COMMITTEE SUBSTITUTE
FOR
H.B. 2073
(By Mr. Speaker, Mr. Chambers, and Delegate Ashley [By Request of the Executive])
(Originating in the Committee on Education)

[February 14, 1995]

A BILL to amend article two, chapter eighteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section five-d; to amend article five of said chapter by adding thereto three new sections, designated sections fifteen-f, forty-two and forty-three; to amend and reenact section two, article five-a of said chapter; to amend and reenact sections one and one-a, article five, chapter eighteen-a of said code; and to amend and reenact section eleven-a, article seven, chapter sixty-one of said code, all relating to the duty of the state board to report guidelines for productive and safe schools to the governor and the Legislature; the duty of the parent to affirm, upon registration, that their child is not currently under suspension or expulsion; the creation of a county-wide council on productive and safe schools; the duty of the county board of education to report the county-wide plans to the state board of education; the involvement of the local school improvement councils in the productive and safe school plans; the authority of teachers and other school personnel to exclude students from the classroom or school bus; the implementation of the responsible students program and the peer mediation program by the county board of education; the suspension and expulsion, discretionary and mandatory, of pupils from the school or school bus; the due process requirements for suspension and expulsion; the authority of the county board of education to lessen mandatory periods of expulsion; the temporary removal of a disabled child from the school; the re-enrollment of students who have been expelled from school, whether such expulsion was in state or out of state; the possession of firearms or deadly weapons on premises of educational facilities.

Be it enacted by the Legislature of West Virginia:
That article two, chapter eighteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated section five- d; that article five of said chapter be amended by adding thereto three new sections, designated sections fifteen-f, forty-two and forty-three; that section two, article five-a of said chapter be amended and reenacted; that sections one and one-a, article five, chapter eighteen-a of said code be amended and reenacted; and that section eleven-a, article seven, chapter sixty-one of said code be amended and reenacted, all to read as follows:
CHAPTER 18. EDUCATION.
ARTICLE 2. STATE BOARD OF EDUCATION.
§18-2-5d. Duty of board to report guidelines for productive and safe schools.
On or before the first day of December, one thousand nine hundred ninety-five, the board shall assess and report to the Governor and to the legislative oversight commission on education accountability, the guidelines adopted by the county boards of education, as described in section forty-three, article five, chapter eighteen of this code. The board shall also add recommendations for the use of the peer mediation program in cases involving school violence.
ARTICLE 5. COUNTY BOARD OF EDUCATION.

§18-5-15f Affirmation regarding the suspension of expulsion of
a pupil from school
(a) Prior to the admission of a pupil to any public school in West Virginia, the county superintendent shall require the pupil's parent(s) or other legal guardian(s) to provide, upon registration, a sworn statement or affirmation indicating whether the student is, at the time, under suspension or expulsion from attendance at a private or public school in West Virginia or another state. Any person willfully making a materially false statement or affirmation shall be guilty of a misdemeanor, and upon conviction ther penalty shall be the same as provided for "false swearing" pursuant to section three, article five, chapter sixty-one of this code.
(b) Notwithstanding any over provision of this code to the contrary, any pupil who has been suspended or expelled from school pursuant to section one-a, article five, of chapter eighteen-a of this code, or who has been suspended or expelled from a public or private school in another state, may not be admitted to any public school within the state of West Virginia until the period of suspension or expulsion has expired.
§18-5-42. County-wide council on productive and safe schools.
(a) On or before the thirtieth day of April, one thousand nine hundred ninety-five, there shall be developed a county-wide council on productive and safe schools, which shall be comprised of the following members:
(1) The county superintendent, who shall serve as the chair of the county-wide council on productive and safe schools;
(2) One representative from each local school improvement council, to be elected by a majority vote of each local school improvement council;
(3) The prosecuting attorney or his or her designee;
(4) A representative of the department of health and human resources created pursuant to the provisions of section two, article one, chapter five-f of this code, to be appointed in a manner determined by the secretary of the department;
(5) A representative of the law enforcement agencies situated in the county in which the school is situated to be recommended by the county superintendent; and
(6) A representative of the county board of education for the county in which the school is situated in the county in which the school is situated to be appointed by the president of the county board of education;
(7) The county board of education supervisor of transportation.
