AN ACT relating to student expulsion.

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AN ACT relating to student expulsion. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 158.150 is amended to read as follows: 3
(1) All students admitted to the common schools shall comply with the lawful 4
regulations for the government of the schools: 5
(a) Willful disobedience or defiance of the authority of the teachers or 6
administrators, use of profanity or vulgarity, assault or battery or abuse of 7
other students, the threat of force or violence, the use or possession of alcohol 8
or drugs, stealing or destruction or defacing of school property or personal 9
property of students, the carrying or use of weapons or dangerous instruments, 10
or other incorrigible bad conduct on school property, as well as off school 11
property at school -sponsored activities, constitutes cause for suspension or 12
expulsion from school; and 13
(b) Assault or battery or ab use of school personnel; stealing or willfully or 14
wantonly defacing, destroying, or damaging the personal property of school 15
personnel on school property, off school property, or at school -sponsored 16
activities constitutes cause for suspension or expulsion from school. 17
(2) (a) Each local board of education shall adopt a policy requiring the expulsion 18
from school for a period of at least twelve (12) months for a student who: 19
1. Is determined by the board through clear and convincing evidence to 20
have made threats that pose a dange r to the well -being of students, 21
faculty, or staff of the district; or 22
2. Is determined by the board to have brought a weapon to a school under 23
its jurisdiction. In determining whether a student has brought a weapon 24
to school, a local board of education shall use the definition of "unlawful 25
possession of a weapon on school property" stated in KRS 527.070. 26
(b) The board shall also adopt a policy requiring disciplinary actions, up to and 27
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including expulsion from school, for a student who is determined by the board 1
to have: 2
1. Possessed prescription drugs or controlled substances for the purpose of 3
sale or distribution at a school under the board's jurisdiction; 4
2. Physically assaulted or battered or abused educational personnel or other 5
students at a school or school function under the board's jurisdiction; or 6
3. Physically assaulted, battered, or abused educational personnel or other 7
students off school property and the incident is likely to substantially 8
disrupt the educational process. 9
(3) (a) The board may modify the expulsion requirement and length for students on a 10
case-by-case basis, except the length of expulsion shall be at least twelve (12) 11
months for a violation set forth in subsection (2)(a) of this section. 12
(b) Nothing in this section shall prohibit a board from expelling a student for 13
longer than twelve (12) months. 14
(c) A board that has expelled a student from the student's regular school setting 15
shall provide or ensure that educational services are provided to the student in 16
an appropriate alternat ive program or setting, unless the board has made a 17
determination, on the record, supported by clear and convincing evidence, that 18
the expelled student posed a threat to the safety of other students or school 19
staff and could not be placed into a state -funded agency program. Behavior 20
which constitutes a threat shall include but not be limited to the physical 21
assault, battery, or abuse of others; the threat of physical force; being under 22
the influence of drugs or alcohol; the use, possession, sale, or transfer of drugs 23
or alcohol; the carrying, possessing, or transfer of weapons or dangerous 24
instruments; and any other behavior which may endanger the safety of others. 25
Other intervention services as indicated for each student may be provided by 26
the board or by agreement with the appropriate state or community agency. A 27
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state agency that provides the service shall be responsible for the cost. 1
(d) 1. a. In lieu of expelling a student, or upon the expiration of a student's 2
expulsion, a superintendent may place a stu dent into an alternative 3
program or setting indefinitely if the superintendent determines 4
placement of the student in his or her regular school setting is 5
likely to substantially disrupt the education process or constitutes a 6
threat to the safety of other students or school staff. 7
b. Placements under subdivision a. of this subparagraph that 8
exceed one (1) calendar year shall require an annual review by 9
the superintendent. Significant consideration shall be given to 10
the safety and potential disruption to the educational process for 11
all students in determining whether a change in placement shall 12
occur. 13
c. Action shall not be taken under subdivision a. of this 14
subparagraph, and a change in placement shall not be made 15
under subdivision b. of this subparagraph, [The action shall not 16
