As Passed by the Senate 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-SENATORS HAGAN-GARDNER-HARRIS 13
_________________________________________________________________ 15
A B I L L
To amend sections 3313.66 and 3313.661 of the 17
Revised Code to permit a school district board to 18
adopt a resolution authorizing expulsion for up 19
to one year of any student making a bomb threat
to a school or a school activity. 20
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 22
Section 1. That sections 3313.66 and 3313.661 of the 24
Revised Code be amended to read as follows: 25
Sec. 3313.66. (A) Except as provided under division 34
(B)(2) of this section, the superintendent of schools of a city, 36
exempted village, or local school district, or the principal of a 37
public school may suspend a pupil from school for not more than 38
ten school days. The board of education of a city, exempted 39
village, or local school district may adopt a policy granting 40
assistant principals and other administrators the authority to 41
suspend a pupil from school for a period of time as specified in 42
the policy of the board of education, not to exceed ten school 43
days. If at the time a suspension is imposed there are fewer 45
than ten school days remaining in the school year in which the 46
incident that gives rise to the suspension takes place, the 47
superintendent may apply any remaining part or all of the period 48
2
of the suspension to the following school year. Except in the 49
case of a pupil given an in-school suspension, no pupil shall be 50
suspended unless prior to the suspension such superintendent or 51
principal does both of the following: 52
(1) Gives the pupil written notice of the intention to 54
suspend the pupil and the reasons for the intended suspension 56
and, if the proposed suspension is based on a violation listed in 57
division (A) of section 3313.662 of the Revised Code and if the 58
pupil is sixteen years of age or older, includes in the notice a 59
statement that the superintendent may seek to permanently exclude 60
the pupil if the pupil is convicted of or adjudicated a 61
delinquent child for that violation; 63
(2) Provides the pupil an opportunity to appear at an 65
informal hearing before the principal, assistant principal, 66
superintendent, or superintendent's designee and challenge the 67
reason for the intended suspension or otherwise to explain the 68
pupil's actions. 69
(B)(1) Except as provided under division (B)(2), (3), or 72
(4) of this section, the superintendent of schools of a city, 73
exempted village, or local school district may expel a pupil from 74
school for a period not to exceed the greater of eighty school 75
days or the number of school days remaining in the semester or 76
term in which the incident that gives rise to the expulsion takes 77
place, unless the expulsion is extended pursuant to division (F) 78
of this section. If at the time an expulsion is imposed there 79
are fewer than eighty school days remaining in the school year in 80
which the incident that gives rise to the expulsion takes place, 81
the superintendent may apply any remaining part or all of the 82
period of the expulsion to the following school year. 83
(2)(a) Unless a pupil is permanently excluded pursuant to 85
section 3313.662 of the Revised Code, the superintendent of 86
schools of a city, exempted village, or local school district 88
shall expel a pupil from school for a period of one year for 89
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 91
the board, except that the superintendent may reduce this 93
requirement on a case-by-case basis in accordance with the policy 94
adopted by the board under section 3313.661 of the Revised Code. 95
(b) The superintendent of schools of a city, exempted 97
village, or local school district may expel a pupil from school 98
for a period of one year for bringing a firearm to an 100
interscholastic competition, an extracurricular event, or any
other school program or activity that is not located in a school 102
or on property that is owned or controlled by the district. The 103
superintendent may reduce this disciplinary action on a 104
case-by-case basis in accordance with the policy adopted by the 105
board under section 3313.661 of the Revised Code.
(c) Any expulsion pursuant to division (B)(2) of this 108
section shall extend, as necessary, into the school year 109
following the school year in which the incident that gives rise 111
to the expulsion takes place. As used in this division, 112
"firearm" has the same meaning as provided pursuant to the 113
"Gun-Free Schools Act of 1994," 108 Stat. 270, 20 U.S.C. 114
8001(a)(2). 115
(3) The board of education of a city, exempted village, or 118
local school district may adopt a resolution authorizing the 119
superintendent of schools to expel a pupil from school for a 120
period not to exceed one year for bringing a knife to a school 121
operated by the board, onto any other property owned or 122
controlled by the board, or to an interscholastic competition, an 123
extracurricular event, or any other program or activity sponsored 124
by the school district or in which the district is a participant, 125
or for possessing a firearm or knife at a school, on any other 127
property owned or controlled by the board, or at an 129
interscholastic competition, an extracurricular event, or any
other school program or activity, which firearm or knife was 131
initially brought onto school board property by another person. 132
The resolution may authorize the superintendent to extend such an 133
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expulsion, as necessary, into the school year following the 134
school year in which the incident that gives rise to the 135
expulsion takes place.
