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
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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
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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
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(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
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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
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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
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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
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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
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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
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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