| Sec. 3313.66. (A) Except as provided under division (B)(2) | 9 |
|
of this section, the superintendent of schools of a city, exempted | 10 |
|
village, or local school district, or the principal of a public | 11 |
|
school may suspend a pupil from school for not more than ten | 12 |
|
school days. The board of education of a city, exempted village, | 13 |
|
or local school district may adopt a policy granting assistant | 14 |
|
principals and other administrators the authority to suspend a | 15 |
|
pupil from school for a period of time as specified in the policy | 16 |
|
of the board of education, not to exceed ten school days. If at | 17 |
|
the time a suspension is imposed there are fewer than ten school | 18 |
|
days remaining in the school year in which the incident that gives | 19 |
|
rise to the suspension takes place, the superintendent may apply | 20 |
|
any remaining part or all of the period of the suspension to the | 21 |
|
following school year. Except in the case of a pupil given an | 22 |
|
in-school suspension, no pupil shall be suspended unless prior to | 23 |
|
the suspension such superintendent or principal does both of the | 24 |
|
following: | 25 |
| (1) Gives the pupil written notice of the intention to | 26 |
|
suspend the pupil and the reasons for the intended suspension and, | 27 |
|
if the proposed suspension is based on a violation listed in | 28 |
|
division (A) of section 3313.662 of the Revised Code and if the | 29 |
|
pupil is sixteen years of age or older, includes in the notice a | 30 |
|
statement that the superintendent may seek to permanently exclude | 31 |
|
the pupil if the pupil is convicted of or adjudicated a delinquent | 32 |
|
child for that violation; | 33 |
(B)(1) Except as provided under division (B)(2), (3),
or (4), | 39 |
|
(5), or (6) of this section, the superintendent of schools of a | 40 |
|
city, exempted village, or local school district may expel a pupil | 41 |
|
from school for a period not to exceed the greater of eighty | 42 |
|
school days or the number of school days remaining in the semester | 43 |
|
or term in which the incident that gives rise to the expulsion | 44 |
|
takes place, unless the expulsion is extended pursuant to division | 45 |
|
(F) of this section. If at the time an expulsion is imposed there | 46 |
|
are fewer than eighty school days remaining in the school year in | 47 |
|
which the incident that gives rise to the expulsion takes place, | 48 |
|
the superintendent may apply any remaining part or all of the | 49 |
|
period of the expulsion to the following school year. | 50 |
| (2)(a) Unless a pupil is permanently excluded pursuant to | 51 |
|
section 3313.662 of the Revised Code, the superintendent of | 52 |
|
schools of a city, exempted village, or local school district | 53 |
|
shall expel a pupil from school for a period of one year for | 54 |
|
bringing a firearm to a school operated by the board of education | 55 |
|
of the district or onto any other property owned or controlled by | 56 |
|
the board, except that the superintendent may reduce this | 57 |
|
requirement on a case-by-case basis in accordance with the policy | 58 |
|
adopted by the board under section 3313.661 of the Revised Code. | 59 |
| (b) The superintendent of schools of a city, exempted | 60 |
|
village, or local school district may expel a pupil from school | 61 |
|
for a period of one year for bringing a firearm to an | 62 |
|
interscholastic competition, an extracurricular event, or any | 63 |
|
other school program or activity that is not located in a school | 64 |
|
or on property that is owned or controlled by the district. The | 65 |
|
superintendent may reduce this disciplinary action on a | 66 |
|
case-by-case basis in accordance with the policy adopted by the | 67 |
|
board under section 3313.661 of the Revised Code. | 68 |
| (c) Any expulsion pursuant to division (B)(2) of this section | 69 |
|
shall extend, as necessary, into the school year following the | 70 |
|
school year in which the incident that gives rise to the expulsion | 71 |
|
takes place. As used in this division, "firearm" has the same | 72 |
|
meaning as provided pursuant to the "Gun-Free Schools Act," 115 | 73 |
|
Stat. 1762, 20 U.S.C. 7151. | 74 |
| (3) The board of education of a city, exempted village, or | 75 |
|
local school district may adopt a resolution authorizing the | 76 |
|
superintendent of schools to expel a pupil from school for a | 77 |
|
period not to exceed one year for bringing a knife to a school | 78 |
|
operated by the board, onto any other property owned or controlled | 79 |
|