(8) A representative of the regional comprehensive behavioral health center as designated by the office of behavioral health services in which the county school system is situated, to be appointed by the executive director of the center.
(b) The county superintendent shall call an organizational meeting of the council as soon as practicable after the effective date of this section.
(c) On or before the first day of October, one thousand nine hundred ninety-five, the said council shall compile the various plans of, and shall deliver, assess the proposals of, and report to the county board of education, the local school improvement councils' guidelines for the instruction and rehabilitation of students who have been excluded from the classroom, suspended from the school, or expelled from the school, including, but not limited to, the description and recommendation of in-school suspension programs and a description of possible alternative settings, schedules for instruction, and alternative education programs.
§18-5-43. Duty of the county board of education to report the county-wide productive and safe school plans to the West Virginia board of education.
On or before the first day of November, one thousand nine hundred ninety-five, each county board of education shall deliver, assess the proposal of, and report to the West Virginia Board of Education, the productive and safe school plan reported by the county-wide council on productive and safe schools, as described in section forty-two of this article.

ARTICLE 5A. LOCAL SCHOOL INVOLVEMENT.

§18-5A-2. Local school improvement councils; election.

(a) A local school improvement council shall be established at every school consisting of the following:
(1) The principal, who shall serve as an ex officio member of the council and be entitled to vote;
(2) Three teachers elected by the faculty senate of the school;
(3) Two school service personnel elected by the school service personnel employed at the school;
(4) Three parents or legal guardians of students enrolled at the school elected by the parent members of the school's parent teacher organization: Provided, That if there is no parent teacher organization, the parent or legal guardian members shall be elected by the parents and legal guardians of students enrolled at the school in such manner as may be determined by the principal;
(5) Two at-large members appointed by the principal, one of whom resides in the school's attendance area and one of whom represents business or industry, neither of whom is eligible for membership under any of the other elected classes of members;
(6) In the case of vocational-technical schools, the vocational director: Provided, That if there is no vocational director, then the principal may appoint no more than two additional representatives, one of whom represents business and one of whom represents industry;
(7) In the case of a school with students in grade seven or higher, the student body president or other student in grade seven or higher elected by the student body in those grades;
(b) The principal shall arrange for such elections to be held prior to the fifteenth day of September of each school year to elect a council and shall give notice of the elections at least one week prior to the elections being held. To the extent practicable, all elections to select council members shall be held within the same week. Parents, teachers, and service personnel elected to the council shall serve a two-year term, and elections shall be arranged in such a manner that no more than two teachers, no more than two parents or legal guardians, and no more than one service person are elected in a given year. All other non-ex-officio members shall serve one-year terms. Council members may only be replaced upon death, resignation, failure to appear at three consecutive meetings of the council for which notice was given, or a change in personal circumstances so that the person is no longer representative of the class of members from which appointed. In the case of replacement, an election shall be held to elect another qualified person to serve the unexpired term of the person being replaced.
(c) As soon as practicable after the election of council members, and no later than the first day of October of each school year, the principal shall convene an organizational meeting of the school improvement council. The principal shall notify each member in writing at least two employment days in advance of the organizational meeting. At this meeting, the principal shall provide each member with a copy of the current applicable section of this code and any state board rule or regulation promulgated pursuant to the operation of these councils. The council shall elect from its membership a chair and two members to assist the chair in setting the agenda for each council meeting. The chair shall serve a term of one year and no person may serve as chair for more than two consecutive terms. If the chair's position becomes vacant for any reason, the principal shall call a meeting of the council to elect another qualified person to serve the unexpired term.
(d) Once elected, the chair is responsible for notifying each member of the school improvement council in writing two employment days in advance of any council meeting.
