As Passed by the House                        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-SUTTON-JONES-CALLENDER-SULZER-        11           

      CAREY-MOTTLEY-BUCHY-A. CORE-ALLEN-AMSTUTZ-JOLIVETTE-         12           

                       PERRY-YOUNG-SALERNO                         13           


_________________________________________________________________   14           

                          A   B I L L                                           

             To amend sections 3313.66 and 3313.661 of the         16           

                Revised Code to permit a school district board to  17           

                adopt a resolution authorizing expulsion for up    18           

                to one year of any student making a bomb threat                 

                to a school or a school activity.                  19           




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        21           

      Section 1.  That sections 3313.66 and 3313.661 of the        23           

Revised Code be amended to read as follows:                        24           

      Sec. 3313.66.  (A)  Except as provided under division        33           

(B)(2) of this section, the superintendent of schools of a city,   35           

exempted village, or local school district, or the principal of a  36           

public school may suspend a pupil from school for not more than    37           

ten school days.  The board of education of a city, exempted       38           

village, or local school district may adopt a policy granting      39           

assistant principals and other administrators the authority to     40           

suspend a pupil from school for a period of time as specified in   41           

the policy of the board of education, not to exceed ten school     42           

days.  If at the time a suspension is imposed there are fewer      44           

than ten school days remaining in the school year in which the     45           

incident that gives rise to the suspension takes place, the        46           

superintendent may apply any remaining part or all of the period   47           

                                                          2      


                                                                 
of the suspension to the following school year.  Except in the     48           

case of a pupil given an in-school suspension, no pupil shall be   49           

suspended unless prior to the suspension such superintendent or    50           

principal does both of the following:                              51           

      (1)  Gives the pupil written notice of the intention to      53           

suspend the pupil and the reasons for the intended suspension      55           

and, if the proposed suspension is based on a violation listed in  56           

division (A) of section 3313.662 of the Revised Code and if the    57           

pupil is sixteen years of age or older, includes in the notice a   58           

statement that the superintendent may seek to permanently exclude  59           

the pupil if the pupil is convicted of or adjudicated a            60           

delinquent child for that violation;                               62           

      (2)  Provides the pupil an opportunity to appear at an       64           

informal hearing before the principal, assistant principal,        65           

superintendent, or superintendent's designee and challenge the     66           

reason for the intended suspension or otherwise to explain the     67           

pupil's actions.                                                   68           

      (B)(1)  Except as provided under division (B)(2), (3), or    71           

(4) of this section, the superintendent of schools of a city,      72           

exempted village, or local school district may expel a pupil from  73           

school for a period not to exceed the greater of eighty school     74           

days or the number of school days remaining in the semester or     75           

term in which the incident that gives rise to the expulsion takes  76           

place, unless the expulsion is extended pursuant to division (F)   77           

of this section.  If at the time an expulsion is imposed there     78           

are fewer than eighty school days remaining in the school year in  79           

which the incident that gives rise to the expulsion takes place,   80           

the superintendent may apply any remaining part or all of the      81           

period of the expulsion to the following school year.              82           

      (2)(a)  Unless a pupil is permanently excluded pursuant to   84           

section 3313.662 of the Revised Code, the superintendent of        85           

schools of a city, exempted village, or local school district      87           

shall expel a pupil from school for a period of one year for       88           

bringing a firearm to a school operated by the board of education               

                                                          3      


                                                                 
of the district or onto any other property owned or controlled by  90           

the board, except that the superintendent may reduce this          92           

requirement on a case-by-case basis in accordance with the policy  93           

adopted by the board under section 3313.661 of the Revised Code.   94           

      (b)  The superintendent of schools of a city, exempted       96           

village, or local school district may expel a pupil from school    97           

for a period of one year for bringing a firearm to an              99           

interscholastic competition, an extracurricular event, or any                   

other school program or activity that is not located in a school   101          

or on property that is owned or controlled by the district.  The   102          

superintendent may reduce this disciplinary action on a            103          

case-by-case basis in accordance with the policy adopted by the    104          

board under section 3313.661 of the Revised Code.                               