by the board, or to an interscholastic competition, an | 80 |
|
extracurricular event, or any other program or activity sponsored | 81 |
|
by the school district or in which the district is a participant, | 82 |
|
or for possessing a firearm or knife at a school, on any other | 83 |
|
property owned or controlled by the board, or at an | 84 |
|
interscholastic competition, an extracurricular event, or any | 85 |
|
other school program or activity, which firearm or knife was | 86 |
|
initially brought onto school board property by another person. | 87 |
|
The resolution may authorize the superintendent to extend such an | 88 |
|
expulsion, as necessary, into the school year following the school | 89 |
|
year in which the incident that gives rise to the expulsion takes | 90 |
|
place. | 91 |
| (4) The board of education of a city, exempted village, or | 92 |
|
local school district may adopt a resolution establishing a policy | 93 |
|
under section 3313.661 of the Revised Code that authorizes the | 94 |
|
superintendent of schools to expel a pupil from school for a | 95 |
|
period not to exceed one year for committing an act that is a | 96 |
|
criminal offense when committed by an adult and that results in | 97 |
|
serious physical harm to persons as defined in division (A)(5) of | 98 |
|
section 2901.01 of the Revised Code or serious physical harm to | 99 |
|
property as defined in division (A)(6) of section 2901.01 of the | 100 |
|
Revised Code while the pupil is at school, on any other property | 101 |
|
owned or controlled by the board, or at an interscholastic | 102 |
|
competition, an extracurricular event, or any other school program | 103 |
|
or activity. Any expulsion under this division shall extend, as | 104 |
|
necessary, into the school year following the school year in which | 105 |
|
the incident that gives rise to the expulsion takes place. | 106 |
| (5) The board of education of any city, exempted village, or | 107 |
|
local school district may adopt a resolution establishing a policy | 108 |
|
under section 3313.661 of the Revised Code that authorizes the | 109 |
|
superintendent of schools to expel a pupil from school for a | 110 |
|
period not to exceed one year for making a bomb threat to a school | 111 |
|
building or to any premises at which a school activity is | 112 |
|
occurring at the time of the threat. Any expulsion under this | 113 |
|
division shall extend, as necessary, into the school year | 114 |
|
following the school year in which the incident that gives rise to | 115 |
|
the expulsion takes place. | 116 |
| (6) The board of education of any city, exempted village, or | 117 |
|
local school district may adopt a resolution establishing a policy | 118 |
|
under section 3313.661 of the Revised Code that authorizes the | 119 |
|
superintendent of schools to expel a pupil from school for a | 120 |
|
period not to exceed one hundred eighty school days for actions | 121 |
|
that the superintendent determines pose imminent and severe | 122 |
|
endangerment to the health and safety of other pupils or school | 123 |
|
employees, even though the pupil's actions may not qualify for | 124 |
|
permanent exclusion under section 3313.662 of the Revised Code. | 125 |
|
Upon the expulsion of a pupil pursuant to this division, the | 126 |
|
superintendent shall develop conditions for that pupil to satisfy | 127 |
|
prior to the pupil's reinstatement. The superintendent shall | 128 |
|
provide a copy of these conditions in writing to the district | 129 |
|
board, the pupil, and the pupil's parent, guardian, or custodian | 130 |
|
at the beginning of the expulsion period. | 131 |
| One of the conditions developed by the superintendent shall | 132 |
|
be an assessment to determine whether the pupil poses a danger to | 133 |
|
the pupil's self or to other pupils or school employees. The | 134 |
|
assessment shall be completed by a psychiatrist, psychologist, or | 135 |
|
school psychologist employed or contracted by the district. The | 136 |
|
psychiatrist, psychologist, or school psychologist shall be agreed | 137 |
|
upon by both the district board and the pupil's parent, guardian, | 138 |
|
or custodian. If the psychiatrist, psychologist, or school | 139 |
|
psychologist is not employed or contracted by the district, the | 140 |
|
cost of the assessment shall be referred for payment to the | 141 |
|
pupil's health insurance. Any costs not covered by the pupil's | 142 |
|
health insurance shall be split equally between the district and | 143 |
|
the pupil's parent, guardian, or custodian. The district shall pay | 144 |
