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(3) When If an action is brought in any county court or a circuit court which, in the opinion of the judge thereof, falls within the jurisdiction of the family court, he the judge may transfer the action thereto upon his the judge's own motion or the motion of any party.

(4) If a child sixteen years of age or older is charged with an offense which if committed by an adult would be a misdemeanor, or a Class E or F felony as defined in Section 16-1-20, or a felony which provides for a maximum term of imprisonment of ten years or less if committed by an adult and if the court, after full investigation, deems considers it contrary to the best interest of such the child or of the public to retain jurisdiction, the court may, in its discretion, acting as committing magistrate, may bind over such the child for proper criminal proceedings to any a court which would have trial jurisdiction of such the offense if committed by an adult.

(5) If a child fourteen or fifteen years of age who has two prior and unrelated adjudications of assault, assault and battery with intent to kill, assault and battery of a high and aggravated nature, arson, housebreaking,

(6) Within thirty days after the filing of a petition in the family court alleging the child has committed the offense of murder or criminal sexual conduct, the person executing the petition may request in writing that the case be transferred to the court of general sessions with a view to proceeding against the child as a criminal rather than as a child coming within the purview of this article. The judge of the family court is authorized to determine this request. If the request is denied, the petitioner may appeal within five days to the circuit court. Upon the hearing of the appeal, the judge of the circuit court is vested with the discretion of exercising and asserting the jurisdiction of the court of general sessions or of relinquishing jurisdiction to the family court. If the circuit judge elects to exercise the jurisdiction of the general sessions court for trial of the case, he the judge shall issue an order to that effect, and then the family court has no further jurisdiction in the matter.

(7) Once the family court relinquishes its jurisdiction over the child and the child is bound over to be treated as an adult, the provisions of Section 20-7-780 dealing with the confidentiality of identity and fingerprints will is not be applicable.

(8) When jurisdiction is relinquished by the family court in favor of another court, the court shall have has full authority and power to grant bail, hold a preliminary hearing, and any other powers as now provided by law for magistrates in such these cases.

(9) If a child fifteen fourteen years of age or older is charged with a violation of Section 16-23-430(1), Section 16-23-20, assault and battery of a high and aggravated nature, or Section 44-53-445, the court may, after full investigation and hearing, if it considers it contrary to the best interest of the child or the public to retain jurisdiction, acting as committing magistrate, may bind over the child for proper criminal proceedings to a court which would have trial jurisdiction of the offenses offense if committed by an adult."

"(F) When the authorized representative of the Department of Juvenile Justice determines that placement of a juvenile outside the home is necessary, he the representative shall make a diligent effort to place the child in an approved home, program, or facility, other than a secure juvenile detention facility, when these alternatives are appropriate and available. A child is eligible for detention in a secure juvenile detention facility only if the child:

(1) is charged with a violent crime as defined in Section 16-1-60;

(2) is charged with a crime which, if committed by an adult, would be a felony other than a violent crime, and the child:

(a) is already detained or on probation or conditional release in connection with another delinquency proceeding;

(b) has a demonstrable recent record of wilful failures to appear at court proceedings;

(c) has a demonstrable recent record of violent conduct resulting in physical injury to others; or

(d) has a demonstrable recent record of adjudications for other felonies crimes; and:

(i) there is clear and convincing evidence to establish a risk of flight, or serious harm to others; or

(ii) the instant offense involved the use of a firearm;

(3) is a fugitive from another jurisdiction;

(4) requests protection in writing under circumstances that present an immediate threat of serious physical injury. A child who meets the criteria provided in this subsection is eligible for detention. Detention is not mandatory for a child meeting the criteria if that child can be supervised adequately at home or in a less secure setting or program.;

(5) had in his possession a deadly weapon;

(6) has a demonstrable recent record of wilful failure to comply with prior placement orders including, but not limited to, a house arrest order.

