Session of 2000
By Senator Brownlee

10             AN  ACT concerning school districts; relating to suspension and expulsion
11             of pupils from school; amending K.S.A. 1999 Supp. 72-8902 and 72-
12             8904 and repealing the existing sections.
14       Be it enacted by the Legislature of the State of Kansas:
15             Section  1. K.S.A. 1999 Supp. 72-8902 is hereby amended to read as
16       follows: 72-8902. (a) (1) Except as authorized in provision (2), A suspen-
17       sion may be for a short term not exceeding five 10 school days, or for an
18       extended term not exceeding 90 school days. An expulsion may be for a
19       term not exceeding 186 school days. If a suspension or expulsion is for a
20       term exceeding the number of school days remaining in the school year,
21       any remaining part of the term of the suspension or expulsion may be
22       applied to the succeeding school year.
23             (2) A short-term suspension may be imposed for not more than 10
24       school days if a pupil: (A) Carries a weapon to school, onto school prop-
25       erty, or to a school supervised activity; (B) knowingly possesses or uses
26       illegal drugs or sells or solicits the sale of a controlled substance while at
27       school, on school property or at a school supervised activity; or (C) has
28       engaged in behavior which resulted in, or was substantially likely to have
29       resulted in, injury to the pupil or to others.
30             (3) For the purposes of this provision, the following definitions apply:
31       (A) "Controlled substance" means a drug or other substance identified
32       under schedules I, II, III, IV, or V in 21 U.S.C. 812(c); (B) "illegal drug"
33       means a controlled substance but does not include such a substance that
34       is legally possessed or used under the supervision of a licensed health-
35       care professional or that is legally possessed or used under any other
36       authority under any federal or state law; and (C) "weapon" means a
37       weapon, device, instrument, material, or substance, animate or inanimate,
38       that is used for, or is readily capable of, causing death or serious bodily
39       injury, except that such term does not include a pocket knife with a blade
40       of less than 21/2 inches in length.
41             (b)  (1) Except as authorized in provision (2), no suspension for a
42       short term shall be imposed upon a pupil without giving the pupil notice
43       of the charges and affording the pupil an opportunity for a hearing


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


  1             (f) A formal hearing on a suspension or expulsion may be conducted
  2       by any certificated employee or committee of certificated employees au-
  3       thorized by the board of education to conduct the hearing.
  4             Sec.  2. K.S.A. 1999 Supp. 72-8904 is hereby amended to read as
  5       follows: 72-8904. (a) Written notice of the result of any hearing imposing
  6       an extended-term suspension or an expulsion from school shall be given
  7       to the pupil suspended or expelled from school, and to the parents or
  8       guardians of the pupil within 24 hours after determination of such result.
  9             (b) Any pupil, age 18 or older, who has been suspended for an ex-
10       tended term or expelled, or one of the pupil's parents or guardians of a
11       pupil under age 18, may appeal such suspension or expulsion to the board
12       of education of the school district by filing a written notice of appeal with
13       the clerk of the board of education not later than 10 calendar days after
14       receiving the written notice. Any such appeal shall be heard by the board
15       of education, or by a hearing officer appointed by such board, not later
16       than 20 calendar days after such notice of appeal is filed unless the term
17       of the suspension has been completed. The pupil and the pupil's parents
18       or guardians shall be notified in writing of the time and place of the appeal
19       hearing at least five days prior thereto. Such appeal shall be conducted
20       under rules which are consonant with K.S.A. 72-8903, and amendments
21       thereto. The decision on any such appeal shall be rendered not later than
22       five days after the conclusion of the appeal hearing.
23             (c) For the purpose of hearing an appeal of an extended-term sus-
24       pension or an expulsion, the board of education may appoint one or more
25       hearing officers. Any such hearing officer shall be a member of the board
26       of education, a certificated employee of the school district, or an attorney
27       admitted to the practice of law in this state. Any such appointment shall
28       apply to a particular hearing or to a set or class of hearings as specified
29       by the board of education in making the appointment. Whenever a hear-
30       ing officer appointed under authority of this section hears any appeal, the
31       hearing officer shall prepare a written report thereon to the board of
32       education. After receiving any such report, the board of education shall
33       determine the matter with or without additional hearing. Any matter de-
34       termined by the board of education in accordance with this subsection
35       shall be valid to the same extent as if the matter were fully heard by the
36       board of education without a hearing officer. 
37       Sec.  3. K.S.A. 1999 Supp. 72-8902 and 72-8904 are hereby repealed.
38        Sec.  4. This act shall take effect and be in force from and after its
39       publication in the statute book.