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As Passed by the House
123rd General Assembly
Regular Session
1999-2000 | H. B. No. 620 |
REPRESENTATIVES CATES-BRITTON-BUEHRER-CALVERT-CLANCY-DePIERO-
EVANS-FORD-GOODMAN-GRENDELL-HARTNETT-HOOD-PRINGLE-
TERWILLEGER-TIBERI-VESPER-WIDENER-WINKLER-ROMAN-
PETERSON-SMITH-BRADING-SUTTON-JONES-CALLENDER-SULZER-
CAREY-MOTTLEY-BUCHY-A. CORE-ALLEN-AMSTUTZ-JOLIVETTE-
PERRY-YOUNG-SALERNO
A BILL
To amend sections 3313.66 and 3313.661 of the Revised Code to
permit a school district board to adopt a resolution authorizing expulsion for
up to one year of any student making a bomb threat to a school or a school
activity.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 3313.66 and 3313.661 of the Revised Code be amended
to read as follows:
Sec. 3313.66. (A) Except as provided under division
(B)(2) of this section, the superintendent of schools of a
city, exempted village, or local school district, or the
principal of a public school may suspend a pupil from school for
not more than ten school days. The board of
education of a city, exempted village, or local school district
may adopt a policy granting assistant principals and other
administrators the authority to suspend a pupil from school for
a period of time as specified in the policy of the board of
education, not to exceed ten school days. If at the time a
suspension is
imposed there are fewer than ten school days remaining in the
school year in which the incident that gives rise to the
suspension takes place, the superintendent may apply any
remaining part or all of the period of the suspension to the
following school year. Except in the case of a pupil given an
in-school suspension, no pupil shall be suspended unless prior
to the suspension such superintendent or principal does both of
the following:
(1) Gives the pupil written notice of the intention to
suspend the pupil and the reasons for the intended
suspension and, if
the proposed suspension is based on a violation listed in
division (A) of section 3313.662 of the Revised Code and if the
pupil is sixteen years of age or older, includes in the notice a
statement that the superintendent may seek to permanently exclude
the pupil if the pupil is convicted of or adjudicated a
delinquent child
for that violation;
(2) Provides the pupil an opportunity to appear at an
informal hearing before the principal, assistant principal,
superintendent, or superintendent's designee and challenge the
reason for the intended suspension or otherwise to explain the
pupil's actions.
(B)(1) Except as provided under division (B)(2), (3),
or (4) of this section, the
superintendent of schools of a city, exempted village, or local school
district may expel a pupil from school
for a period not to exceed the greater of eighty school days or
the number of school days remaining in the semester or term in
which the incident that gives rise to the expulsion takes place,
unless the expulsion is extended pursuant to division (F) of this
section. If at the time an expulsion is imposed there are fewer
than eighty school days remaining in the school year in which the
incident that gives rise to the expulsion takes place, the
superintendent may apply any remaining part or all of the period
of the expulsion to the following school year.
(2)(a) Unless a pupil is permanently excluded pursuant to section
3313.662 of the Revised Code, the superintendent of schools of a city,
exempted village, or
local school district shall expel a pupil from school for a period of one year
for bringing a firearm to a school operated by the board of education of the
district or onto any other property owned or
controlled by the
board, except
that the superintendent may reduce this requirement on a case-by-case basis in
accordance with the policy adopted by the board under section 3313.661 of the
Revised Code.
(b) The superintendent of schools of a city, exempted village, or
local school district may expel a pupil from school for a period of one year
for bringing a firearm to
an interscholastic competition, an extracurricular event, or any
other school program or activity
that is not located in a school or on
property that is owned or controlled by the district. The superintendent may
reduce this disciplinary action on a case-by-case basis in accordance with the
policy adopted by the board under section 3313.661 of the Revised Code.
(c) Any expulsion pursuant to division (B)(2) of
this section shall extend, as necessary, into the
school year
following
the school year in which the incident that gives rise to the expulsion takes
place. As used in this division, "firearm" has the same meaning as provided
pursuant to the "Gun-Free Schools Act of
1994," 108 Stat. 270, 20 U.S.C.
