Sec. 3313.661. (A) The board of education of each city,

464

exempted village, and local school district shall adopt a policy

465

regarding suspension, expulsion, removal, and permanent exclusion

466

that specifies the types of misconduct for which a pupil may be

467

suspended, expelled, or removed. The types of misconduct may

468

include misconduct by a pupil that occurs off of property owned or

469

controlled by the district but that is connected to activities or

470

incidents that have occurred on property owned or controlled by

471

that district and misconduct by a pupil that, regardless of where

472

it occurs, is directed at a district official or employee, or the

473

property of such official or employee. The policy shall specify

474

the reasons for which the superintendent of the district may

475

reduce the expulsion requirement in division (B)(2) of section

476

3313.66 of the Revised Code. If a board of education adopts a

477

resolution pursuant to division (B)(3) of section 3313.66 of the

478

Revised Code, the policy shall define the term "knife" or

479

"firearm," as applicable, for purposes of expulsion under that

480

resolution and shall specify any reasons for which the

481

superintendent of the district may reduce any required expulsion

482

period on a case-by-case basis. If a board of education adopts a

483

resolution pursuant to division (B)(4) or, (5), or (6) of section

484

3313.66 of the Revised Code, the policy shall specify any reasons

485

for which the superintendent of the district may reduce any

486

~~required~~ expulsion period on a case-by-case basis. The policy also

487

shall set forth the acts listed in section 3313.662 of the Revised

488

Code for which a pupil may be permanently excluded.

489

Sec. 3313.66. (A) Except as provided under division (B)(2)	9
of this section, the superintendent of schools of a city, exempted	10
village, or local school district, or the principal of a public	11
school may suspend a pupil from school for not more than ten	12
school days. The board of education of a city, exempted village,	13
or local school district may adopt a policy granting assistant	14
principals and other administrators the authority to suspend a	15
pupil from school for a period of time as specified in the policy	16
of the board of education, not to exceed ten school days. If at	17
the time a suspension is imposed there are fewer than ten school	18
days remaining in the school year in which the incident that gives	19
rise to the suspension takes place, the superintendent may apply	20
any remaining part or all of the period of the suspension to the	21
following school year. Except in the case of a pupil given an	22
in-school suspension, no pupil shall be suspended unless prior to	23
the suspension such superintendent or principal does both of the	24
following:	25

(1) Gives the pupil written notice of the intention to	26
suspend the pupil and the reasons for the intended suspension and,	27
if the proposed suspension is based on a violation listed in	28
division (A) of section 3313.662 of the Revised Code and if the	29
pupil is sixteen years of age or older, includes in the notice a	30
statement that the superintendent may seek to permanently exclude	31
the pupil if the pupil is convicted of or adjudicated a delinquent	32
child for that violation;	33

(2) Provides the pupil an opportunity to appear at an	34
informal hearing before the principal, assistant principal,	35
superintendent, or superintendent's designee and challenge the	36
reason for the intended suspension or otherwise to explain the	37
pupil's actions.	38

(B)(1) Except as provided under division (B)(2), (3), or (4),	39
(5), or (6) of this section, the superintendent of schools of a	40
city, exempted village, or local school district may expel a pupil	41
from school for a period not to exceed the greater of eighty	42
school days or the number of school days remaining in the semester	43
or term in which the incident that gives rise to the expulsion	44
takes place, unless the expulsion is extended pursuant to division	45
(F) of this section. If at the time an expulsion is imposed there	46
are fewer than eighty school days remaining in the school year in	47
which the incident that gives rise to the expulsion takes place,	48
the superintendent may apply any remaining part or all of the	49
period of the expulsion to the following school year.	50

(2)(a) Unless a pupil is permanently excluded pursuant to	51
section 3313.662 of the Revised Code, the superintendent of	52
schools of a city, exempted village, or local school district	53
shall expel a pupil from school for a period of one year for	54
bringing a firearm to a school operated by the board of education	55
of the district or onto any other property owned or controlled by	56
the board, except that the superintendent may reduce this	57
requirement on a case-by-case basis in accordance with the policy	58
adopted by the board under section 3313.661 of the Revised Code.	59

