SENATE AMENDMENT
    Bill No. CS for SB 2-D
    Amendment No. ___   Barcode 915764
                            CHAMBER ACTION
              Senate                               House
                                   .                    
                                   .                    
 1                                 .                    
                                   .                    
 2                                 .                    
                                   .                    
 3                                 .                    
                                   .                    
 4  ______________________________________________________________
 5  
 6  
 7  
 8  
 9  
10  ______________________________________________________________
11  Senator Latvala moved the following amendment:
12  
13         Senate Amendment 
14         On page 178, between lines 26 and 27,
15  
16  insert:  
17         (d)  Student equivalent of Miranda rights.--Before a
18  student who is subject to discipline under this subsection
19  answers any questions, the student must be told that he or she
20  is the subject of an investigation that may lead to
21  suspension, reassignment, or expulsion. The student must be
22  told that what he or she says can be held against him or her
23  and that he or she is entitled to have his or her parent or an
24  attorney present. The student must also be informed of
25  possible consequences before the student is asked to answer
26  any questions.
27         (e)  Student right of due process.--Before a decision
28  is made to discipline a student, the student must receive
29  written notice of the charges and the evidence against him or
30  her so that the student has an opportunity to defend himself
31  or herself prior to any punishment being rendered. If
                                  1
    10:01 AM   04/03/02                            s0002Dc1b-19j03


                                                  SENATE AMENDMENT
    Bill No. CS for SB 2-D
    Amendment No. ___   Barcode 915764
 1  reassignment or expulsion is recommended, the student must be
 2  allowed to file an appeal to a school official who was not
 3  involved in the discipline decision. The student must also be
 4  allowed to appeal to the district school board a disciplinary
 5  reassignment.
 6         (f)  Denial of graduation prohibited.--Graduation is
 7  the culmination of a student's career in grades K through 12
 8  and may not be used as a punishment. A student may not be
 9  denied the right to participate in graduation exercises with
10  his or her classmates unless the student has failed to
11  complete the requirements for a diploma or unless the student
12  is a threat to himself or herself or other students. A student
13  must be allowed to appeal to the district school board any
14  decision to deny the student the right to participate in
15  graduation exercises.
16  
17  
18  
19  
20  
21  
22  
23  
24  
25  
26  
27  
28  
29  
30  
31  
                                  2
    10:01 AM   04/03/02                            s0002Dc1b-19j03