8001(a)(2).
(3) The board of education of
a city, exempted village, or local school district may adopt a
resolution authorizing the superintendent of schools to expel a
pupil from school for a period not to exceed one year for
bringing a knife to a school operated by the board, onto any
other property owned or controlled by the board,
or to an interscholastic competition, an extracurricular event, or any
other program or activity sponsored by the school district or in which
the district is a participant, or for possessing a
firearm
or knife at a school, on any other property owned or
controlled by the board, or at
an interscholastic competition, an extracurricular event, or any
other school program or activity,
which firearm or knife was initially brought onto school board property by
another person. The resolution
may authorize the superintendent to extend such an expulsion, as
necessary, into the school year following the school year in
which the incident that gives rise to the expulsion takes place.
(4) The board of education of
a city, exempted village, or local school district may adopt a
resolution establishing a policy under section 3313.661 of the
Revised Code that authorizes the superintendent of schools
to expel a
pupil from school for a period not to exceed one year for
committing an act that is a criminal offense when committed by
an adult and that results in serious physical harm to persons as
defined in division (A)(5) of
section 2901.01 of the Revised
Code or serious physical harm
to property as defined in division
(A)(6) of section 2901.01 of
the Revised
Code while the pupil is at
school, on any other property owned or controlled by the
board, or at
an interscholastic competition, an extracurricular event, or any
other school program or activity. Any
expulsion under this division shall extend,
as necessary, into the school year following the
school year in which the incident that gives rise to the
expulsion takes place.
(5) THE BOARD OF EDUCATION OF ANY CITY, EXEMPTED VILLAGE, OR LOCAL SCHOOL
DISTRICT MAY ADOPT A RESOLUTION ESTABLISHING A POLICY UNDER SECTION 3313.661
of the Revised Code THAT AUTHORIZES THE SUPERINTENDENT OF SCHOOLS TO EXPEL A PUPIL FROM
SCHOOL FOR A 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 OCCURRING AT
THE TIME OF THE THREAT. ANY EXPULSION UNDER THIS DIVISION SHALL EXTEND, AS
NECESSARY, INTO THE SCHOOL YEAR FOLLOWING THE SCHOOL YEAR IN WHICH THE
INCIDENT THAT GIVES RISE TO THE EXPULSION TAKES PLACE.
(6) No pupil shall be expelled under division (B)(1), (2),
(3), or (4), OR (5)
of this section unless, prior to the pupil's expulsion, the
superintendent does both of the following:
(a) Gives the pupil and the pupil's parent, guardian, or
custodian
written notice of the intention to expel the pupil;
(b) Provides the pupil and the pupil's parent, guardian,
custodian, or representative an opportunity to appear in person
before the superintendent or the superintendent's designee
to challenge the reasons for the intended expulsion or otherwise to explain
the pupil's actions.
The notice required in this division shall include the
reasons for the intended expulsion, notification of the
opportunity of the pupil and the pupil's parent, guardian,
custodian, or
representative to appear before the superintendent or the
superintendent's designee to challenge the reasons for the intended
expulsion or
otherwise to explain the pupil's action, and notification of the
time and place to appear. The time to appear shall not be
earlier than three nor later than five school days after the
notice is given, unless the superintendent grants an extension of
time at the request of the pupil or the pupil's parent,
guardian, custodian, or representative. If an extension is granted after
giving the original notice, the superintendent shall notify the
pupil and the pupil's parent, guardian, custodian, or
representative of
the new time and place to appear. If the proposed expulsion is
based on a violation listed in division (A) of section 3313.662
of the Revised Code and if the pupil is sixteen years of age or
older, the notice shall include a statement that the
superintendent may seek to permanently exclude the pupil if the
pupil is convicted of or adjudicated a delinquent child for that
violation.
(6)(7) A superintendent of schools of a city, exempted
village, or
local school district shall initiate expulsion proceedings pursuant to this
section with respect to any pupil who has committed an act warranting
expulsion under the district's policy regarding expulsion even if the pupil
has
withdrawn from school for any reason after the incident that gives rise to the
hearing but prior to the hearing or decision to impose the expulsion. If,
following the hearing, the pupil would have been expelled for a period of time
had the pupil still been enrolled in the school, the expulsion shall be
imposed
for the same length of time as on a pupil who has not withdrawn from the
school.
