Substitute Senate Bill No. 355
Substitute Senate Bill No. 355
PUBLIC ACT NO. 98-139
AN ACT CONCERNING STUDENT SUSPENSIONS AND
EXPULSIONS.
Be it enacted by the Senate and House of
Representatives in General Assembly convened:
Section 1. Subsection (a) of section 10-233c
of the general statutes is repealed and the
following is substituted in lieu thereof:
(a) Any local or regional board of education
may authorize the administration of the schools
under its direction to suspend from school
privileges any pupil whose conduct on school
grounds or at a school sponsored activity is
violative of a publicized policy of such board or
is seriously disruptive of the educational process
or endangers persons or property or whose conduct
off school grounds is violative of such policy and
is seriously disruptive of the educational
process. IN MAKING A DETERMINATION AS TO WHETHER
CONDUCT IS SERIOUSLY DISRUPTIVE OF THE EDUCATIONAL
PROCESS, THE ADMINISTRATION MAY CONSIDER, BUT SUCH
CONSIDERATION SHALL NOT BE LIMITED TO: (1) WHETHER
THE INCIDENT OCCURRED WITHIN CLOSE PROXIMITY OF A
SCHOOL; (2) WHETHER OTHER STUDENTS FROM THE SCHOOL
WERE INVOLVED OR WHETHER THERE WAS ANY GANG
INVOLVEMENT; (3) WHETHER THE CONDUCT INVOLVED
VIOLENCE, THREATS OF VIOLENCE OR THE UNLAWFUL USE
OF A WEAPON, AS DEFINED IN SECTION 29-38, AND
WHETHER ANY INJURIES OCCURRED; AND (4) WHETHER THE
CONDUCT INVOLVED THE USE OF ALCOHOL. Any such
board may authorize the administration to suspend
transportation services for any pupil whose
conduct while awaiting or receiving transportation
to and from school endangers persons or property
or is violative of a publicized policy of such
board. Unless an emergency exists, no pupil shall
be suspended without an informal hearing by the
administration, at which such pupil shall be
informed of the reasons for the disciplinary
action and given an opportunity to explain the
situation, provided nothing herein shall be
construed to prevent a more formal hearing from
being held if the circumstances surrounding the
incident so require, and further provided no pupil
shall be suspended more than ten times or a total
of fifty days in one school year, whichever
results in fewer days of exclusion, unless such
pupil is granted a formal hearing pursuant to
sections 4-176e to 4-180a, inclusive, and section
4-181a. If an emergency situation exists, such
hearing shall be held as soon after the suspension
as possible.
Sec. 2. Section 10-233d of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) (1) Any local or regional board of
education, at a meeting at which three or more
members of such board are present, or the
impartial hearing board established pursuant to
subsection (b) of this section, may expel, subject
to the provisions of this subsection, any pupil
whose conduct on school grounds or at a
school-sponsored activity is violative of a
publicized policy of such board or is seriously
disruptive of the educational process or endangers
persons or property or whose conduct off school
grounds is violative of such policy and is
seriously disruptive of the educational process,
provided a majority of the board members sitting
in the expulsion hearing vote to expel and that at
least three affirmative votes for expulsion are
cast. IN MAKING A DETERMINATION AS TO WHETHER
CONDUCT IS SERIOUSLY DISRUPTIVE OF THE EDUCATIONAL
PROCESS, THE BOARD OF EDUCATION OR IMPARTIAL
HEARING BOARD MAY CONSIDER, BUT SUCH CONSIDERATION
SHALL NOT BE LIMITED TO: (A) WHETHER THE INCIDENT
OCCURRED WITHIN CLOSE PROXIMITY OF A SCHOOL; (B)
WHETHER OTHER STUDENTS FROM THE SCHOOL WERE
INVOLVED OR WHETHER THERE WAS ANY GANG
INVOLVEMENT; (C) WHETHER THE CONDUCT INVOLVED
VIOLENCE, THREATS OF VIOLENCE OR THE UNLAWFUL USE
OF A WEAPON, AS DEFINED IN SECTION 29-38, AND
WHETHER ANY INJURIES OCCURRED; AND (D) WHETHER THE
CONDUCT INVOLVED IN THE USE OF ALCOHOL.
