Session of 1998
                   
SENATE BILL No. 446
         
By Committee on Education
         
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            9             AN ACT concerning school districts; relating to the duration of short-
10             term suspensions of pupils from school; amending K.S.A. 1997 Supp.
11             72-8902 and repealing the existing section.
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13       Be it enacted by the Legislature of the State of Kansas:
14           Section 1. K.S.A. 1997 Supp. 72-8902 is hereby amended to read as
15       follows: 72-8902. (a) A suspension may be for a short term not exceeding
16       five 10 school days, or for an extended term not exceeding 90 school days.
17       An expulsion may be for a term not exceeding 186 school days. If a sus-
18       pension or expulsion is for a term exceeding the number of school days
19       remaining in the school year, any remaining part of the term of the sus-
20       pension or expulsion may be applied to the succeeding school year.
21           (b) (1) Except as authorized in provision (2), no suspension for a
22       short term shall be imposed upon a pupil without giving the pupil notice
23       of the charges and affording the pupil an opportunity for a hearing
24       thereon. The notice may be oral or written and the hearing may be held
25       immediately after the notice is given. The hearing may be conducted
26       informally but shall include the following procedural due process require-
27       ments: (A) The right of the pupil to be present at the hearing; (B) the
28       right of the pupil to be informed of the charges; (C) the right of the pupil
29       to be informed of the basis for the accusation; and (D) the right of the
30       pupil to make statements in defense or mitigation of the charges or ac-
31       cusations. Refusal of a pupil to be present at the hearing will constitute
32       a waiver of the pupil's opportunity for a hearing.
33           (2) A short-term suspension may be imposed upon a pupil forthwith,
34       and without affording the pupil or the pupil's parent or guardian a hearing
35       if the presence of the pupil endangers other persons or property or sub-
36       stantially disrupts, impedes or interferes with the operation of the school.
37       A written notice of any short-term suspension and the reason therefor
38       shall be given to the pupil involved and to the pupil's parent or guardian
39       within 24 hours after the suspension has been imposed and, in the event
40       the pupil has not been afforded a hearing prior to any short-term sus-
41       pension, an opportunity for an informal hearing shall be afforded the
42       pupil as soon thereafter as practicable but in no event later than 72 hours
43       after such short-term suspension has been imposed. Any notice of the

SB 446

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  1       imposition of a short-term suspension that provides an opportunity for an
  2       informal hearing after such suspension has been imposed shall state that
  3       failure of the pupil and the pupil's parent or guardian to attend the hear-
  4       ing will result in a waiver of the pupil's opportunity for the hearing.
  5           (c) No suspension for an extended term and no expulsion shall be
  6       imposed upon a pupil until an opportunity for a formal hearing thereon
  7       is afforded the pupil. A written notice of any proposal to suspend for an
  8       extended term or to expel from school, and the charges upon which the
  9       proposal is based shall be given to the pupil proposed to be suspended
10       or expelled from school, and to the pupil's parent or guardian. Any notice
11       of a proposal to suspend for an extended term or to expel from school
12       shall state the time, date and place that the pupil will be afforded an
13       opportunity for a formal hearing, and that failure of the pupil and the
14       pupil's parent or guardian to attend the hearing will result in a waiver of
15       the pupil's opportunity for the hearing. The hearing shall be held not later
16       than 10 days after the date of the notice. The notice shall be accompanied
17       by a copy of this act and the regulations of the board of education adopted
18       under K.S.A. 72-8903, and amendments thereto.
19           (d) Whenever any written notice is required under this act to be given
20       to a pupil or to a pupil's parent or guardian, it shall be sufficient if the
21       notice is mailed to the address on file in the school records of the pupil.
22       In lieu of mailing the written notice, the notice may be personally deliv-
23       ered.
24           (e) A formal hearing on a suspension or expulsion may be conducted
25       by any certificated employee or committee of certificated employees au-
26       thorized by the board of education to conduct the hearing.
27           Sec. 2. K.S.A. 1997 Supp. 72-8902 is hereby repealed.
28           Sec. 3. This act shall take effect and be in force from and after its
29       publication in the statute book.
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