72-8902. Duration of suspension or expulsion; notice; hearings, opportunity afforded, waiver, time, who may conduct.
72-8902
72-8902. Duration of suspension or expulsion;notice; hearings,opportunity afforded, waiver, time, who may conduct.(a) A suspension maybe for a short term not exceeding 10 school days, or for anextended term not exceeding 90 school days. An expulsionmay be for a term not exceeding 186 school days. If a suspension or expulsionis for a term exceeding the number of school days remaining in the school year,any remaining part of the term of the suspension or expulsion may be applied tothe succeeding school year.
(b) (1) Except as authorized in provision (2), no suspension fora short term shall be imposed upon a pupil without giving thepupil notice of the charges and affording the pupil an opportunity for ahearing thereon. The notice may beoral or written and the hearing may be held immediately afterthe notice is given. Thehearing may be conducted informally but shall include the followingprocedural due process requirements: (A) The right of the pupil to be presentat the hearing; (B) the right of the pupil to be informed of the charges;(C) the right of the pupil to be informed of the basis forthe accusation; and (D) the right of the pupil to make statementsin defense or mitigation of the charges or accusations. Refusal of a pupilto be present at the hearing will constitute a waiver of the pupil'sopportunity for a hearing.
(2) A short-term suspension may be imposed upon a pupilforthwith, and without affording the pupil a hearingif the presence ofthe pupil endangers other persons or property or substantially disrupts,impedes or interferes with the operation of the school.
(c) A written notice of any short-term suspension and the reason thereforshall be given to the pupil involved and to the pupil's parent or guardianwithin 24 hours after the suspension has beenimposed and, in the event the pupil has not been afforded ahearing prior to any short-term suspension, an opportunity for an informalhearing shall be afforded the pupil as soon thereafter as practicable but in noevent later than 72 hours after such short-term suspension has beenimposed. Any notice of the imposition of a short-term suspension thatprovides an opportunity for an informal hearing after such suspension has beenimposed shall state that failure of the pupil to attend the hearing will resultin a waiver of the pupil's opportunity for the hearing.
(d) No suspension for an extended term and no expulsion shall beimposed upon a pupil until an opportunity for a formalhearing thereon is afforded the pupil. A written notice of any proposal tosuspend for an extended term or to expel fromschool, and the charges upon which the proposal isbased shall be given to the pupil proposed to be suspended orexpelled from school, and to the pupil's parent or guardian. Any notice of aproposal to suspend for an extended term or to expel from school shallstate the time, date and place that the pupil will be afforded an opportunityfor a formal hearing, and that failure of the pupil and the pupil's parent orguardian to attend the hearing will result in a waiver of the pupil'sopportunity for the hearing. The hearing shall be held not later than 10 daysafter the date of the notice. The notice shall be accompanied by a copy ofthis act and the regulations of the board of education adopted underK.S.A. 72-8903, and amendments thereto.
(e) Whenever any written notice is required under this act to be given to apupil or to a pupil's parent or guardian, it shall besufficient if the notice is mailed to the address on file in the school recordsof the pupil. In lieu of mailing the written notice, the notice maybe personally delivered.
(f) A formal hearing on a suspension or expulsion may beconducted by any person or committee ofpersons authorized by theboard of education to conduct the hearing.
History: L. 1970, ch. 300, § 2; L. 1971, ch. 247, § 1; L. 1973,ch. 304, § 1; L. 1977, ch. 260, § 1; L. 1982, ch. 303, § 1;L. 1994, ch. 307, § 2;L. 1995, ch. 142, § 1;L. 1999, ch. 116, § 38;L. 2000, ch. 138, § 7; July 1.