Disrupting Operation of Public School, School Bus, or School Bus Stop; Penalty; Progressive Discipline

  1. Law
  2. Georgia Code
  3. Education
  4. Elementary and Secondary Education
  5. Loitering at or Disrupting Schools
  6. Disrupting Operation of Public School, School Bus, or School Bus Stop; Penalty; Progressive Discipline

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  1. It shall be unlawful for any person to knowingly, intentionally, or recklessly disrupt or interfere with the operation of any public school, public school bus, or public school bus stop as designated by local boards of education. Except as provided in subsection (b) of this Code section, a person convicted of violating this Code section shall be guilty of a misdemeanor of a high and aggravated nature.
    1. As used in this subsection, the term "complaint" shall have the same meaning as set forth in Code Section 15-11-2.
    2. A local board of education shall develop a system of progressive discipline that may be imposed on a child accused of violating this Code section before initiating a complaint.
    3. When a complaint is filed involving a violation of this Code section by a child not included in paragraph (4) of this subsection, it shall include information showing that the local board of education sought to:
      1. Resolve the expressed problem through available educational approaches; and
      2. Engage the child's parent, guardian, or legal custodian to resolve the expressed problem and that such individual has been unable or unwilling to resolve the expressed problem, that the expressed problem remains, and that court intervention is necessary.
    4. When a complaint is filed involving a violation of this Code section by a child who is eligible for or suspected to be eligible for services under the federal Individuals with Disabilities Education Act or Section 504 of the federal Rehabilitation Act of 1973, it shall include information showing that the local board of education:
      1. Has determined that such child is eligible or suspected to be eligible for services under the federal Individuals with Disabilities Education Act or Section 504 of the federal Rehabilitation Act of 1973;
      2. Has reviewed for appropriateness such child's current Individualized Education Program (IEP) and placement and has made modifications where appropriate;
      3. Sought to resolve the expressed problem through available educational approaches; and
      4. Sought to engage the child's parent, guardian, or legal custodian to resolve the expressed problem and that such individual has been unable or unwilling to resolve the expressed problem, that the expressed problem remains, and that court intervention is necessary.

(Ga. L. 1976, p. 480, § 1; Ga. L. 1994, p. 1012, § 6; Ga. L. 2004, p. 621, § 4; Ga. L. 2010, p. 516, § 3/SB 250; Ga. L. 2016, p. 443, § 3-2/SB 367.)

The 2016 amendment, effective July 1, 2016, designated the existing provisions as subsection (a); substituted "boards of education. Except as provided in subsection (b) of this Code section, a person convicted of" for "school boards of education. Any person" in subsection (a); and added subsection (b).

Editor's notes.

- Ga. L. 1994, p. 1012, § 1, not codified by the General Assembly, provides that the Act shall be known and may be cited as the "School Safety and Juvenile Justice Reform Act of 1994."

Ga. L. 1994, p. 1012, § 2, not codified by the General Assembly, sets forth legislative findings and determinations for the "School Safety and Juvenile Justice Reform Act of 1994."

Ga. L. 1994, p. 1012, § 29, not codified by the General Assembly, provides for severability.

Ga. L. 1994, p. 1012, § 30, not codified by the General Assembly, provides that the Act shall apply to all offenses committed on or after May 1, 1994.

Ga. L. 2004, p. 621, § 9(b), not codified by the General Assembly, provides that the amendment by that Act shall apply to offenses committed on or after July 1, 2004.

Ga. L. 2010, p. 516, § 1/SB 250, not codified by the General Assembly, provides: "It is the intent of the General Assembly that the model policy regarding bullying that is required to be promulgated by the Department of Education under this Act shall be utilized as a resource for the benefit of local school systems and shall not be used as a definition of the exclusive applicable standard of care in any civil or administrative action."

Ga. L. 2010, p. 516, § 4/SB 250, not codified by the General Assembly, provides that the amendment of this Code section shall apply with respect to conduct on or after May 27, 2010, and conduct prior to that date shall continue to be governed by prior law.

U.S. Code.

- Section 504 of the federal Rehabilitation Act of 1973, referred to in this Code section, is codified at 29 U.S.C. § 794.

The Individuals with Disabilities Education Act, referred to in this Code section, is codified at 20 U.S.C. § 1400 et seq.

OPINIONS OF THE ATTORNEY GENERAL

Fingerprinting not required.

- Offense arising from a violation of O.C.G.A. § 20-2-1181 does not appear to be an offense for which fingerprinting is required. 2010 Op. Att'y Gen. No. 10-6.

RESEARCH REFERENCES

Am. Jur. 2d.

- 75 Am. Jur. 2d, Trespass, § 168 et seq.

ALR.

- Participation of student in demonstration on or near campus as warranting expulsion or suspension from school or college, 32 A.L.R.3d 864.


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