School improvement councils shall meet at least once every nine weeks or equivalent grading period at the call of the chair or by three fourths of its members.
(e) School improvement councils shall be considered for the receipt of school of excellence awards under section three of this article and competitive grant awards under section twenty- nine, article two of this chapter, and may receive and expend such grants for the purposes provided in such section.
In any and all matters which may fall within the scope of both the school improvement councils and the school curriculum teams authorized in section five of this article, the school curriculum teams shall be deemed to have jurisdiction.
In order to promote innovations and improvements in the environment for teaching and learning at the school, a school improvement council shall receive cooperation from the school in implementing policies and programs it may adopt to:
(1) Encourage the involvement of parents in their child's educational process and in the school;
(2) Encourage businesses to provide time for their employees who are parents to meet with teachers concerning their child's education;
(3) Encourage advice and suggestions from the business community;
(4) Encourage school volunteer programs and mentorship programs; and
(5) Foster utilization of the school facilities and grounds for public community activities.
(f) On or before the eighth day of June, one thousand nine hundred ninety-five, the local school improvement council at every school shall develop and deliver a report to the county- wide council on productive and safe schools, as defined in section forty-two, article five, chapter eighteen of this code, guidelines for the instruction and rehabilitation of pupils who have been excluded from the classroom, suspended from the school, or expelled from the school, including, but not limited to, the description and recommendation of in-school suspension programs and a description of possible alternative settings, schedules for instruction, and alternative education programs. The guidelines may also include the following:
(1) An expansion of the state board of education Policy 4373, Student Code of Conduct, for the school in which the council was established, that ensures the school's continuing or increasing productivity by and through the fostering and maintenance of a classroom environment that is free from disorderly conduct and that further ensures the school's continuing or increasing safety by and through the maintenance of classrooms, grounds and facilities that are free from threats or acts of violence and that are free of firearms and other deadly weapons: Provided, That the proposed policy shall be developed in accordance with the provisions of state law and the policies of the West Virginia board of education;
(2) An effective communication and coordination between the school and local emergency services agencies;
(3) Implementation of, and review of the operation of, the responsible students program devised by the West Virginia board of education and required to be adopted by the school in which the council is established pursuant to the provisions of subsection (e), section (1), article five, chapter eighteen-a of this code; and
(4) Implementation of, and review of the operation of, the peer mediation program or programs devised by the West Virginia board of education and required to be adopted by the school in which the council is established, pursuant to the provisions of subsection (e), section (1), article five, chapter eighteen-a of this code.
(g) Councils may adopt their own guidelines established under this section. In addition, the councils may adopt all or any part of the guidelines proposed by other local school improvement councils, as developed under this section, which are not inconsistent with the laws of this state, the policies of the West Virginia board of education or the policies of the county board of education.
(h) Councils may seek assistance from the state board of education for the development of the productive and safe school plans as needed.
CHAPTER 18A. SCHOOL PERSONNEL.
ARTICLE 5. AUTHORITY; RIGHTS; RESPONSIBILITY.

§18A-5-1. Authority of teachers and other school personnel; exclusion of pupils having infectious diseases; suspension or expulsion of disorderly pupils; corporal punishment abolished.

(a) The teacher shall stand in the place of the parent or guardian in exercising authority over the school, and shall have control of all pupils enrolled in the school from the time they reach the school until they have ~~returned to their respective homes~~ left the school grounds, except that where transportation of pupils is provided, the driver in charge of the school bus or other mode of transportation shall exercise such authority and control over the children while they are in transit to and from the school.
(b) Subject to the rules of the state board of education, the teacher shall exclude from the school any pupil or pupils known to have or suspected of having any infectious disease, or any pupil or pupils who have been exposed to such disease, and shall immediately notify the proper health officer, or medical inspector, of such exclusion. Any pupil so excluded shall not be readmitted to the school until such pupil has complied with all the requirements of the rules governing such cases, or has presented a certificate of health signed by the medical inspector or other proper health officer.
