As Referenced in H.B. 321 -- Budget Bill]
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Not more than twenty percent (20%) of FY99 funds and not more than ten percent(10%) of FY2000 funds appropriated for safe schools initiatives shall be used to support operations of Center for School Safety.
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Remaining funds for FY99 shall be distributed by KDE as grants to local school districts for appropriate Alternative Education Programs (grant awards based on criteria/guidelines established by KDE). Remaining funds in 1999-2000 shall be distributed by Center for School Safety based on application process established by Center (in collaboration with KDE) and approved by Board of Directors.
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Application process shall include:
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Eligibility guidelines and funding levels for grants
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First priority to those applying for alternative programs
Other eligible programs in 1999-2000 include:
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Community-based programs
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Intensive academic intervention programs
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Programs utilizing school resource officers
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Training for certified and classified staff, students, parents, and community members
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Other violence prevention programs
* Although HB330 provides for funds to be
distributed to school districts on a 'per pupil basis,'
this section was overridden by above section of Budget
Bill.
Provisions Additional Day Treatments
By 8/1/2000, Department of Juvenile Justice shall provide
(based on available funds) a day treatment program
(combining therapeutic and academic services) accessible to
every school district in each judicial region of state.
District Code of Acceptable Behavior & Discipline
Local boards responsible for formulating a code of
acceptable behavior and discipline to apply to ALL
students in each school operated by Board
Superintendents (or designee) responsible for overall
implementation/supervision of District Discipline Code
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Each school principal responsible for
administration/implementation of code within their
school
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Boards shall establish process for two-way
communication between teachers/staff and
principals/supervisors in case of emergencies
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School
councils responsible for selecting and implementing
appropriate discipline and classroom management
techniques necessary for carrying out district code
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(District Code of Acceptable Behavior & Discipline
continued)
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Codes contain expectations for student
behavior and consequences for failure to meet
expectations
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Principals shall apply code uniformly and
fairly to each student without partiality or
discrimination Code is adopted by Board of Education and
posted at each school
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Guidance Counselors provided
copies of code for discussion with students
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Code shall
be referenced in all school handbooks. All school
employees and parents shall be provided copies of code.
Discipline of Violent and Disruptive Students
Local boards required to adopt policies requiring
disciplinary actions "up to and including expulsion" for
students who:
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Possess prescription drugs or controlled
substances for purpose of sale/distribution at school
under board's jurisdiction
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Physically assault, batter,
or abuse educational personnel or other students at
school/school function
Education Services to Expelled Students
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Local boards required to provide (or assure the
provision of) educational services to expelled students
in appropriate alternative settings unless the board has
made a determination on the record, supported by clear
and convincing evidence, that the expelled student poses
a threat to safety of other students or school staff and
cannot be placed in a state-funded agency program
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Other "intervention services" as indicated for each
student, may be provided by the board or through
agreement with state or community agencies
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Cost of "intervention services" will be the
responsibility of the providing agency
Removal of Threatening Students from Classroom
School administrators, teachers, and other school personnel
may immediately remove or cause to be removed threatening or
violent students from classroom or district transportation
system pending any further disciplinary action that may
occur.
Each board of education shall adopt a policy to assure the
implementation of this section and to assure safety of
students/staff.
Limits suspension of primary school students to exceptional
cases where safety issues for child or others exist.
When determined that exceptional child's behavior is related
to disability, child cannot be suspended or expelled unless
current placement could result in injury to child, other
children, or education personnel in which case appropriate
alternative placement shall be provided that will provide
for child's educational needs and will provide a safe
learning and teaching environment for all.
Required Principal Reporting
When principal has reasonable belief that an act has
occurred on school property* or at school-sponsored function
involving assault resulting in serious physical injury, a
sexual offense, kidnapping, assault involving use of weapon,
possession of firearms in violation of a law or possession
of controlled substance in violation of law, or damage to
property principal shall immediately report act to
appropriate law enforcement agency.
* Any public school building, bus, public school campus,
grounds, recreational area or athletic field in the charge
of principal.
- When students are convicted of charges related to
violence, sexual offenses, firearms/weapons, and drugs
courts required to notify principal within five (5) days
of the order
- Principal required to share information with
student's classroom teachers and district transportation
(if appropriate)
- Otherwise information shall not be shared by school
personnel with any other person or agency except as
otherwise required by law
- No written description of charges or probation
requirements shall be included in child's student record