      (c)  Any expulsion pursuant to division (B)(2) of this       107          

section shall extend, as necessary, into the school year           108          

following the school year in which the incident that gives rise    110          

to the expulsion takes place.  As used in this division,           111          

"firearm" has the same meaning as provided pursuant to the         112          

"Gun-Free Schools Act of 1994," 108 Stat. 270, 20 U.S.C.           113          

8001(a)(2).                                                        114          

      (3)  The board of education of a city, exempted village, or  117          

local school district may adopt a resolution authorizing the       118          

superintendent of schools to expel a pupil from school for a       119          

period not to exceed one year for bringing a knife to a school     120          

operated by the board, onto any other property owned or            121          

controlled by the board, or to an interscholastic competition, an  122          

extracurricular event, or any other program or activity sponsored  123          

by the school district or in which the district is a participant,  124          

or for possessing a firearm or knife at a school, on any other     126          

property owned or controlled by the board, or at an                128          

interscholastic competition, an extracurricular event, or any                   

other school program or activity, which firearm or knife was       130          

initially brought onto school board property by another person.    131          

The resolution may authorize the superintendent to extend such an  132          

                                                          4      


                                                                 
expulsion, as necessary, into the school year following the        133          

school year in which the incident that gives rise to the           134          

expulsion takes place.                                                          

      (4)  The board of education of a city, exempted village, or  137          

local school district may adopt a resolution establishing a        138          

policy under section 3313.661 of the Revised Code that authorizes  139          

the superintendent of schools to expel a pupil from school for a   141          

period not to exceed one year for committing an act that is a      142          

criminal offense when committed by an adult and that results in    143          

serious physical harm to persons as defined in division (A)(5) of  144          

section 2901.01 of the Revised Code or serious physical harm to    147          

property as defined in division (A)(6) of section 2901.01 of the   149          

Revised Code while the pupil is at school, on any other property   151          

owned or controlled by the board, or at an interscholastic         153          

competition, an extracurricular event, or any other school         154          

program or activity.  Any expulsion under this division shall      155          

extend, as necessary, into the school year following the school    157          

year in which the incident that gives rise to the expulsion takes  158          

place.                                                                          

      (5)  THE BOARD OF EDUCATION OF ANY CITY, EXEMPTED VILLAGE,   160          

OR LOCAL SCHOOL DISTRICT MAY ADOPT A RESOLUTION ESTABLISHING A     161          

POLICY UNDER SECTION 3313.661 OF THE REVISED CODE THAT AUTHORIZES  162          

THE SUPERINTENDENT OF SCHOOLS TO EXPEL A PUPIL FROM SCHOOL FOR A   163          

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   164          

OCCURRING AT THE TIME OF THE THREAT.  ANY EXPULSION UNDER THIS     165          

DIVISION SHALL EXTEND, AS NECESSARY, INTO THE SCHOOL YEAR          166          

FOLLOWING THE SCHOOL YEAR IN WHICH THE INCIDENT THAT GIVES RISE    167          

TO THE EXPULSION TAKES PLACE.                                                   