be taken] until the parent, guardian, or other person having legal 17
custody or control of the student has had an opportunity to have a 18
hearing before the board or an appeals committee as described in 19
subparagraph 2. of this paragraph. 20
2. The board may adopt a policy to establish an appeals committee and 21
delegate the authority to hold hearings and hear appeals made under 22
this paragraph to that committee. Decisions of the appeals committee 23
may be appealed to the local board of education by the parent, 24
guardian, or other person having legal custody or control of the 25
student. 26
3. The alternative program or setting may be provided virtually. 27
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4. Notwithstanding any other statute or administrative regulation to the 1
contrary, students placed in an alternative program or setting under this 2
paragraph shall be counted in attendance and membership for state 3
funding purposes in the same manner as other students participating in 4
alternative programs of the district. 5
5. Students placed in an alternative program or setting under this paragraph 6
shall be subject to compulsory attendance requirements under KRS 7
Chapter 159 and applicable local board policy. 8
6. Following the initial alternative placement of a student under this 9
paragraph, the board shall review t he alternative program or setting 10
placement at least once per year and determine if the placement should 11
be continued in accordance with subparagraph 1. of this paragraph. 12
(4) For purposes of this subsection, "charges" means substantiated behavior that fal ls 13
within the grounds for suspension or expulsion enumerated in subsection (1) of this 14
section, including behavior committed by a student while enrolled in a private or 15
public school, or in a school within another state. A school board may adopt a 16
policy providing that, if a student is suspended or expelled for any reason or faces 17
charges that may lead to suspension or expulsion but withdraws prior to a hearing 18
from any public or private school in this or any other state, the receiving district 19
may review the details of the charges, suspension, or expulsion and determine if the 20
student will be admitted, and if so, what conditions may be imposed upon the 21
admission, which may include placement of the student into an alternative program 22
or setting as described in subsection (3)(d) of this section. 23
(5) (a) School administrators, teachers, or other school personnel may immediately 24
remove or cause to be removed threatening or violent students from a 25
classroom setting or from the district transportation system pendi ng any 26
further disciplinary action that may occur. Each board of education shall adopt 27
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a policy to assure the implementation of this section and to assure the safety 1
of the students and staff. 2
(b) Except as described in subsection (10) of this section: 3
1. A principal may establish procedures for a student's removal from and 4
reentry to the classroom when the student's behavior disrupts the 5
classroom environment and education process or the student challenges 6
the authority of a supervising adult. In addition to removal, the student 7
shall be subject to further discipline for the behavior consistent with the 8
school's code of conduct. 9
2. A student who is removed from the same classroom three (3) times 10
within a thirty (30) day period shall be considered chronicall y disruptive 11
and may be suspended from school in accordance with this section, and 12
no other basis for suspension shall be deemed necessary. 13
3. At any time during the school year, for a student who has been removed 14
from the classroom under this paragraph, a principal may require a 15
review of the classroom issues with the teacher and the parent, guardian, 16
or other person having legal custody or control of the student and 17
determine a course of action for the teacher and student regarding the 18
student's continued placement in the classroom. 19
4. At any time during the school year, a principal may permanently remove 20
a student from a classroom for the remainder of the school year if the 21
principal determines the student's continued placement in the classroom 22
will chronically disrupt the education process for other students. 23
5. When a student is removed from a classroom under this paragraph 24
temporarily or permanently, the principal shall determine the placement 25
of the student in lieu of that classroom, which may include but is not 26
limited to: 27
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a. Another classroom in that school; or 1
b. An alternative program or setting, which may be provided 2
virtually, as approved by the superintendent. 3
6. Any permanent action by a principal under this paragraph shall be 4
subject to an appeal process in accordance with a policy adopted by the 5
board. 6
7. Policies compliant with this paragraph shall be included in the code of 7