(c) The teacher shall have authority, to ~~suspend~~ immediately exclude from his or her classroom or school bus as the case may be any pupil who is guilty of disorderly~~, refractory, indecent or immoral~~ conduct, and the district board of education may expel or exclude any such pupil if, on investigation, the conduct of such pupil is found to be detrimental to the progress and the general conduct of the school ; or who in any manner interferes with an orderly educational process; or who in any manner threatens, abuses, or otherwise intimidates or attempts to intimidate a school employee or a pupil; or who willfully disobeys a school employee; or who uses abusive or foul language directed at a school employee. Any pupil who is so excluded shall be placed under the control of the principal of the school or a designee and the excluded pupil shall be admitted to the classroom, or school bus as the case may be, only upon the written certification of the principal of the school or a designee of the specific type of disciplinary action, if any, which was taken. A copy of said certification shall be provided to the teacher who excluded the pupil, upon or before the pupil's return to the classroom or school bus as the case may be. If the principal finds that disciplinary action is warranted, telephonic notice, if possible, proceeded by written notice of such action, shall be provided to the parent(s) or legal guardian(s). If in the course of a school year, a teacher has excluded the same pupil from his or her classroom for the third time, then the pupil may be readmitted to the teacher's classroom only after the teacher, principal, and, to the extent possible, the parent(s), guardian(s), or other custodian(s) of the pupil have held a conference to discuss the pupil's disruptive behavior patterns, and the teacher and the principal agree on a course of discipline for the pupil and inform the parent(s), guardian(s) or other custodian(s) of the course of action. Thereafter, if the pupil's disruptive behavior persists, upon the teacher's request, the principal may, to the extent feasible, transfer the pupil to another setting.
(d) Corporal punishment of any pupil by a school employee is prohibited.
(e) The West Virginia board of education and county boards of education shall adopt policies consistent with the provisions of this section encouraging the use of alternatives to corporal punishment, providing for the training of school personnel in alternatives to corporal punishment and for the involvement of parents and guardians in the maintenance of school discipline. The county boards of education shall provide for the immediate incorporation and implementation in the schools within the boards' respective counties of the responsible student program, which has been devised by the West Virginia board of education, except that such program may be modified to meet the particular needs or unique circumstances of a county's schools. The county boards of education shall further provide for the immediate incorporation and implementation in the schools within the boards' respective counties of the peer mediation program or programs for students, which has been devised by the West Virginia board of education, except that such program may be modified to meet the particular needs or unique circumstances of a county's schools.
(f) For the purpose of this section: (1) "Pupil" shall include any child, youth or adult who is enrolled in any instructional program or activity conducted under board authorization and within the facilities of or in connection with any program under public school direction: Provided, That in the case of adults the pupil-teacher relationship shall terminate when the pupil leaves the school or other place of instruction or activity; (2) "teacher" shall mean all professional educators as defined in section one, article one of this chapter and shall include the driver of a school bus or other mode of transportation.
(g) Teachers shall exercise such other authority and perform such other duties as may be prescribed for them by law or by the rules of the state board of education not inconsistent with the provisions of this chapter and chapter eighteen of this code.

§18A-5-1a. Possessing deadly weapons on premises of educational facilities; assaults by pupils upon teachers or other school personnel; temporary suspension, hearing; procedure, notice and formal hearing; extended suspension; expulsion; exception.

