As Introduced 1
123rd General Assembly 4
Regular Session H. B. No. 620 5
1999-2000 6
REPRESENTATIVES CATES-BRITTON-BUEHRER-CALVERT-CLANCY-DePIERO- 8
EVANS-FORD-GOODMAN-GRENDELL-HARTNETT-HOOD-PRINGLE- 9
TERWILLEGER-TIBERI-VESPER-WIDENER 10
_________________________________________________________________ 11
A B I L L
To amend sections 3313.66 and 3313.661 of the 13
Revised Code to permit a school district board to 14
adopt a resolution authorizing expulsion for up 15
to one year of any student making a bomb threat
to a school or a school activity. 16
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 18
Section 1. That sections 3313.66 and 3313.661 of the 20
Revised Code be amended to read as follows: 21
Sec. 3313.66. (A) Except as provided under division 30
(B)(2) of this section, the superintendent of schools of a city, 32
exempted village, or local school district, or the principal of a 33
public school may suspend a pupil from school for not more than 34
ten school days. The board of education of a city, exempted 35
village, or local school district may adopt a policy granting 36
assistant principals and other administrators the authority to 37
suspend a pupil from school for a period of time as specified in 38
the policy of the board of education, not to exceed ten school 39
days. If at the time a suspension is imposed there are fewer 41
than ten school days remaining in the school year in which the 42
incident that gives rise to the suspension takes place, the 43
superintendent may apply any remaining part or all of the period 44
of the suspension to the following school year. Except in the 45
case of a pupil given an in-school suspension, no pupil shall be 46
suspended unless prior to the suspension such superintendent or 47
2
principal does both of the following: 48
(1) Gives the pupil written notice of the intention to 50
suspend the pupil and the reasons for the intended suspension 52
and, if the proposed suspension is based on a violation listed in 53
division (A) of section 3313.662 of the Revised Code and if the 54
pupil is sixteen years of age or older, includes in the notice a 55
statement that the superintendent may seek to permanently exclude 56
the pupil if the pupil is convicted of or adjudicated a 57
delinquent child for that violation; 59
(2) Provides the pupil an opportunity to appear at an 61
informal hearing before the principal, assistant principal, 62
superintendent, or superintendent's designee and challenge the 63
reason for the intended suspension or otherwise to explain the 64
pupil's actions. 65
(B)(1) Except as provided under division (B)(2), (3), or 68
(4) of this section, the superintendent of schools of a city, 69
exempted village, or local school district may expel a pupil from 70
school for a period not to exceed the greater of eighty school 71
days or the number of school days remaining in the semester or 72
term in which the incident that gives rise to the expulsion takes 73
place, unless the expulsion is extended pursuant to division (F) 74
of this section. If at the time an expulsion is imposed there 75
are fewer than eighty school days remaining in the school year in 76
which the incident that gives rise to the expulsion takes place, 77
the superintendent may apply any remaining part or all of the 78
period of the expulsion to the following school year. 79
(2)(a) Unless a pupil is permanently excluded pursuant to 81
section 3313.662 of the Revised Code, the superintendent of 82
schools of a city, exempted village, or local school district 84
shall expel a pupil from school for a period of one year for 85
bringing a firearm to a school operated by the board of education
of the district or onto any other property owned or controlled by 87
the board, except that the superintendent may reduce this 89
requirement on a case-by-case basis in accordance with the policy 90
3
adopted by the board under section 3313.661 of the Revised Code. 91
(b) The superintendent of schools of a city, exempted 93
village, or local school district may expel a pupil from school 94
for a period of one year for bringing a firearm to an 96
interscholastic competition, an extracurricular event, or any
other school program or activity that is not located in a school 98
or on property that is owned or controlled by the district. The 99
superintendent may reduce this disciplinary action on a 100
case-by-case basis in accordance with the policy adopted by the 101
board under section 3313.661 of the Revised Code.
(c) Any expulsion pursuant to division (B)(2) of this 104
section shall extend, as necessary, into the school year 105
following the school year in which the incident that gives rise 107
to the expulsion takes place. As used in this division, 108
"firearm" has the same meaning as provided pursuant to the 109
"Gun-Free Schools Act of 1994," 108 Stat. 270, 20 U.S.C. 110
8001(a)(2). 111
(3) The board of education of a city, exempted village, or 114
local school district may adopt a resolution authorizing the 115
superintendent of schools to expel a pupil from school for a 116
period not to exceed one year for bringing a knife to a school 117
operated by the board, onto any other property owned or 118
controlled by the board, or to an interscholastic competition, an 119
extracurricular event, or any other program or activity sponsored 120
by the school district or in which the district is a participant, 121
or for possessing a firearm or knife at a school, on any other 123
property owned or controlled by the board, or at an 125
interscholastic competition, an extracurricular event, or any
other school program or activity, which firearm or knife was 127
initially brought onto school board property by another person. 128
The resolution may authorize the superintendent to extend such an 129
expulsion, as necessary, into the school year following the 130
school year in which the incident that gives rise to the 131
expulsion takes place.
