Chapter 302A — Chapter 302A

§302A-1004 Educational accountability system; annual reports. (a) The department shall implement a comprehensive system of educational accountability to motivate and support the improved performance of students and the education system. Data shall be reported as required by this …

PART I. GENERAL PROVISIONS A. Miscellaneous §302A-101 Definitions. As used in this chapter, the following terms have the following meanings unless the context indicates otherwise: "Air conditioning" means any mechanical device that cools or heats air. "Attend" or "attendance" mea…

§302A-102 Smoking prohibited. All public schools within the State, from kindergarten through grade twelve, shall prohibit the use of tobacco at public schools or at public school functions. [L 2004, c 87, §2; am L 2014, c 232, §7]

C. Organization §302A-1101 Department of education; board of education; superintendent of education. (a) There shall be a principal executive department to be known as the department of education, which shall be headed by a policy-making board to be known as the board of educatio…

§302A-1102 Department of education; statewide administrative services. The department shall serve as the central support system responsible for the overall administration of statewide educational policy, interpretation, and development of standards for compliance with state and f…

§302A-1104 REPEALED. L 2012, c 133, §54.

§§302A-1105 and 302A-1106 REPEALED. L 2011, c 5, §§18, 19.

§302A-1106.5 Board of education; community meetings. The board shall hold not less than one community meeting annually in each county in addition to their regular meetings to discuss and receive input from the community on public education and public library issues. The board cha…

§§302A-1107 to 302A-1109 REPEALED. L 1996, c 160, §§1 to 3.

§302A-1110 Educational districts not applicable. The educational districts established by section 4-1 shall not be applicable to, nor alter, the school districts established for administrative purposes by the department. [L 1996, c 89, pt of §2; am L 2011, c 5, §16]

§302A-1111 Duties of superintendent. (a) Under policies established by the board, the superintendent shall be designated as the chief executive officer of the public school system having jurisdiction over the internal organization, operation, and management of the public school s…

§302A-1114 Power of appointment, removal. The department, from time to time, may appoint and remove such teachers, educational officers, and other personnel as may be necessary for carrying out the purposes of sections 302A-201, 302A-401 to 302A-410, 302A-1001 to 302A-1004, 302A-…

§302A-1115 REPEALED. L 2007, c 41, §2.

§302A-1121 REPEALED. L 1997, c 144, §15.

§302A-1124 Mandate to initiate school community councils. (a) The department, through the board and its superintendent, shall establish a school community council system under which each public school, excluding charter schools, shall create and maintain a school community counci…

§302A-1125 Educational objectives. The board shall formulate policy and exercise control as may be necessary to define a common set of educational goals that the schools shall be responsible for fulfilling. The board shall also be responsible for formulating standards for measuri…

§302A-1126 Waiver of policy, rule, or procedures. Any state agency that may be required to act under state law on a matter affecting an individual school or its school community, shall waive otherwise applicable policies, rules, or procedures when requested to do so by a school c…

§302A-1127 REPEALED. L 2012, c 133, §55.

§302A-1128 Department powers and duties. The department shall have entire charge and control and be responsible for the conduct of all affairs pertaining to public instruction in the public schools the department establishes and operates, including operating and maintaining the c…

§302A-1130 Public schools special fees and charges. (a) The department may assess and collect special fees and charges from students for co-curricular activities. (b) Special fees and charges collected from students for co-curricular activities shall be deposited into insured che…

§302A-1130.5 REPEALED. L 2012, c 133, §56.

§302A-1130.6 Curricular materials fee special account. There is established within the department a curricular materials fee special account, into which shall be deposited all fees and charges collected from students or their parents or guardians for the loss, destruction, breaka…

§302A-1131 REPEALED. L 2004, c 219, §3.

§302A-1132 Attendance compulsory; exceptions. (a) Unless excluded from school or excepted from attendance, all children who will have arrived at the age of at least five years on or before July 31 of the school year, and who will not have arrived at the age of eighteen years, by …

§302A-1133.5 Parent and guardian accountability for compliance with student code of conduct. (a) The department shall inform all parents and guardians of the student code of conduct and of their responsibilities with respect to ensuring that their children comply with the code. T…

§302A-1134 Exclusion from school. (a) If for any reason a child becomes a detriment to the morals or discipline of any school, the child may be precluded from attending school by the principal, with the approval of the complex area superintendent; provided that this section shall…

§302A-1134.5 REPEALED. L 2000, c 274, §3.