(H) If the authorized representative of the Department of Juvenile Justice has not released the child to the custody of his the child's parents or other responsible adult, the court shall hold a detention hearing within twenty-four hours from the time the child was taken into custody, excluding Saturdays, Sundays, and holidays. At this hearing, the authorized representative of the department shall submit to the court a report stating the facts surrounding the case and a recommendation as to the child's continued detention pending the adjudicatory and dispositional hearings. The court shall appoint counsel for the child if none is retained.

SECTION 10. Section 20-7-1330(c), as last amended by Act 615 of 1988, is further amended to read:

"(c) commit the child to the custody or to the guardianship of a public or private institution or agency authorized to care for children or to place them in family homes or under the guardianship of a suitable person. Commitment must be for an indeterminate period but in no event beyond the child's twenty-first birthday. However, if the child has been adjudicated delinquent for committing a violent offense as defined in Section 16-1-60, the court, in conjunction with the indeterminate sentence, may commit the juvenile to a public or private institution for a determinate period not to exceed two years and during the determinate period the child must not be released;"

SECTION 11. Section 24-19-10(d) of the 1976 Code is amended to read:

"(d) `Youthful offender' means all male and female offenders an offender who are is under seventeen years of age and has been bound over for proper criminal proceedings to the court of general sessions pursuant to Section 20-7-430, who is sixteen years of age and has been charged with a Class A, B, C, or D felony as defined in Section 16-1-20 or a felony which provides for a maximum term of imprisonment of fifteen

SECTION 12. Section 59-63-32 of the 1976 Code, as added by Act 163 of 1991, is amended by adding at the end:

"(G) Before a child may be enrolled in a public school of this State, the adult seeking to enroll the child must provide the school with information so that the school may obtain the child's permanent record from the child's previous school. The previous school must comply with the request, and both schools must keep the record confidential as provided by law. For purposes of this subsection, `previous school' includes special schools, such as those operated by the Department of Juvenile Justice, and `permanent record' means transcripts, attendance records, and disciplinary records."

SECTION 13. Section 59-63-210 is amended to read:

"Section 59-63-210. (A) Any A district board of trustees may authorize or order the expulsion, suspension, or transfer of any a pupil for a commission of any a crime, gross immorality, gross behavior, or persistent disobedience, or for violation of written rules and regulations established by the district board, county board, or the State Board of Education, or when the presence of the pupil is detrimental to the best interest of the school.

(B) A district board of trustees, after a hearing held in accordance with Section 59-63-240, must expel for a period of time which is at least the remainder of the school year a pupil who is convicted, pleads guilty or nolo contendere, or is adjudicated delinquent for having committed the offense of:

(1) murder (Section 16-3-10);

(2) criminal sexual conduct in the first degree (Section 16-3-652);

(3) criminal sexual conduct in the second degree (Section 16-3-653);

(4) criminal sexual conduct with a minor (Section 16-3-655);

(5) assault with intent to commit criminal sexual conduct (Section 16-3-656);

(6) assault and battery with intent to kill (Section 16-3-620); (7) kidnapping (Section 16-3-910);

(8) voluntary manslaughter (Section 16-3-50);

(9) armed robbery (Section 16-11-330);

(10) drug trafficking as defined in Section 44-53-370(e);

(11) arson in the first degree (Section 16-11-110(A);

(12) burglary in the first degree (Section 16-11-311);and

(C) Every An expelled pupil shall have has the right to petition for readmission for the succeeding school year.

(D) Expulsion or suspension shall must be construed to prohibit a pupil from entering the school, or school grounds, except for a prearranged conference with an administrator, attending any day or night a school functions function, or riding a school bus.

(E) The provisions of this This section shall does not preclude enrollment and attendance in any an adult, or night school, or alternative educational program."