      (6)  No pupil shall be expelled under division (B)(1), (2),  169          

(3), or (4), OR (5) of this section unless, prior to the pupil's   171          

expulsion, the superintendent does both of the following:          172          

      (a)  Gives the pupil and the pupil's parent, guardian, or    174          

custodian written notice of the intention to expel the pupil;      176          

                                                          5      


                                                                 
      (b)  Provides the pupil and the pupil's parent, guardian,    178          

custodian, or representative an opportunity to appear in person    179          

before the superintendent or the superintendent's designee to      181          

challenge the reasons for the intended expulsion or otherwise to                

explain the pupil's actions.                                       182          

      The notice required in this division shall include the       184          

reasons for the intended expulsion, notification of the            185          

opportunity of the pupil and the pupil's parent, guardian,         186          

custodian, or representative to appear before the superintendent   188          

or the superintendent's designee to challenge the reasons for the  189          

intended expulsion or otherwise to explain the pupil's action,     191          

and notification of the time and place to appear.  The time to     192          

appear shall not be earlier than three nor later than five school  193          

days after the notice is given, unless the superintendent grants   194          

an extension of time at the request of the pupil or the pupil's    195          

parent, guardian, custodian, or representative.  If an extension   196          

is granted after giving the original notice, the superintendent    197          

shall notify the pupil and the pupil's parent, guardian,           198          

custodian, or representative of the new time and place to appear.  200          

If the proposed expulsion is based on a violation listed in        201          

division (A) of section 3313.662 of the Revised Code and if the    202          

pupil is sixteen years of age or older, the notice shall include   203          

a statement that the superintendent may seek to permanently        204          

exclude the pupil if the pupil is convicted of or adjudicated a    205          

delinquent child for that violation.                               206          

      (6)(7)  A superintendent of schools of a city, exempted      208          

village, or local school district shall initiate expulsion         210          

proceedings pursuant to this section with respect to any pupil     211          

who has committed an act warranting expulsion under the            212          

district's policy regarding expulsion even if the pupil has        213          

withdrawn from school for any reason after the incident that       214          

gives rise to the hearing but prior to the hearing or decision to  215          

impose the expulsion.  If, following the hearing, the pupil would  216          

have been expelled for a period of time had the pupil still been   217          

                                                          6      


                                                                 
enrolled in the school, the expulsion shall be imposed for the     219          

same length of time as on a pupil who has not withdrawn from the                

school.                                                            220          

      (C)  If a pupil's presence poses a continuing danger to      222          

persons or property or an ongoing threat of disrupting the         223          

academic process taking place either within a classroom or         224          

elsewhere on the school premises, the superintendent or a          225          

principal or assistant principal may remove a pupil from           226          

curricular activities or from the school premises, and a teacher   228          

may remove a pupil from curricular activities under the teacher's  229          

supervision, without the notice and hearing requirements of        231          

division (A) or (B) of this section.  As soon as practicable       232          

after making such a removal, the teacher shall submit in writing   233          

to the principal the reasons for such removal.                     234          

      If a pupil is removed under this division from a curricular  236          

activity or from the school premises, written notice of the        238          

hearing and of the reason for the removal shall be given to the    239          

pupil as soon as practicable prior to the hearing, which shall be  240          

held within three school days from the time the initial removal    241          

is ordered.  The hearing shall be held in accordance with          242          

division (A) of this section unless it is probable that the pupil  243          

may be subject to expulsion, in which case a hearing in            244          

accordance with division (B) of this section shall be held,        245          

except that the hearing shall be held within three school days of  246          

the initial removal.  The individual who ordered, caused, or       247          

requested the removal to be made shall be present at the hearing.  248          

      If the superintendent or the principal reinstates a pupil    250          

in a curricular activity under the teacher's supervision prior to  252          

the hearing following a removal under this division, the teacher,  253          

upon request, shall be given in writing the reasons for such       254          

reinstatement.                                                                  

