{"data":{"id":"us-ky/krs-158.150","jurisdiction":"us-ky","citation":"KRS 158.150","heading":"Suspension or expulsion of students -- Alternative program or other","body":"intervention -- Removal from classroom -- Return of expelled student to school\ndistrict.\n(1) All students admitted to the common schools shall comply with the lawful\nregulations for the government of the schools:\n(a) Willful disobedience or defiance of the authority of the teachers or\nadministrators, use of profanity or vulgarity, assault or battery or abuse of\nother students, the threat of force or violence, the use or po ssession of alcohol\nor drugs, stealing or destruction or defacing of school property or personal\nproperty of students, the carrying or use of weapons or dangerous instruments,\nor other incorrigible bad conduct on school property, as well as off school\nproperty at school -sponsored activities, constitutes cause for suspension or\nexpulsion from school; and\n(b) Assault or battery or abuse of school personnel; stealing or willfully or\nwantonly defacing, destroying, or damaging the personal property of school\npersonnel on school property, off school property, or at school -sponsored\nactivities constitutes cause for suspension or expulsion from school.\n(2) (a) Each local board of education shall adopt a policy requiring the expulsion\nfrom school for a period of at least twelve (12) months for a student who:\n1. Is determined by the board through clear and convincing evidence to\nhave made threats that pose a danger to the well -being of students,\nfaculty, or staff of the district;\n2. Is determined by the board to have b rought a weapon to a school under\nits jurisdiction. In determining whether a student has brought a weapon\nto school, a local board of education shall:\na. Use the definition of \"unlawful possession of a weapon on school\nproperty\" described in KRS 527.070; and\nb. Include bus stops; or\n3. Is in grade six (6) to twelve (12) and is determined by the board to have\nrecklessly, with a deadly weapon or dangerous instrument, or\nintentionally caused or attempted to cause physical injury to a school\ndistrict employee on school property or at a schoo l function under the\nboard's jurisdiction. In considering the actions of a student under this\nsubparagraph, a local board of education shall use the definitions of\n\"dangerous instrument,\" \"deadly weapon,\" and \"physical injury\" in KRS\n500.080, and \"intentionally\" and \"recklessly\" in KRS 501.020.\n(b) The board shall also adopt a policy requiring disciplinary actions, up to and\nincluding expulsion from school, for a student who is determined by the board\nto have:\n1. Possessed prescription drugs or controlled s ubstances for the purpose of\nsale or distribution at a school under the board's jurisdiction;\n2. Physically assaulted, battered, or abused another student on school\nproperty, at a bus stop, or at a school function under the board's\njurisdiction; or\n3. Physically assaulted, battered, or abused school personnel or other\nstudents off school property and the incident is likely to substantially\ndisrupt the educational process.\n(c) As used in this subsection:\n1. \"Bus stop\" means a location where students wait for , board, or\ndisembark a school bus of the school district while those actions are\noccurring; and\n2. \"School personnel\" shall not include a student who is employed by a\nschool or enrolled in any school-based apprenticeship program.\n(3) (a) The board may modify the expulsion requirement and length for students on a\ncase-by-case basis, except the length of expulsion shall be at least twelve (12)\nmonths for a violation set forth in subsection (2)(a) of this section.\n(b) This section shall not prohibit a board from expelling a student for longer than\ntwelve (12) months.\n(c) 1. A board that has expelled a student from the student's regular school\nsetting shall provide or ensure that educational services are provided to\nthe student in an appropriate alternative pro gram or setting, unless the\nboard has made a determination, on the record, supported by clear and\nconvincing evidence, that the expelled student posed a threat to the\nsafety of other students or school staff and could not be placed into\nanappropriate alternative program or setting. Behavior which constitutes\na threat shall include but not be limited to the physical assault, battery,\nor abuse of others; the threat of physical force; being under the influence\nof drugs or alcohol; the use, possession, sale, or  transfer of drugs or\nalcohol; the carrying, possessing, or transfer of weapons or dangerous\ninstruments; and any other behavior which may endanger the safety of\nothers. Other intervention services as indicated for each student may be\nprovided by the board  or by agreement with the appropriate state or\ncommunity agency. The board may refer the student for evaluation or\ntreatment by the appropriate state or community agency, and may\nprovide other intervention as indicated for each student. A state agency\nthat provides the service shall be responsible for the cost.\n2. For purposes of this paragraph, \"appropriate alternative program or\nsetting\" means a program or setting that is not in the school building the\nstudent would otherwise attend, and includes but is n ot limited to a\nvirtual program as defined in KRS 157.320 and a state -funded agency\nprogram.\n3. Educational services provided to an expelled student under this\nparagraph shall not include transportation from the student's residence\nto, or returning from, an appropriate alternative program or setting.\n4. An expelled student shall not participate in any school -sponsored\nextracurricular or interscholastic activity of the district while the student\nis expelled.