As Reported by House Education Committee 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-WINKLER-ROMAN- 10
PETERSON-SMITH-BRADING 11
_________________________________________________________________ 12
A B I L L
To amend sections 3313.66 and 3313.661 of the 14
Revised Code to permit a school district board to 15
adopt a resolution authorizing expulsion for up 16
to one year of any student making a bomb threat
to a school or a school activity. 17
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 19
Section 1. That sections 3313.66 and 3313.661 of the 21
Revised Code be amended to read as follows: 22
Sec. 3313.66. (A) Except as provided under division 31
(B)(2) of this section, the superintendent of schools of a city, 33
exempted village, or local school district, or the principal of a 34
public school may suspend a pupil from school for not more than 35
ten school days. The board of education of a city, exempted 36
village, or local school district may adopt a policy granting 37
assistant principals and other administrators the authority to 38
suspend a pupil from school for a period of time as specified in 39
the policy of the board of education, not to exceed ten school 40
days. If at the time a suspension is imposed there are fewer 42
than ten school days remaining in the school year in which the 43
incident that gives rise to the suspension takes place, the 44
superintendent may apply any remaining part or all of the period 45
of the suspension to the following school year. Except in the 46
case of a pupil given an in-school suspension, no pupil shall be 47
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suspended unless prior to the suspension such superintendent or 48
principal does both of the following: 49
(1) Gives the pupil written notice of the intention to 51
suspend the pupil and the reasons for the intended suspension 53
and, if the proposed suspension is based on a violation listed in 54
division (A) of section 3313.662 of the Revised Code and if the 55
pupil is sixteen years of age or older, includes in the notice a 56
statement that the superintendent may seek to permanently exclude 57
the pupil if the pupil is convicted of or adjudicated a 58
delinquent child for that violation; 60
(2) Provides the pupil an opportunity to appear at an 62
informal hearing before the principal, assistant principal, 63
superintendent, or superintendent's designee and challenge the 64
reason for the intended suspension or otherwise to explain the 65
pupil's actions. 66
(B)(1) Except as provided under division (B)(2), (3), or 69
(4) of this section, the superintendent of schools of a city, 70
exempted village, or local school district may expel a pupil from 71
school for a period not to exceed the greater of eighty school 72
days or the number of school days remaining in the semester or 73
term in which the incident that gives rise to the expulsion takes 74
place, unless the expulsion is extended pursuant to division (F) 75
of this section. If at the time an expulsion is imposed there 76
are fewer than eighty school days remaining in the school year in 77
which the incident that gives rise to the expulsion takes place, 78
the superintendent may apply any remaining part or all of the 79
period of the expulsion to the following school year. 80
(2)(a) Unless a pupil is permanently excluded pursuant to 82
section 3313.662 of the Revised Code, the superintendent of 83
schools of a city, exempted village, or local school district 85
shall expel a pupil from school for a period of one year for 86
bringing a firearm to a school operated by the board of education
of the district or onto any other property owned or controlled by 88
the board, except that the superintendent may reduce this 90
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requirement on a case-by-case basis in accordance with the policy 91
adopted by the board under section 3313.661 of the Revised Code. 92
(b) The superintendent of schools of a city, exempted 94
village, or local school district may expel a pupil from school 95
for a period of one year for bringing a firearm to an 97
interscholastic competition, an extracurricular event, or any
other school program or activity that is not located in a school 99
or on property that is owned or controlled by the district. The 100
superintendent may reduce this disciplinary action on a 101
case-by-case basis in accordance with the policy adopted by the 102
board under section 3313.661 of the Revised Code.
(c) Any expulsion pursuant to division (B)(2) of this 105
section shall extend, as necessary, into the school year 106
following the school year in which the incident that gives rise 108
to the expulsion takes place. As used in this division, 109
"firearm" has the same meaning as provided pursuant to the 110
"Gun-Free Schools Act of 1994," 108 Stat. 270, 20 U.S.C. 111
8001(a)(2). 112
(3) The board of education of a city, exempted village, or 115
local school district may adopt a resolution authorizing the 116
superintendent of schools to expel a pupil from school for a 117
period not to exceed one year for bringing a knife to a school 118
operated by the board, onto any other property owned or 119
controlled by the board, or to an interscholastic competition, an 120
extracurricular event, or any other program or activity sponsored 121
by the school district or in which the district is a participant, 122
or for possessing a firearm or knife at a school, on any other 124
property owned or controlled by the board, or at an 126
interscholastic competition, an extracurricular event, or any
other school program or activity, which firearm or knife was 128
initially brought onto school board property by another person. 129
The resolution may authorize the superintendent to extend such an 130
expulsion, as necessary, into the school year following the 131
school year in which the incident that gives rise to the 132
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expulsion takes place.