(a) ~~Any pupil who threatens to cause, attempts to cause, or causes a bodily injury to a school employee may be suspended or expelled from school in accordance with the provisions of this section.~~ A principal shall suspend a pupil from, and the county board of education for the county in which the principal's school is situated shall expel a pupil from, the school or from transportation to or from the school on any school bus if the pupil, in the determination of the principal, in the case of suspension, or in the determination of the county board of education, in the case of expulsion, has violated the provisions of section fifteen, article two, chapter sixty-one of this code or has violated the provisions of section eleven-a, article seven, chapter sixty-one of this code or has unlawfully possessed a controlled substance governed by the Uniform Controlled Substance Act as adopted in this state or has otherwise committed acts or engaged in conduct that would constitute a felony under the laws of this state if committed by, or engaged in, by an adult. A principal may suspend a pupil from, and the county board of education for the county in which the principal's school is situated may expel a pupil from, the school or transportation to or from the school on any school bus if the pupil, in the determination of the principal, in the case of suspension, or in the determination of the county board of education, in the case of expulsion, has threatened to injure, or has in any manner injured, a pupil, teacher, administrator or other school personnel; or is guilty or willful disobedience; or possesses tobacco or alcohol in the school building, or on school grounds, or on a school bus, or at any school-sponsored function; or uses foul or profane language directed at a school employee; or intentionally defaces any school property or school grounds; or participates in any fight while under the authority and supervision of school personnel; or has habitually violated school rules or policies. Principals shall exercise such other authority and perform such other duties with respect to discipline of pupils as may be prescribed by law or the rules of the state board of education to the extent the provisions of such law or rules are not inconsistent with the provisions of this chapter and chapter eighteen of this code.
(b) The actions of any pupil which may be grounds for his or her suspension or expulsion under the provisions of this section shall be reported immediately to the principal of the school in which such pupil is enrolled. If the principal determines that the alleged actions of the pupil would be grounds for suspension, he or she shall conduct an informal hearing for the pupil ~~as soon as practicable~~ immediately after the alleged actions have occurred. The hearing shall be held before the pupil is suspended unless the principal believes that the continued presence of the pupil in the school poses a continuing danger to persons or property or an ongoing threat of disrupting the academic process, in which case the pupil ~~may~~ shall be suspended immediately and a hearing held as soon as practicable after the suspension.
The pupil and his parent(s) ~~or parents~~ or custodial guardian(s), as the case may be, shall be given telephonic notice, if possible, confirmed with written notice by certified mail, return receipt requested, of this informal hearing, which notice shall briefly state the grounds for suspension.
At the commencement of the informal hearing, the principal shall inquire of the pupil as to whether he admits or denies the charges. If the pupil does not admit the charges, he shall be given an explanation of the evidence possessed by the principal and an opportunity to present his version of the occurrence. At the conclusion of the hearing or upon the failure of the noticed persons to appear, the principal may suspend the pupil for a maximum of ten school days, including the time prior to such hearing, if any, for which the pupil has been excluded from school. If the principal believes, or the provisions of this section dictate, that a longer suspension or expulsion of the pupil is warranted in addition to a ten-day suspension, ~~he shall so advise the parents and pupil, if present, and~~ the principal shall recommend such action to the superintendent of schools of the county in which the school where the pupil is enrolled is located.
(c) Any suspension shall be reported by the principal the same day it has been decided upon, in writing, to the county superintendent of schools of the county in which the school where the pupil is enrolled is located and to the faculty senate of the school at the next meeting after the said suspension.
(d) If the principal recommends and the superintendent agrees that the suspension of the pupil should, or under the provisions of this section must, be extended for beyond ten school days or that the pupil should, or under the provisions of this section must, be expelled from school, the superintendent shall immediately notify the county board of education of this recommendation. Upon receipt of such recommendation, the county board of education shall cause a written notice, which states the charges and the recommended disposition, to be served upon the pupil and his parent(s) ~~or parents~~ or custodial guardian(s), as the case may be.~~, advising such persons that unless a timely request is made for hearing, the recommended disposition shall become final~~ Such notice shall set forth a date and time at which such hearing, ~~if requested,~~ shall be held, which date shall be within the ten-day period of suspension imposed by the principal. The notice shall further advise the persons to be noticed thereby that a request for hearing will not be granted unless received by the board more than twenty-four hours before the time proposed for hearing in the notice.
