INTRODUCTION AND SUMMARY
Public schools continue to be among the safest places in America. Even so, each day, serious offenses, including violent crimes and weapon and drug-related offenses, are committed by and against schoolchildren. These offenses endanger the welfare of children and teachers, and disrupt the educational process. The situation requires a decisive response.
One of the best ways to maintain a safe and secure atmosphere in our schools, and to keep weapons, drugs, tobacco, alcohol, and other forms of contraband out of our schools and away from children, is to make clear that school officials will keep a watchful eye and will intervene decisively at the first sign of trouble. It is essential for school officials to be vigilant and to pursue all lawful means to maintain school safety and to keep guns and other weapons, drugs, and alcohol off of school grounds. This Manual is intended to inform teachers and school officials of legal tools available to address the security problems posed by students who engage in violent or disruptive behavior or who use, possess, or distribute drugs, alcohol, or weapons.
This manual was first published in 1999. Since that time, there have been significant changes in Colorado law related to school safety. These changes have been incorporated into every subsequent Edition of this Manual. The 2006 Edition reflects several new laws passed by the Legislature related to: 1) the requirement of reporting incidents described as ?°Fights?± (SB 06-055); 2) the requirement that students be educated until the age of 17 (SB 06-073), and brief discussions on truancy, searches done during ?°medical emergencies?± and updates to Colorado case law on student searches.
For your convenience, the following is a short summary of the topics discussed in more detail in this Manual:
USchool district discipline codes are required, and reasonable physical intervention by teachers and school officials is permitted in limited circumstances.
School district discipline codes are required. School Districts are required by law to adopt a written conduct and discipline code, including policies for dealing with disruptive students, policies governing the removal of disruptive students from the classroom, and policies governing physical intervention or force in dealing with disruptive students and an anti-bullying policy.
School personnel have immunity from civil liability. Any school official or employee acting in good faith in carrying out the provisions of a District conduct and disciplinary code will be immune from civil liability.
Reasonable physical force may be used. Teachers and school officials may use reasonable and appropriate physical force upon a student to the extent it is reasonably necessary and appropriate to maintain school discipline and to promote the safety and welfare of students or school personnel.
Anti-gang policies must be adopted. School districts are now required to adopt policies regarding gang-related activities in school, as well as dress code policies. Thus, school districts may consider adopting policies that restrict the display of gang symbols or colors in schools.
Safe school plans are required. Each district is now required to adopt a safe school plan that includes a written conduct and discipline code, annual reporting regarding the school environment, a crisis management policy, and a safety and security policy.
Schools may suspend, expel, or deny admission to students in certain circumstances.
Schools may suspend students. The school principal may suspend a student for up to five days for school rule violations, and up to ten days for serious violations. The superintendent may extend the suspension for an additional ten days. The total term of suspension may not exceed twenty-five school days.
Schools may expel students. A District board of education may expel a student for violation of any of the grounds for suspension. The board may also decide to deny admission to any student who was expelled from any school district during the preceding twelve months, and any student whose behavior in another school district during the preceding 12 months was detrimental to the welfare or safety of other students or school personnel.
Schools must expel students in certain circumstances. Expulsion shall be mandatory for declaration of a student as ?°habitually disruptive?±; and for possessing a dangerous weapon, sale of a drug or controlled substance, robbery, or assault on school grounds.
Specific School Related Crimes.
Possession of deadly weapons is prohibited. It is a class 6 felony if any person knowingly and without legal authority possesses a deadly weapon on the grounds of any public or private elementary, middle, junior high, or high school. A ?°deadly weapon?± means any of the following which in the manner it is used or intended to be used is capable of producing death or serious bodily injury: a firearm, a knife, a bludgeon, or any other weapon, device, instrument, material, or substance whether animate or inanimate. ?i 18-12-105.5. C.R.S. Legislation in 2003 regarding concealed weapons has crafted out three very precise exceptions to this general rule however. Assuming the person has lawfully obtained a permit: 1) the handgun remains in a locked vehicle on school property; 2) school security officer carries while on duty; and 3) carry is permitted on undeveloped property owned by the school district used for hunting or other shooting sport. ?i 18-12-214, C.R.S. (2005).
Making false bomb reports is a crime. It is unlawful to make a false report that an explosive device has been placed in a school. It is also unlawful to carry a firearm or explosive onto a school bus.
Selling drugs on school grounds is a crime. Selling drugs inside a school or a school bus will subject the offender to enhanced sentencing.
