[As Further Amended by Senate Committee of the Whole]

As Amended by Senate Committee
Session of 2000
By Senator Vratil

11             AN  ACT concerning school districts; relating to suspension or expulsion
12             of pupils from school; amending K.S.A. 1999 Supp. 72-8902 and 72-
13             8904 and repealing the existing section sections.
15       Be it enacted by the Legislature of the State of Kansas:
16             Section  1. K.S.A. 1999 Supp. 72-8902 is hereby amended to read as
17       follows: 72-8902. (a) (1) Except as authorized in provision (2), a [A] sus-
18       pension may be for a short term not exceeding five n] school days, or
19       for an extended term not exceeding 90 school days. An expulsion may be
20       for a term not exceeding 186 school days. If a suspension or expulsion is
21       for a term exceeding the number of school days remaining in the school
22       year, any remaining part of the term of the suspension or expulsion may
23       be applied to the succeeding school year.
24             (2) A short-term suspension may be imposed for not more than 10
25       school days if a pupil: (A) Carries Is in possession of a weapon to at school,
26       onto on school property, or to at a school supervised activity; (B) know-
27       ingly possesses or uses illegal drugs or sells or solicits the sale of a con-
28       trolled substance while at school, on school property or at a school su-
29       pervised activity; or (C) has engaged in behavior which resulted in, or was
30       substantially likely to have resulted in, injury to the pupil or to others.
31             (3) For the purposes of this provision, the following definitions apply:
32       (A) ``Controlled substance'' means a drug or other substance identified
33       under schedules I, II, III, IV, or V in 21 U.S.C. 812(c); (B) ``illegal drug''
34       means a controlled substance but does not include such a substance that
35       is legally possessed or used under the supervision of a licensed health-
36       care professional or that is legally possessed or used under any other
37       authority under any federal or state law; and (C) ``weapon'' means a
38       weapon, device, instrument, material, or substance, animate or inanimate,
39       that is used for, or is readily capable of, causing death or serious bodily
40       injury, except that such term does not include a pocket knife with a blade
41       of less than 21/2 inches in length.
42             (b)  (1) Except as authorized in provision (2), no suspension for a


  1       short term shall be imposed upon a pupil without giving the pupil notice
  2       of the charges and affording the pupil an opportunity for a hearing
  3       thereon. The notice may be oral or written and the hearing may be held
  4       immediately after the notice is given. The hearing may be conducted
  5       informally but shall include the following procedural due process require-
  6       ments: (A) The right of the pupil to be present at the hearing; (B) the
  7       right of the pupil to be informed of the charges; (C) the right of the pupil
  8       to be informed of the basis for the accusation; and (D) the right of the
  9       pupil to make statements in defense or mitigation of the charges or ac-
10       cusations. Refusal of a pupil to be present at the hearing will constitute
11       a waiver of the pupil's opportunity for a hearing.
12             (2) A short-term suspension may be imposed upon a pupil forthwith,
13       and without affording the pupil a hearing if the presence of the pupil
14       endangers other persons or property or substantially disrupts, impedes or
15       interferes with the operation of the school.
16             (c) A written notice of any short-term suspension and the reason
17       therefor shall be given to the pupil involved and to the pupil's parent or
18       guardian within 24 hours after the suspension has been imposed and, in
19       the event the pupil has not been afforded a hearing prior to any short-
20       term suspension, an opportunity for an informal hearing shall be afforded
21       the pupil as soon thereafter as practicable but in no event later than 72
22       hours after such short-term suspension has been imposed. Any notice of
23       the imposition of a short-term suspension that provides an opportunity
24       for an informal hearing after such suspension has been imposed shall state
25       that failure of the pupil to attend the hearing will result in a waiver of the
26       pupil's opportunity for the hearing.
27             (d) No suspension for an extended term and no expulsion shall be
28       imposed upon a pupil until an opportunity for a formal hearing thereon
29       is afforded the pupil. A written notice of any proposal to suspend for an
30       extended term or to expel from school, and the charges upon which the
31       proposal is based shall be given to the pupil proposed to be suspended
32       or expelled from school, and to the pupil's parent or guardian. Any notice
33       of a proposal to suspend for an extended term or to expel from school
34       shall state the time, date and place that the pupil will be afforded an
35       opportunity for a formal hearing, and that failure of the pupil and the
36       pupil's parent or guardian to attend the hearing will result in a waiver of
37       the pupil's opportunity for the hearing. The hearing shall be held not later
38       than 10 days after the date of the notice. The notice shall be accompanied
39       by a copy of this act and the regulations of the board of education adopted
40       under K.S.A. 72-8903, and amendments thereto.
41             (e) Whenever any written notice is required under this act to be given
42       to a pupil or to a pupil's parent or guardian, it shall be sufficient if the
43       notice is mailed to the address on file in the school records of the pupil.


  1       In lieu of mailing the written notice, the notice may be personally
  2       delivered.
  3             (f) A formal hearing on a suspension or expulsion may be conducted
  4       by any certificated employee person or committee of certificated em-
  5       ployees persons authorized by the board of education to conduct the
  6       hearing. 
  7       Sec.  2. K.S.A. 1999 Supp. 72-8904 is hereby amended to read
  8       as follows: 72-8904. (a) Written notice of the result of any hearing
  9       imposing an extended-term suspension or an expulsion from school
10       shall be given to the pupil suspended or expelled from school, and
11       to the parents or guardians of the pupil within 24 hours after de-
12       termination of such result.
13             (b) Any pupil, age 18 or older, who has been suspended for an
14       extended term or expelled, or one of the pupil's parents or guardians
15       of a pupil under age 18, may appeal such suspension or expulsion to
16       the board of education of the school district by filing a written no-
17       tice of appeal with the clerk of the board of education not later than
18       10 calendar days after receiving the written notice. Any such appeal
19       shall be heard by the board of education, or by a hearing officer
20       appointed by such board, not later than 20 calendar days after such
21       notice of appeal is filed unless the term of the suspension has been
22       completed. The pupil and the pupil's parents or guardians shall be
23       notified in writing of the time and place of the appeal hearing at
24       least five days prior thereto. Such appeal shall be conducted under
25       rules which are consonant with K.S.A. 72-8903, and amendments
26       thereto. The decision on any such appeal shall be rendered not later
27       than five days after the conclusion of the appeal hearing.
28             (c) For the purpose of hearing an appeal of an extended-term
29       suspension or an expulsion, the board of education may appoint one
30       or more hearing officers. Any such hearing officer shall be a member
31       of the board of education, a certificated employee of the school dis-
32       trict, or an attorney admitted to the practice of law in this state.
33       Any such appointment shall apply to a particular hearing or to a
34       set or class of hearings as specified by the board of education in
35       making the appointment. Whenever a hearing officer appointed un-
36       der authority of this section hears any appeal, the hearing officer
37       shall prepare a written report thereon to the board of education.
38       After receiving any such report, the board of education shall deter-
39       mine the matter with or without additional hearing. Any matter
40       determined by the board of education in accordance with this sub-
41       section shall be valid to the same extent as if the matter were fully
42       heard by the board of education without a hearing officer.
43        Sec.  2 3. K.S.A. 1999 Supp. 72-8902 is and 72-8904 are hereby


  1       repealed.
  2        Sec.  3 4. This act shall take effect and be in force from and after its
  3       publication in the statute book.