~~Upon timely receipt of a hearing request,~~ The board of education shall hold the scheduled hearing to determine if the pupil should be reinstated or should, or under the provisions of this section must, have his suspension extended or should, or under the provisions of this section must, be expelled from school. At this hearing, the pupil may be represented by counsel, may call his own witnesses to verify his version of the incident and may confront and cross-examine witnesses supporting the charge against him. The hearing shall be recorded by mechanical means. The hearing may be postponed for good cause shown by the pupil but he shall remain under suspension until after the hearing. The state board of education may adopt other supplementary rules of procedure to be followed in these hearings. At the conclusion of the hearing the county board of education either shall order the pupil reinstated immediately or at the end of his initial suspension or shall suspend the pupil for a further designated number of days or shall expel the pupil from the public schools of such county. ~~for a period of time not to exceed one school year~~
(e) Pupils may be expelled pursuant to the provisions of this section for a period not to exceed one school year, except that, if a pupil is determined to have violated the provisions of section eleven-a, article seven, chapter sixty-one of this code, or if a pupil is determined to have violated the provisions of section fifteen, article two, chapter sixty-one of this code, the pupil shall be expelled for a period of not less than twelve consecutive months: Provided, That the county superintendent may lessen the mandatory period of twelve consecutive months for the expulsion of the pupil if the circumstances of the pupil's case demonstrably warrant. Upon the lessening of the mandatory period of expulsion the county superintendent shall direct the county board of education to prepare a written statement setting forth the circumstances of the pupil's case which were demonstrated and which warranted the lessening of the mandatory period of expulsion and the statement shall be submitted to the principal, the faculty senate, and the local school improvement council for the school from which the pupil was expelled.
~~(e)~~ (f) Notwithstanding the preceding provisions of this section, if a pupil has prior to the actions complained of being classified as or is eligible to be classified as ~~an exceptional~~ a disabled child, ~~other than gifted~~, under the provisions of section one, article twenty, chapter eighteen of this code, special consideration shall be given to such pupil as hereinafter provided.
In any hearing held pursuant to this section, a pupil, his parent or custodial guardian may show an explanation of the actions complained of that such actions were the proximate result of a condition which has qualified or would qualify the pupil for a special educational program other than gifted. If the principal or board finds that such actions were the proximate result of such a condition, the pupil shall not be suspended or expelled pursuant to this section but the pupil shall be forthwith referred to the appropriate personnel within the county school system for development of an individual learning program: ~~Provided,~~ That such pupil may be temporarily removed from school according to procedures employed by the school system for special education pupils if, in the opinion of the principal, such removal is necessary for his or her own protection or the protection of other pupils, teachers, school personnel or school property during all or some part of the time required to prepare such individual learning program. A disabled child may not be suspended or expelled for conduct that is the proximate result of the child's disability: Provided, that a disabled child may be temporarily removed from school for his or her own protection, the protection of school personnel, or the protection of other pupils. A disabled child may not be temporarily removed, suspended or expelled for a period of time in excess of three consecutive school days or ten cumulative school days during a school year, except that a disabled child who has committed a violation involving the possession of a firearm or other deadly weapon as defined in section two, article seven, chapter sixty- one of this code, on the school premises or at a school-sponsored function may be placed in an alternative educational setting by the individualized education program committee, as described in section one, article twenty, chapter eighteen of this code, for a period of not more than forty-five days. During this time period, the parent(s) or guardian(s) may request a hearing to contest the change of placement. If the disabled child has committed a violation involving the possession of a firearm, the disabled child shall remain in the alternative placement pending the hearing. However, if the disabled child committed a violation involving the possession of a deadly weapon, other than a firearm, the disabled child shall remain in the original placement pending the requested hearing unless the county board of education and the parent(s) or guardian(s) otherwise agree.
~~(f)~~ (g) In all hearings under this section, facts shall be found by a preponderance of the evidence.
(g) For the purpose of this section, "school employee" means a person employed by a county board of education whether employed on a regular full-time basis, an hourly basis or otherwise if, at the time of the commission of an act which would be grounds for suspension or expulsion under this section, such person is engaged in the performance of his duties or is commuting to or from his place of employment. For the purposes of this section, a "school employee" shall be deemed to include a student teacher.