Bullying other students is serious and may constitute a crime.
Several laws may make bullying a crime. Generic bullying could be considered the crimes of harassment, menacing, or assault; given the factual situation, bullying could also be considered ethnic intimidation or, could expose the perpetrator to enhanced liability under the at-risk victims statutes.
Impeding students and faculty is unlawful. It is a class 3 misdemeanor for a person, through the use of force or violence, coercion or intimidation, to disrupt students, faculty or administrators in their educational activities. It is also unlawful for a person engaging in these activities to refuse to leave the school grounds when requested to do so by the school administration.
Parents may be required by a court to attend proceedings, undergo training, and pay restitution. The parent, guardian, or legal custodian of a juvenile is required to attend juvenile justice proceedings regarding that juvenile. The parent, guardian, or legal custodian may also be legally required by the court to attend parental responsibility training, cooperate in treatment plans or the performance of public service, or make restitution to the victims of the juvenile.
Law Enforcement and schools may share information related to students, crimes and delinquency.
Law enforcement must report certain criminal charges. Whenever a student is charged with committing a crime of violence, information concerning the student and details of the alleged offense must be forwarded to the school district in which the student is enrolled. Upon receipt of the information, the District??s board of education may proceed with suspension or expulsion procedures against the student, or wait until the conclusion of juvenile proceedings to consider the expulsion matter, or provide the student with an appropriate alternative education program during the pendency of the juvenile proceedings. If the student is found guilty or adjudicated delinquent, the board may then proceed to expel the student.
Law enforcement must report the filing of delinquency petitions. Under a new law enacted in 2000, whenever a delinquency petition is filed against a student in juvenile court, the prosecuting attorney must notify the principal of the student??s school. Furthermore, the principal must be notified whenever a student under the age of 18 is convicted of a crime of violence, a crime involving controlled substances, or a crime that subjects the student to mandatory expulsion.
Schools must disclose certain student records. Under a law enacted in 2000, criminal justice agencies are authorized to request and receive the disciplinary and attendance records of students under criminal investigation. Schools are required to report criminal offenses committed against teachers and school employees to the appropriate law enforcement agencies.
In legislation enacted in 2003, under ?i 22-1-124, C.R.S. (2005), public schools shall now provide to parents of children attending school a statement identifying where and how the parent can obtain information concerning registered sex offenders. This information also can be posted on a school website.
In new legislation, under ?i 22-32-109.1 (2)(b)(IV), C.R.S. (2005), schools and school districts are now required to provide the Department of Education with an additional category of information under the subsection ?°Safe School Reporting Requirements.?± This new category, ?°Fights,?± would encompass acts committed on school grounds that if committed by an adult would be considered Third Degree Assault and Disorderly Conduct, but excludes Disorderly Conduct involving firearms or other deadly weapons, as they are already covered in other subsections.
School officials may obtain designated criminal records on students. Under a law enacted in 2000, principals, superintendents, or their designees are authorized to obtain records on students maintained by criminal justice agencies, including court records, probation records, and law enforcement records.
School officials may conduct reasonable searches of students. The Fourth Amendment applies to schools. The Fourth Amendment??s prohibition against unreasonable search and seizure applies to searches conducted by public school officials.
Reasonable suspicion is required for a search. A search of a student will be justified at its inception where there is reasonable suspicion that the search will uncover evidence that the student is violating either the law or the rules of the school.
The search must be reasonable in scope. A search will be permissible in its scope when the measures adopted are reasonably related to the objectives of the search and are not excessively intrusive in the light of the age and sex of the student and the nature of the violation.
Nondiscriminatory random searches are permitted. In certain limited circumstances, such as nondiscriminatory and random checks of lockers, it is also appropriate for school officials to conduct administrative searches without reasonable suspicion.
Ten concrete steps to developing safer schools ?C (Ron Stephens, The UNational School Safety Center)
Mission Statement. Include safety in school mission statement. Safe School Plan. Craft individual safe school plans. Discipline Code. Prepare and publicize discipline code. Written Agreements. Develop written agreements with other youth focused agencies such as memorandum of understanding with law enforcement.
Crisis Management Policy. Establish crisis management policies. Annual Evaluation. Conduct annual school safety assessments.
Crime Reporting System. Establish systematic crime reporting process. Custodial Control Over School Property. Exercise full custodial
responsibility over school and school property. Information Sharing. Share information among schools and staff members about dangerous conditions or people. Screen Employees. Screen new and existing employees.
