Session of 2000
SENATE BILL No. 519
By Senator Brownlee
1-31
10 AN ACT
concerning school districts; relating to suspension and
expulsion
11 of pupils from school;
amending K.S.A. 1999 Supp. 72-8902 and 72-
12 8904 and repealing the
existing sections.
13
14 Be it enacted by the Legislature of the
State of Kansas:
15 Section
1. K.S.A. 1999 Supp. 72-8902 is hereby amended to read as
16 follows: 72-8902. (a) (1) Except as
authorized in provision (2), A suspen-
17 sion may be for a short term not exceeding
five 10 school days, or for an
18 extended term not exceeding 90 school days.
An expulsion may be for a
19 term not exceeding 186 school days. If a
suspension or expulsion is for a
20 term exceeding the number of school days
remaining in the school year,
21 any remaining part of the term of the
suspension or expulsion may be
22 applied to the succeeding school year.
23 (2) A
short-term suspension may be imposed for not more than
10
24 school days if a pupil: (A) Carries
a weapon to school, onto school prop-
25 erty, or to a school supervised
activity; (B) knowingly possesses or uses
26 illegal drugs or sells or solicits
the sale of a controlled substance while at
27 school, on school property or at a
school supervised activity; or (C) has
28 engaged in behavior which resulted
in, or was substantially likely to have
29 resulted in, injury to the pupil or
to others.
30 (3) For
the purposes of this provision, the following definitions
apply:
31 (A) "Controlled substance" means a
drug or other substance identified
32 under schedules I, II, III, IV, or
V in 21 U.S.C. 812(c); (B) "illegal drug"
33 means a controlled substance but
does not include such a substance that
34 is legally possessed or used under
the supervision of a licensed health-
35 care professional or that is
legally possessed or used under any other
36 authority under any federal or
state law; and (C) "weapon" means a
37 weapon, device, instrument,
material, or substance, animate or inanimate,
38 that is used for, or is readily
capable of, causing death or serious bodily
39 injury, except that such term does
not include a pocket knife with a blade
40 of less than 21/2 inches in
length.
41 (b)
(1) Except as authorized in provision (2), no suspension for
a
42 short term shall be imposed upon a pupil
without giving the pupil notice
43 of the charges and affording the pupil an
opportunity for a hearing
2
1 thereon. The notice may be oral or
written and the hearing may be held
2 immediately after the notice is
given. The hearing may be conducted
3 informally but shall include the
following procedural due process require-
4 ments: (A) The right of the pupil to
be present at the hearing; (B) the
5 right of the pupil to be informed of
the charges; (C) the right of the pupil
6 to be informed of the basis for the
accusation; and (D) the right of the
7 pupil to make statements in defense
or mitigation of the charges or ac-
8 cusations. Refusal of a pupil to be
present at the hearing will constitute
9 a waiver of the pupil's opportunity
for a hearing.
10 (2) A short-term
suspension may be imposed upon a pupil forthwith,
11 and without affording the pupil a hearing
if the presence of the pupil
12 endangers other persons or property or
substantially disrupts, impedes or
13 interferes with the operation of the
school.
14 (c) A written
notice of any short-term suspension and the reason
15 therefor shall be given to the pupil
involved and to the pupil's parent or
16 guardian within 24 hours after the
suspension has been imposed and, in
17 the event the pupil has not been afforded a
hearing prior to any short-
18 term suspension, an opportunity for an
informal hearing shall be afforded
19 the pupil as soon thereafter as practicable
but in no event later than 72
20 hours after such short-term suspension has
been imposed. Any notice of
21 the imposition of a short-term suspension
that provides an opportunity
22 for an informal hearing after such
suspension has been imposed shall state
23 that failure of the pupil to attend the
hearing will result in a waiver of the
24 pupil's opportunity for the hearing.
25 (d) No suspension
for an extended term and no expulsion shall be
26 imposed upon a pupil until an opportunity
for a formal hearing thereon
27 is afforded the pupil. A written notice of
any proposal to suspend for an
28 extended term or to expel from school, and
the charges upon which the
29 proposal is based shall be given to the
pupil proposed to be suspended
30 or expelled from school, and to the pupil's
parent or guardian. Any notice
31 of a proposal to suspend for an extended
term or to expel from school
32 shall state the time, date and place that
the pupil will be afforded an
33 opportunity for a formal hearing, and that
failure of the pupil and the
34 pupil's parent or guardian to attend the
hearing will result in a waiver of
35 the pupil's opportunity for the hearing.
The hearing shall be held not later
36 than 10 days after the date of the notice.
The notice shall be accompanied
37 by a copy of this act and the regulations
of the board of education adopted
38 under K.S.A. 72-8903, and amendments
thereto.
39 (e) Whenever any
written notice is required under this act to be given
40 to a pupil or to a pupil's parent or
guardian, it shall be sufficient if the
41 notice is mailed to the address on file in
the school records of the pupil.
42 In lieu of mailing the written notice, the
notice may be personally
43 delivered.
3
1 (f) A
formal hearing on a suspension or expulsion may be conducted
2 by any certificated employee or
committee of certificated employees au-
3 thorized by the board of education to
conduct the hearing.
4 Sec.
2. K.S.A. 1999 Supp. 72-8904 is hereby amended to read as
5 follows: 72-8904. (a) Written notice
of the result of any hearing imposing
6 an extended-term suspension or an
expulsion from school shall be given
7 to the pupil suspended or expelled
from school, and to the parents or
8 guardians of the pupil within 24
hours after determination of such result.
9 (b) Any
pupil, age 18 or older, who has been suspended for an
ex-
10 tended term or expelled, or one of the
pupil's parents or guardians of a
11 pupil under age 18, may appeal such
suspension or expulsion to the board
12 of education of the school district by
filing a written notice of appeal with
13 the clerk of the board of education not
later than 10 calendar days after
14 receiving the written notice. Any such
appeal shall be heard by the board
15 of education, or by a hearing officer
appointed by such board, not later
16 than 20 calendar days after such notice of
appeal is filed unless the term
17 of the suspension has been
completed. The pupil and the pupil's parents
18 or guardians shall be notified in writing
of the time and place of the appeal
19 hearing at least five days prior thereto.
Such appeal shall be conducted
20 under rules which are consonant with K.S.A.
72-8903, and amendments
21 thereto. The decision on any such appeal
shall be rendered not later than
22 five days after the conclusion of the
appeal hearing.
23 (c) For the
purpose of hearing an appeal of an extended-term sus-
24 pension or an expulsion, the board of
education may appoint one or more
25 hearing officers. Any such hearing officer
shall be a member of the board
26 of education, a certificated employee of
the school district, or an attorney
27 admitted to the practice of law in this
state. Any such appointment shall
28 apply to a particular hearing or to a set
or class of hearings as specified
29 by the board of education in making the
appointment. Whenever a hear-
30 ing officer appointed under authority of
this section hears any appeal, the
31 hearing officer shall prepare a written
report thereon to the board of
32 education. After receiving any such report,
the board of education shall
33 determine the matter with or without
additional hearing. Any matter de-
34 termined by the board of education in
accordance with this subsection
35 shall be valid to the same extent as if the
matter were fully heard by the
36 board of education without a hearing
officer.
37 Sec. 3. K.S.A. 1999 Supp.
72-8902 and 72-8904 are hereby repealed.
38 Sec. 4. This act shall
take effect and be in force from and after its
39 publication in the statute book.