|
in full for an assessment completed by a psychiatrist, | 145 |
|
psychologist, or school psychologist that is employed or | 146 |
|
contracted by the district. | 147 |
| (a) At the end of the expulsion period, the superintendent | 148 |
|
shall assess the pupil and determine whether the pupil has shown | 149 |
|
sufficient rehabilitation to be reinstated. The superintendent | 150 |
|
shall take into consideration both the assessment by the | 151 |
|
psychiatrist, psychologist, or school psychologist and whether or | 152 |
|
not the pupil has met the conditions developed by the | 153 |
|
superintendent at the beginning of the expulsion period. | 154 |
| (b) If the superintendent extends the expulsion period under | 167 |
|
division (B)(6)(a)(ii) of this section, the superintendent shall | 168 |
|
develop conditions for that pupil to satisfy prior to that pupil's | 169 |
|
reinstatement, which may be the same as those developed for the | 170 |
|
original expulsion period. The superintendent shall provide a copy | 171 |
|
of these conditions in writing to the district board, the pupil, | 172 |
|
and the pupil's parent, guardian, or custodian at the beginning of | 173 |
|
the extended expulsion period. At the end of the extended | 174 |
|
expulsion period, the superintendent shall reassess the pupil in | 175 |
|
the manner prescribed by division (B)(6)(a) of this section and | 176 |
|
may reinstate the pupil or may extend the expulsion for another | 177 |
|
term, not to exceed ninety school days, in the same manner as | 178 |
|
provided in divisions (B)(6)(a)(i) and (ii) of this section. There | 179 |
|
is no limit on the number of times the superintendent may extend | 180 |
|
an expulsion under division (B)(6)(a)(ii) of this section. | 181 |
| (c) Prior to the end of the original expulsion period or of | 182 |
|
an extended expulsion period, if the pupil has met all of the | 183 |
|
conditions developed by the superintendent at the beginning of the | 184 |
|
expulsion period, the superintendent may reduce the expulsion on a | 185 |
|
case-by-case basis. In making the determination, the | 186 |
|
superintendent shall comply with the district's policy regarding | 187 |
|
the reduction of an expulsion period, adopted pursuant to section | 188 |
|
3313.661 of the Revised Code. | 189 |
| (d) Prior to the end of the original expulsion period or of | 190 |
|
an extended expulsion period, the pupil or the pupil's parent, | 191 |
|
guardian, or custodian may request the superintendent to complete | 192 |
|
an early assessment of the pupil. If requested, the superintendent | 193 |
|
shall assess the pupil and make a determination in the manner | 194 |
|
prescribed by division (B)(6)(a) of this section. In making the | 195 |
|
determination, the superintendent shall comply with the district's | 196 |
|
policy regarding the reduction of an expulsion period, adopted | 197 |
|
pursuant to section 3313.661 of the Revised Code. A pupil or | 198 |
|
pupil's parent, guardian, or custodian may request one early | 199 |
|
assessment for the original expulsion period and for each extended | 200 |
|
expulsion period under this division. | 201 |
| (e) Not later than five days after the beginning of the | 202 |
|
original expulsion period or of any extended expulsion period | 203 |
|
under division (B)(6) of this section, the superintendent, in | 204 |
|
consultation with the pupil, and the pupil's parent, guardian, or | 205 |
|
custodian, shall develop a plan for the continued education of the | 206 |
|
pupil, which may include education by the district in an | 207 |
|
alternative setting under division (I) of this section, including | 208 |
|
instruction at home, enrollment in another district or other type | 209 |
|
of public or nonpublic school, or any other form of instruction | 210 |
|
that complies with Chapter 3321. of the Revised Code. | 211 |
| The notice required in this division shall include the | 226 |
|
reasons for the intended expulsion, notification of the | 227 |
|
opportunity of the pupil and the pupil's parent, guardian, | 228 |
|
custodian, or representative to appear before the superintendent | 229 |
|
or the superintendent's designee to challenge the reasons for the | 230 |
|
intended expulsion or otherwise to explain the pupil's action, and | 231 |
|
notification of the time and place to appear. The time to appear | 232 |
|
shall not be earlier than three nor later than five school days | 233 |
|
after the notice is given, unless the superintendent grants an | 234 |
|
extension of time at the request of the pupil or the pupil's | 235 |
