H. B. 2249
(By Delegates Yeager, Proudfoot, Burke,
Haskins and Tillis)
[Introduced January 25, 1995; referred to the
Committee on Education then the Judiciary.]
A BILL to amend chapter eighteen-a of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, by adding
thereto a new article, designated article eight; and to
amend and reenact section eleven-a, article seven, chapter
sixty-one of said code; all relating to possession of
weapons at school; disruptive or unlawful behavior at
school; reporting violent acts committed by students; making
and filing reports of arrests, charges and convictions of
students; responsibility of parents; grant program to combat
violence; alternative schooling; student discipline policy;
expulsion and suspension of students; penalties; criminal
penalties.
Be it enacted by the Legislature of West Virginia:
That chapter eighteen-a of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, be amended by
adding thereto a new article, designated article eight; and that section eleven-a, article seven, chapter sixty-one of said code
be amended and reenacted, all to read as follows:
CHAPTER 18A. SCHOOL PERSONNEL.
ARTICLE 8. WEAPONS; VIOLENCE; DRUGS; DISRUPTIONS.
§18A-8-1. Legislative purpose and intent.
The purpose of this article is to provide a procedure to
ensure that the public schools of West Virginia are free of
weapons, violence, drugs and chronic disruptions. It is the
intent of this legislature to ensure that public schools are safe
havens where educators can educate and students can learn without
fear or distraction.
§18A-8-2. Definitions.
For the purpose of this article:
(a) "Educational property" means any public school building
or bus, public school campus, grounds, recreational area or
athletic field, or other property owned, used or operated by the
state department of education or any county board of education
during a school related activity: Provided, That the term
"educational property" shall not include any land on which is not
located a school building, school campus, recreational area or
athletic field.
(b) "Expulsion" means the removal of a student from school
and all school related activities unless and until the county
board of education votes to readmit the student.
(c) "Student" means a person enrolled in a public school or
a person who has been suspended or expelled within the last five
years from a public school, whether the person is an adult or a
minor.
(d) "Suspension" means the removal of a student from school
and all school related activities for a specific number of days,
which shall be established at the time of removal.
(e) "Switchblade knife" means a knife containing a blade or
blades which open automatically by the release of a spring or a
similar contrivance.
(f) "Unlawful activity" on educational property means any of
the following:
(1) Possession or use of a weapon, as defined in this
section;
(2) Possession, sale or use of any controlled substance or
alcohol;
(3) Assault or battery upon any school employee;
(4) Sexual assault;
(5) Sexual abuse;
(6) Murder or attempted murder;
(7) Any act that constitutes a substantial danger to another
student or school employee; and
(8) Any other violent act as defined in this code.
(g) "Weapon" means any firearm of any kind, dynamite cartridge, bomb, grenade, mine or powerful explosive, BB gun, air
rifle, air pistol, bowie knife, dirk, dagger, slingshot, leaded
cane, switchblade knife, blackjack, metallic knuckles, razor or
razor blade, except solely for personal shaving, or any
sharp-pointed or edged instrument except instructional supplies,
unaltered nail files and clips and tools used solely for
preparation of food, instruction and maintenance on educational
property.
§18A-8-3. Reporting of violence.
(a) Any teacher or other school employee who has knowledge
of any unlawful activity or violent act which occurred, may have
occurred or may occur on educational property or during a school
related activity shall report the activity or act to the
principal of the school who shall notify the appropriate
law-enforcement officials as required by this section.
(b) A report shall be made whenever any enrolled student in
any school or educational institution in this state supported, in
whole or in part, by public funds is arrested for, charged with
or convicted of any crime or is convicted of any crime charged
against him or her after the arrest and before trial. A report
shall be made by the law-enforcement agency of which the
arresting officer is a member, the magistrate and any circuit
judge or court before whom the student is tried. Each report
shall be sent to the superintendent of the school district and the principal of the school or institution in which the student
is enrolled and to the state superintendent of schools.
If any charge against the enrolled student is dismissed or
not processed, or if at trial the enrolled student is either
convicted or acquitted of the charge or charges, the conviction
or acquittal shall be reported to the district superintendent,
the principal and to the state superintendent of schools.