(4) The board of education of a city, exempted village, or 135
local school district may adopt a resolution establishing a 136
policy under section 3313.661 of the Revised Code that authorizes 137
the superintendent of schools to expel a pupil from school for a 139
period not to exceed one year for committing an act that is a 140
criminal offense when committed by an adult and that results in 141
serious physical harm to persons as defined in division (A)(5) of 142
section 2901.01 of the Revised Code or serious physical harm to 145
property as defined in division (A)(6) of section 2901.01 of the 147
Revised Code while the pupil is at school, on any other property 149
owned or controlled by the board, or at an interscholastic 151
competition, an extracurricular event, or any other school 152
program or activity. Any expulsion under this division shall 153
extend, as necessary, into the school year following the school 155
year in which the incident that gives rise to the expulsion takes 156
place.
(5) THE BOARD OF EDUCATION OF ANY CITY, EXEMPTED VILLAGE, 158
OR LOCAL SCHOOL DISTRICT MAY ADOPT A RESOLUTION ESTABLISHING A 159
POLICY UNDER SECTION 3313.661 OF THE REVISED CODE THAT AUTHORIZES 160
THE SUPERINTENDENT OF SCHOOLS TO EXPEL A PUPIL FROM SCHOOL FOR A 161
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 162
OCCURRING AT THE TIME OF THE THREAT. ANY EXPULSION UNDER THIS 163
DIVISION SHALL EXTEND, AS NECESSARY, INTO THE SCHOOL YEAR 164
FOLLOWING THE SCHOOL YEAR IN WHICH THE INCIDENT THAT GIVES RISE 165
TO THE EXPULSION TAKES PLACE.
(6) No pupil shall be expelled under division (B)(1), (2), 167
(3), or (4), OR (5) of this section unless, prior to the pupil's 169
expulsion, the superintendent does both of the following: 170
(a) Gives the pupil and the pupil's parent, guardian, or 172
custodian written notice of the intention to expel the pupil; 174
(b) Provides the pupil and the pupil's parent, guardian, 176
custodian, or representative an opportunity to appear in person 177
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before the superintendent or the superintendent's designee to 179
challenge the reasons for the intended expulsion or otherwise to
explain the pupil's actions. 180
The notice required in this division shall include the 182
reasons for the intended expulsion, notification of the 183
opportunity of the pupil and the pupil's parent, guardian, 184
custodian, or representative to appear before the superintendent 186
or the superintendent's designee to challenge the reasons for the 187
intended expulsion or otherwise to explain the pupil's action, 189
and notification of the time and place to appear. The time to 190
appear shall not be earlier than three nor later than five school 191
days after the notice is given, unless the superintendent grants 192
an extension of time at the request of the pupil or the pupil's 193
parent, guardian, custodian, or representative. If an extension 194
is granted after giving the original notice, the superintendent 195
shall notify the pupil and the pupil's parent, guardian, 196
custodian, or representative of the new time and place to appear. 198
If the proposed expulsion is based on a violation listed in 199
division (A) of section 3313.662 of the Revised Code and if the 200
pupil is sixteen years of age or older, the notice shall include 201
a statement that the superintendent may seek to permanently 202
exclude the pupil if the pupil is convicted of or adjudicated a 203
delinquent child for that violation. 204
(6)(7) A superintendent of schools of a city, exempted 206
village, or local school district shall initiate expulsion 208
proceedings pursuant to this section with respect to any pupil 209
who has committed an act warranting expulsion under the 210
district's policy regarding expulsion even if the pupil has 211
withdrawn from school for any reason after the incident that 212
gives rise to the hearing but prior to the hearing or decision to 213
impose the expulsion. If, following the hearing, the pupil would 214
have been expelled for a period of time had the pupil still been 215
enrolled in the school, the expulsion shall be imposed for the 217
same length of time as on a pupil who has not withdrawn from the
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school. 218
(C) If a pupil's presence poses a continuing danger to 220
persons or property or an ongoing threat of disrupting the 221
academic process taking place either within a classroom or 222
elsewhere on the school premises, the superintendent or a 223
principal or assistant principal may remove a pupil from 224
curricular activities or from the school premises, and a teacher 226
may remove a pupil from curricular activities under the teacher's 227
supervision, without the notice and hearing requirements of 229
division (A) or (B) of this section. As soon as practicable 230
after making such a removal, the teacher shall submit in writing 231
to the principal the reasons for such removal. 232
If a pupil is removed under this division from a curricular 234
activity or from the school premises, written notice of the 236
hearing and of the reason for the removal shall be given to the 237
pupil as soon as practicable prior to the hearing, which shall be 238
held within three school days from the time the initial removal 239
is ordered. The hearing shall be held in accordance with 240
division (A) of this section unless it is probable that the pupil 241
may be subject to expulsion, in which case a hearing in 242
accordance with division (B) of this section shall be held, 243
except that the hearing shall be held within three school days of 244
the initial removal. The individual who ordered, caused, or 245
requested the removal to be made shall be present at the hearing. 246
If the superintendent or the principal reinstates a pupil 248
in a curricular activity under the teacher's supervision prior to 250
the hearing following a removal under this division, the teacher, 251
upon request, shall be given in writing the reasons for such 252
reinstatement.