      (D)  The superintendent or principal, within one school day  256          

after the time of a pupil's expulsion or suspension, shall notify  257          

in writing the parent, guardian, or custodian of the pupil and     258          

                                                          7      


                                                                 
the treasurer of the board of education of the expulsion or        259          

suspension.  The notice shall include the reasons for the          260          

expulsion or suspension, notification of the right of the pupil    261          

or the pupil's parent, guardian, or custodian to appeal the        262          

expulsion or suspension to the board of education or to its        263          

designee, to be represented in all appeal proceedings, to be       264          

granted a hearing before the board or its designee in order to be  265          

heard against the suspension or expulsion, and to request that     266          

the hearing be held in executive session, notification that the    267          

expulsion may be subject to extension pursuant to division (F) of  268          

this section if the pupil is sixteen years of age or older, and    269          

notification that the superintendent may seek the pupil's          270          

permanent exclusion if the suspension or expulsion was based on a  271          

violation listed in division (A) of section 3313.662 of the        272          

Revised Code that was committed when the child was sixteen years   273          

of age or older and if the pupil is convicted of or adjudicated a  274          

delinquent child for that violation.                               275          

      Any superintendent expelling a pupil under this section for  277          

more than twenty school days or for any period of time if the      278          

expulsion will extend into the following semester or school year   279          

shall, in the notice required under this division, provide the     280          

pupil and the pupil's parent, guardian, or custodian with          281          

information about services or programs offered by public and       283          

private agencies that work toward improving those aspects of the   284          

pupil's attitudes and behavior that contributed to the incident    285          

that gave rise to the pupil's expulsion.  The information shall    286          

include the names, addresses, and phone numbers of the             287          

appropriate public and private agencies.                           288          

      (E)  A pupil or the pupil's parent, guardian, or custodian   290          

may appeal the pupil's expulsion by a superintendent or            292          

suspension by a superintendent, principal, assistant principal,    294          

or other administrator to the board of education or to its         295          

designee.  The pupil or the pupil's parent, guardian, or           296          

custodian may be represented in all appeal proceedings and shall   298          

                                                          8      


                                                                 
be granted a hearing before the board or its designee in order to  299          

be heard against the suspension or expulsion.  At the request of   300          

the pupil or of the pupil's parent, guardian, custodian, or        301          

attorney, the board or its designee may hold the hearing in        302          

executive session but shall act upon the suspension or expulsion   303          

only at a public meeting.  The board, by a majority vote of its    304          

full membership or by the action of its designee, may affirm the   305          

order of suspension or expulsion, reinstate the pupil, or          306          

otherwise reverse, vacate, or modify the order of suspension or    307          

expulsion.                                                                      

      The board or its designee shall make a verbatim record of    309          

hearings held under this division.  The decisions of the board or  310          

its designee may be appealed under Chapter 2506. of the Revised    311          

Code.                                                              312          

      This section shall not be construed to require notice and    314          

hearing in accordance with division (A), (B), or (C) of this       315          

section in the case of normal disciplinary procedures in which a   316          

pupil is removed from a curricular activity for a period of less   318          

than one school day and is not subject to suspension or            319          

expulsion.                                                                      

      (F)(1)  If a pupil is expelled pursuant to division (B) of   321          

this section for committing any violation listed in division (A)   322          

of section 3313.662 of the Revised Code and the pupil was sixteen  324          

years of age or older at the time of committing the violation, if  325          

a complaint is filed pursuant to section 2151.27 of the Revised    326          

Code alleging that the pupil is a delinquent child based upon the  327          

commission of the violation or the pupil is prosecuted as an       328          

adult for the commission of the violation, and if the resultant    329          

juvenile court or criminal proceeding is pending at the time that  330          

the expulsion terminates, the superintendent of schools that       331          

expelled the pupil may file a motion with the court in which the   332          

proceeding is pending requesting an order extending the expulsion  333          

for the lesser of an additional eighty days or the number of       334          

school days remaining in the school year.  Upon the filing of the  335          

                                                          9      


                                                                 
motion, the court immediately shall schedule a hearing and give    336          

written notice of the time, date, and location of the hearing to   337          

the superintendent and to the pupil and the pupil's parent,        338          

guardian, or custodian.  At the hearing, the court shall           340          

determine whether there is reasonable cause to believe that the    341          

pupil committed the alleged violation that is the basis of the     342          

expulsion and, upon determining that reasonable cause to believe   343          

the pupil committed the violation does exist, shall grant the      344          

requested extension.                                                            

