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fees, as well as any textbooks or materials that have been provided to
the expelled student.
EXPULSION,
STUDENT
Each board of education shall adopt a policy and a code regarding
suspension, expulsion and removal specifying the types of misconduct
for which a pupil may be suspended, expelled or removed; a copy must
be posted “in a central location in the school” and available on request.
The policy should include the date and manner by which the
superintendent’s expulsion order can be appealed, but the date must be
within 14 days (or more, as specified in the board’s policy) from the first
day of the notice of the expulsion.
A board of education may adopt a policy authorizing the superintendent
to expel a student for up to a year (with the balance of the expulsion
carrying into the next year) for any of the following offenses:
Possessing a firearm or knife or bringing a knife or firearm to a
school operated by the board, onto any other property owned
or controlled by the board, to an extracurricular activity, or to
any other school program or activity;
Committing an act that would be a criminal offense if committed
by an adult and causing serious physical harm to persons or
property while the student is at a school operated by the board,
on any other property owned or controlled by the board, at an
extracurricular activity, or at any other school program or
activity; and
Making a bomb threat to a school or to any other premises at
which a school activity is occurring at the same time.
A board’s policy may also authorize the superintendent to reduce any of
the above expulsions if the policy identifies reasons by which the
superintendent may reduce the expulsion.
However, it does not appear that any board policy is necessary for the
superintendent to expel a student for up to a year for bringing a firearm
to a school operated by the board, onto any other property owned or
controlled by the board, to an extracurricular activity, or to any other
school program or activity. Still, the superintendent may also reduce
the length of the expulsion provided that the board’s policy on
expulsions has identified the reasons by which the superintendent may
reduce the number of days for the expulsion.
If a student should withdraw between the time of the alleged committing
of the act leading to expulsion and the expulsion hearing or the decision
to impose the expulsion, the superintendent can still impose the
expulsion as if the student had never withdrawn.
Notice of a student’s suspension or expulsion must be provided in
writing within one school day to the student (if aged 18 or older) or to
the parent, guardian, or custodian of the student. While any appeal
hearing may be held in executive session, the board must act in public
session to affirm, reverse, vacate, or modify the expulsion.
The letter of expulsion must also contain the time and date of the
hearing, which must be held not earlier than three nor longer than five
school days from the date of the letter of expulsion.
Any expulsion for a period of more than 20 days must include the
names of programs or services offered by public or private agencies
that will address the attitudes and behaviors that gave rise to the
3313.66
3313.661