4
(4) The board of education of a city, exempted village, or 134
local school district may adopt a resolution establishing a 135
policy under section 3313.661 of the Revised Code that authorizes 136
the superintendent of schools to expel a pupil from school for a 138
period not to exceed one year for committing an act that is a 139
criminal offense when committed by an adult and that results in 140
serious physical harm to persons as defined in division (A)(5) of 141
section 2901.01 of the Revised Code or serious physical harm to 144
property as defined in division (A)(6) of section 2901.01 of the 146
Revised Code while the pupil is at school, on any other property 148
owned or controlled by the board, or at an interscholastic 150
competition, an extracurricular event, or any other school 151
program or activity. Any expulsion under this division shall 152
extend, as necessary, into the school year following the school 154
year in which the incident that gives rise to the expulsion takes 155
place.
(5) THE BOARD OF EDUCATION OF ANY CITY, EXEMPTED VILLAGE, 157
OR LOCAL SCHOOL DISTRICT MAY ADOPT A RESOLUTION ESTABLISHING A 158
POLICY UNDER SECTION 3313.661 OF THE REVISED CODE THAT AUTHORIZES 159
THE SUPERINTENDENT OF SCHOOLS TO EXPEL A PUPIL FROM SCHOOL FOR A 160
PERIOD NOT TO EXCEED ONE YEAR FOR MAKING A BOMB THREAT TO A
SCHOOL BUILDING OR TO ANY PREMISES AT WHICH A SCHOOL ACTIVITY IS 161
OCCURRING AT THE TIME OF THE THREAT. ANY EXPULSION UNDER THIS 162
DIVISION SHALL EXTEND, AS NECESSARY, INTO THE SCHOOL YEAR 163
FOLLOWING THE SCHOOL YEAR IN WHICH THE INCIDENT THAT GIVES RISE 164
TO THE EXPULSION TAKES PLACE.
(6) No pupil shall be expelled under division (B)(1), (2), 166
(3), or (4), OR (5) of this section unless, prior to the pupil's 168
expulsion, the superintendent does both of the following: 169
(a) Gives the pupil and the pupil's parent, guardian, or 171
custodian written notice of the intention to expel the pupil; 173
(b) Provides the pupil and the pupil's parent, guardian, 175
custodian, or representative an opportunity to appear in person 176
before the superintendent or the superintendent's designee to 178
5
challenge the reasons for the intended expulsion or otherwise to
explain the pupil's actions. 179
The notice required in this division shall include the 181
reasons for the intended expulsion, notification of the 182
opportunity of the pupil and the pupil's parent, guardian, 183
custodian, or representative to appear before the superintendent 185
or the superintendent's designee to challenge the reasons for the 186
intended expulsion or otherwise to explain the pupil's action, 188
and notification of the time and place to appear. The time to 189
appear shall not be earlier than three nor later than five school 190
days after the notice is given, unless the superintendent grants 191
an extension of time at the request of the pupil or the pupil's 192
parent, guardian, custodian, or representative. If an extension 193
is granted after giving the original notice, the superintendent 194
shall notify the pupil and the pupil's parent, guardian, 195
custodian, or representative of the new time and place to appear. 197
If the proposed expulsion is based on a violation listed in 198
division (A) of section 3313.662 of the Revised Code and if the 199
pupil is sixteen years of age or older, the notice shall include 200
a statement that the superintendent may seek to permanently 201
exclude the pupil if the pupil is convicted of or adjudicated a 202
delinquent child for that violation. 203
(6)(7) A superintendent of schools of a city, exempted 205
village, or local school district shall initiate expulsion 207
proceedings pursuant to this section with respect to any pupil 208
who has committed an act warranting expulsion under the 209
district's policy regarding expulsion even if the pupil has 210
withdrawn from school for any reason after the incident that 211
gives rise to the hearing but prior to the hearing or decision to 212
impose the expulsion. If, following the hearing, the pupil would 213
have been expelled for a period of time had the pupil still been 214
enrolled in the school, the expulsion shall be imposed for the 216
same length of time as on a pupil who has not withdrawn from the
school. 217
6
(C) If a pupil's presence poses a continuing danger to 219
persons or property or an ongoing threat of disrupting the 220
academic process taking place either within a classroom or 221
elsewhere on the school premises, the superintendent or a 222
principal or assistant principal may remove a pupil from 223
curricular activities or from the school premises, and a teacher 225
may remove a pupil from curricular activities under the teacher's 226
supervision, without the notice and hearing requirements of 228
