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158.150 Suspension or expulsion of pupils.
(1)
(2)
(3)
All pupils admitted to the common schools shall comply with the lawful
regulations for the government of the schools:
(a) Willful disobedience or defiance of the authority of the teachers or
administrators, use of profanity or vulgarity, assault or battery or abuse of
other students, the threat of force or violence, the use or possession of
alcohol or drugs, stealing or destruction or defacing of school property or
personal property of students, the carrying or use of weapons or
dangerous instruments, or other incorrigible bad conduct on school
property, as well as off school property at school-sponsored activities,
constitutes cause for suspension or expulsion from school; and
(b) Assault or battery or abuse of school personnel; stealing or willfully or
wantonly defacing, destroying, or damaging the personal property of
school personnel on school property, off school property, or at
school-sponsored activities constitutes cause for suspension or expulsion
from school.
(a) Each local board of education shall adopt a policy requiring the expulsion
from school for a period of not less than one (1) year for a student who is
determined by the board to have brought a weapon to a school under its
jurisdiction. In determining whether a student has brought a weapon to
school, a local board of education shall use the definition of "unlawful
possession of a weapon on school property" stated in KRS 527.070.
(b) The board shall also adopt a policy requiring disciplinary actions, up to
and including expulsion from school, for a student who is determined by
the board to have possessed prescription drugs or controlled substances
for the purpose of sale or distribution at a school under the board's
jurisdiction, or to have physically assaulted or battered or abused
educational personnel or other students at a school or school function
under the board's jurisdiction. The board may modify the expulsion
requirement for students on a case-by-case basis. A board that has
expelled a student from the student's regular school setting shall provide
or assure that educational services are provided to the student in an
appropriate alternative program or setting, unless the board has made a
determination, on the record, supported by clear and convincing
evidence, that the expelled student posed a threat to the safety of other
students or school staff and could not be placed into a state-funded
agency program. Behavior which constitutes a threat shall include but not
be limited to the physical assault, battery, or abuse of others; the threat of
physical force; being under the influence of drugs or alcohol; the use,
possession, sale, or transfer of drugs or alcohol; the carrying, possessing,
or transfer of weapons or dangerous instruments; and any other behavior
which may endanger the safety of others. Other intervention services as
indicated for each student may be provided by the board or by agreement
with the appropriate state or community agency. A state agency that
provides the service shall be responsible for the cost.
For purposes of this subsection, "charges" means substantiated behavior that
falls within the grounds for suspension or expulsion enumerated in subsection
(4)
(5)
(6)
(7)
(1) of this section, including behavior committed by a student while enrolled in
a private or public school, or in a school within another state. A school board
may adopt a policy providing that, if a student is suspended or expelled for any
reason or faces charges that may lead to suspension or expulsion but
withdraws prior to a hearing from any public or private school in this or any
other state, the receiving district may review the details of the charges,
suspension, or expulsion and determine if the student will be admitted, and if
so, what conditions may be imposed upon the admission.
School administrators, teachers, or other school personnel may immediately
remove or cause to be removed threatening or violent students from a
classroom setting or from the district transportation system pending any further
disciplinary action that may occur. Each board of education shall adopt a policy
to assure the implementation of this section and to assure the safety of the
students and staff.
A pupil shall not be suspended from the common schools until after at least the
following due process procedures have been provided:
(a) The pupil has been given oral or written notice of the charge or charges
against him which constitute cause for suspension;
(b) The pupil has been given an explanation of the evidence of the charge or
charges if the pupil denies them; and
(c) The pupil has been given an opportunity to present his own version of the
facts relating to the charge or charges.
These due process procedures shall precede any suspension from the
common schools unless immediate suspension is essential to protect persons
or property or to avoid disruption of the ongoing academic process. In such
cases, the due process procedures outlined above shall follow the suspension
as soon as practicable, but no later than three (3) school days after the
suspension.
The superintendent, principal, assistant principal, or head teacher of any
school may suspend a pupil but shall report the action in writing immediately to
the superintendent and to the parent, guardian, or other person having legal
custody or control of the pupil. The board of education of any school district
may expel any pupil for misconduct as defined in subsection (1) of this section,
but the action shall not be taken until the parent, guardian, or other person
having legal custody or control of the pupil has had an opportunity to have a
hearing before the board. The decision of the board shall be final.
(a) Suspension of exceptional children, as defined in KRS 157.200, shall be
considered a change of educational placement if:
1.
The child is removed for more than ten (10) consecutive days during
a school year; or
2.
The child is subjected to a series of removals that constitute a
pattern because the removals accumulate to more than ten (10)
school days during a school year and because of other factors, such
as the length of each removal, the total amount of time the child is
removed, and the proximity of removals to one another.
(b) The admissions and release committee shall meet to review the
(8)
(9)
placement and make a recommendation for continued placement or a
change in placement and determine whether regular suspension or
expulsion procedures apply. Additional evaluations shall be completed, if
necessary.
(c) If the admissions and release committee determines that an exceptional
child's behavior is related to his disability, the child shall not be
suspended any further or expelled unless the current placement could
result in injury to the child, other children, or the educational personnel, in
which case an appropriate alternative placement shall be provided that
will provide for the child's educational needs and will provide a safe
learning and teaching environment for all. If the admissions and release
committee determines that the behavior is not related to the disability, the
local educational agency may pursue its regular suspension or expulsion
procedure for the child, if the behavior so warrants. However, educational
services shall not be terminated during a period of expulsion and during a
suspension after a student is suspended for more than a total of ten (10)
days during a school year. A district may seek temporary injunctive relief
through the courts if the parent and the other members of the admissions
and release committee cannot agree upon a placement and the current
placement will likely result in injury to the student or others.
Suspension of primary school students shall be considered only in exceptional
cases where there are safety issues for the child or others.
Any action under this section related to students with disabilities shall be in
compliance with applicable federal law.
Effective:July 12, 2006
History: Amended 2006 Ky. Acts ch. 139, sec. 1, effective July 12, 2006. -Amended 2001 Ky. Acts ch. 95, sec. 1, effective June 21, 2001. -- Amended
1998 Ky. Acts ch. 493, sec. 12, effective April 10, 1998. -- Amended 1996 Ky.
Acts ch. 51, sec. 1, effective July 15, 1996. -- Amended 1992 Ky. Acts ch. 378,
sec. 1, effective July 14, 1992. -- Repealed and reenacted 1990 Ky. Acts
ch. 476, Pt. V, sec. 401, effective July 13, 1990. -- Amended 1986 Ky. Acts
ch. 255, sec. 2, effective July 15, 1986. -- Amended 1982 Ky. Acts ch. 12,
sec. 1, effective July 15, 1982. -- Amended 1978 Ky. Acts ch. 271, sec. 1,
effective June 17, 1978. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective
October 1, 1942, from Ky. Stat. sec. 4363-9.
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