The report shall be made within one week after the arrest of
the student and within one week after any charge placed against
him or her is dismissed or not processed, and within one week
after the student pleads guilty, is convicted or is acquitted by
trial upon any charge placed against him or her. This section
does not apply to ordinary traffic violations.
(c) When a principal has a reasonable belief that an act has
occurred on educational property or during a school related
activity involving assault, battery, any sexual offense,
kidnapping, indecent liberties with a minor, the use of a weapon
or possession of a firearm, weapon, controlled substance or
alcohol the principal shall immediately report the act to the
appropriate law-enforcement agency. The state board of education
shall prescribe a form for making reports required under this
subsection. Any principal who fails to make a report required by
this section shall be subject to the penalties provided in
section three-a of this article.
(d) The law-enforcement agency shall immediately dispatch an
officer to the school. The officer may arrest any student if
probable cause exists.
(e) Any superintendent, principal, teacher or other school
personnel who participates in making a required report pursuant
to this section or who participates in any judicial proceeding
resulting therefrom shall be presumed to be acting in good faith.
Any person reporting in good faith shall be immune from any civil
liability that might otherwise be incurred or imposed.
(f) Any report required by this section shall contain the
student's full name and address; the place, date and time of
arrest; a brief statement of the charge or charges; any other
charges placed against the student after the arrest but before
the report is made; the disposition of the charges; whether the
student was released on bail and, if so, the amount of bail; and
the school or educational institution in which the student is
enrolled. If the report is made after the student's trial it
shall contain all of the foregoing information and, in addition,
a brief statement of the charge or charges upon which the student
was tried; whether the student was acquitted or convicted; the
sentence ordered; whether any appeal has been taken; whether the
student was admitted to bail either before or after trial; the
amount of bail; and the name of each surety upon the bail bond.
(g) Any such report shall be preserved by each recipient thereof and a copy retained by the law-enforcement agency, and in
the office of any magistrate or circuit clerk, as the case may
be, which made the report.
(h) The principal of each public school shall make a report
of every unlawful act or act of violence to the faculty senate of
the school at the first meeting of the faculty senate following
the commission of the act.
§18A-8-3a. Penalty for failure to file a report.
Any person required by this article to make or file a report
who willfully fails, refuses or neglects to make or file the
report is guilty of a misdemeanor, and, upon conviction thereof,
shall be fined not more than one thousand dollars or confined in
the county or regional jail not more than six months, or both.
§18A-8-3b. Interagency reporting.
(a) In the event a child is removed from his or her home and
placed under the custody of the department of health and human
resources, the department shall immediately notify the board of
education of the county in which the student is enrolled.
(b) Information concerning an investigation into a report of
child abuse or child neglect may be disclosed by the department
of health and human resources without order of the court to any
agent of a county board of education in which the student is
enrolled.
(c) When any student is expelled from school the department of health and human resources shall be notified of the expulsion
and the circumstances relating to the expulsion.
§18A-8-4. Responsibilities of parent, guardian or
custodian;
penalties.
(a) Any parent, guardian or custodian who knowingly suffers
or permits any minor to have, own or carry concealed, in whole or
in part, any weapon in violation of a prohibition, is guilty of
a misdemeanor, and, upon conviction thereof, shall be fined not
more than one thousand dollars and shall be confined in the
county or regional jail not more than six months.
(b) Any parent, guardian or custodian who threatens or
attempts to cause, or causes bodily injury to a school employee
is guilty of a misdemeanor, and, upon conviction thereof, shall
be fined not more than one thousand dollars and shall be confined
in the county or regional jail not more than six months.
§18A-8-5. Center for prevention of school violence; violence
prevention grant program.
(a) The state department of education is authorized to
maintain a center for prevention of school violence which shall
be a statewide information clearinghouse. The center shall
operate a statewide toll-free incoming telephone service for the
purpose of reporting suspected cases of school violence and
providing technical assistance to public school officials and
parents who are combating school violence.
(b) There is hereby established within the state department
of education a school violence prevention grant program,
available to all eligible public school districts, to assist in
financing programs to fight school violence.