division (A) or (B) of this section. As soon as practicable 229
after making such a removal, the teacher shall submit in writing 230
to the principal the reasons for such removal. 231
If a pupil is removed under this division from a curricular 233
activity or from the school premises, written notice of the 235
hearing and of the reason for the removal shall be given to the 236
pupil as soon as practicable prior to the hearing, which shall be 237
held within three school days from the time the initial removal 238
is ordered. The hearing shall be held in accordance with 239
division (A) of this section unless it is probable that the pupil 240
may be subject to expulsion, in which case a hearing in 241
accordance with division (B) of this section shall be held, 242
except that the hearing shall be held within three school days of 243
the initial removal. The individual who ordered, caused, or 244
requested the removal to be made shall be present at the hearing. 245
If the superintendent or the principal reinstates a pupil 247
in a curricular activity under the teacher's supervision prior to 249
the hearing following a removal under this division, the teacher, 250
upon request, shall be given in writing the reasons for such 251
reinstatement.
(D) The superintendent or principal, within one school day 253
after the time of a pupil's expulsion or suspension, shall notify 254
in writing the parent, guardian, or custodian of the pupil and 255
the treasurer of the board of education of the expulsion or 256
suspension. The notice shall include the reasons for the 257
expulsion or suspension, notification of the right of the pupil 258
7
or the pupil's parent, guardian, or custodian to appeal the 259
expulsion or suspension to the board of education or to its 260
designee, to be represented in all appeal proceedings, to be 261
granted a hearing before the board or its designee in order to be 262
heard against the suspension or expulsion, and to request that 263
the hearing be held in executive session, notification that the 264
expulsion may be subject to extension pursuant to division (F) of 265
this section if the pupil is sixteen years of age or older, and 266
notification that the superintendent may seek the pupil's 267
permanent exclusion if the suspension or expulsion was based on a 268
violation listed in division (A) of section 3313.662 of the 269
Revised Code that was committed when the child was sixteen years 270
of age or older and if the pupil is convicted of or adjudicated a 271
delinquent child for that violation. 272
Any superintendent expelling a pupil under this section for 274
more than twenty school days or for any period of time if the 275
expulsion will extend into the following semester or school year 276
shall, in the notice required under this division, provide the 277
pupil and the pupil's parent, guardian, or custodian with 278
information about services or programs offered by public and 280
private agencies that work toward improving those aspects of the 281
pupil's attitudes and behavior that contributed to the incident 282
that gave rise to the pupil's expulsion. The information shall 283
include the names, addresses, and phone numbers of the 284
appropriate public and private agencies. 285
(E) A pupil or the pupil's parent, guardian, or custodian 287
may appeal the pupil's expulsion by a superintendent or 289
suspension by a superintendent, principal, assistant principal, 291
or other administrator to the board of education or to its 292
designee. The pupil or the pupil's parent, guardian, or 293
custodian may be represented in all appeal proceedings and shall 295
be granted a hearing before the board or its designee in order to 296
be heard against the suspension or expulsion. At the request of 297
the pupil or of the pupil's parent, guardian, custodian, or 298
8
attorney, the board or its designee may hold the hearing in 299
executive session but shall act upon the suspension or expulsion 300
only at a public meeting. The board, by a majority vote of its 301
full membership or by the action of its designee, may affirm the 302
order of suspension or expulsion, reinstate the pupil, or 303
otherwise reverse, vacate, or modify the order of suspension or 304
expulsion.
The board or its designee shall make a verbatim record of 306
hearings held under this division. The decisions of the board or 307
its designee may be appealed under Chapter 2506. of the Revised 308
Code. 309
This section shall not be construed to require notice and 311
hearing in accordance with division (A), (B), or (C) of this 312
section in the case of normal disciplinary procedures in which a 313
pupil is removed from a curricular activity for a period of less 315
than one school day and is not subject to suspension or 316
expulsion.