|
parent, guardian, custodian, or representative. If an extension is | 236 |
|
granted after giving the original notice, the superintendent shall | 237 |
|
notify the pupil and the pupil's parent, guardian, custodian, or | 238 |
|
representative of the new time and place to appear. If the | 239 |
|
proposed expulsion is based on a violation listed in division (A) | 240 |
|
of section 3313.662 of the Revised Code and if the pupil is | 241 |
|
sixteen years of age or older, the notice shall include a | 242 |
|
statement that the superintendent may seek to permanently exclude | 243 |
|
the pupil if the pupil is convicted of or adjudicated a delinquent | 244 |
|
child for that violation. | 245 |
(7)(8) A superintendent of schools of a city, exempted | 246 |
|
village, or local school district shall initiate expulsion | 247 |
|
proceedings pursuant to this section with respect to any pupil who | 248 |
|
has committed an act warranting expulsion under the district's | 249 |
|
policy regarding expulsion even if the pupil has withdrawn from | 250 |
|
school for any reason after the incident that gives rise to the | 251 |
|
hearing but prior to the hearing or decision to impose the | 252 |
|
expulsion. If, following the hearing, the pupil would have been | 253 |
|
expelled for a period of time had the pupil still been enrolled in | 254 |
|
the school, the expulsion shall be imposed for the same length of | 255 |
|
time as on a pupil who has not withdrawn from the school. | 256 |
| (C) If a pupil's presence poses a continuing danger to | 257 |
|
persons or property or an ongoing threat of disrupting the | 258 |
|
academic process taking place either within a classroom or | 259 |
|
elsewhere on the school premises, the superintendent or a | 260 |
|
principal or assistant principal may remove a pupil from | 261 |
|
curricular activities or from the school premises, and a teacher | 262 |
|
may remove a pupil from curricular activities under the teacher's | 263 |
|
supervision, without the notice and hearing requirements of | 264 |
|
division (A) or (B) of this section. As soon as practicable after | 265 |
|
making such a removal, the teacher shall submit in writing to the | 266 |
|
principal the reasons for such removal. | 267 |
| If a pupil is removed under this division from a curricular | 268 |
|
activity or from the school premises, written notice of the | 269 |
|
hearing and of the reason for the removal shall be given to the | 270 |
|
pupil as soon as practicable prior to the hearing, which shall be | 271 |
|
held within three school days from the time the initial removal is | 272 |
|
ordered. The hearing shall be held in accordance with division (A) | 273 |
|
of this section unless it is probable that the pupil may be | 274 |
|
subject to expulsion, in which case a hearing in accordance with | 275 |
|
division (B) of this section shall be held, except that the | 276 |
|
hearing shall be held within three school days of the initial | 277 |
|
removal. The individual who ordered, caused, or requested the | 278 |
|
removal to be made shall be present at the hearing. | 279 |
| (D) The superintendent or principal, within one school day | 285 |
|
after the time of a pupil's expulsion or suspension, shall notify | 286 |
|
in writing the parent, guardian, or custodian of the pupil and the | 287 |
|
treasurer of the board of education of the expulsion or | 288 |
|
suspension. The notice shall include the reasons for the expulsion | 289 |
|
or suspension, notification of the right of the pupil or the | 290 |
|
pupil's parent, guardian, or custodian to appeal the expulsion or | 291 |
|
suspension to the board of education or to its designee, to be | 292 |
|
represented in all appeal proceedings, to be granted a hearing | 293 |
|
before the board or its designee in order to be heard against the | 294 |
|
suspension or expulsion, and to request that the hearing be held | 295 |
|
in executive session, notification that the expulsion may be | 296 |
|
subject to extension pursuant to division (F) of this section if | 297 |
|
the pupil is sixteen years of age or older, and notification that | 298 |
|
the superintendent may seek the pupil's permanent exclusion if the | 299 |
|
suspension or expulsion was based on a violation listed in | 300 |
|
division (A) of section 3313.662 of the Revised Code that was | 301 |
|
committed when the child was sixteen years of age or older and if | 302 |
|
the pupil is convicted of or adjudicated a delinquent child for | 303 |
|
that violation. | 304 |
| In accordance with the policy adopted by the board of | 305 |
|