§302A-1134.6 Zero tolerance policy. (a) Any child who possesses, sells, or uses a dangerous weapon or switchblade knife, while attending school or while attending department-supervised activities held on or off school property, may be excluded from attending school for up to nine…

§302A-1141 Punishment of pupils limited. No physical punishment of any kind may be inflicted upon any pupil, except as provided for under sections 302A-1141.4 and 703-309(2). [L 1996, c 89, pt of §2; am L 2014, c 206, §3]

§302A-1142 REPEALED. L 2012, c 133, §57.

§302A-1143 Attending school in what service area. A person of school age shall be required to attend the school of the service area, as determined by the department, in which the person resides, unless:

§302A-1144 REPEALED. L 2012, c 133, §58.

§302A-1146 REPEALED. L 2012, c 133, §59.

§302A-1148 Use of school facilities and grounds. (a) All public school buildings, facilities, and grounds shall be available for general recreational purposes, and for public and community use, whenever these activities do not interfere with the normal and usual activities of the…

§302A-1149.5 After-school plus program revolving fund. (a) There is established in the state treasury the after-school plus program, hereinafter A+, revolving fund to be administered by the department. (b) The A+ revolving fund shall consist of fees collected by the department fo…

§302A-1150 REPEALED. L 2012, c 133, §60.

§302A-1151 Sale of school lands unnecessary for school purposes. The chairperson of the board of land and natural resources is hereby requested, upon the recommendation and approval of the superintendent, to sell any state lands, including the buildings thereon, once used but no …

§302A-1151.5 Use of vacant public school facilities. (a) When the department considers whether to close any particular public school, it shall simultaneously give reasonable consideration to making all or portions of the facilities of the public school available to charter school…

§302A-1153 Vandalism damage to public school property. (a) Any pupil found to be responsible for an act of vandalism against any public school, building, facility, or ground shall make restitution in any manner, including monetary restitution by the pupil or pupil's parents, or g…

§302A-1154 Immunization upon attending school; tuberculosis clearance. (a) No child shall attend any school in the State unless the child presents to the appropriate school official documentation satisfactory to the department of health that the child has received immunizations a…

§302A-1155 Provisional attendance at school. (a) A child may attend school provisionally upon submitting written documentation from a licensed physician, physician assistant, advanced practice registered nurse, or an authorized representative of the department of health stating t…

§302A-1156 Exemptions. A child may be exempted from the required immunizations:

§302A-1158 Immunization of indigent children. The department of health shall provide all immunizations and tuberculin tests to comply with sections 302A-1154 to 302A-1163, as far as public funds will permit, to each child whose parents, guardians, or custodians cannot afford to h…

§302A-1159 Physical examination required. (a) No child shall attend any school for the first time in the State unless the child presents to the appropriate school official a report from a licensed physician, physician assistant, or advanced practice registered nurse of the result…

§302A-1160 Student's health record. The department of education shall provide student health record forms for immunization and physical examination to the schools, private physicians, advanced practice registered nurses, and authorized personnel of the department of health. [L 19…

§302A-1161 Notification for noncompliance. If a child does not complete the immunizations required under section 302A‑1154 or the physical examination required under section 302A-1159 within the period provided by section 302A-1155 after provisional attendance at school, the admi…

§302A-1162 Rules. (a) The department of health shall adopt rules under chapter 91 relating to immunization, physical examination, and tuberculin testing under sections 302A-1154 to 302A-1163. Immunizations required, and the manner and frequency of their administration, shall conf…

§302A-1164 Self-administration of medication by student and emergency administration; self-testing and self-management of diabetes by student; assistance with diabetes testing; blood glucose monitoring by student; assistance with blood glucose monitoring; permitted. (a) The depar…

§302A-1165 Standardized assessment for students entering kindergarten. (a) The board of education shall adopt a kindergarten entry assessment, and the department of education shall administer the kindergarten entry assessment. (b) The kindergarten entry assessment shall: (c) Info…

§302A-1166 Prior early learning programs attendance disclosure. (a) At least one parent or guardian of each child entering kindergarten shall disclose to the department the name of, address of, and duration of attendance at the early learning program that the child attended durin…