\n(d) 1. In lieu of expelling a student, or upon the  expiration of a student's\nexpulsion, a superintendent may place a student into an alternative\nprogram or setting if the superintendent determines placement of the\nstudent in his or her regular school setting is likely to substantially\ndisrupt the education process or constitutes a threat to the safety of other\nstudents or school staff. The action shall not be taken until the parent,\nguardian, or other person having legal custody or control of the student\nhas had an opportunity to have a hearing before the board or an appeals\ncommittee as described in subparagraph 2. of this paragraph.\n2. The board may adopt a policy to establish an appeals committee and\ndelegate the authority to hear appeals made under this paragraph to that\ncommittee.\n3. The alternative program or setting may be provided virtually.\n4. Notwithstanding any other statute or administrative regulation to the\ncontrary, students placed in an alternative program or setting under this\nparagraph shall be counted in attendance and membership for state\nfunding purposes in the same manner as other students participating in\nalternative programs of the district.\n5. Students placed in an alternative program or setting under this paragraph\nshall be subject to compulsory attendance requirements under KRS\nChapter 159 and applicable local board policy.\n6. Following the initial alternative placement of a student under this\nparagraph, the board shall review the alternative program or setting\nplacement at least once per year and determine if the placement should\nbe continued in accordance with subparagraph 1. of this paragraph.\n(4) For purposes of this subsection, \"charges\" means substantiated behavior that falls\nwithin the grounds for suspension or expulsion enumerated in subsection (1) of this\nsection, including b ehavior committed by a student while enrolled in a private or\npublic school, or in a school within another state. A school board may adopt a\npolicy providing that, if a student is suspended or expelled for any reason or faces\ncharges that may lead to suspe nsion or expulsion but withdraws prior to a hearing\nfrom any public or private school in this or any other state, the receiving district\nmay review the details of the charges, suspension, or expulsion and determine if the\nstudent will be admitted, and if s o, what conditions may be imposed upon the\nadmission, which may include placement of the student into an alternative program\nor setting as described in subsection (3)(d) of this section.\n(5) (a) School administrators, teachers, or other school personnel ma y immediately\nremove or cause to be removed threatening or violent students from a\nclassroom setting or from the district transportation system pending any\nfurther disciplinary action that may occur. Each board of education shall adopt\na policy to assure t he implementation of this section and to assure the safety\nof the students and staff.\n(b) Except as described in subsection (10) of this section:\n1. A principal may establish procedures for a student's removal from and\nreentry to the classroom when the student's behavior disrupts the\nclassroom environment and education process or the student challenges\nthe authority of a supervising adult. In addition to removal, the student\nshall be subject to further discipline for the behavior consistent with the\nschool's code of conduct;\n2. A student who is removed from the same classroom three (3) times\nwithin a thirty (30) day period shall be considered chronicall y disruptive\nand may be suspended from school in accordance with this section, and\nno other basis for suspension shall be deemed necessary;\n3. At any time during the school year, for a student who has been removed\nfrom the classroom under this paragraph, a  principal may require a\nreview of the classroom issues with the teacher and the parent, guardian,\nor other person having legal custody or control of the student and\ndetermine a course of action for the teacher and student regarding the\nstudent's continued placement in the classroom;\n4. At any time during the school year, a principal may permanently remove\na student from a classroom for the remainder of the school year if the\nprincipal determines the student's continued placement in the classroom\nwill chronically disrupt the education process for other students;\n5. When a student is removed from a classroom under this paragraph\ntemporarily or permanently, the principal shall determine the placement\nof the student in lieu of that classroom, which may include but is not\nlimited to:\na. Another classroom in that school; or\nb. An alternative program or setting, which may be provided\nvirtually, as approved by the superintendent;\n6. Any permanent action by a principal under this paragraph shall be\nsubject to an appe al process in accordance with a policy adopted by the\nboard; and\n7. Policies compliant with this paragraph shall be included in the code of\nbehavior and discipline adopted by the board of education under KRS\n158.148 and the policies adopted by the school c ouncil under KRS\n160.345.\n(6) A student shall not be suspended from the common schools until after at least the\nfollowing due process procedures have been provided:\n(a) The student has been given oral or written notice of the charge or charges\nagainst him or her which constitute cause for suspension;\n(b) The student has been given an explanation of the evidence of the charge or\ncharges if the student denies them; and\n(c) The student has been given an opportunity to present his or her own version of\nthe facts relating to the charge or charges.\nThese due process procedures shall precede any suspension from the common\nschools unless immediate suspension is essential to protect persons or property or to\navoid disruption of the ongoing academic process. In such cases, the due process\nprocedures outlined above shall follow the suspension as soon as practicable, but no\nlater than three (3) school days after the suspension.