education under section 3313.661 of the Revised Code, the notice | 306 |
|
provided under this division shall specify the manner and date by | 307 |
|
which the pupil or the pupil's parent, guardian, or custodian | 308 |
|
shall notify the board of the pupil's, parent's, guardian's, or | 309 |
|
custodian's intent to appeal the expulsion or suspension to the | 310 |
|
board or its designee. | 311 |
| Any superintendent expelling a pupil under this section for | 312 |
|
more than twenty school days or for any period of time if the | 313 |
|
expulsion will extend into the following semester or school year | 314 |
|
shall, in the notice required under this division, provide the | 315 |
|
pupil and the pupil's parent, guardian, or custodian with | 316 |
|
information about services or programs offered by public and | 317 |
|
private agencies that work toward improving those aspects of the | 318 |
|
pupil's attitudes and behavior that contributed to the incident | 319 |
|
that gave rise to the pupil's expulsion. The information shall | 320 |
|
include the names, addresses, and phone numbers of the appropriate | 321 |
|
public and private agencies. | 322 |
| (E) A pupil or the pupil's parent, guardian, or custodian may | 323 |
|
appeal the pupil's expulsion by a superintendent or suspension by | 324 |
|
a superintendent, principal, assistant principal, or other | 325 |
|
administrator to the board of education or to its designee. If the | 326 |
|
pupil or the pupil's parent, guardian, or custodian intends to | 327 |
|
appeal the expulsion or suspension to the board or its designee, | 328 |
|
the pupil or the pupil's parent, guardian, or custodian shall | 329 |
|
notify the board in the manner and by the date specified in the | 330 |
|
notice provided under division (D) of this section. The pupil or | 331 |
|
the pupil's parent, guardian, or custodian may be represented in | 332 |
|
all appeal proceedings and shall be granted a hearing before the | 333 |
|
board or its designee in order to be heard against the suspension | 334 |
|
or expulsion. At the request of the pupil or of the pupil's | 335 |
|
parent, guardian, custodian, or attorney, the board or its | 336 |
|
designee may hold the hearing in executive session but shall act | 337 |
|
upon the suspension or expulsion only at a public meeting. The | 338 |
|
board, by a majority vote of its full membership or by the action | 339 |
|
of its designee, may affirm the order of suspension or expulsion, | 340 |
|
reinstate the pupil, or otherwise reverse, vacate, or modify the | 341 |
|
order of suspension or expulsion. | 342 |
| (F)(1) If a pupil is expelled pursuant to division (B) of | 352 |
|
this section for committing any violation listed in division (A) | 353 |
|
of section 3313.662 of the Revised Code and the pupil was sixteen | 354 |
|
years of age or older at the time of committing the violation, if | 355 |
|
a complaint, indictment, or information is filed alleging that the | 356 |
|
pupil is a delinquent child based upon the commission of the | 357 |
|
violation or the pupil is prosecuted as an adult for the | 358 |
|
commission of the violation, and if the resultant juvenile court | 359 |
|
or criminal proceeding is pending at the time that the expulsion | 360 |
|
terminates, the superintendent of schools that expelled the pupil | 361 |
|
may file a motion with the court in which the proceeding is | 362 |
|
pending requesting an order extending the expulsion for the lesser | 363 |
|
of an additional eighty days or the number of school days | 364 |
|
remaining in the school year. Upon the filing of the motion, the | 365 |
|
court immediately shall schedule a hearing and give written notice | 366 |
|
of the time, date, and location of the hearing to the | 367 |
|
superintendent and to the pupil and the pupil's parent, guardian, | 368 |
|
or custodian. At the hearing, the court shall determine whether | 369 |
|
there is reasonable cause to believe that the pupil committed the | 370 |
|
alleged violation that is the basis of the expulsion and, upon | 371 |
|
determining that reasonable cause to believe the pupil committed | 372 |
|
the violation does exist, shall grant the requested extension. | 373 |
| (2) If a pupil has been convicted of or adjudicated a | 374 |
|
delinquent child for a violation listed in division (A) of section | 375 |
|
3313.662 of the Revised Code for an act that was committed when | 376 |
|
the child was sixteen years of age or older, if the pupil has been | 377 |
|
expelled pursuant to division (B) of this section for that | 378 |
|
