AGO 1996-100.

Case DateJanuary 17, 1996
CourtAlabama
Alabama Attorney General Opinions 1996. AGO 1996-100. 1996-100January 17, 1996Honorable J. Carlton Smith Superintendent Vestavia Hills Board of Education 1204 Montgomery Highway Birmingham, AL 35216 Education, Boards of - Students - Crimes and Offenses A policy may be promulgated by a local board of education which provides for the discipline of any student whose presence is detrimental to the safety and welfare of the pupils and/or teachers of the school. Any policy providing for disciplining a student for off-campus conduct should be promulgated and implemented with circumspection and caution.Dear Dr. Smith: This opinion is issued in response to your request for an opinion from the Attorney General. QUESTION Can the Vestavia Hills Board of Education implement and enforce a policy which would provide discipline of its students when: (1) A student commits a criminal offense (traffic, felony, or misdemeanor) off campus, or not at an authorized school- related event: (2) A student threatens or commits an act of violence or vandalism against a teacher or school administrator off campus; or (3) A student commits an act of violence or vandalism against another student off campus. FACTS AND ANALYSIS The Legislature has set forth the procedure by which local school boards may prescribe rules and regulations with respect to the behavior and discipline of pupils enrolled in schools under its jurisdiction: "_16-1-14. Removal, isolation, or separation of pupils creating disciplinary problems; state approval necessary for rules implementing such measures; deprivation of right to equal and adequate education may not result. "Any city, county, or other local public school board shall, consistent with Section 16-28-12, prescribe rules and regulations with respect to behavior and discipline of pupils enrolled in the schools under its jurisdiction and, in order to enforce such rules and regulations, may remove, isolate, or separate pupils who create disciplinary problems in any classroom or other school activity and whose presence in the class may be detrimental to the best interest and welfare of the pupils of such class as a whole. Any rules and regulations adopted pursuant to this section shall be approved by the State Board of Education. Any such removal, isolation, or separation may not deprive such pupils of their full right to an...

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