SECTION 14. Title 59 of the 1976 Code is amended by adding:

Section 59-66-10. (A) Schools must keep disciplinary records for students. These disciplinary records must contain clear anecdotal evidence and show action taken by and with the cooperation of schools to address problem behavior. In addition, the disciplinary records must show action taken by the school to report to law enforcement when required by Section 59-24-60 and must contain information provided to the school pursuant to Sections 20-7-3300 and 20-7-600. A student's disciplinary record must follow the student through school.

(B) The principal may use information contained in a student's disciplinary record for monitoring and supervisory purposes, but any parts of the disciplinary record which are required to be kept confidential by other provisions of law must be maintained in a manner to ensure the confidentiality of those parts. The State Board of Education, through the State Department of Education and in consultation with the Office of the Attorney General, the Department of Juvenile Justice, and the State Law Enforcement Division, must promulgate regulations to ensure confidentiality as required by law.

Section 59-66-20. (A) The General Assembly annually shall provide funds in the general appropriations act to be awarded to school districts which choose to employ safety coordinators in accordance with this section. State funds may be awarded for not more than one safety coordinator for each county. The amount of the award for a county for fiscal year 1995-96 may not exceed twenty-five thousand dollars, except for counties which are designated as economically distressed pursuant to Section 41-43-180. Economically distressed counties participating in the

(B) An award of state funds to school districts under this program is contingent upon a district or group of districts jointly matching the state grant with an equal amount of funds and in kind contributions; however, school districts located primarily within an economically distressed county are not required to match any portion of the state grant. Additionally, funds only may be awarded where the duties of the safety coordinator relate exclusively to school and district safety functions. It is the intent of the General Assembly that the safety coordinator have a strong background in law enforcement, safety matters, or coordination of relevant services.

(C) If a county consists of more than one school district, any or all school districts within the county may apply jointly for funds for a safety coordinator. Each participating school district must provide a portion of the local matching funds based upon the relationship the district's student membership bears to the total student membership of all participating districts within the county. Nonparticipating school districts in multi-district counties may begin participation in the program by contributing to the local match in the same manner as those school districts originally participating in the program.

(D) When more than one school district in a multi-district county is provided funds under this section, the safety coordinator must be an employee of the school district with the largest student membership during the immediately preceding school year, unless the participating school districts have a memorandum of agreement providing otherwise; however, the safety coordinator must provide services to all participating school districts.

(E) For purposes of this section, `student membership' means the cumulative one hundred thirty-five day average daily membership during the immediately preceding school year.

(F) The State Board of Education, through the State Department of Education, shall develop and implement regulations establishing the safety coordinator grant program.

Section 59-66-30. (A) Using funds appropriated by the General Assembly, each public middle, junior high, and high school in the State must be equipped with one hand-held metal detector.

(B) In consultation and cooperation with the Office of the Attorney General and the State Law Enforcement Division, the State Department of

(C) The State Board of Education, through the State Department of Education, shall promulgate regulations to implement this section.

Section 59-66-40. (A) Before January 16, 1996, the State Board of Education, through the State Department of Education, shall promulgate regulations establishing additional minimum requirements for planning and construction of public school facilities. The regulations shall require public school facilities to be constructed, located, and equipped so as to facilitate prevention of and intervention in violent incidents. The regulations must contain appropriate provisions for new construction, renovations, remodelings, expansions, and relocatable classroom buildings. The State Board of Education may establish minimum expenditure levels which must be met before the regulations are applicable.

(B) On and after the effective date of the regulations, any new construction, renovation, remodeling, expansion, or relocatable classroom building, governed by the regulations, may not be occupied until the State Superintendent of Education or the state superintendent's agent approves the facility. The school district is responsible for requesting approval and submitting the necessary documents to the State Superintendent of Education or the state superintendent's agent.

(C) A school district may request a waiver from part or all of the regulations, and the State Board of Education may grant a waiver if the regulations impose an unreasonable or undue hardship upon the district.