(4) The board of education of a city, exempted village, or 138
local school district may adopt a resolution establishing a 139
policy under section 3313.661 of the Revised Code that authorizes 140
the superintendent of schools to expel a pupil from school for a 142
period not to exceed one year for committing an act that is a 143
criminal offense when committed by an adult and that results in 144
serious physical harm to persons as defined in division (A)(5) of 145
section 2901.01 of the Revised Code or serious physical harm to 148
property as defined in division (A)(6) of section 2901.01 of the 150
Revised Code while the pupil is at school, on any other property 152
owned or controlled by the board, or at an interscholastic 154
competition, an extracurricular event, or any other school 155
program or activity. Any expulsion under this division shall 156
extend, as necessary, into the school year following the school 158
year in which the incident that gives rise to the expulsion takes 159
place.
(5) THE BOARD OF EDUCATION OF ANY CITY, EXEMPTED VILLAGE, 161
OR LOCAL SCHOOL DISTRICT MAY ADOPT A RESOLUTION ESTABLISHING A 162
POLICY UNDER SECTION 3313.661 OF THE REVISED CODE THAT AUTHORIZES 163
THE SUPERINTENDENT OF SCHOOLS TO EXPEL A PUPIL FROM SCHOOL FOR A 164
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 165
OCCURRING AT THE TIME OF THE THREAT. ANY EXPULSION UNDER THIS 166
DIVISION SHALL EXTEND, AS NECESSARY, INTO THE SCHOOL YEAR 167
FOLLOWING THE SCHOOL YEAR IN WHICH THE INCIDENT THAT GIVES RISE 168
TO THE EXPULSION TAKES PLACE.
(6) No pupil shall be expelled under division (B)(1), (2), 170
(3), or (4), OR (5) of this section unless, prior to the pupil's 172
expulsion, the superintendent does both of the following: 173
(a) Gives the pupil and the pupil's parent, guardian, or 175
custodian written notice of the intention to expel the pupil; 177
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(b) Provides the pupil and the pupil's parent, guardian, 179
custodian, or representative an opportunity to appear in person 180
before the superintendent or the superintendent's designee to 182
challenge the reasons for the intended expulsion or otherwise to
explain the pupil's actions. 183
The notice required in this division shall include the 185
reasons for the intended expulsion, notification of the 186
opportunity of the pupil and the pupil's parent, guardian, 187
custodian, or representative to appear before the superintendent 189
or the superintendent's designee to challenge the reasons for the 190
intended expulsion or otherwise to explain the pupil's action, 192
and notification of the time and place to appear. The time to 193
appear shall not be earlier than three nor later than five school 194
days after the notice is given, unless the superintendent grants 195
an extension of time at the request of the pupil or the pupil's 196
parent, guardian, custodian, or representative. If an extension 197
is granted after giving the original notice, the superintendent 198
shall notify the pupil and the pupil's parent, guardian, 199
custodian, or representative of the new time and place to appear. 201
If the proposed expulsion is based on a violation listed in 202
division (A) of section 3313.662 of the Revised Code and if the 203
pupil is sixteen years of age or older, the notice shall include 204
a statement that the superintendent may seek to permanently 205
exclude the pupil if the pupil is convicted of or adjudicated a 206
delinquent child for that violation. 207
(6)(7) A superintendent of schools of a city, exempted 209
village, or local school district shall initiate expulsion 211
proceedings pursuant to this section with respect to any pupil 212
who has committed an act warranting expulsion under the 213
district's policy regarding expulsion even if the pupil has 214
withdrawn from school for any reason after the incident that 215
gives rise to the hearing but prior to the hearing or decision to 216
impose the expulsion. If, following the hearing, the pupil would 217
have been expelled for a period of time had the pupil still been 218
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enrolled in the school, the expulsion shall be imposed for the 220
same length of time as on a pupil who has not withdrawn from the
school. 221
(C) If a pupil's presence poses a continuing danger to 223
persons or property or an ongoing threat of disrupting the 224
academic process taking place either within a classroom or 225
elsewhere on the school premises, the superintendent or a 226
principal or assistant principal may remove a pupil from 227
curricular activities or from the school premises, and a teacher 229
may remove a pupil from curricular activities under the teacher's 230
supervision, without the notice and hearing requirements of 232
division (A) or (B) of this section. As soon as practicable 233
after making such a removal, the teacher shall submit in writing 234
to the principal the reasons for such removal. 235
If a pupil is removed under this division from a curricular 237
activity or from the school premises, written notice of the 239
hearing and of the reason for the removal shall be given to the 240
pupil as soon as practicable prior to the hearing, which shall be 241
held within three school days from the time the initial removal 242
is ordered. The hearing shall be held in accordance with 243
division (A) of this section unless it is probable that the pupil 244
may be subject to expulsion, in which case a hearing in 245
accordance with division (B) of this section shall be held, 246
except that the hearing shall be held within three school days of 247
the initial removal. The individual who ordered, caused, or 248
requested the removal to be made shall be present at the hearing. 249
If the superintendent or the principal reinstates a pupil 251
in a curricular activity under the teacher's supervision prior to 253
the hearing following a removal under this division, the teacher, 254
upon request, shall be given in writing the reasons for such 255
reinstatement.