(C) If a pupil's presence poses a continuing danger to
persons or property or an ongoing threat of disrupting the
academic process taking place either within a classroom or
elsewhere on the school premises, the superintendent or a
principal or assistant principal may remove a pupil from
curricular activities or from the school
premises, and a teacher may remove a pupil from curricular activities under
the teacher's
supervision,
without the notice and hearing requirements of division (A) or (B) of this
section. As soon as practicable after making such a removal, the
teacher shall submit in writing to the principal the reasons for
such removal.
If a pupil is removed under this division from a curricular
activity or from the school premises, written
notice of the hearing and of the reason for the removal shall be
given to the pupil as soon as practicable prior to the hearing,
which shall be held within three school days from the time the
initial removal is ordered. The hearing shall be held in
accordance with division (A) of this section unless it is
probable that the pupil may be subject to expulsion, in which
case a hearing in accordance with division (B) of this section
shall be held, except that the hearing shall be held within three
school days of the initial removal. The individual who ordered,
caused, or requested the removal to be made shall be present at
the hearing.
If the superintendent or the principal reinstates a pupil
in a curricular activity under the teacher's
supervision prior to the hearing following a removal under this
division, the teacher, upon request, shall be given in writing
the reasons for such reinstatement.
(D) The superintendent or principal, within one school day
after the time of a pupil's expulsion or suspension, shall notify
in writing the parent, guardian, or custodian of the pupil and
the treasurer of the board of education of the expulsion or
suspension. The notice shall include the reasons for the
expulsion or suspension, notification of the right of the pupil
or the pupil's parent, guardian, or custodian to appeal the
expulsion or suspension to the board of education or to its designee, to be
represented in all appeal proceedings, to be granted a hearing
before the board or its designee in order to be heard against the
suspension or expulsion, and to request that the hearing be held
in executive session, notification that the expulsion may be
subject to extension pursuant to division (F) of this section if
the pupil is sixteen years of age or older, and notification that
the superintendent may seek the pupil's permanent exclusion if
the suspension or expulsion was based on a violation listed in
division (A) of section 3313.662 of the Revised Code that was
committed when the child was sixteen years of age or older and if
the pupil is convicted of or adjudicated a delinquent child for
that violation.
Any superintendent expelling a pupil under this section for
more than twenty school days or for any period of time if the
expulsion will extend into the following semester or school year
shall, in the notice required under this division, provide the
pupil and the pupil's parent, guardian, or custodian with
information
about services or programs offered by public and private agencies
that work toward improving those aspects of the pupil's attitudes
and behavior that contributed to the incident that gave rise to
the pupil's expulsion. The information shall include the names,
addresses, and phone numbers of the appropriate public and
private agencies.
(E) A pupil or the pupil's parent, guardian, or custodian
may appeal the pupil's expulsion by a superintendent
or suspension by a
superintendent,
principal, assistant principal, or other administrator to the
board of education or to its designee. The
pupil or the pupil's parent, guardian, or custodian may be
represented in
all appeal proceedings and shall be granted a hearing before the
board or its designee in order to be heard against the suspension
or expulsion. At the request of the pupil or of the pupil's
parent, guardian, custodian, or attorney, the board or its designee may
hold the hearing in executive session but shall act upon the
suspension or expulsion only at a public meeting. The board, by
a majority vote of its full membership or by the action of its
designee, may affirm the order of suspension or expulsion,
reinstate the pupil, or otherwise reverse, vacate, or modify the
order of suspension or expulsion.
The board or its designee shall make a verbatim record of
hearings held under this division. The decisions of the board or
its designee may be appealed under Chapter 2506. of the Revised
Code.
This section shall not be construed to require notice and
hearing in accordance with division (A), (B), or (C) of this
section in the case of normal disciplinary procedures in which a
pupil is removed from a curricular activity
for a period of less than one school day and is not subject to
suspension or expulsion.