Section 59-66-50. (A) Before July 1, 1996, the State Board of Education, through the State Department of Education, shall select, develop, modify or cause to be developed or modified curriculum for teaching peaceful conflict resolution and nonviolent living to students in all grades of the public schools of this State. The curriculum shall incorporate and concentrate upon:

(1) trust building and team building including strategies for building productive, cooperative relationships;

(2) learning to work in groups;

(3) effective communication skills;

(4) peaceful problem solving techniques;

(5) collaborative decision making techniques;

(6) negotiation and mediation techniques;

(7) positive approaches to behavior management.

(B) In addition to the requirements contained in subsection (A), the curriculum must be:

(1) appropriate to the students' age and grade;

(3) flexible so as to be incorporated within the existing school day and year and so that the needs of the diverse classrooms across the State are met;

(4) designed to address the need for training of all school officials, and;

(5) designed to reach outside the school and encourage supportive actions in the home and community including use of the curriculum by public and private service providers, organizations, groups, institutions, and agencies with their clients or members.

(C) Beginning with the 1996-97 school year, the State Board of Education, through the State Department of Education, shall cause the curriculum to be taught to all students in all grades of the public schools of this State. A parent or guardian may elect for their child or ward not to participate in the curriculum by signing a written document making the election. The form of the written document must be prescribed by regulation of the State Board of Education.

(D) Funds for the development or selection and implementation of the curriculum must be provided by the General Assembly.

Section 59-66-60. (A) The State Board of Education, through the State Department of Education, shall cause alternative educational programs for students who are serious threats to the safety and security of the regular school program to be developed and pilot tested in school years 1995-96, 1996-97, and 1997-98.

In selecting the pilot programs, the State Board of Education, through the State Department of Education, shall ensure representation of the various geographic regions of the State, urban and rural settings, various size student populations, various socio-economic populations, and areas with different incidences of juvenile crime. The number of pilot test sites may be expanded each year, if adequate funds are provided and expansion does not compromise supervision and evaluation of the pilot tests.

For purposes of this subsection, `students who are serious threats to the safety and security of the regular school program' means students who have severe disciplinary problems as documented by school disciplinary records and students who have been charged with or adjudicated delinquent for the commission of a violent crime as defined in Section 16-1-60, for a violation of Section 16-23-430, for a crime in which an illegal weapon was used, or for distribution or trafficking in unlawful drugs as defined in Article 3, Chapter 53, Title 44.

(C) Before December 1, 1995, the State Board of Education, through the State Department of Education, shall establish procedures for evaluating the pilot programs. The evaluation procedure must include the collection of data and allow the process to be evaluated and, to the extent possible, it must measure the effectiveness of the pilot programs. The State Board of Education shall cause an independent evaluation of the pilot programs to be conducted and presented to the General Assembly at the conclusion of the three years of pilot testing.

(D) Based upon the evaluation required by subsection (C), the State Board of Education, through the State Department of Education, shall cause successful alternative educational programs to be implemented for all school districts. Statewide implementation of the programs must be phased in over three years beginning with school year 1998-99. The programs must be undertaken on a multi-district or multi-county basis.

(E) Throughout the phase in to statewide implementation, the State Board of Education, through the State Department of Education, shall continue to cause the programs to be evaluated and indicated refinements made.

(F) The General Assembly must appropriate funds for the planning, development, pilot testing, evaluation, and statewide implementation of this section.

(G) The State Board of Education or the governing body of a pilot test site may use a portion of its allocation of funds for the purchase of technical assistance during pilot testing.

(H) The State Board of Education, through the State Department of Education, is required to explore ways of redirecting or expanding financial support for part or all of the alternative educational program with other than state funds. Strategies to maximize the probability of federal or foundation funding or both must be used.

(I) The State Board of Education, through the State Department of Education, shall promulgate regulations whereby state and local funds generated under the Education Finance Act for a student must be used to defray the cost of the student's alternative educational program. The regulations may specify a minimum period of time a student must be served in an alternative educational program before the regulations apply

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