An Act to Establish Freedom From Violence in America's Schools. Designed for introduction in state legislatures and the United States Congress.
The Educator's Bill of Rights declares all public schools to be Violence-Free Zones and establishes a one-strike policy: any student who commits an act of physical violence against any person on school grounds is removed from school for one calendar year. The bill includes robust due process protections, alternative education requirements, and a clear pathway to re-enrollment.
The model legislation contains seven articles covering definitions, removal standards, due process, alternative education, educator protections, funding, and federal provisions.
"Act of Physical Violence" means any intentional act involving the use of physical force against another person that causes or is intended to cause bodily harm. This includes striking, hitting, punching, kicking, choking, biting, and throwing objects. It explicitly excludes incidental physical contact during normal school activities and acts of reasonable self-defense.
All public schools are declared Violence-Free Zones. Any student who commits an act of physical violence is removed for one calendar year. This is mandatory and applies regardless of age, grade level, or special education classification. Parents and students receive written notice at the start of every school year.
Within five school days of removal, students receive a hearing before a three-member Violence Review Panel. The panel includes an administrator from a different school, an educator representative, and a community member. Students may present evidence, call witnesses, and bring legal counsel. Appeals may be filed within ten business days.
Removed students are placed in alternative education settings within ten school days. These settings provide standards-aligned instruction, behavioral intervention services, and all IEP services for students with disabilities. After one year, students may re-enroll upon completing behavioral intervention programs and signing a behavioral contract.
Educators cannot be retaliated against for reporting violence. Physical and psychological injuries from student violence are presumed compensable under workers' compensation. Educators have the right to use reasonable self-defense. Schools must report violence data quarterly and publicly.
Establishes the Violence-Free Schools Fund to reimburse districts for alternative education costs. Districts that fail to remove violent students face fines of not less than $10,000 per violation. Administrators who retaliate against educators face license suspension or revocation.
Creates a federal incentive grant program for states that adopt the legislation. Extends the Gun-Free Schools Act framework to cover all physical violence. Clarifies that IDEA does not prevent removal for physical violence when education continues in alternative settings. Authorizes $100 million in first-year appropriations.
Failed zero-tolerance policies covered everything from tardiness to dress codes. The Educator's Bill of Rights covers one thing: physical violence. It requires due process hearings, provides alternative education, and includes a defined pathway back to regular school. Three critical differences set it apart:
Only physical violence triggers removal. Not defiance, not dress code, not talking back. An objective, clear-cut standard.
Independent panel hearing, right to evidence and witnesses, right to legal counsel, and right to appeal. Every student gets their day.
One-year removal with alternative education, behavioral intervention, and a defined re-enrollment process. Not expulsion — a detour with a destination.