20-2-1181. Disrupting operation of public school, school bus, or school bus stop; penalty; progressive discipline.

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. For purposes of this Code section, an individual who knowingly, intentionally, or recklessly threatened, whether verbally, in writing, or otherwise, the death of or serious injury to a group of individuals who are, or will likely be, at or within a public school, public school bus, or public school bus stop, shall be considered to have disrupted or interfered with the operation of such public school, public school bus, or public school bus stop. 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. (1)

   As used in this subsection, the term “complaint” shall have the same meaning as set forth in Code Section 15-11-2.#

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. Such system of progressive discipline shall include a requirement that when there is a credible accusation that an individual threatened, whether verbally, in writing, or otherwise, the death of or serious injury to a group of individuals, pursuant to subsection (a) of this Code section, who are, or will likely be, at or within a public school that such individual attends, or has attended, the school shall be authorized to temporarily assign such individual to remote learning and provide counseling to such individual and shall initiate an investigation into such violation. Upon completion of such investigation which results in substantive findings related to such violation, the school may elect to reinstate the individual or impose relevant discipline.#

3. (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. (A)

      Resolve the expressed problem through available educational approaches; and#

   2. (B)

      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. (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. (A)

      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. (B)

      Has reviewed for appropriateness such child’s current Individualized Education Program (IEP) and placement and has made modifications where appropriate;#

   3. (C)

      Sought to resolve the expressed problem through available educational approaches; and#

   4. (D)

      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.#