behavior and discipline adopted by the board of education under KRS 8
158.148 and the policies adopted by the school council under KRS 9
160.345. 10
(6) A student shall not be suspended f rom the common schools until after at least the 11
following due process procedures have been provided: 12
(a) The student has been given oral or written notice of the charge or charges 13
against him or her which constitute cause for suspension; 14
(b) The student ha s been given an explanation of the evidence of the charge or 15
charges if the student denies them; and 16
(c) The student has been given an opportunity to present his or her own version of 17
the facts relating to the charge or charges. 18
These due process procedur es shall precede any suspension from the common 19
schools unless immediate suspension is essential to protect persons or property or to 20
avoid disruption of the ongoing academic process. In such cases, the due process 21
procedures outlined above shall follow the suspension as soon as practicable, but no 22
later than three (3) school days after the suspension. 23
(7) (a) The superintendent, principal, assistant principal, or head teacher of any 24
school may suspend a student but shall report the action in writing 25
immediately to the superintendent and to the parent, guardian, or other person 26
having legal custody or control of the student. 27
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(b) 1. The board of education of any school district may expel or extend the 1
expulsion of any student for misconduct as described in su bsection (1) 2
of this section, but the action shall not be taken until the parent, 3
guardian, or other person having legal custody or control of the student 4
has had an opportunity to have a hearing before the board. The decision 5
of the board shall be final. 6
2. Within thirty (30) days prior to the end of a student's expulsion, the 7
board shall review the details of the expulsion and current factors and 8
circumstances, including if ending the expulsion will substantially 9
disrupt the education process or constitut e a threat to the safety of 10
students or school staff, to determine if the expulsion shall be extended 11
for a period not to exceed twelve (12) months. 12
3. The expulsion review process shall be used prior to the end of each 13
expulsion period until the board end s the expulsion or the student is no 14
longer subject to compulsory attendance under KRS 159.010. 15
4. Each board of education shall adopt a policy for implementation of the 16
process described in this paragraph. 17
(8) (a) Suspension of exceptional children, as de fined in KRS 157.200, shall be 18
considered a change of educational placement if: 19
1. The child is removed for more than ten (10) consecutive days during a 20
school year; or 21
2. The child is subjected to a series of removals that constitute a pattern 22
because the removals accumulate to more than ten (10) school days 23
during a school year and because of other factors, such as the length of 24
each removal, the total amount of time the child is removed, and the 25
proximity of removals to one another. 26
(b) The admissions and release committee shall meet to review the placement and 27
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make a recommendation for continued placement or a change in placement 1
and determine whether regular suspension or expulsion procedures apply. 2
Additional evaluations shall be completed, if necessary. 3
(c) If the admissions and release committee determines that an exceptional child's 4
behavior is related to his or her disability, the child shall not be suspended any 5
further or expelled unless the current placement could result in injury to the 6
child, o ther children, or the educational personnel, in which case an 7
appropriate alternative placement shall be provided that will provide for the 8
child's educational needs and will provide a safe learning and teaching 9
environment for all. If the admissions and r elease committee determines that 10
the behavior is not related to the disability, the local educational agency may 11
pursue its regular suspension or expulsion procedure for the child, if the 12
behavior so warrants. However, educational services shall not be ter minated 13
during a period of expulsion and during a suspension after a student is 14
suspended for more than a total of ten (10) days during a school year. A 15
district may seek temporary injunctive relief through the courts if the parent 16
and the other members of the admissions and release committee cannot agree 17
upon a placement and the current placement will likely result in injury to the 18
student or others. 19
(9) Suspension of primary school students shall be considered only in exceptional cases 20
where there are safety issues for the child or others. 21
(10) Any action under this section related to students with disabilities shall be in 22
compliance with applicable federal law. 23
(11) Nothing in this section shall be interpreted or construed to preclude the 24
requirements contained in KRS 158.305 or 158.4416. 25