violation, and if the board of education of the school district of | 379 |
|
the school from which the pupil was expelled has adopted a | 380 |
|
resolution seeking the pupil's permanent exclusion, the | 381 |
|
superintendent may file a motion with the court that convicted the | 382 |
|
pupil or adjudicated the pupil a delinquent child requesting an | 383 |
|
order to extend the expulsion until an adjudication order or other | 384 |
|
determination regarding permanent exclusion is issued by the | 385 |
|
superintendent of public instruction pursuant to section 3301.121 | 386 |
|
and division (D) of section 3313.662 of the Revised Code. Upon the | 387 |
|
filing of the motion, the court immediately shall schedule a | 388 |
|
hearing and give written notice of the time, date, and location of | 389 |
|
the hearing to the superintendent of the school district, the | 390 |
|
pupil, and the pupil's parent, guardian, or custodian. At the | 391 |
|
hearing, the court shall determine whether there is reasonable | 392 |
|
cause to believe the pupil's continued attendance in the public | 393 |
|
school system may endanger the health and safety of other pupils | 394 |
|
or school employees and, upon making that determination, shall | 395 |
|
grant the requested extension. | 396 |
| (G) The failure of the superintendent or the board of | 397 |
|
education to provide the information regarding the possibility of | 398 |
|
permanent exclusion in the notice required by divisions (A), (B), | 399 |
|
and (D) of this section is not jurisdictional, and the failure | 400 |
|
shall not affect the validity of any suspension or expulsion | 401 |
|
procedure that is conducted in accordance with this section or the | 402 |
|
validity of a permanent exclusion procedure that is conducted in | 403 |
|
accordance with sections 3301.121 and 3313.662 of the Revised | 404 |
|
Code. | 405 |
| (H) With regard to suspensions and expulsions pursuant to | 406 |
|
divisions (A) and (B) of this section by the board of education of | 407 |
|
any city, exempted village, or local school district, this section | 408 |
|
shall apply to any student, whether or not the student is enrolled | 409 |
|
in the district, attending or otherwise participating in any | 410 |
|
curricular program provided in a school operated by the board or | 411 |
|
provided on any other property owned or controlled by the board. | 412 |
| (I) Whenever a student is expelled under this section, the | 413 |
|
expulsion shall result in removal of the student from the | 414 |
|
student's regular school setting. However, during the period of | 415 |
|
the expulsion, the board of education of the school district that | 416 |
|
expelled the student or any board of education admitting the | 417 |
|
student during that expulsion period may provide educational | 418 |
|
services to the student in an alternative setting. | 419 |
| (2) Notwithstanding sections 3109.51 to 3109.80, 3313.64, and | 436 |
|
3313.65 of the Revised Code, any school district, after offering | 437 |
|
an opportunity for a hearing, may temporarily deny admittance to | 438 |
|
any pupil if the pupil has been expelled or otherwise removed for | 439 |
|
disciplinary purposes from a public school in another state and | 440 |
|
the period of expulsion or removal has not expired. If a pupil is | 441 |
|
temporarily denied admission under this division, the pupil shall | 442 |
|
be admitted to school in accordance with sections 3109.51 to | 443 |
|
3109.80, 3313.64, or 3313.65 of the Revised Code no later than the | 444 |
|
earlier of the following: | 445 |
| (b) Upon expiration of a period established by the district, | 448 |
|
beginning with the date of expulsion or removal from the | 449 |
|
out-of-state school, that is no greater than the period of | 450 |
|
expulsion that the pupil would have received under the policy | 451 |
|
adopted by the district under section 3313.661 of the Revised Code | 452 |
|
had the offense that gave rise to the expulsion or removal by the | 453 |
|
out-of-state school been committed while the pupil was enrolled in | 454 |
|
the district. | 455 |
| Sec. 3313.661. (A) The board of education of each city, | 464 |
|
exempted village, and local school district shall adopt a policy | 465 |
|
regarding suspension, expulsion, removal, and permanent exclusion | 466 |
|
that specifies the types of misconduct for which a pupil may be | 467 |
|
suspended, expelled, or removed. The types of misconduct may | 468 |
|
include misconduct by a pupil that occurs off of property owned or | 469 |
|
controlled by the district but that is connected to activities or | 470 |