(F)(1) If a pupil is expelled pursuant to division (B) of
this section for committing any violation listed in division (A)
of section 3313.662 of the Revised Code and the pupil was
sixteen years of age or older at the time of
committing the violation, if a complaint is filed pursuant to section
2151.27 of the Revised
Code alleging that the pupil is a delinquent child based upon the
commission of the violation or the pupil is prosecuted as an
adult for the commission of the violation, and if the resultant
juvenile court or criminal proceeding is pending at the time that
the expulsion terminates, the superintendent of schools that
expelled the pupil may file a motion with the court in which the
proceeding is pending requesting an order extending the expulsion
for the lesser of an additional eighty days or the number of
school days remaining in the school year. Upon the filing of the
motion, the court immediately shall schedule a hearing and give
written notice of the time, date, and location of the hearing to
the superintendent and to the pupil and the pupil's parent,
guardian, or
custodian. At the hearing, the court shall determine whether
there is reasonable cause to believe that the pupil committed the
alleged violation that is the basis of the expulsion and, upon
determining that reasonable cause to believe the pupil
committed the violation does exist, shall grant the requested extension.
(2) If a pupil has been convicted of or adjudicated a
delinquent child for a violation listed in division (A) of
section 3313.662 of the Revised Code for an act that was
committed when the child was sixteen years of age or older, if
the pupil has been expelled pursuant to division (B) of this
section for that violation, and if the board of education of the
school district of the school from which the pupil was
expelled has adopted a resolution seeking the pupil's
permanent exclusion, the superintendent may file a motion with the court that
convicted
the pupil or adjudicated the pupil a delinquent child requesting
an order to extend the expulsion until an adjudication order or
other determination regarding permanent exclusion is issued by
the superintendent of public instruction pursuant to section
3301.121 and division (D) of section 3313.662 of the Revised
Code. Upon the filing of the motion, the court immediately shall
schedule a hearing and give written notice of the time, date, and
location of the hearing to the superintendent of the school
district, the pupil, and the pupil's parent, guardian, or
custodian. At the hearing, the court shall determine whether there is
reasonable cause to believe the pupil's continued attendance in
the public school system may endanger the health and safety of
other pupils or school employees and, upon making that
determination, shall grant the requested extension.
(G) The failure of the superintendent or the board of
education to provide the information regarding the possibility of
permanent exclusion in the notice required by divisions (A), (B),
and (D) of this section is not jurisdictional, and the failure
shall not affect the validity of any suspension or expulsion
procedure that is conducted in accordance with this section or
the validity of a permanent exclusion procedure that is conducted
in accordance with sections 3301.121 and 3313.662 of the Revised
Code.
(H) With regard to suspensions and expulsions pursuant to
divisions (A) and (B) of this section by the board of education
of any city, exempted village, or local school district, this
section shall apply to any student, whether or not the student is
enrolled in the district, attending or otherwise participating in
any curricular program provided in a school operated by the board
or provided on any other property owned or controlled by the
board.
(I) Whenever a student is expelled under this section, the expulsion shall
result in removal of the student from the student's regular school setting.
However, during the period of the expulsion, the board of education of the
school district that expelled the student or any board of education admitting
the student during that expulsion period may provide educational services to
the student in an alternative setting.
(J)(1) Notwithstanding section 3313.64 or 3313.65 of the Revised
Code, any
school district,
after offering an opportunity for a hearing, may temporarily deny admittance
to any pupil if one of the following applies:
(a) The pupil has been suspended from the schools of another
district under division (A) of this section and the period of
suspension, as established under that division, has not expired;
(b) The pupil has been expelled from the schools of another
district under division (B) of this section and the period of the
expulsion, as established under that division or as extended under division
(F) of this section, has not expired.
If a pupil is temporarily
denied admission under this division, the pupil shall be admitted to school in
accordance with section 3313.64 or 3313.65 of the Revised Code no later than
upon expiration
of the suspension or expulsion period, as
applicable.