      (2)  If a pupil has been convicted of or adjudicated a       346          

delinquent child for a violation listed in division (A) of         347          

section 3313.662 of the Revised Code for an act that was           348          

committed when the child was sixteen years of age or older, if     349          

the pupil has been expelled pursuant to division (B) of this       350          

section for that violation, and if the board of education of the   351          

school district of the school from which the pupil was expelled    353          

has adopted a resolution seeking the pupil's permanent exclusion,  354          

the superintendent may file a motion with the court that                        

convicted the pupil or adjudicated the pupil a delinquent child    356          

requesting an order to extend the expulsion until an adjudication  357          

order or other determination regarding permanent exclusion is      358          

issued by the superintendent of public instruction pursuant to     359          

section 3301.121 and division (D) of section 3313.662 of the       360          

Revised Code.  Upon the filing of the motion, the court            361          

immediately shall schedule a hearing and give written notice of    362          

the time, date, and location of the hearing to the superintendent  363          

of the school district, the pupil, and the pupil's parent,         364          

guardian, or custodian.  At the hearing, the court shall           365          

determine whether there is reasonable cause to believe the         366          

pupil's continued attendance in the public school system may       367          

endanger the health and safety of other pupils or school           368          

employees and, upon making that determination, shall grant the     369          

requested extension.                                                            

      (G)  The failure of the superintendent or the board of       371          

                                                          10     


                                                                 
education to provide the information regarding the possibility of  372          

permanent exclusion in the notice required by divisions (A), (B),  373          

and (D) of this section is not jurisdictional, and the failure     374          

shall not affect the validity of any suspension or expulsion       375          

procedure that is conducted in accordance with this section or     376          

the validity of a permanent exclusion procedure that is conducted  377          

in accordance with sections 3301.121 and 3313.662 of the Revised   378          

Code.                                                              379          

      (H)  With regard to suspensions and expulsions pursuant to   381          

divisions (A) and (B) of this section by the board of education    382          

of any city, exempted village, or local school district, this      383          

section shall apply to any student, whether or not the student is  384          

enrolled in the district, attending or otherwise participating in  385          

any curricular program provided in a school operated by the board  386          

or provided on any other property owned or controlled by the       387          

board.                                                             388          

      (I)  Whenever a student is expelled under this section, the  390          

expulsion shall result in removal of the student from the          391          

student's regular school setting.  However, during the period of   392          

the expulsion, the board of education of the school district that  393          

expelled the student or any board of education admitting the       394          

student during that expulsion period may provide educational                    

services to the student in an alternative setting.                 395          

      (J)(1)  Notwithstanding section 3313.64 or 3313.65 of the    397          

Revised Code, any school district, after offering an opportunity   400          

for a hearing, may temporarily deny admittance to any pupil if     401          

one of the following applies:                                                   

      (a)  The pupil has been suspended from the schools of        403          

another district under division (A) of this section and the        404          

period of suspension, as established under that division, has not  405          

expired;                                                                        

      (b)  The pupil has been expelled from the schools of         407          

another district under division (B) of this section and the        408          

period of the expulsion, as established under that division or as  409          

                                                          11     


                                                                 
extended under division (F) of this section, has not expired.      410          

      If a pupil is temporarily denied admission under this        413          

division, the pupil shall be admitted to school in accordance      414          

with section 3313.64 or 3313.65 of the Revised Code no later than               

upon expiration of the suspension or expulsion period, as          416          

applicable.                                                        417          

      (2)  Notwithstanding section 3313.64 or 3313.65 of the       419          

Revised Code, any school district, after offering an opportunity   421          

for a hearing, may temporarily deny admittance to any pupil if     422          

the pupil has been expelled or otherwise removed for disciplinary  423          

purposes from a public school in another state and the period of   424          

expulsion or removal has not expired.  If a pupil is temporarily   425          

denied admission under this division, the pupil shall be admitted               

to school in accordance with section 3313.64 or 3313.65 of the     426          

Revised Code no later than the earlier of the following:           428          

      (a)  Upon expiration of the expulsion or removal period      430          

imposed by the out-of-state school;                                431          

      (b)  Upon expiration of a period established by the          433          

district, beginning with the date of expulsion or removal from     434          

the out-of-state school, that is no greater than the period of     435          

expulsion that the pupil would have received under the policy      436          

adopted by the district under section 3313.661 of the Revised      437          

Code had the offense that gave rise to the expulsion or removal    439          

by the out-of-state school been committed while the pupil was      440          

enrolled in the district.                                                       