(D) The superintendent or principal, within one school day 257
after the time of a pupil's expulsion or suspension, shall notify 258
in writing the parent, guardian, or custodian of the pupil and 259
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the treasurer of the board of education of the expulsion or 260
suspension. The notice shall include the reasons for the 261
expulsion or suspension, notification of the right of the pupil 262
or the pupil's parent, guardian, or custodian to appeal the 263
expulsion or suspension to the board of education or to its 264
designee, to be represented in all appeal proceedings, to be 265
granted a hearing before the board or its designee in order to be 266
heard against the suspension or expulsion, and to request that 267
the hearing be held in executive session, notification that the 268
expulsion may be subject to extension pursuant to division (F) of 269
this section if the pupil is sixteen years of age or older, and 270
notification that the superintendent may seek the pupil's 271
permanent exclusion if the suspension or expulsion was based on a 272
violation listed in division (A) of section 3313.662 of the 273
Revised Code that was committed when the child was sixteen years 274
of age or older and if the pupil is convicted of or adjudicated a 275
delinquent child for that violation. 276
Any superintendent expelling a pupil under this section for 278
more than twenty school days or for any period of time if the 279
expulsion will extend into the following semester or school year 280
shall, in the notice required under this division, provide the 281
pupil and the pupil's parent, guardian, or custodian with 282
information about services or programs offered by public and 284
private agencies that work toward improving those aspects of the 285
pupil's attitudes and behavior that contributed to the incident 286
that gave rise to the pupil's expulsion. The information shall 287
include the names, addresses, and phone numbers of the 288
appropriate public and private agencies. 289
(E) A pupil or the pupil's parent, guardian, or custodian 291
may appeal the pupil's expulsion by a superintendent or 293
suspension by a superintendent, principal, assistant principal, 295
or other administrator to the board of education or to its 296
designee. The pupil or the pupil's parent, guardian, or 297
custodian may be represented in all appeal proceedings and shall 299
8
be granted a hearing before the board or its designee in order to 300
be heard against the suspension or expulsion. At the request of 301
the pupil or of the pupil's parent, guardian, custodian, or 302
attorney, the board or its designee may hold the hearing in 303
executive session but shall act upon the suspension or expulsion 304
only at a public meeting. The board, by a majority vote of its 305
full membership or by the action of its designee, may affirm the 306
order of suspension or expulsion, reinstate the pupil, or 307
otherwise reverse, vacate, or modify the order of suspension or 308
expulsion.
The board or its designee shall make a verbatim record of 310
hearings held under this division. The decisions of the board or 311
its designee may be appealed under Chapter 2506. of the Revised 312
Code. 313
This section shall not be construed to require notice and 315
hearing in accordance with division (A), (B), or (C) of this 316
section in the case of normal disciplinary procedures in which a 317
pupil is removed from a curricular activity for a period of less 319
than one school day and is not subject to suspension or 320
expulsion.
