167.161. Suspension or expulsion of pupil--notice--hearing--felony violation, grounds for suspension.
Suspension or expulsion of pupil--notice--hearing--felony violation,grounds for suspension.
167.161. 1. The school board of any district, after notice toparents or others having custodial care and a hearing upon chargespreferred, may suspend or expel a pupil for conduct which is prejudicial togood order and discipline in the schools or which tends to impair themorale or good conduct of the pupils. In addition to the authority grantedin section 167.171, a school board may authorize, by general rule, theimmediate removal of a pupil upon a finding by the principal,superintendent, or school board that the pupil poses a threat of harm tosuch pupil or others, as evidenced by the prior conduct of such pupil.Prior disciplinary actions shall not be used as the sole basis for removal,suspension or expulsion of a pupil. Removal of any pupil who is a studentwith a disability is subject to state and federal procedural rights. Atthe hearing upon any such removal, suspension or expulsion, the board shallconsider the evidence and statements that the parties present and mayconsider records of past disciplinary actions, criminal court records orjuvenile court records consistent with other provisions of the law, or theactions of the pupil which would constitute a criminal offense. The boardmay provide by general rule not inconsistent with this section for theprocedure and conduct of such hearings. After meeting with thesuperintendent or his designee to discuss the expulsion, the parent,custodian or the student, if at least eighteen years of age, may, inwriting, waive any right to a hearing before the board of education.
2. The school board of any district, after notice to parents orothers having custodial care and a hearing upon the matter, may suspend apupil upon a finding that the pupil has been charged, convicted or pledguilty in a court of general jurisdiction for the commission of a felonycriminal violation of state or federal law. At a hearing required by thissubsection, the board shall consider statements that the parties present.The board may provide for the procedure and conduct of such hearings.
3. The school board shall make a good-faith effort to have theparents or others having custodial care present at any such hearing.Notwithstanding any other provision of law to the contrary, studentdiscipline hearings or proceedings related to the rights of students toattend school or to receive academic credit shall not be required to complywith the requirements applicable to contested case hearings as provided inchapter 536, RSMo, provided that appropriate due process procedures shallbe observed which shall include the right for a trial de novo by thecircuit court.
(L. 1963 p. 200 § 8-16, A.L. 1995 174, et al., A.L. 1996 H.B. 791 merged with H.B. 1301 & 1298, A.L. 1997 H.B. 641 & 593)(Source: RSMo 1959 §§ 163.010, 165.393)