(2) Expulsion proceedings pursuant to this
section, except as provided in subsection (i) of
this section shall be required whenever there is
reason to believe that any pupil (A) on school
grounds or at a school sponsored activity, was in
possession of a firearm, as defined in 18 USC 921,
as amended from time to time, or deadly weapon,
dangerous instrument or martial arts weapon, as
defined in section 53a-3, (B) off school grounds,
did possess such a firearm in violation of section
29-35 or did possess and use such a firearm,
instrument or weapon in the commission of a crime
under chapter 952, or (C) on or off school
grounds, offered for sale or distribution a
controlled substance, as defined in subdivision
(9) of section 21a-240, whose manufacture,
distribution, sale, prescription, dispensing,
transporting or possessing with intent to sell or
dispense, offering, or administering is subject to
criminal penalties under sections 21a-277 and
21a-278. Such a pupil shall be expelled for one
calendar year if the local or regional board of
education or impartial hearing board finds that
the pupil did so possess or so possess and use, as
appropriate, such a firearm, instrument or weapon
or did so offer for sale or distribution such a
controlled substance, provided the board of
education or the hearing board may modify the
period of expulsion for a pupil on a case by case
basis.
(3) Unless an emergency exists, no pupil shall
be expelled without a formal hearing held pursuant
to sections 4-176e to 4-180a, inclusive, and
section 4-181a, provided whenever such pupil is a
minor, the notice required by section 4-177 and
section 4-180 shall also be given to the parents
or guardian of the pupil. If an emergency exists,
such hearing shall be held as soon after the
expulsion as possible.
(b) For purposes of conducting expulsion
hearings as required by subsection (a) of this
section, any local or regional board of education
or any two or more of such boards in cooperation
may establish an impartial hearing board of one or
more persons. No member of any such board or
boards shall be a member of the hearing board. The
hearing board shall have the authority to conduct
the expulsion hearing and render a final decision
in accordance with the provisions of sections
4-176e to 4-180a, inclusive, and section 4-181a.
(c) In determining the length of an expulsion
and the nature of the alternative educational
opportunity to be offered under subsection (d),
the local or regional board of education, or the
impartial hearing board established pursuant to
subsection (b) of this section, may receive and
consider evidence of past disciplinary problems
which have led to removal from a classroom,
suspension or expulsion of such pupil.
(d) Any pupil under sixteen years of age who
is expelled shall be offered an alternative
educational opportunity during the period of
expulsion, provided any parent or guardian of such
pupil who does not choose to have his or her child
enrolled in an alternative program shall not be
subject to the provisions of section 10-184. Any
pupil expelled for the first time who is between
the ages of sixteen and eighteen and who wishes to
continue his or her education shall be offered an
alternative educational opportunity if he or she
complies with conditions established by his or her
local or regional board of education. Such
alternative may include, but shall not be limited
to, the placement of a pupil who is at least
sixteen years of age in an adult education program
pursuant to section 10-69. A local or regional
board of education shall count the expulsion of a
pupil when he was under sixteen years of age for
purposes of determining whether an alternative
educational opportunity is required for such pupil
when he is between the ages of sixteen and
eighteen. A local or regional board of education
may offer an alternative educational opportunity
to a pupil for whom such alternative educational
opportunity is not required pursuant to this
section.
(e) Notwithstanding the provisions of
subsection (d) of this section concerning the
provision of an alternative educational
opportunity for pupils between the ages of sixteen
and eighteen, local and regional boards of
education shall not be required to offer such
alternative to any pupil between the ages of
sixteen and eighteen who is expelled because of
conduct which endangers persons if it is
determined at the expulsion hearing that the
conduct for which the pupil is expelled involved
(1) possession of a firearm, as defined in 18 USC
921, as amended from time to time, or deadly
weapon, dangerous instrument or martial arts
weapon, as defined in section 53a-3, on school
property or at a school-sponsored activity or (2)
offering for sale or distribution on school
property or at a school-sponsored activity a
controlled substance, as defined in subdivision
(9) of section 21a-240, whose manufacture,
distribution, sale, prescription, dispensing,
transporting or possessing with the intent to sell
or dispense, offering, or administration is
subject to criminal penalties under sections
21a-277 and 21a-278. If a pupil is expelled
pursuant to this section for possession of a
firearm or deadly weapon the board of education
shall report the violation to the local police
department or in the case of a student enrolled in
a regional vocational-technical school to the
state police. If a pupil is expelled pursuant to
this section for the sale or distribution of such
a controlled substance, the board of education
shall refer the pupil to an appropriate state or
local agency for rehabilitation, intervention or
job training, or any combination thereof, and
inform the agency of its action. Whenever a local
or regional board of education notifies a pupil
between the ages of sixteen and eighteen or the
parents or guardian of such pupil that an
expulsion hearing will be held, the notification
shall include a statement that the board of
education is not required to offer an alternative
educational opportunity to any pupil who is found
to have engaged in the conduct described in this
subsection.
