KRS 158.150: Suspension or expulsion of students -- Alternative program or other

intervention -- Removal from classroom -- Return of expelled student to school

district.

(1) All students admitted to the common schools shall comply with the lawful

regulations for the government of the schools:

(a) Willful disobedience or defiance of the authority of the teachers or

administrators, use of profanity or vulgarity, assault or battery or abuse of

other students, the threat of force or violence, the use or po ssession of alcohol

or drugs, stealing or destruction or defacing of school property or personal

property of students, the carrying or use of weapons or dangerous instruments,

or other incorrigible bad conduct on school property, as well as off school

property at school -sponsored activities, constitutes cause for suspension or

expulsion from school; and

(b) Assault or battery or abuse of school personnel; stealing or willfully or

wantonly defacing, destroying, or damaging the personal property of school

personnel on school property, off school property, or at school -sponsored

activities constitutes cause for suspension or expulsion from school.

(2) (a) Each local board of education shall adopt a policy requiring the expulsion

from school for a period of at least twelve (12) months for a student who:

1. Is determined by the board through clear and convincing evidence to

have made threats that pose a danger to the well -being of students,

faculty, or staff of the district;

2. Is determined by the board to have b rought a weapon to a school under

its jurisdiction. In determining whether a student has brought a weapon

to school, a local board of education shall:

a. Use the definition of "unlawful possession of a weapon on school

property" described in KRS 527.070; and

b. Include bus stops; or

3. Is in grade six (6) to twelve (12) and is determined by the board to have

recklessly, with a deadly weapon or dangerous instrument, or

intentionally caused or attempted to cause physical injury to a school

district employee on school property or at a schoo l function under the

board's jurisdiction. In considering the actions of a student under this

subparagraph, a local board of education shall use the definitions of

"dangerous instrument," "deadly weapon," and "physical injury" in KRS

500.080, and "intentionally" and "recklessly" in KRS 501.020.

(b) The board shall also adopt a policy requiring disciplinary actions, up to and

including expulsion from school, for a student who is determined by the board

to have:

1. Possessed prescription drugs or controlled s ubstances for the purpose of

sale or distribution at a school under the board's jurisdiction;

2. Physically assaulted, battered, or abused another student on school

property, at a bus stop, or at a school function under the board's

jurisdiction; or

3. Physically assaulted, battered, or abused school personnel or other

students off school property and the incident is likely to substantially

disrupt the educational process.

(c) As used in this subsection:

1. "Bus stop" means a location where students wait for , board, or

disembark a school bus of the school district while those actions are

occurring; and

2. "School personnel" shall not include a student who is employed by a

school or enrolled in any school-based apprenticeship program.

(3) (a) The board may modify the expulsion requirement and length for students on a

case-by-case basis, except the length of expulsion shall be at least twelve (12)

months for a violation set forth in subsection (2)(a) of this section.

(b) This section shall not prohibit a board from expelling a student for longer than

twelve (12) months.

(c) 1. A board that has expelled a student from the student's regular school

setting shall provide or ensure that educational services are provided to

the student in an appropriate alternative pro gram or setting, unless the

board has made a determination, on the record, supported by clear and

convincing evidence, that the expelled student posed a threat to the

safety of other students or school staff and could not be placed into

anappropriate alternative program or setting. Behavior which constitutes

a threat shall include but not be limited to the physical assault, battery,

or abuse of others; the threat of physical force; being under the influence

of drugs or alcohol; the use, possession, sale, or transfer of drugs or

alcohol; the carrying, possessing, or transfer of weapons or dangerous

instruments; and any other behavior which may endanger the safety of

others. Other intervention services as indicated for each student may be

provided by the board or by agreement with the appropriate state or

community agency. The board may refer the student for evaluation or

treatment by the appropriate state or community agency, and may

provide other intervention as indicated for each student. A state agency

that provides the service shall be responsible for the cost.

2. For purposes of this paragraph, "appropriate alternative program or

setting" means a program or setting that is not in the school building the

student would otherwise attend, and includes but is n ot limited to a

virtual program as defined in KRS 157.320 and a state -funded agency

program.

3. Educational services provided to an expelled student under this

paragraph shall not include transportation from the student's residence

to, or returning from, an appropriate alternative program or setting.