(F)(1) If a pupil is expelled pursuant to division (B) of 318
this section for committing any violation listed in division (A) 319
of section 3313.662 of the Revised Code and the pupil was sixteen 321
years of age or older at the time of committing the violation, if 322
a complaint is filed pursuant to section 2151.27 of the Revised 323
Code alleging that the pupil is a delinquent child based upon the 324
commission of the violation or the pupil is prosecuted as an 325
adult for the commission of the violation, and if the resultant 326
juvenile court or criminal proceeding is pending at the time that 327
the expulsion terminates, the superintendent of schools that 328
expelled the pupil may file a motion with the court in which the 329
proceeding is pending requesting an order extending the expulsion 330
for the lesser of an additional eighty days or the number of 331
school days remaining in the school year. Upon the filing of the 332
motion, the court immediately shall schedule a hearing and give 333
written notice of the time, date, and location of the hearing to 334
the superintendent and to the pupil and the pupil's parent, 335
9
guardian, or custodian. At the hearing, the court shall 337
determine whether there is reasonable cause to believe that the 338
pupil committed the alleged violation that is the basis of the 339
expulsion and, upon determining that reasonable cause to believe 340
the pupil committed the violation does exist, shall grant the 341
requested extension.
(2) If a pupil has been convicted of or adjudicated a 343
delinquent child for a violation listed in division (A) of 344
section 3313.662 of the Revised Code for an act that was 345
committed when the child was sixteen years of age or older, if 346
the pupil has been expelled pursuant to division (B) of this 347
section for that violation, and if the board of education of the 348
school district of the school from which the pupil was expelled 350
has adopted a resolution seeking the pupil's permanent exclusion, 351
the superintendent may file a motion with the court that
convicted the pupil or adjudicated the pupil a delinquent child 353
requesting an order to extend the expulsion until an adjudication 354
order or other determination regarding permanent exclusion is 355
issued by the superintendent of public instruction pursuant to 356
section 3301.121 and division (D) of section 3313.662 of the 357
Revised Code. Upon the filing of the motion, the court 358
immediately shall schedule a hearing and give written notice of 359
the time, date, and location of the hearing to the superintendent 360
of the school district, the pupil, and the pupil's parent, 361
guardian, or custodian. At the hearing, the court shall 362
determine whether there is reasonable cause to believe the 363
pupil's continued attendance in the public school system may 364
endanger the health and safety of other pupils or school 365
employees and, upon making that determination, shall grant the 366
requested extension.
(G) The failure of the superintendent or the board of 368
education to provide the information regarding the possibility of 369
permanent exclusion in the notice required by divisions (A), (B), 370
and (D) of this section is not jurisdictional, and the failure 371
10
shall not affect the validity of any suspension or expulsion 372
procedure that is conducted in accordance with this section or 373
the validity of a permanent exclusion procedure that is conducted 374
in accordance with sections 3301.121 and 3313.662 of the Revised 375
Code. 376
(H) With regard to suspensions and expulsions pursuant to 378
divisions (A) and (B) of this section by the board of education 379
of any city, exempted village, or local school district, this 380
section shall apply to any student, whether or not the student is 381
enrolled in the district, attending or otherwise participating in 382
any curricular program provided in a school operated by the board 383
or provided on any other property owned or controlled by the 384
board. 385
(I) Whenever a student is expelled under this section, the 387
expulsion shall result in removal of the student from the 388
student's regular school setting. However, during the period of 389
the expulsion, the board of education of the school district that 390
expelled the student or any board of education admitting the 391
student during that expulsion period may provide educational
services to the student in an alternative setting. 392
(J)(1) Notwithstanding section 3313.64 or 3313.65 of the 394
Revised Code, any school district, after offering an opportunity 397
for a hearing, may temporarily deny admittance to any pupil if 398
one of the following applies:
(a) The pupil has been suspended from the schools of 400
another district under division (A) of this section and the 401
period of suspension, as established under that division, has not 402
expired;
(b) The pupil has been expelled from the schools of 404
another district under division (B) of this section and the 405
period of the expulsion, as established under that division or as 406
extended under division (F) of this section, has not expired. 407
If a pupil is temporarily denied admission under this 410
division, the pupil shall be admitted to school in accordance 411
11
with section 3313.64 or 3313.65 of the Revised Code no later than
upon expiration of the suspension or expulsion period, as 413
applicable. 414
(2) Notwithstanding section 3313.64 or 3313.65 of the 416
Revised Code, any school district, after offering an opportunity 418
for a hearing, may temporarily deny admittance to any pupil if 419
the pupil has been expelled or otherwise removed for disciplinary 420
purposes from a public school in another state and the period of 421
expulsion or removal has not expired. If a pupil is temporarily 422
denied admission under this division, the pupil shall be admitted
to school in accordance with section 3313.64 or 3313.65 of the 423
Revised Code no later than the earlier of the following: 425
(a) Upon expiration of the expulsion or removal period 427
imposed by the out-of-state school; 428
(b) Upon expiration of a period established by the 430
district, beginning with the date of expulsion or removal from 431
the out-of-state school, that is no greater than the period of 432
expulsion that the pupil would have received under the policy 433
adopted by the district under section 3313.661 of the Revised 434
Code had the offense that gave rise to the expulsion or removal 436
by the out-of-state school been committed while the pupil was 437
enrolled in the district.