(F)(1) If a pupil is expelled pursuant to division (B) of 322
this section for committing any violation listed in division (A) 323
of section 3313.662 of the Revised Code and the pupil was sixteen 325
years of age or older at the time of committing the violation, if 326
a complaint is filed pursuant to section 2151.27 of the Revised 327
Code alleging that the pupil is a delinquent child based upon the 328
commission of the violation or the pupil is prosecuted as an 329
adult for the commission of the violation, and if the resultant 330
juvenile court or criminal proceeding is pending at the time that 331
the expulsion terminates, the superintendent of schools that 332
expelled the pupil may file a motion with the court in which the 333
proceeding is pending requesting an order extending the expulsion 334
for the lesser of an additional eighty days or the number of 335
school days remaining in the school year. Upon the filing of the 336
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motion, the court immediately shall schedule a hearing and give 337
written notice of the time, date, and location of the hearing to 338
the superintendent and to the pupil and the pupil's parent, 339
guardian, or custodian. At the hearing, the court shall 341
determine whether there is reasonable cause to believe that the 342
pupil committed the alleged violation that is the basis of the 343
expulsion and, upon determining that reasonable cause to believe 344
the pupil committed the violation does exist, shall grant the 345
requested extension.
(2) If a pupil has been convicted of or adjudicated a 347
delinquent child for a violation listed in division (A) of 348
section 3313.662 of the Revised Code for an act that was 349
committed when the child was sixteen years of age or older, if 350
the pupil has been expelled pursuant to division (B) of this 351
section for that violation, and if the board of education of the 352
school district of the school from which the pupil was expelled 354
has adopted a resolution seeking the pupil's permanent exclusion, 355
the superintendent may file a motion with the court that
convicted the pupil or adjudicated the pupil a delinquent child 357
requesting an order to extend the expulsion until an adjudication 358
order or other determination regarding permanent exclusion is 359
issued by the superintendent of public instruction pursuant to 360
section 3301.121 and division (D) of section 3313.662 of the 361
Revised Code. Upon the filing of the motion, the court 362
immediately shall schedule a hearing and give written notice of 363
the time, date, and location of the hearing to the superintendent 364
of the school district, the pupil, and the pupil's parent, 365
guardian, or custodian. At the hearing, the court shall 366
determine whether there is reasonable cause to believe the 367
pupil's continued attendance in the public school system may 368
endanger the health and safety of other pupils or school 369
employees and, upon making that determination, shall grant the 370
requested extension.
(G) The failure of the superintendent or the board of 372
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education to provide the information regarding the possibility of 373
permanent exclusion in the notice required by divisions (A), (B), 374
and (D) of this section is not jurisdictional, and the failure 375
shall not affect the validity of any suspension or expulsion 376
procedure that is conducted in accordance with this section or 377
the validity of a permanent exclusion procedure that is conducted 378
in accordance with sections 3301.121 and 3313.662 of the Revised 379
Code. 380
(H) With regard to suspensions and expulsions pursuant to 382
divisions (A) and (B) of this section by the board of education 383
of any city, exempted village, or local school district, this 384
section shall apply to any student, whether or not the student is 385
enrolled in the district, attending or otherwise participating in 386
any curricular program provided in a school operated by the board 387
or provided on any other property owned or controlled by the 388
board. 389
(I) Whenever a student is expelled under this section, the 391
expulsion shall result in removal of the student from the 392
student's regular school setting. However, during the period of 393
the expulsion, the board of education of the school district that 394
expelled the student or any board of education admitting the 395
student during that expulsion period may provide educational
services to the student in an alternative setting. 396
(J)(1) Notwithstanding section 3313.64 or 3313.65 of the 398
Revised Code, any school district, after offering an opportunity 401
for a hearing, may temporarily deny admittance to any pupil if 402
one of the following applies:
(a) The pupil has been suspended from the schools of 404
another district under division (A) of this section and the 405
period of suspension, as established under that division, has not 406
expired;
(b) The pupil has been expelled from the schools of 408
another district under division (B) of this section and the 409
period of the expulsion, as established under that division or as 410
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extended under division (F) of this section, has not expired. 411
If a pupil is temporarily denied admission under this 414
division, the pupil shall be admitted to school in accordance 415
with section 3313.64 or 3313.65 of the Revised Code no later than
upon expiration of the suspension or expulsion period, as 417
applicable. 418
(2) Notwithstanding section 3313.64 or 3313.65 of the 420
Revised Code, any school district, after offering an opportunity 422
for a hearing, may temporarily deny admittance to any pupil if 423
the pupil has been expelled or otherwise removed for disciplinary 424
purposes from a public school in another state and the period of 425
expulsion or removal has not expired. If a pupil is temporarily 426
denied admission under this division, the pupil shall be admitted
to school in accordance with section 3313.64 or 3313.65 of the 427
Revised Code no later than the earlier of the following: 429
(a) Upon expiration of the expulsion or removal period 431
imposed by the out-of-state school; 432
(b) Upon expiration of a period established by the 434
district, beginning with the date of expulsion or removal from 435
the out-of-state school, that is no greater than the period of 436
expulsion that the pupil would have received under the policy 437
adopted by the district under section 3313.661 of the Revised 438
Code had the offense that gave rise to the expulsion or removal 440
by the out-of-state school been committed while the pupil was 441
enrolled in the district.