\n(7) (a) The superintendent, principal, assistant principal, or head teacher of any\nschool may  suspend a student but shall report the action in writing\nimmediately to the superintendent and to the parent, guardian, or other person\nhaving legal custody or control of the student.\n(b) 1. The board of education of any school district may expel or exten d the\nexpulsion of any student for misconduct as described in subsection (1)\nof this section, but the action shall not be taken until the parent,\nguardian, or other person having legal custody or control of the student\nhas had an opportunity to have a hear ing before the board. The decision\nof the board shall be final.\n2. Within thirty (30) days prior to the end of a student's expulsion, the\nboard shall review the details of the expulsion and current factors and\ncircumstances, including if ending the expulsi on will substantially\ndisrupt the education process or constitute a threat to the safety of\nstudents or school staff, to determine if the expulsion shall be extended\nfor a period not to exceed twelve (12) months.\n3. The expulsion review process shall be us ed prior to the end of each\nexpulsion period until the board ends the expulsion or the student is no\nlonger subject to compulsory attendance under KRS 159.010.\n4. Each board of education shall adopt a policy for implementation of the\nprocess described in this paragraph.\n(8) (a) Suspension of exceptional children, as defined in KRS 157.200, shall be\nconsidered a change of educational placement if:\n1. The child is removed for more than ten (10) consecutive days during a\nschool year; or\n2. The child is subject ed to a series of removals that constitute a pattern\nbecause the removals accumulate to more than ten (10) school days\nduring a school year and because of other factors, such as the length of\neach removal, the total amount of time the child is removed, and  the\nproximity of removals to one another.\n(b) The admissions and release committee shall meet to review the placement and\nmake a recommendation for continued placement or a change in placement\nand determine whether regular suspension or expulsion procedur es apply.\nAdditional evaluations shall be completed, if necessary.\n(c) If the admissions and release committee determines that an exceptional child's\nbehavior is related to his or her disability, the child shall not be suspended any\nfurther or expelled unl ess the current placement could result in injury to the\nchild, other children, or the educational personnel, in which case an\nappropriate alternative placement shall be provided that will provide for the\nchild's educational needs and will provide a safe le arning and teaching\nenvironment for all. If the admissions and release committee determines that\nthe behavior is not related to the disability, the local educational agency may\npursue its regular suspension or expulsion procedure for the child, if the\nbehavior so warrants. However, educational services shall not be terminated\nduring a period of expulsion and during a suspension after a student is\nsuspended for more than a total of ten (10) days during a school year. A\ndistrict may seek temporary injunctive relief through the courts if the parent\nand the other members of the admissions and release committee cannot agree\nupon a placement and the current placement will likely result in injury to the\nstudent or others.\n(9) Suspension of primary school students shall be considered only in exceptional cases\nwhere there are safety issues for the child or others.\n(10) Any action under this section related to students with disabilities shall be in\ncompliance with applicable federal law.\n(11) This section shall not be interpreted or construed to preclude the requirements\ncontained in KRS 158.305 or 158.4416.\n(12) Notwithstanding the term of an expulsion established under this section or by the\nboard, an expelled student shall be allowed to retur n to the school district subject to\nthe following:\n(a) At least twenty -six (26) weeks shall have passed since the student was\nexpelled;\n(b) The student was expelled pursuant to subsection (2)(a)3. of this section and\nhad not previously been expelled;\n(c) The expelled student shall have:\n1. Written and submitted a letter to any person injured by the actions that\nresulted in the expulsion and to the adjudicating body established in\nparagraph (d) of this subsection that requests the end of the student's\nexpulsion;\n2. Completed a total number of community service hours that is at least\nequal to fifteen (15) hours for each week since the student was expelled;\n3. Earned a cumulative grade point average of at least three (3) on any\ncoursework completed since the student was expelled; and\n4. Any other requirements established by the board; and\n(d) Upon satisfying all requirements established in paragraphs (a), (b), and (c) of\nthis subsection, an adjudicating body shall review the expelled student's\nrequest to end the expulsion. The adjudicating body shall:\n1. Be composed of the superintendent or designee, the principal or\ndesignee, and any individual person injured by the actions that resulted\nin the expulsion;\n2. Review the expelled student's request and evidence of satisfying the\nrequirements under paragraphs (a), (b), and (c) of this subsection; and\n3. Only authorize the end of the student's expulsion upon unanimous\nagreement of the members of the adjudicating body.","path":["KRS Chapter 158"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=57377","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:51:04Z","sha256":"cc046b6aac7f9d11ba8ce1f07f1f2f956c80c41a1b457e4c6465de74dc8f1afe","source_id":"us-ky","stale":false,"prev":"us-ky/krs-158.149","next":"us-ky/krs-158.153"},"notice":"GroundRules: Original legal text. Not legal advice."}