(D) The superintendent or principal, within one school day 254
after the time of a pupil's expulsion or suspension, shall notify 255
in writing the parent, guardian, or custodian of the pupil and 256
the treasurer of the board of education of the expulsion or 257
suspension. The notice shall include the reasons for the 258
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expulsion or suspension, notification of the right of the pupil 259
or the pupil's parent, guardian, or custodian to appeal the 260
expulsion or suspension to the board of education or to its 261
designee, to be represented in all appeal proceedings, to be 262
granted a hearing before the board or its designee in order to be 263
heard against the suspension or expulsion, and to request that 264
the hearing be held in executive session, notification that the 265
expulsion may be subject to extension pursuant to division (F) of 266
this section if the pupil is sixteen years of age or older, and 267
notification that the superintendent may seek the pupil's 268
permanent exclusion if the suspension or expulsion was based on a 269
violation listed in division (A) of section 3313.662 of the 270
Revised Code that was committed when the child was sixteen years 271
of age or older and if the pupil is convicted of or adjudicated a 272
delinquent child for that violation. 273
Any superintendent expelling a pupil under this section for 275
more than twenty school days or for any period of time if the 276
expulsion will extend into the following semester or school year 277
shall, in the notice required under this division, provide the 278
pupil and the pupil's parent, guardian, or custodian with 279
information about services or programs offered by public and 281
private agencies that work toward improving those aspects of the 282
pupil's attitudes and behavior that contributed to the incident 283
that gave rise to the pupil's expulsion. The information shall 284
include the names, addresses, and phone numbers of the 285
appropriate public and private agencies. 286
(E) A pupil or the pupil's parent, guardian, or custodian 288
may appeal the pupil's expulsion by a superintendent or 290
suspension by a superintendent, principal, assistant principal, 292
or other administrator to the board of education or to its 293
designee. The pupil or the pupil's parent, guardian, or 294
custodian may be represented in all appeal proceedings and shall 296
be granted a hearing before the board or its designee in order to 297
be heard against the suspension or expulsion. At the request of 298
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the pupil or of the pupil's parent, guardian, custodian, or 299
attorney, the board or its designee may hold the hearing in 300
executive session but shall act upon the suspension or expulsion 301
only at a public meeting. The board, by a majority vote of its 302
full membership or by the action of its designee, may affirm the 303
order of suspension or expulsion, reinstate the pupil, or 304
otherwise reverse, vacate, or modify the order of suspension or 305
expulsion.
The board or its designee shall make a verbatim record of 307
hearings held under this division. The decisions of the board or 308
its designee may be appealed under Chapter 2506. of the Revised 309
Code. 310
This section shall not be construed to require notice and 312
hearing in accordance with division (A), (B), or (C) of this 313
section in the case of normal disciplinary procedures in which a 314
pupil is removed from a curricular activity for a period of less 316
than one school day and is not subject to suspension or 317
expulsion.