(c) Subject to the extent of appropriations available, the
school violence prevention grant program shall offer any of the
following specific preventive services, and other additional
services appropriate to school violence prevention:
(1) Metal detectors;
(2) Video surveillance cameras and monitoring equipment for
classrooms, school buildings and school buses;
(3) Crisis management/action teams to respond to school
violence; and
(4) Violence prevention training, conflict resolution
training and other appropriate training designated by the state
department of education for faculty and staff.
(d) Each local school district of this state may annually
apply for school violence prevention grant funds subject to
appropriations by the Legislature. In order to be eligible for
the grant, the local school board shall apply to the state
department of education before the beginning of the applicable
fiscal year on forms provided by the department, and shall be
required to establish a local school violence task force to
involve members of the community in the school violence prevention effort. The state department of education shall
determine by the first day of July, of each year, which local
school districts have submitted approved applications for school
violence prevention grants.
§18A-8-6. Alternative schooling.
(a) Beginning with the school year 1995-1996, the school
board of each school district shall establish, maintain and
operate, in connection with the regular programs of the school
district, an alternative school program or homebound instruction
for, but not limited to, the following categories of
compulsory-school-age students:
(1) Any compulsory-school-age child who has been suspended
or expelled from school, except for any student expelled for
possession of a weapon or other felonious conduct;
(2) Any compulsory-school-age child referred to the
alternative schooling based upon a documented need for placement
in the alternative school program by the parent, legal guardian
or custodian of the child due to disciplinary problems; and
(3) Any compulsory-school-age child referred to the
alternative school program by the dispositive order of a juvenile
court judge, with the consent of the principal of the child's
school.
(b) The principal of any alternative school program shall
require verification from the appropriate guidance counselor of any child referred to the alternative school program regarding
the suitability of the child for attendance at the alternative
school program.
(c) A school district may provide a program of general
educational development (GED) preparatory instruction in the
alternative school program: Provided, That any GED preparation
program offered in an alternative school program shall satisfy
the minimum guidelines established for such programs by the state
board of education.
(d) Any alternative school program operated under the
authority of this section shall meet all appropriate
accreditation requirements of the state department of education.
(e) The alternative school program may be held within the
school district or may be operated by two or more adjacent school
districts or regional educational service agency (RESA), pursuant
to a contract approved by the state board of education. When two
or more school districts contract to operate an alternative
school program, the school board of a district designated to be
the lead district shall serve as the governing board of the
alternative school program. Transportation for students
attending the alternative school program shall be the
responsibility of the local school district. The expense of
establishing, maintaining and operating the alternative school
program may be paid from funds contributed or otherwise made available to the school district for that purpose or from local
district maintenance funds.
(f) The state board of education shall promulgate minimum
guidelines for alternative school programs by the first day of
July, one thousand nine hundred ninety-five. The minimum
guidelines shall require, at a minimum: (1) The formulation of
an individual instruction plan for each student referred to the
alternative school program; and (2) upon a determination that it
is in a student's best interest for that student to receive
general educational development (GED) preparatory instruction,
that the local school board assign the student to a GED
preparatory program designed for the specific purpose of
preparing students to successfully write the GED test and earn a
certificate equivalent to the high school diploma.
(g) Any compulsory-school-age child who becomes involved in
any unlawful act or violent behavior shall be removed from the
alternative school program and, if probable cause exists, the
case shall be referred to the appropriate law-enforcement agency.
§18A-8-7. County discipline policies; penalties.
(a) Each county board of education shall develop and
maintain a student discipline policy. A copy of each county
board of education's discipline policy shall be distributed to
each student enrolled in the district and the parents, guardian
or custodian of the student shall sign a statement verifying that they have been given notice of the discipline policies of their
respective school district. The school board shall have its
official discipline policy legally audited on an annual basis to
insure that its policies and procedures are currently in
compliance with applicable statutes, case law and state and
federal constitutional provisions.
