Sec. 10-233d. Expulsion of pupils.
Sec. 10-233d. Expulsion of pupils. (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 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, and as
provided for in subdivision (2) of subsection (c) of this section.
(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. The notice shall include
information concerning legal services provided free of charge or at a reduced rate that
are available locally and how to access such services.
(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) (1) In determining the length of an expulsion and the nature of the alternative
educational opportunity to be offered under subsection (d) of this section, 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.
(2) For any pupil expelled for the first time pursuant to this section and who has never
been suspended pursuant to section 10-233c, the local or regional board of education may
shorten the length of or waive the expulsion period if the pupil successfully completes
a board-specified program and meets any other conditions required by the board. Such
board-specified program shall not require the pupil or the parent or guardian of the pupil
to pay for participation in the program.
(d) Notwithstanding the provisions of subsection (a) of section 10-220, local and
regional boards of education shall only be required to offer an alternative educational
opportunity in accordance with this section. 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) (1) 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, except as provided
for in subdivision (2) of this subsection.
(2) In the case of a pupil for which the length of the expulsion period is shortened
or the expulsion period is waived pursuant to subdivision (2) of subsection (c) of this
section, such notice shall be expunged from the cumulative educational record by the
local or regional board of education (A) if the pupil graduates from high school, or (B)
if the board so chooses, at the time the pupil completes the board-specified program
and meets any other conditions required by the board pursuant to said subdivision (2),
whichever is earlier.
(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.
(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.
(P.A. 75-609, S. 4; P.A. 78-218, S. 165; P.A. 79-115, S. 2, 3; 79-369, S. 1, 2; P.A. 81-215, S. 1, 3; P.A. 82-118, S. 1,
2; P.A. 83-218, S. 1, 2; 83-587, S. 70, 96; P.A. 84-546, S. 25, 173; P.A. 86-398, S. 2; P.A. 88-317, S. 57, 107; P.A. 92-37,
S. 1, 2; P.A. 93-35, S. 1-3; P.A. 94-221, S. 2; P.A. 95-304, S. 5, 9; P.A. 96-146, S. 9, 12; 96-244, S. 19-21, 63; P.A. 98-139, S. 2, 3; P.A. 00-157, S. 4, 8; P.A. 07-122, S. 2; 07-217, S. 45; June Sp. Sess. P.A. 07-3, S. 49.)
History: P.A. 78-218 substituted "local" for "town" boards of education, deleted reference to school districts and
included feminine personal pronoun in Subsec. (c); P.A. 79-115 inserted new Subsec. (b) re consideration of past disciplinary problems in determining length of expulsion and alternative educational opportunity to be offered and relettered former
Subsecs. (b) and (c) as (c) and (d); P.A. 79-369 required presence of at least three members at meeting for expulsion and
required majority vote, with at least three votes in favor of expulsion, for expulsion to be effected in Subsec. (a) and made
technical change in Subsec. (b); P.A. 81-215 inserted new Subsec. (b) authorizing boards of education to establish impartial
hearing boards for the purpose of conducting expulsion hearings, relettering remaining Subsecs. accordingly and amended
Subsec. (e) to limit the mandatory provision of an alternative educational opportunity to pupils under 18 years of age, but
specified that age limitation shall not apply to special education pupils; P.A. 82-118 repealed Subsec. (d) which required
notification be sent to state board of education of any student against whom disciplinary action was taken, relettering
Subsec. (e) accordingly, reduced age limitation on offering of alternative educational opportunities to expelled students
from 18 to 16 and made offering of such programs to 16 to 18-year-olds made conditional on students' acceptance of board
of education requirements in newly relettered Subsec. (d); P.A. 83-218 added Subsec. (e) limiting requirement that boards
of education offer alternative educational opportunities to expelled students between the ages of 16 and 18; P.A. 83-587
made technical change in Subsec. (e); P.A. 84-546 made technical change, substituting references to pupils for references
to students in Subsecs. (d) and (e); P.A. 86-398 amended Subsec. (e) by restructuring it and by not requiring boards of
education to offer alternative educational opportunities to students expelled for offering controlled substances for sale or
distribution and by imposing certain duties on boards of education; P.A. 88-317 amended references to Secs. 4-177 to 4-180 in Subsecs. (a) and (b) to include new sections added to Ch. 54, effective July 1, 1989, and applicable to all agency
proceedings commencing on or after that date; P.A. 92-37 added Subsecs. (f) and (g) concerning the notice on the cumulative
educational record and the adoption of the decision of another school district, respectively; P.A. 93-35 amended Subsec.