4. An expelled student shall not participate in any school -sponsored

extracurricular or interscholastic activity of the district while the student

is expelled.

(d) 1. In lieu of expelling a student, or upon the expiration of a student's

expulsion, a superintendent may place a student into an alternative

program or setting if the superintendent determines placement of the

student in his or her regular school setting is likely to substantially

disrupt the education process or constitutes a threat to the safety of other

students or school staff. The action shall not be taken until the parent,

guardian, or other person having legal custody or control of the student

has had an opportunity to have a hearing before the board or an appeals

committee as described in subparagraph 2. of this paragraph.

2. The board may adopt a policy to establish an appeals committee and

delegate the authority to hear appeals made under this paragraph to that

committee.

3. The alternative program or setting may be provided virtually.

4. Notwithstanding any other statute or administrative regulation to the

contrary, students placed in an alternative program or setting under this

paragraph shall be counted in attendance and membership for state

funding purposes in the same manner as other students participating in

alternative programs of the district.

5. Students placed in an alternative program or setting under this paragraph

shall be subject to compulsory attendance requirements under KRS

Chapter 159 and applicable local board policy.

6. Following the initial alternative placement of a student under this

paragraph, the board shall review the alternative program or setting

placement at least once per year and determine if the placement should

be continued in accordance with subparagraph 1. of this paragraph.

(4) For purposes of this subsection, "charges" means substantiated behavior that falls

within the grounds for suspension or expulsion enumerated in subsection (1) of this

section, including b ehavior committed by a student while enrolled in a private or

public school, or in a school within another state. A school board may adopt a

policy providing that, if a student is suspended or expelled for any reason or faces

charges that may lead to suspe nsion or expulsion but withdraws prior to a hearing

from any public or private school in this or any other state, the receiving district

may review the details of the charges, suspension, or expulsion and determine if the

student will be admitted, and if s o, what conditions may be imposed upon the

admission, which may include placement of the student into an alternative program

or setting as described in subsection (3)(d) of this section.

(5) (a) School administrators, teachers, or other school personnel ma y immediately

remove or cause to be removed threatening or violent students from a

classroom setting or from the district transportation system pending any

further disciplinary action that may occur. Each board of education shall adopt

a policy to assure t he implementation of this section and to assure the safety

of the students and staff.

(b) Except as described in subsection (10) of this section:

1. A principal may establish procedures for a student's removal from and

reentry to the classroom when the student's behavior disrupts the

classroom environment and education process or the student challenges

the authority of a supervising adult. In addition to removal, the student

shall be subject to further discipline for the behavior consistent with the

school's code of conduct;

2. A student who is removed from the same classroom three (3) times

within a thirty (30) day period shall be considered chronicall y disruptive

and may be suspended from school in accordance with this section, and

no other basis for suspension shall be deemed necessary;

3. At any time during the school year, for a student who has been removed

from the classroom under this paragraph, a principal may require a

review of the classroom issues with the teacher and the parent, guardian,

or other person having legal custody or control of the student and

determine a course of action for the teacher and student regarding the

student's continued placement in the classroom;

4. At any time during the school year, a principal may permanently remove

a student from a classroom for the remainder of the school year if the

principal determines the student's continued placement in the classroom

will chronically disrupt the education process for other students;

5. When a student is removed from a classroom under this paragraph

temporarily or permanently, the principal shall determine the placement

of the student in lieu of that classroom, which may include but is not

limited to:

a. Another classroom in that school; or

b. An alternative program or setting, which may be provided

virtually, as approved by the superintendent;

6. Any permanent action by a principal under this paragraph shall be

subject to an appe al process in accordance with a policy adopted by the

board; and

7. Policies compliant with this paragraph shall be included in the code of

behavior and discipline adopted by the board of education under KRS

158.148 and the policies adopted by the school c ouncil under KRS

160.345.

(6) A student shall not be suspended from the common schools until after at least the

following due process procedures have been provided:

(a) The student has been given oral or written notice of the charge or charges

against him or her which constitute cause for suspension;

(b) The student has been given an explanation of the evidence of the charge or

charges if the student denies them; and

(c) The student has been given an opportunity to present his or her own version of

the facts relating to the charge or charges.