(F)(1) If a pupil is expelled pursuant to division (B) of 319
this section for committing any violation listed in division (A) 320
of section 3313.662 of the Revised Code and the pupil was sixteen 322
years of age or older at the time of committing the violation, if 323
a complaint is filed pursuant to section 2151.27 of the Revised 324
Code alleging that the pupil is a delinquent child based upon the 325
commission of the violation or the pupil is prosecuted as an 326
adult for the commission of the violation, and if the resultant 327
juvenile court or criminal proceeding is pending at the time that 328
the expulsion terminates, the superintendent of schools that 329
expelled the pupil may file a motion with the court in which the 330
proceeding is pending requesting an order extending the expulsion 331
for the lesser of an additional eighty days or the number of 332
school days remaining in the school year. Upon the filing of the 333
motion, the court immediately shall schedule a hearing and give 334
written notice of the time, date, and location of the hearing to 335
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the superintendent and to the pupil and the pupil's parent, 336
guardian, or custodian. At the hearing, the court shall 338
determine whether there is reasonable cause to believe that the 339
pupil committed the alleged violation that is the basis of the 340
expulsion and, upon determining that reasonable cause to believe 341
the pupil committed the violation does exist, shall grant the 342
requested extension.
(2) If a pupil has been convicted of or adjudicated a 344
delinquent child for a violation listed in division (A) of 345
section 3313.662 of the Revised Code for an act that was 346
committed when the child was sixteen years of age or older, if 347
the pupil has been expelled pursuant to division (B) of this 348
section for that violation, and if the board of education of the 349
school district of the school from which the pupil was expelled 351
has adopted a resolution seeking the pupil's permanent exclusion, 352
the superintendent may file a motion with the court that
convicted the pupil or adjudicated the pupil a delinquent child 354
requesting an order to extend the expulsion until an adjudication 355
order or other determination regarding permanent exclusion is 356
issued by the superintendent of public instruction pursuant to 357
section 3301.121 and division (D) of section 3313.662 of the 358
Revised Code. Upon the filing of the motion, the court 359
immediately shall schedule a hearing and give written notice of 360
the time, date, and location of the hearing to the superintendent 361
of the school district, the pupil, and the pupil's parent, 362
guardian, or custodian. At the hearing, the court shall 363
determine whether there is reasonable cause to believe the 364
pupil's continued attendance in the public school system may 365
endanger the health and safety of other pupils or school 366
employees and, upon making that determination, shall grant the 367
requested extension.
(G) The failure of the superintendent or the board of 369
education to provide the information regarding the possibility of 370
permanent exclusion in the notice required by divisions (A), (B), 371
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and (D) of this section is not jurisdictional, and the failure 372
shall not affect the validity of any suspension or expulsion 373
procedure that is conducted in accordance with this section or 374
the validity of a permanent exclusion procedure that is conducted 375
in accordance with sections 3301.121 and 3313.662 of the Revised 376
Code. 377
(H) With regard to suspensions and expulsions pursuant to 379
divisions (A) and (B) of this section by the board of education 380
of any city, exempted village, or local school district, this 381
section shall apply to any student, whether or not the student is 382
enrolled in the district, attending or otherwise participating in 383
any curricular program provided in a school operated by the board 384
or provided on any other property owned or controlled by the 385
board. 386
(I) Whenever a student is expelled under this section, the 388
expulsion shall result in removal of the student from the 389
student's regular school setting. However, during the period of 390
the expulsion, the board of education of the school district that 391
expelled the student or any board of education admitting the 392
student during that expulsion period may provide educational
services to the student in an alternative setting. 393
(J)(1) Notwithstanding section 3313.64 or 3313.65 of the 395
Revised Code, any school district, after offering an opportunity 398
for a hearing, may temporarily deny admittance to any pupil if 399
one of the following applies:
(a) The pupil has been suspended from the schools of 401
another district under division (A) of this section and the 402
period of suspension, as established under that division, has not 403
expired;
(b) The pupil has been expelled from the schools of 405
another district under division (B) of this section and the 406
period of the expulsion, as established under that division or as 407
extended under division (F) of this section, has not expired. 408
If a pupil is temporarily denied admission under this 411
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division, the pupil shall be admitted to school in accordance 412
with section 3313.64 or 3313.65 of the Revised Code no later than
upon expiration of the suspension or expulsion period, as 414
applicable. 415
(2) Notwithstanding section 3313.64 or 3313.65 of the 417
Revised Code, any school district, after offering an opportunity 419
for a hearing, may temporarily deny admittance to any pupil if 420
the pupil has been expelled or otherwise removed for disciplinary 421
purposes from a public school in another state and the period of 422
expulsion or removal has not expired. If a pupil is temporarily 423
denied admission under this division, the pupil shall be admitted
to school in accordance with section 3313.64 or 3313.65 of the 424
Revised Code no later than the earlier of the following: 426
(a) Upon expiration of the expulsion or removal period 428
imposed by the out-of-state school; 429
(b) Upon expiration of a period established by the 431
district, beginning with the date of expulsion or removal from 432
the out-of-state school, that is no greater than the period of 433
expulsion that the pupil would have received under the policy 434
adopted by the district under section 3313.661 of the Revised 435
Code had the offense that gave rise to the expulsion or removal 437
by the out-of-state school been committed while the pupil was 438
enrolled in the district.