(2) Notwithstanding section 3313.64 or 3313.65 of the
Revised Code,
any school district, after offering an opportunity for a hearing, may
temporarily deny admittance to any pupil if the pupil has been expelled or
otherwise removed for disciplinary purposes from a public school in another
state and the period of expulsion or removal has not expired. If a pupil is
temporarily denied admission under this division, the pupil shall be admitted
to school in accordance with section 3313.64 or 3313.65 of the
Revised Code
no later than the earlier of the following:
(a) Upon expiration of the expulsion or removal period imposed by
the out-of-state school;
(b) Upon expiration of a period established by the district,
beginning with the date of expulsion or removal from the out-of-state school,
that is no greater than the period of expulsion that
the pupil would have received under the policy adopted by the district under
section 3313.661 of the Revised
Code had the offense that gave rise to the
expulsion or removal by the out-of-state school been committed while the pupil
was enrolled in the district.
(K) As used in this section:
(1) "Permanently exclude"
and "permanent exclusion" have the same meanings as in section
3313.662 of the Revised Code.
(2) "In-school suspension" means the pupil will serve all of the
suspension in a school setting.
Sec. 3313.661. (A) The board of education of each city,
exempted village, and local school district shall adopt a
policy regarding suspension, expulsion, removal, and permanent
exclusion that specifies the types of misconduct for which a
pupil may be suspended, expelled, or removed. The types of misconduct may
include misconduct by a pupil that occurs off of property owned or controlled
by the district but that is connected to activities or incidents
that have occurred on property owned or controlled by that
district and misconduct by a pupil that, regardless of where it occurs, is
directed at a district official or employee, or the property of such official
or employee. The policy shall specify the
reasons for which the superintendent of the district may reduce the expulsion
requirement in division (B)(2) of section 3313.66 of the Revised Code. If a
board
of education adopts a resolution pursuant to division
(B)(3) of section 3313.66 of the Revised Code, the
policy shall define the term "knife" or "firearm," as
applicable, for purposes of expulsion under that
resolution and shall specify any reasons for which the superintendent of the
district may reduce any required expulsion period on a case-by-case
basis. If a board of education adopts a resolution pursuant to division
(B)(4) OR (5) of section 3313.66 of the Revised Code, the
policy shall specify any reasons for which the superintendent of the district
may reduce any required expulsion period on a case-by-case
basis. The policy also
shall set forth the acts listed in section 3313.662 of the
Revised Code for which a pupil may be permanently excluded.
A copy of the policy shall be posted in a central location in the
school and made available to pupils upon request. No pupil shall
be suspended, expelled, or removed except in accordance with the
policy adopted by the board of education of the school district
in which the pupil attends school, and no pupil shall be
permanently excluded except in accordance with sections 3301.121
and 3313.662 of the Revised Code.
(B) A board of education may establish a program and adopt
guidelines under which a superintendent may require a pupil to
perform community service in conjunction with a
suspension or expulsion imposed under section 3313.66 of the
Revised Code or in place of a suspension or expulsion imposed under section
3313.66 of the Revised Code except for an
expulsion imposed pursuant to division
(B)(2) of that section. If a board adopts guidelines under this
division,
they shall permit, except with regard to an expulsion pursuant to
division (B)(2) of section 3313.66 of the Revised Code, a superintendent
to impose a community service
requirement beyond the end of the school year in lieu of applying
the suspension or expulsion into the following school year. Any
guidelines adopted shall be included in the policy adopted under
this section.
(C) The written policy of each board of education that is
adopted pursuant to section 3313.20 of the Revised Code shall be
posted in a central location in each school that is subject to
the policy and shall be made available to pupils upon request.
(D) Any policy, program, or guideline adopted by a board
of education under this section with regard to suspensions or
expulsions pursuant to division (A) or (B) of section
3313.66 of the Revised Code shall apply to any student, whether or not the
student is enrolled in the district, attending or otherwise
participating in any curricular program provided in a school
operated by the board or provided on any other property owned or
controlled by the board.
(E) As used in this section, "permanently exclude" and
"permanent exclusion" have the same meanings as in section
3313.662 of the Revised Code.
Section 2. That existing sections 3313.66 and 3313.661 of the Revised Code are
hereby repealed.
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