(K) As used in this section: 443
(1) "Permanently exclude" and "permanent exclusion" have 446
the same meanings as in section 3313.662 of the Revised Code. 447
(2) "In-school suspension" means the pupil will serve all 449
of the suspension in a school setting. 450
Sec. 3313.661. (A) The board of education of each city, 459
exempted village, and local school district shall adopt a policy 461
regarding suspension, expulsion, removal, and permanent exclusion 462
that specifies the types of misconduct for which a pupil may be 463
12
suspended, expelled, or removed. The types of misconduct may
include misconduct by a pupil that occurs off of property owned 464
or controlled by the district but that is connected to activities 465
or incidents that have occurred on property owned or controlled 466
by that district and misconduct by a pupil that, regardless of 467
where it occurs, is directed at a district official or employee, 468
or the property of such official or employee. The policy shall 469
specify the reasons for which the superintendent of the district 470
may reduce the expulsion requirement in division (B)(2) of 471
section 3313.66 of the Revised Code. If a board of education 473
adopts a resolution pursuant to division (B)(3) of section 474
3313.66 of the Revised Code, the policy shall define the term 475
"knife" or "firearm," as applicable, for purposes of expulsion 476
under that resolution and shall specify any reasons for which the 477
superintendent of the district may reduce any required expulsion 478
period on a case-by-case basis. If a board of education adopts a 479
resolution pursuant to division (B)(4) OR (5) of section 3313.66 480
of the Revised Code, the policy shall specify any reasons for 481
which the superintendent of the district may reduce any required 482
expulsion period on a case-by-case basis. The policy also shall 484
set forth the acts listed in section 3313.662 of the Revised Code 485
for which a pupil may be permanently excluded.
A copy of the policy shall be posted in a central location 487
in the school and made available to pupils upon request. No 488
pupil shall be suspended, expelled, or removed except in 489
accordance with the policy adopted by the board of education of 490
the school district in which the pupil attends school, and no 491
pupil shall be permanently excluded except in accordance with 492
sections 3301.121 and 3313.662 of the Revised Code. 493
(B) A board of education may establish a program and adopt 495
guidelines under which a superintendent may require a pupil to 496
perform community service in conjunction with a suspension or 498
expulsion imposed under section 3313.66 of the Revised Code or in 499
place of a suspension or expulsion imposed under section 3313.66 500
13
of the Revised Code except for an expulsion imposed pursuant to 501
division (B)(2) of that section. If a board adopts guidelines 502
under this division, they shall permit, except with regard to an 504
expulsion pursuant to division (B)(2) of section 3313.66 of the 505
Revised Code, a superintendent to impose a community service 506
requirement beyond the end of the school year in lieu of applying 507
the suspension or expulsion into the following school year. Any 508
guidelines adopted shall be included in the policy adopted under 509
this section. 510
(C) The written policy of each board of education that is 512
adopted pursuant to section 3313.20 of the Revised Code shall be 513
posted in a central location in each school that is subject to 514
the policy and shall be made available to pupils upon request. 515
(D) Any policy, program, or guideline adopted by a board 517
of education under this section with regard to suspensions or 518
expulsions pursuant to division (A) or (B) of section 3313.66 of 520
the Revised Code shall apply to any student, whether or not the
student is enrolled in the district, attending or otherwise 521
participating in any curricular program provided in a school 522
operated by the board or provided on any other property owned or 523
controlled by the board. 524
(E) As used in this section, "permanently exclude" and 526
"permanent exclusion" have the same meanings as in section 527
3313.662 of the Revised Code. 528
Section 2. That existing sections 3313.66 and 3313.661 of 530
the Revised Code are hereby repealed. 531