(K) As used in this section: 440
(1) "Permanently exclude" and "permanent exclusion" have 443
the same meanings as in section 3313.662 of the Revised Code. 444
(2) "In-school suspension" means the pupil will serve all 446
of the suspension in a school setting. 447
Sec. 3313.661. (A) The board of education of each city, 456
exempted village, and local school district shall adopt a policy 458
regarding suspension, expulsion, removal, and permanent exclusion 459
that specifies the types of misconduct for which a pupil may be 460
suspended, expelled, or removed. The types of misconduct may
include misconduct by a pupil that occurs off of property owned 461
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or controlled by the district but that is connected to activities 462
or incidents that have occurred on property owned or controlled 463
by that district and misconduct by a pupil that, regardless of 464
where it occurs, is directed at a district official or employee, 465
or the property of such official or employee. The policy shall 466
specify the reasons for which the superintendent of the district 467
may reduce the expulsion requirement in division (B)(2) of 468
section 3313.66 of the Revised Code. If a board of education 470
adopts a resolution pursuant to division (B)(3) of section 471
3313.66 of the Revised Code, the policy shall define the term 472
"knife" or "firearm," as applicable, for purposes of expulsion 473
under that resolution and shall specify any reasons for which the 474
superintendent of the district may reduce any required expulsion 475
period on a case-by-case basis. If a board of education adopts a 476
resolution pursuant to division (B)(4) OR (5) of section 3313.66 477
of the Revised Code, the policy shall specify any reasons for 478
which the superintendent of the district may reduce any required 479
expulsion period on a case-by-case basis. The policy also shall 481
set forth the acts listed in section 3313.662 of the Revised Code 482
for which a pupil may be permanently excluded.
A copy of the policy shall be posted in a central location 484
in the school and made available to pupils upon request. No 485
pupil shall be suspended, expelled, or removed except in 486
accordance with the policy adopted by the board of education of 487
the school district in which the pupil attends school, and no 488
pupil shall be permanently excluded except in accordance with 489
sections 3301.121 and 3313.662 of the Revised Code. 490
(B) A board of education may establish a program and adopt 492
guidelines under which a superintendent may require a pupil to 493
perform community service in conjunction with a suspension or 495
expulsion imposed under section 3313.66 of the Revised Code or in 496
place of a suspension or expulsion imposed under section 3313.66 497
of the Revised Code except for an expulsion imposed pursuant to 498
division (B)(2) of that section. If a board adopts guidelines 499
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under this division, they shall permit, except with regard to an 501
expulsion pursuant to division (B)(2) of section 3313.66 of the 502
Revised Code, a superintendent to impose a community service 503
requirement beyond the end of the school year in lieu of applying 504
the suspension or expulsion into the following school year. Any 505
guidelines adopted shall be included in the policy adopted under 506
this section. 507
(C) The written policy of each board of education that is 509
adopted pursuant to section 3313.20 of the Revised Code shall be 510
posted in a central location in each school that is subject to 511
the policy and shall be made available to pupils upon request. 512
(D) Any policy, program, or guideline adopted by a board 514
of education under this section with regard to suspensions or 515
expulsions pursuant to division (A) or (B) of section 3313.66 of 517
the Revised Code shall apply to any student, whether or not the
student is enrolled in the district, attending or otherwise 518
participating in any curricular program provided in a school 519
operated by the board or provided on any other property owned or 520
controlled by the board. 521
(E) As used in this section, "permanently exclude" and 523
"permanent exclusion" have the same meanings as in section 524
3313.662 of the Revised Code. 525
Section 2. That existing sections 3313.66 and 3313.661 of 527
the Revised Code are hereby repealed. 528