(b) All discipline policies of school districts shall
include, but not be limited to, the following:
(1) A parent, guardian or custodian of a
compulsory-school-age child enrolled in a public school district
shall be responsible financially for his or her minor child's
destructive acts against school property or persons;
(2) A parent, guardian or custodian of a
compulsory-school-age child enrolled in a public school district
may be requested to appear at school by an appropriate school
official for a conference regarding acts of the child specified
in subdivision (1) of this subsection;
(3) A parent, guardian or custodian of a
compulsory-school-age child enrolled in a school district who has
been summoned by proper notification by an appropriate school
official shall be required under this provision to attend such
discipline conference specified in subdivision (2) of this
subsection; and
(4) A parent, guardian or custodian of a compulsory-school-age child enrolled in a public school district
shall be responsible for any criminal fines brought against the
student for unlawful activity occurring on educational property
as defined in section two of this article.
(c) Any parent, guardian or custodian of a
compulsory-school-age child subject to the provisions of this
section who refuses or willfully fails to perform any of the
duties imposed upon him or her under the provisions of this
section is guilty of a misdemeanor, and, upon conviction, thereof
shall be fined not more than three thousand five hundred dollars.
(d) Any public school district shall be entitled to recover
damages in an amount not more than twenty thousand dollars, plus
necessary court costs, from the parents of any minor over the age
of six, who maliciously and willfully damages or destroys
property belonging to the school district: Provided, That this
section does not apply to parents whose parental control of the
child has been removed by court order or decree. The action
authorized in this section shall be in addition to all other
actions which the school district is entitled to maintain and
nothing in this section may preclude recovery in a greater amount
from the minor or from a person, including the parents, for
damages to which the minor or other person would otherwise be
liable.
(e) Any parent, guardian or custodian of a compulsory-school-age child who fails to attend a conference to
which the parent, guardian or custodian has been summoned is
guilty of a misdemeanor, and, upon conviction thereof, shall be
fined not more than two hundred fifty dollars.
§18A-8-8. Mandatory expulsion and suspension; enrollment.
(a) Any student found guilty of any of the following shall
be expelled from school for one year in accordance with the
procedures set forth in sections one and one-a, article five of
this chapter:
(1) Possession of a weapon as defined in section two of this
article;
(2) Possession or use of a controlled substance or alcohol;
(3) An act of violence against a school employee or other
student;
(4) Any other unlawful activity as defined in section two of
this article; or
(5) Commission of a third suspendible offense in the same
school year.
(b) Any student found guilty of any of the following shall
be suspended from school for a minimum of ten days in accordance
with procedures set forth in sections one and one-a, article five
of this chapter:
(1) Verbal abuse of any school personnel;
(2) A physical altercation with another student; or
(3) Chronic disruption of class.
(c) When any child applies for admission or enrollment in
any public school in the state, the parent, guardian or child, in
the absence of an accompanying parent or guardian, shall indicate
on the school registration form if the child has been expelled
from any public or private school or is currently a party to an
expulsion proceeding. If it is determined from the child's
cumulative record or application for admission or enrollment that
the child has been expelled, the school district shall deny the
student admission and enrollment until the superintendent of the
school or his or her designee reviews the child's cumulative
record and determines that the child has participated in
successful rehabilitative efforts including, but not limited to,
progress in an alternative school or similar program. If the
child is a party to an expulsion proceeding, the child may be
admitted to a public school pending final disposition of the
expulsion proceeding. If the expulsion proceeding results in the
expulsion of the child, the public school may revoke the
admission to the school. If the child was expelled or is a party
to an expulsion proceeding for any act involving violence,
weapons, alcohol, illegal drugs or other activity that may result
in expulsion, the school district may not be required to grant
admission or enrollment to the child before one calendar year
after the date of the expulsion.
CHAPTER 61. CRIMES AND THEIR PUNISHMENT.
ARTICLE 7. DANGEROUS WEAPONS.
§61-7-11a. Possessing weapons on premises of educational
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(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 school 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 subsection (b) of this section is enacted
as a reasonable regulation of the manner in which citizens may
exercise those rights accorded to them pursuant to section
twenty-two, article III 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 It is a felony for any person to possess or carry,
whether openly or concealed, any firearm of any kind, or any
dynamite cartridge, bomb, grenade, mine or powerful explosive on
educational property. Any person who violates this subsection is
guilty of a felony, and, upon conviction thereof, shall be fined
not more than five thousand dollars, or committed to the custody
of the state department of corrections for not more than three years, or both.