(f) Whenever a pupil is expelled pursuant to
the provisions of this section, notice of the
expulsion and the conduct for which the pupil was
expelled shall be included on the pupil's
cumulative educational record. Such notice, except
for notice of an expulsion based on possession of
a firearm or deadly weapon as described in
subsection (a) of this section, shall be expunged
from the cumulative educational record by the
local or regional board of education if a pupil
graduates from high school.
(g) A local or regional board of education may
adopt the decision of a pupil expulsion hearing
conducted by another school district provided such
local or regional board of education or impartial
hearing board shall hold a hearing pursuant to the
provisions of subsection (a) of this section which
shall be limited to a determination of whether the
conduct which was the basis for the expulsion
would also warrant expulsion under the policies of
such board. The pupil shall be excluded from
school pending such hearing. The excluded student
shall be offered an alternative educational
opportunity in accordance with the provisions of
subsections (d) and (e) of this section.
(h) Whenever a pupil against whom an expulsion
hearing is pending withdraws from school after
notification of such hearing but before the
hearing is completed and a decision rendered
pursuant to this section, (1) notice of the
pending expulsion hearing shall be included on the
pupil's cumulative educational record and (2) the
local or regional board of education or impartial
hearing board shall complete the expulsion hearing
and render a decision. If such pupil enrolls in
school in another school district, such pupil
shall not be excluded from school in the other
district pending completion of the expulsion
hearing pursuant to this subsection unless an
emergency exists, provided nothing in this
subsection shall limit the authority of the local
or regional board of education for such district
to suspend the pupil or to conduct its own
expulsion hearing in accordance with this section.
(i) Prior to conducting an expulsion hearing
for a child requiring special education and
related services described in subparagraph (A) of
subdivision (5) of section 10-76a, a planning and
placement team shall convene to determine whether
the misconduct was caused by the child's
disability. If it is determined that the
misconduct was caused by the child's disability,
the child shall not be expelled. The planning and
placement team shall reevaluate the child for the
purpose of modifying the child's individualized
education program to address the misconduct and to
ensure the safety of other children and staff in
the school. If it is determined that the
misconduct was not caused by the child's
disability, the child may be expelled in
accordance with the provisions of this section
applicable to children who do not require special
education and related services. Notwithstanding
the provisions of subsections (d) and (e) of this
section, whenever a child requiring such special
education and related services is expelled, an
alternative educational opportunity, consistent
with such child's educational needs shall be
provided during the period of expulsion.
(j) AN EXPELLED PUPIL MAY APPLY FOR EARLY
READMISSION TO SCHOOL. EXCEPT AS PROVIDED IN THIS
SUBSECTION, SUCH READMISSION SHALL BE AT THE
DISCRETION OF THE LOCAL OR REGIONAL BOARD OF
EDUCATION. THE BOARD OF EDUCATION MAY DELEGATE
AUTHORITY FOR READMISSION DECISIONS TO THE
SUPERINTENDENT OF SCHOOLS FOR THE SCHOOL DISTRICT.
IF THE BOARD DELEGATES SUCH AUTHORITY, READMISSION
SHALL BE AT THE DISCRETION OF THE SUPERINTENDENT.
READMISSION DECISIONS SHALL NOT BE SUBJECT TO
APPEAL TO SUPERIOR COURT. THE BOARD OR
SUPERINTENDENT, AS APPROPRIATE, MAY CONDITION SUCH
READMISSION ON SPECIFIED CRITERIA.
[(j)] (k) Local and regional boards of
education shall submit to the Commissioner of
Education such information on expulsions for the
possession of weapons as required for purposes of
the Gun-Free Schools Act of 1994, 20 USC 8921 et
seq., as amended from time to time.
Sec. 3. This act shall take effect from its
passage.
Approved June 4, 1998