Professional Report

fees, as well as any textbooks or materials that have been provided to the expelled student.

EXPULSION, STUDENT

3313.66

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

3313.661