(K) As used in this section: 439
(1) "Permanently exclude" and "permanent exclusion" have 442
the same meanings as in section 3313.662 of the Revised Code. 443
(2) "In-school suspension" means the pupil will serve all 445
of the suspension in a school setting. 446
Sec. 3313.661. (A) The board of education of each city, 455
exempted village, and local school district shall adopt a policy 457
regarding suspension, expulsion, removal, and permanent exclusion 458
that specifies the types of misconduct for which a pupil may be 459
suspended, expelled, or removed. The types of misconduct may
include misconduct by a pupil that occurs off of property owned 460
or controlled by the district but that is connected to activities 461
12
or incidents that have occurred on property owned or controlled 462
by that district and misconduct by a pupil that, regardless of 463
where it occurs, is directed at a district official or employee, 464
or the property of such official or employee. The policy shall 465
specify the reasons for which the superintendent of the district 466
may reduce the expulsion requirement in division (B)(2) of 467
section 3313.66 of the Revised Code. If a board of education 469
adopts a resolution pursuant to division (B)(3) of section 470
3313.66 of the Revised Code, the policy shall define the term 471
"knife" or "firearm," as applicable, for purposes of expulsion 472
under that resolution and shall specify any reasons for which the 473
superintendent of the district may reduce any required expulsion 474
period on a case-by-case basis. If a board of education adopts a 475
resolution pursuant to division (B)(4) OR (5) of section 3313.66 476
of the Revised Code, the policy shall specify any reasons for 477
which the superintendent of the district may reduce any required 478
expulsion period on a case-by-case basis. The policy also shall 480
set forth the acts listed in section 3313.662 of the Revised Code 481
for which a pupil may be permanently excluded.
A copy of the policy shall be posted in a central location 483
in the school and made available to pupils upon request. No 484
pupil shall be suspended, expelled, or removed except in 485
accordance with the policy adopted by the board of education of 486
the school district in which the pupil attends school, and no 487
pupil shall be permanently excluded except in accordance with 488
sections 3301.121 and 3313.662 of the Revised Code. 489
(B) A board of education may establish a program and adopt 491
guidelines under which a superintendent may require a pupil to 492
perform community service in conjunction with a suspension or 494
expulsion imposed under section 3313.66 of the Revised Code or in 495
place of a suspension or expulsion imposed under section 3313.66 496
of the Revised Code except for an expulsion imposed pursuant to 497
division (B)(2) of that section. If a board adopts guidelines 498
under this division, they shall permit, except with regard to an 500
13
expulsion pursuant to division (B)(2) of section 3313.66 of the 501
Revised Code, a superintendent to impose a community service 502
requirement beyond the end of the school year in lieu of applying 503
the suspension or expulsion into the following school year. Any 504
guidelines adopted shall be included in the policy adopted under 505
this section. 506
(C) The written policy of each board of education that is 508
adopted pursuant to section 3313.20 of the Revised Code shall be 509
posted in a central location in each school that is subject to 510
the policy and shall be made available to pupils upon request. 511
(D) Any policy, program, or guideline adopted by a board 513
of education under this section with regard to suspensions or 514
expulsions pursuant to division (A) or (B) of section 3313.66 of 516
the Revised Code shall apply to any student, whether or not the
student is enrolled in the district, attending or otherwise 517
participating in any curricular program provided in a school 518
operated by the board or provided on any other property owned or 519
controlled by the board. 520
(E) As used in this section, "permanently exclude" and 522
"permanent exclusion" have the same meanings as in section 523
3313.662 of the Revised Code. 524
Section 2. That existing sections 3313.66 and 3313.661 of 526
the Revised Code are hereby repealed. 527