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1997 SESSION

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SB 1161 Pupil suspensions and expulsions.

Introduced by: Jane H. Woods | all patrons    ...    notes | add to my profiles

SUMMARY:

Pupil suspensions and expulsions. Allows school boards to adopt regulations eliminating the right to appeal to the local school board suspensions of ten days or less and instead allowing final decisions in these cases to rest with the division superintendent or his designee. In addition, school boards may adopt regulations removing the requirement that school boards conduct a hearing for appeals of decisions to exclude students who have been expelled by another school board or private school. The regulations would instead specify that the opportunity for a hearing take place before the division superintendent or his designee, who shall be a trained hearing officer or a professional employee within the administrative offices of the school division who reports directly to the division superintendent and who is not a school-based instructional or administrative employee. The superintendent's decision to exclude would be final unless altered by the school board upon a timely petition by the student. Under current law, these expelled students may seek a school board hearing directly after notice and a review of the case by the division superintendent.

In Goss v. Lopez (1975), the U.S. Supreme Court found that students facing suspensions "and the consequent interference with a protected property interest must be given some kind of notice and afforded some kind of hearing." Generally limited to short-term (10 days or less) suspensions, Goss also notes that "longer term suspensions or expulsions for the remainder of the school term or permanently may require more formal procedures." This measure is identical to HB 2169.


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