all) of the days to the following school term.
There are two basic requirements prior to the suspension. First, the
student must be given an “opportunity” to appear at an informal hearing
before the administrator issuing the suspension in order to challenge the
reason for the suspension.
Second, if the suspension is for a reason that could lead to permanent
exclusion from school and if the student is at least 16 years old, the
written notice of suspension must contain a statement that the
superintendent may seek to have the student permanently excluded if
the pupil is convicted of or adjudicated a delinquent child for that
particular violation. (Please see
Exclusion from School, Student
above.)
The two requirements noted immediately above apparently do not apply
to an in-school suspension.
A board of education may by a majority vote of its full membership or by
the action of its designee, affirm the order of suspension or expulsion or
may reinstate such pupil or otherwise reverse, vacate, or modify the
order of suspension or expulsion. Law provides that an expulsion may
carry over the end of a semester and may last for up to 80 days and that
an expulsion or suspension may extend into following school year.
Public service in lieu of suspension or expulsion is also permitted.
A superintendent is authorized to expel a student for one year for
bringing a firearm onto school property or to a school activity (including
extra-curricular activities), even if held on other than school property.
The board policy may also authorize the superintendent to expel a
student for up to one year for bringing a knife onto school-controlled
property or to a school activity or for possessing a knife or firearm
brought on school-controlled property or to a school activity by another
person.
The Board may also adopt a policy authorizing the Superintendent to
expel for up to one year a student making a bomb threat to a school or to
any premise at which a school activity is occurring at the time of the
threat.
The superintendent may reduce the expulsion if the policy provides
reasons for which the superintendent may reduce the expulsion.
The board also may, by policy, grant assistant principals “and other
administrators” the authority to suspend for up to 10 days. The board
also may grant, by policy, the authority for the superintendent to expel for
up to one year a student who commits a criminal offense and who
causes serious physical harm to persons or property. Again, the act by
the student could have been committed on school property or at a
school activity not held on school property. Any expulsions will still be
implemented even if the student seeks to withdraw from school before
the implementation of the expulsion. Other school districts may deny
admission to a student during the period of suspension or expulsion.
Suspension, expulsion, and permanent exclusion also may be
authorized by a board for misconduct directed at a district official or
employee (or the property of such official or employee) if the misconduct
is “connected” to activities or incidents that occurred on school-controlled
property.
A board also may adopt a policy authorizing the superintendent, other