(a) Whoever, under circumstances not amounting to an assault in the first or second degree assaults a principal, assistant principal, superintendent, assistant superintendent, counselor, teacher, substitute teacher, paraprofessional, aide or monitor of the Department of Education, or program manager or director of education programs in a career academy, alternative education institution, or other educational institution, in the lawful discharge of the duties of such person’s office, if it was known or declared to the defendant that the person assaulted was an employee of the Department of Education or other career, or educational institution, discharging an official duty, shall be fined not less than $2,000 and not more than $10,000, or imprisoned not more than 10 years, or both.
(b) This subsection does not apply to students enrolled in any program in which the Department of Education is involved, unless the program is an adult education program and the student is eighteen years of age or older.