These due process procedures shall precede any suspension from the common

schools unless immediate suspension is essential to protect persons or property or to

avoid disruption of the ongoing academic process. In such cases, the due process

procedures outlined above shall follow the suspension as soon as practicable, but no

later than three (3) school days after the suspension.

(7) (a) The superintendent, principal, assistant principal, or head teacher of any

school may suspend a student but shall report the action in writing

immediately to the superintendent and to the parent, guardian, or other person

having legal custody or control of the student.

(b) 1. The board of education of any school district may expel or exten d the

expulsion of any student for misconduct as described in subsection (1)

of this section, but the action shall not be taken until the parent,

guardian, or other person having legal custody or control of the student

has had an opportunity to have a hear ing before the board. The decision

of the board shall be final.

2. Within thirty (30) days prior to the end of a student's expulsion, the

board shall review the details of the expulsion and current factors and

circumstances, including if ending the expulsi on will substantially

disrupt the education process or constitute a threat to the safety of

students or school staff, to determine if the expulsion shall be extended

for a period not to exceed twelve (12) months.

3. The expulsion review process shall be us ed prior to the end of each

expulsion period until the board ends the expulsion or the student is no

longer subject to compulsory attendance under KRS 159.010.

4. Each board of education shall adopt a policy for implementation of the

process described in this paragraph.

(8) (a) Suspension of exceptional children, as defined in KRS 157.200, shall be

considered a change of educational placement if:

1. The child is removed for more than ten (10) consecutive days during a

school year; or

2. The child is subject ed to a series of removals that constitute a pattern

because the removals accumulate to more than ten (10) school days

during a school year and because of other factors, such as the length of

each removal, the total amount of time the child is removed, and the

proximity of removals to one another.

(b) The admissions and release committee shall meet to review the placement and

make a recommendation for continued placement or a change in placement

and determine whether regular suspension or expulsion procedur es apply.

Additional evaluations shall be completed, if necessary.

(c) If the admissions and release committee determines that an exceptional child's

behavior is related to his or her disability, the child shall not be suspended any

further or expelled unl ess the current placement could result in injury to the

child, other children, or the educational personnel, in which case an

appropriate alternative placement shall be provided that will provide for the

child's educational needs and will provide a safe le arning and teaching

environment for all. If the admissions and release committee determines that

the behavior is not related to the disability, the local educational agency may

pursue its regular suspension or expulsion procedure for the child, if the

behavior so warrants. However, educational services shall not be terminated

during a period of expulsion and during a suspension after a student is

suspended for more than a total of ten (10) days during a school year. A

district may seek temporary injunctive relief through the courts if the parent

and the other members of the admissions and release committee cannot agree

upon a placement and the current placement will likely result in injury to the

student or others.

(9) Suspension of primary school students shall be considered only in exceptional cases

where there are safety issues for the child or others.

(10) Any action under this section related to students with disabilities shall be in

compliance with applicable federal law.

(11) This section shall not be interpreted or construed to preclude the requirements

contained in KRS 158.305 or 158.4416.

(12) Notwithstanding the term of an expulsion established under this section or by the

board, an expelled student shall be allowed to retur n to the school district subject to

the following:

(a) At least twenty -six (26) weeks shall have passed since the student was

expelled;

(b) The student was expelled pursuant to subsection (2)(a)3. of this section and

had not previously been expelled;

(c) The expelled student shall have:

1. Written and submitted a letter to any person injured by the actions that

resulted in the expulsion and to the adjudicating body established in

paragraph (d) of this subsection that requests the end of the student's

expulsion;

2. Completed a total number of community service hours that is at least

equal to fifteen (15) hours for each week since the student was expelled;

3. Earned a cumulative grade point average of at least three (3) on any

coursework completed since the student was expelled; and

4. Any other requirements established by the board; and

(d) Upon satisfying all requirements established in paragraphs (a), (b), and (c) of

this subsection, an adjudicating body shall review the expelled student's

request to end the expulsion. The adjudicating body shall:

1. Be composed of the superintendent or designee, the principal or

designee, and any individual person injured by the actions that resulted

in the expulsion;

2. Review the expelled student's request and evidence of satisfying the

requirements under paragraphs (a), (b), and (c) of this subsection; and

3. Only authorize the end of the student's expulsion upon unanimous

agreement of the members of the adjudicating body.