(h) The remedies provided for in this section are cumulative.
(h) For purposes of this section, "deadly weapon" means an instrument which is designed to be used to produce serious bodily injury or death, or is readily adaptable to such use; The term "deadly weapon" shall include, but is not limited to the following, as defined in section two, article seven, chapter sixty-one of this code: blackjack, gravity knife, knife, switchblade knife, nunchuka, metallic or false knuckles, pistol, revolver, or other deadly weapons of like kind or character which may be easily concealed on or about the person.
(i) For purposes of this section, nothing herein shall be construed to be in conflict with the federal provisions of the Individuals with Disabilities Education Act of 1990 (PL 101-476).

CHAPTER 61. CRIMES AND THEIR PUNISHMENT.
ARTICLE 7. DANGEROUS WEAPONS.

§61-7-11a. Possessing deadly weapons on premises of educational facilities; reports by school principals; suspension of driver license; possessing deadly weapons on premises housing courts of law and in offices of family law master.

(a) The Legislature hereby finds that the safety and welfare of the citizens of this state are inextricably dependent upon assurances of safety for children in attending, and the persons employed by, schools in this state and for those persons employed with the judicial department of this state. It is for the purpose of providing such assurances of safety, therefore, that subsections (b), (g) and (h) of this section is are enacted as a reasonable regulation of the manner in which citizens may exercise those rights accorded to them pursuant to section twenty-two, article three of the Constitution of the state of West Virginia.
(b)(1) It shall be unlawful for any person to possess any firearm or any other deadly weapon on any school bus as defined in section one, article one, chapter seventeen-a of this code, or in or on any public or private primary or secondary education building, structure, facility or grounds thereof, including any vocational education building, structure, facility or grounds thereof where secondary vocational education programs are conducted or at any school-sponsored function.
(2) This subsection shall not apply to:
(A) A law-enforcement officer acting in his or her official capacity;
(B) A person specifically authorized by the board of education of the county or principal of the school where the property is located to conduct programs with valid educational purposes; or
(C) A person who, as otherwise permitted by the provisions of this article, possesses an unloaded firearm or deadly weapon in a motor vehicle, or leaves an unloaded firearm or deadly weapon in a locked motor vehicle.
(3) Any person violating this subsection shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not more than one thousand dollars, or shall be confined in jail not more than one year, or both.
(c) (1) It shall be unlawful for any person to possess any firearm or any other deadly weapon with the intent to commit a crime on any school bus or in or on any public or private primary or secondary education building, structure, facility or grounds thereof, including any vocational education building, structure, facility or grounds thereof where secondary vocational education programs are conducted.
~~(2)~~(3) Any person violating this subsection shall be guilty of a felony, and, upon conviction thereof, shall be imprisoned in the penitentiary of this state for a definite term of years of not less than two years nor more than ten years, or fined not more than five thousand dollars, or both.
~~(d)~~ (c) It shall be the duty of the principal of each school subject to the authority of the state board of education to report any violation of subsections (b) ~~or (c)~~ of this section discovered by such principal to the state superintendent of schools within seventy-two hours after such violation occurs. The state board of education shall keep and maintain such reports and may prescribe rules establishing policy and procedures for the making and delivery of the same as required by this subsection. In addition, it shall be the duty of the principal of each school subject to the authority of the state board of education to report any violation of subsection (b) ~~or (c)~~ of this section discovered by such principal to the appropriate local office of the division of public safety within seventy-two hours after such violation occurs.
~~(e)~~ (d) In addition to the methods of disposition provided by article five, chapter forty-nine of this code, any court which adjudicates a person who is fourteen years of age or older as delinquent for a violation of subsection (b) ~~or (c)~~ of this section may, in its discretion, order the division of motor vehicles to suspend any driver's license or instruction permit issued to such person for such period of time as the court may deem appropriate, such suspension, however, not to extend beyond such person's nineteenth birthday; or, where such person has not been issued a driver's license or instruction permit by this state, order the division of motor vehicles to deny such person's application for the same for such period of time as the court may deem appropriate, such denial, however, not to extend beyond such person's nineteenth birthday. Any suspension ordered by the court pursuant to this subsection shall be effective upon the date of entry of such order. Where the court orders the suspension of a driver's license or instruction permit pursuant to this subsection, the court shall confiscate any driver's license or instruction permit in the adjudicated person's possession and forward the same to the division of motor vehicles.