|
incidents that have occurred on property owned or controlled by | 471 |
|
that district and misconduct by a pupil that, regardless of where | 472 |
|
it occurs, is directed at a district official or employee, or the | 473 |
|
property of such official or employee. The policy shall specify | 474 |
|
the reasons for which the superintendent of the district may | 475 |
|
reduce the expulsion requirement in division (B)(2) of section | 476 |
|
3313.66 of the Revised Code. If a board of education adopts a | 477 |
|
resolution pursuant to division (B)(3) of section 3313.66 of the | 478 |
|
Revised Code, the policy shall define the term "knife" or | 479 |
|
"firearm," as applicable, for purposes of expulsion under that | 480 |
|
resolution and shall specify any reasons for which the | 481 |
|
superintendent of the district may reduce any required expulsion | 482 |
|
period on a case-by-case basis. If a board of education adopts a | 483 |
resolution pursuant to division (B)(4) or, (5), or (6) of section | 484 |
|
3313.66 of the Revised Code, the policy shall specify any reasons | 485 |
|
for which the superintendent of the district may reduce any | 486 |
required expulsion period on a case-by-case basis. The policy also | 487 |
|
shall set forth the acts listed in section 3313.662 of the Revised | 488 |
|
Code for which a pupil may be permanently excluded. | 489 |
| The policy adopted under this division shall specify the date | 490 |
|
and manner by which a pupil or a pupil's parent, guardian, or | 491 |
|
custodian may notify the board of the pupil's, parent's, | 492 |
|
guardian's, or custodian's intent to appeal an expulsion or | 493 |
|
suspension to the board or its designee pursuant to division (E) | 494 |
|
of section 3313.66 of the Revised Code. In the case of any | 495 |
|
expulsion, the policy shall not specify a date that is less than | 496 |
|
fourteen days after the date of the notice provided to the pupil | 497 |
|
or the pupil's parent, guardian, or custodian under division (D) | 498 |
|
of that section. | 499 |
| A copy of the policy shall be posted in a central location in | 500 |
|
the school and made available to pupils upon request. No pupil | 501 |
|
shall be suspended, expelled, or removed except in accordance with | 502 |
|
the policy adopted by the board of education of the school | 503 |
|
district in which the pupil attends school, and no pupil shall be | 504 |
|
permanently excluded except in accordance with sections 3301.121 | 505 |
|
and 3313.662 of the Revised Code. | 506 |
| (B) A board of education may establish a program and adopt | 507 |
|
guidelines under which a superintendent may require a pupil to | 508 |
|
perform community service in conjunction with a suspension or | 509 |
|
expulsion imposed under section 3313.66 of the Revised Code or in | 510 |
|
place of a suspension or expulsion imposed under section 3313.66 | 511 |
|
of the Revised Code except for an expulsion imposed pursuant to | 512 |
|
division (B)(2) of that section. If a board adopts guidelines | 513 |
|
under this division, they shall permit, except with regard to an | 514 |
|
expulsion pursuant to division (B)(2) of section 3313.66 of the | 515 |
|
Revised Code, a superintendent to impose a community service | 516 |
|
requirement beyond the end of the school year in lieu of applying | 517 |
|
the suspension or expulsion into the following school year. Any | 518 |
|
guidelines adopted shall be included in the policy adopted under | 519 |
|
this section. | 520 |
| (D) Any policy, program, or guideline adopted by a board of | 525 |
|
education under this section with regard to suspensions or | 526 |
|
expulsions pursuant to division (A) or (B) of section 3313.66 of | 527 |
|
the Revised Code shall apply to any student, whether or not the | 528 |
|
student is enrolled in the district, attending or otherwise | 529 |
|
participating in any curricular program provided in a school | 530 |
|
operated by the board or provided on any other property owned or | 531 |
|
controlled by the board. | 532 |
| Section 3. This act is hereby declared to be an emergency | 547 |
|
measure necessary for the immediate preservation of the public | 548 |
|
peace, health, and safety. The reason for such necessity is to | 549 |
|
timely provide public school officials with the discretion to | 550 |
|
expel a student for an extended period of time, if that student | 551 |
|
poses imminent and severe endangerment to the health and safety of | 552 |
|
other students or school employees. Therefore, this act shall go | 553 |
|
into immediate effect. | 554 |