(g) to limit the scope of the hearing and added Subsec. (h) concerning procedure when pupil who faces expulsion hearing
withdraws from school, effective July 1, 1993; P.A. 94-221 amended Subsec. (a) to provide for mandatory expulsion
proceedings whenever there is reason to believe that a pupil was in possession of a weapon on school grounds and to
provide for mandatory expulsion if it is determined as a result of the proceedings that the pupil did so possess the weapon
and expanded Subsec. (e)(1) to include firearms and deadly weapons, to apply the provisions to school-sponsored activities
and to provide for the referral to a planning and placement team of special education students; P.A. 95-304 amended
Subsec. (a) to provide for expulsions for conduct off school grounds, to change the provisions concerning possession of
a weapon and to provide for case by case modification of the period of expulsion, amended Subsec. (d) to limit the
requirement for the provision of an alternative educational opportunity for pupils between 16 and 18 years of age to such
pupils "expelled for the first time", to add provision on the counting of expulsions prior to 16 years of age, to remove
language concerning special education students and language specifying that an alternative educational placement may
include placement in a regular classroom program in another school and to add language on placement in an adult education
program, amended Subsec. (e) to add requirement for report to the police in specified cases, to delete requirement for the
board to report to the Commissioner of Education referrals based on the sale or distribution of controlled substances and
to delete provisions concerning special education students, amended Subsec. (f) to add exception for possession of a firearm
or deadly weapon, added Subsec. (i) re special education students and Subsec. (j) re information on expulsions for the
possession of weapons and made technical corrections, effective July 1, 1995; P.A. 96-146 made technical change in
Subsec. (i), effective July 1, 1996; P.A. 96-244 amended Subsec. (a) to rewrite the criteria for expulsion for conduct based
on where the conduct took place, to insert Subdiv. and Subpara. designations, to make the existing language Subpara. (A)
and to apply it to conduct on school grounds or at a school sponsored activity, in Subpara. (A) to delete requirement that
the possession be in violation of Secs. 29-35 or 53a-3, to add the cite to federal law for the definition of "firearm", to add
"dangerous instrument or martial arts weapon", to add Subpara. (B) re conduct off school grounds and Subpara. (C) re
controlled substances, amended Subsec. (e) to apply the federal definition for "firearm", to add "martial arts weapon" and
to make technical changes and amended Subsec. (f) to delete provision requiring removal of the notice of expulsion from
the cumulative record if the pupil is not expelled again or suspended one or more times during the 2-year period commencing
on the date of return to school from the expulsion, effective July 1, 1996; P.A. 98-139 amended Subsec. (a)(1) to add
criteria for consideration in determining whether conduct is seriously disruptive of the educational process, added new
Subsec. (j) re readmission and redesignated existing Subsec. (j) as Subsec. (k), effective June 4, 1998 (Revisor's note: In
Subsec. (a)(1)(D) the word "in" in the phrase "whether the conduct involved in the use of alcohol" was deleted editorially
by the Revisors for grammatical accuracy); P.A. 00-157 amended Subsec. (d) to specify that boards of education are only
required to offer an alternative educational opportunity in accordance with this section, effective July 1, 2001; P.A. 07-122 made a technical change in Subsec. (a)(2), amended Subsec. (c) to designate existing language as Subdiv. (1) and add
Subdiv. (2) re program for first time expulsions, and amended Subsec. (f) to designate existing language as Subdiv. (1),
make a technical change therein and add Subdiv. (2) re shortened or waived expulsion period, effective July 1, 2007; P.A.
07-217 made a technical change in Subsec. (c), effective July 12, 2007; June Sp. Sess. P.A. 07-3 amended Subsec. (a)(3)
to add language re legal services information, effective July 1, 2007.
Annotation to former section 10-234:
Where suspension of student for violation of public school dress code was in fact an expulsion and regulation was
violation of his right to privacy, defendant school administrators were enjoined. 28 CS 375.
Annotations to present section:
Cited. 193 C. 93. Cited. 238 C. 1.
Cited. 36 CS 357.
Subsec. (a):
Subdiv. (1): Conduct that is "seriously disruptive of the educational process" means conduct that markedly interrupts
or severely impedes day-to-day operation of a school. Statute void for vagueness since it did not provide student with
constitutionally adequate notice that having marijuana in the trunk of a car off school grounds after school hours was
seriously disruptive of educational process and would subject him to expulsion. 246 C. 89.