~~(f)~~ (e) (1) If a person eighteen years of age or older is convicted of violating subsection (b) ~~or (c)~~ of this section, and if such person does not act to appeal such conviction within the time periods described in subdivision (2) of this subsection, such person's license or privilege to operate a motor vehicle in this state shall be revoked in accordance with the provisions of this section.
(2) The clerk of the court in which the person is convicted as described in subdivision (1) of this subsection shall forward to the commissioner a transcript of the judgment of conviction. If the conviction is the judgment of a magistrate court, the magistrate court clerk shall forward such transcript when the person convicted has not requested an appeal within twenty days of the sentencing for such conviction. If the conviction is the judgment of a circuit court, the circuit clerk shall forward such transcript when the person convicted has not filed a notice of intent to file a petition for appeal or writ of error within thirty days after the judgment was entered.
(3) If, upon examination of the transcript of the judgment of conviction, the commissioner shall determine that the person was convicted as described in subdivision (1) of this subsection, the commissioner shall make and enter an order revoking such person's license or privilege to operate a motor vehicle in this state for a period of one year, or, in the event the person is a student enrolled in a secondary school, for a period of one year or until the person's twentieth birthday, whichever is the greater period. The order shall contain the reasons for the revocation and the revocation period. The order of suspension shall advise the person that because of the receipt of the court's transcript, a presumption exists that the person named in the order of suspension is the same person named in the transcript. The commissioner may grant an administrative hearing which substantially complies with the requirements of the provisions of section two, article five-a, chapter seventeen-c of this code upon a preliminary showing that a possibility exists that the person named in the notice of conviction is not the same person whose license is being suspended. Such request for hearing shall be made within ten days after receipt of a copy of the order of suspension. The sole purpose of this hearing shall be for the person requesting the hearing to present evidence that he or she is not the person named in the notice. In the event the commissioner grants an administrative hearing, the commissioner shall stay the license suspension pending the commissioner's order resulting from the hearing.
(4) For the purposes of this subsection, a person is convicted when such person enters a plea of guilty or is found guilty by a court or jury.
~~(g)~~ (f) (1) It shall be unlawful for any parent, custodian or other legal guardian of a person less than eighteen years of age who knows that said person is in violation of subsection (b) ~~or (c)~~ of this section, or who has reasonable cause to believe that said person's violation of said subsection is imminent, to fail to immediately report such knowledge or belief to the appropriate school or law-enforcement officials.
(2) Any person violating this subsection shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not more than one thousand dollars, or shall be confined in jail not more than one year, or both.
~~(h)~~ (g) (1) It shall be unlawful for any person to possess any firearm or any other deadly weapon on any premises which houses a court of law or in the offices of a family law master.
(2) This subsection shall not apply to:
(A) A law-enforcement officer acting in his or her official capacity; and
(B) A person exempted from the provisions of this subsection by order of record entered by a court with jurisdiction over such premises or offices.
(3) Any person violating this subsection shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not more than one thousand dollars, or shall be confined in jail not more than one year, or both.
~~(i)~~ (h) (1) It shall be unlawful for any person to possess any firearm or any other deadly weapon on any premises which houses a court of law or in the offices of a family law master with the intent to commit a crime.
(2) Any person violating this subsection shall be guilty of a felony, and, upon conviction thereof, shall be imprisoned in the penitentiary of this state for a definite term of years of not less than two years nor more than ten years, or fined not more than five thousand dollars, or both.
(i) Nothing in this section shall be construed to be in conflict with the provisions of federal law.