(c) It is a felony for any person to cause, encourage or aid
a minor to possess or carry, whether openly or concealed, any
firearm of any kind, or any dynamite cartridge, bomb, grenade,
mine or powerful explosive on educational property. Any person
who violates this subsection is guilty of a felony, and, upon
conviction thereof, shall be fined not more than five thousand
dollars, or committed to the custody of the state department of
corrections for not more than three years, or both.
(d) It is a misdemeanor for any person to possess or carry,
whether openly or concealed, any BB gun, air rifle, air pistol,
bowie knife, dirk, dagger, slingshot, leaded cane, switchblade
knife, blackjack, metallic knuckles, razor or razor blade, except
solely for personal shaving, or any sharp-pointed or edged
instrument except instructional supplies, unaltered nail files
and clips and tools used solely for preparation of food,
instruction and maintenance on educational property. Any person
who violates this subsection is guilty of a misdemeanor, and,
upon conviction thereof, shall be fined not more than one
thousand dollars, or confined in the county or regional jail not
more than six months, or both.
(e) It is a misdemeanor for any person to cause, encourage
or aid a minor to possess or carry, whether opened or concealed,
any BB gun, air rifle, air pistol, bowie knife, dirk, dagger, slingshot, leaded cane, switchblade knife, blackjack, metallic
knuckles, razor or razor blade, except solely for personal
shaving, or any sharp-pointed or edged instrument except
instructional supplies, unaltered nail files and clips and tools
used solely for preparation of food, instruction and maintenance
on educational property. Any person who violates this subsection
is guilty of a misdemeanor, and, upon conviction thereof, shall
be fined not more than one thousand dollars, or confined in the
county or regional jail not more than six months, or both.
(2) This subsection shall does not apply to:
(A) (1) A law-enforcement officer acting in his or her
official capacity;
(B) (2) 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) (3) 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) 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) It shall be 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 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) (f) 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: (1) The division of motor
vehicles to suspend any driver's license or instruction permit
issued to such person for such the period of time as the court
may deem appropriate: such suspension, however, Provided, That
the suspension may not to extend beyond such the person's
nineteenth birthday; or, (2) where such the person has not been
issued a driver's license or instruction permit by this state,
order the division of motor vehicles to deny such the person's
application for the same license or permit for such period of
time as the court may deem appropriate: such denial, however,
Provided, however, That the denial may not to extend beyond such
the person's nineteenth birthday. Any suspension ordered by the
court pursuant to this subsection shall be effective upon the
date of entry of such the 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 it to the division of motor vehicles.
(f) (g) (1) If a person eighteen years of age or older is
convicted of violating subsection (b) or (c) of this section, and
if such the person does not act to appeal such the conviction
within the time periods described in subdivision (2) of this
section, such the 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 the transcript when the
person convicted has not requested an appeal within twenty days
of the sentencing for such the conviction. If the conviction is
the judgment of a circuit court, the circuit clerk shall forward
such the 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 determines that
the person was convicted as described in subdivision (1) of this
subsection, the commissioner shall make and enter an order
revoking such the 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 purpose of this subsection, a person is
convicted when such the person enters a plea of guilty or is
found guilty by a court or jury.
(g) (h) (1) It shall be unlawful for any parent, custodian
or other legal guardian of a person less than eighteen years of
age minor who knows that said person the minor is in violation of
subsection (b) or (c) of this section, or who has reasonable
cause to believe that said person's the minor's violation of said
the subsection is imminent, to fail to report such knowledge or
belief to the appropriate school or law-enforcement officials.
(2) Any person violating who violates this subsection shall
be is 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) (i) (1) It shall be unlawful for any person to possess
any firearm or any other deadly weapon on any premises which
houses house a court of law or in the offices of a family law
master.
(2) This subsection shall does 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 who violates this subsection shall
be is 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) (j) (1) It shall be unlawful for any person to possess
any firearm or any other deadly weapon on any premises which
houses house a court of law or in the offices of a family law
master with the intent to commit a crime.
(2) Any person violating who violates this subsection shall
be is 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.
NOTE: The purpose of this bill is to provide penalties for
students or other persons who engage in unlawful or disruptive
behavior on school property or at school functions. This bill
includes criminal penalties.
Article eight is new; therefore, strike-throughs and
underscoring have been omitted.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.