      (K)  As used in this section:                                442          

      (1)  "Permanently exclude" and "permanent exclusion" have    445          

the same meanings as in section 3313.662 of the Revised Code.      446          

      (2)  "In-school suspension" means the pupil will serve all   448          

of the suspension in a school setting.                             449          

      Sec. 3313.661.  (A)  The board of education of each city,    458          

exempted village, and local school district shall adopt a policy   460          

regarding suspension, expulsion, removal, and permanent exclusion  461          

that specifies the types of misconduct for which a pupil may be    462          

                                                          12     


                                                                 
suspended, expelled, or removed.  The types of misconduct may                   

include misconduct by a pupil that occurs off of property owned    463          

or controlled by the district but that is connected to activities  464          

or incidents that have occurred on property owned or controlled    465          

by that district and misconduct by a pupil that, regardless of     466          

where it occurs, is directed at a district official or employee,   467          

or the property of such official or employee.  The policy shall    468          

specify the reasons for which the superintendent of the district   469          

may reduce the expulsion requirement in division (B)(2) of         470          

section 3313.66 of the Revised Code.  If a board of education      472          

adopts a resolution pursuant to division (B)(3) of section         473          

3313.66 of the Revised Code, the policy shall define the term      474          

"knife" or "firearm," as applicable, for purposes of expulsion     475          

under that resolution and shall specify any reasons for which the  476          

superintendent of the district may reduce any required expulsion   477          

period on a case-by-case basis.  If a board of education adopts a  478          

resolution pursuant to division (B)(4) OR (5) of section 3313.66   479          

of the Revised Code, the policy shall specify any reasons for      480          

which the superintendent of the district may reduce any required   481          

expulsion period on a case-by-case basis.  The policy also shall   483          

set forth the acts listed in section 3313.662 of the Revised Code  484          

for which a pupil may be permanently excluded.                                  

      A copy of the policy shall be posted in a central location   486          

in the school and made available to pupils upon request.  No       487          

pupil shall be suspended, expelled, or removed except in           488          

accordance with the policy adopted by the board of education of    489          

the school district in which the pupil attends school, and no      490          

pupil shall be permanently excluded except in accordance with      491          

sections 3301.121 and 3313.662 of the Revised Code.                492          

      (B)  A board of education may establish a program and adopt  494          

guidelines under which a superintendent may require a pupil to     495          

perform community service in conjunction with a suspension or      497          

expulsion imposed under section 3313.66 of the Revised Code or in  498          

place of a suspension or expulsion imposed under section 3313.66   499          

                                                          13     


                                                                 
of the Revised Code except for an expulsion imposed pursuant to    500          

division (B)(2) of that section.  If a board adopts guidelines     501          

under this division, they shall permit, except with regard to an   503          

expulsion pursuant to division (B)(2) of section 3313.66 of the    504          

Revised Code, a superintendent to impose a community service       505          

requirement beyond the end of the school year in lieu of applying  506          

the suspension or expulsion into the following school year.  Any   507          

guidelines adopted shall be included in the policy adopted under   508          

this section.                                                      509          

      (C)  The written policy of each board of education that is   511          

adopted pursuant to section 3313.20 of the Revised Code shall be   512          

posted in a central location in each school that is subject to     513          

the policy and shall be made available to pupils upon request.     514          

      (D)  Any policy, program, or guideline adopted by a board    516          

of education under this section with regard to suspensions or      517          

expulsions pursuant to division (A) or (B) of section 3313.66 of   519          

the Revised Code shall apply to any student, whether or not the                 

student is enrolled in the district, attending or otherwise        520          

participating in any curricular program provided in a school       521          

operated by the board or provided on any other property owned or   522          

controlled by the board.                                           523          

      (E)  As used in this section, "permanently exclude" and      525          

"permanent exclusion" have the same meanings as in section         526          

3313.662 of the Revised Code.                                      527          

      Section 2.  That existing sections 3313.66 and 3313.661 of   529          

the Revised Code are hereby repealed.                              530