Section 1. That sections 3313.66 and 3313.661 of the Revised	7
Code be amended to read as follows:	8

(b) The superintendent of schools of a city, exempted	60
village, or local school district may expel a pupil from school	61
for a period of one year for bringing a firearm to an	62
interscholastic competition, an extracurricular event, or any	63
other school program or activity that is not located in a school	64
or on property that is owned or controlled by the district. The	65
superintendent may reduce this disciplinary action on a	66
case-by-case basis in accordance with the policy adopted by the	67
board under section 3313.661 of the Revised Code.	68

(c) Any expulsion pursuant to division (B)(2) of this section	69
shall extend, as necessary, into the school year following the	70
school year in which the incident that gives rise to the expulsion	71
takes place. As used in this division, "firearm" has the same	72
meaning as provided pursuant to the "Gun-Free Schools Act," 115	73
Stat. 1762, 20 U.S.C. 7151.	74

(3) The board of education of a city, exempted village, or	75
local school district may adopt a resolution authorizing the	76
superintendent of schools to expel a pupil from school for a	77
period not to exceed one year for bringing a knife to a school	78
operated by the board, onto any other property owned or controlled	79
by the board, or to an interscholastic competition, an	80
extracurricular event, or any other program or activity sponsored	81
by the school district or in which the district is a participant,	82
or for possessing a firearm or knife at a school, on any other	83
property owned or controlled by the board, or at an	84
interscholastic competition, an extracurricular event, or any	85
other school program or activity, which firearm or knife was	86
initially brought onto school board property by another person.	87
The resolution may authorize the superintendent to extend such an	88
expulsion, as necessary, into the school year following the school	89
year in which the incident that gives rise to the expulsion takes	90
place.	91

(4) The board of education of a city, exempted village, or	92
local school district may adopt a resolution establishing a policy	93
under section 3313.661 of the Revised Code that authorizes the	94
superintendent of schools to expel a pupil from school for a	95
period not to exceed one year for committing an act that is a	96
criminal offense when committed by an adult and that results in	97
serious physical harm to persons as defined in division (A)(5) of	98
section 2901.01 of the Revised Code or serious physical harm to	99
property as defined in division (A)(6) of section 2901.01 of the	100
Revised Code while the pupil is at school, on any other property	101
owned or controlled by the board, or at an interscholastic	102
competition, an extracurricular event, or any other school program	103
or activity. Any expulsion under this division shall extend, as	104
necessary, into the school year following the school year in which	105
the incident that gives rise to the expulsion takes place.	106

(5) The board of education of any city, exempted village, or	107
local school district may adopt a resolution establishing a policy	108
under section 3313.661 of the Revised Code that authorizes the	109
superintendent of schools to expel a pupil from school for a	110
period not to exceed one year for making a bomb threat to a school	111
building or to any premises at which a school activity is	112
occurring at the time of the threat. Any expulsion under this	113
division shall extend, as necessary, into the school year	114
following the school year in which the incident that gives rise to	115
the expulsion takes place.	116

(6) The board of education of any city, exempted village, or	117
local school district may adopt a resolution establishing a policy	118
under section 3313.661 of the Revised Code that authorizes the	119
superintendent of schools to expel a pupil from school for a	120
period not to exceed one hundred eighty school days for actions	121
that the superintendent determines pose imminent and severe	122
endangerment to the health and safety of other pupils or school	123
employees, even though the pupil's actions may not qualify for	124
permanent exclusion under section 3313.662 of the Revised Code.	125
Upon the expulsion of a pupil pursuant to this division, the	126
superintendent shall develop conditions for that pupil to satisfy	127
prior to the pupil's reinstatement. The superintendent shall	128
provide a copy of these conditions in writing to the district	129
board, the pupil, and the pupil's parent, guardian, or custodian	130
at the beginning of the expulsion period.	131

One of the conditions developed by the superintendent shall	132
be an assessment to determine whether the pupil poses a danger to	133
the pupil's self or to other pupils or school employees. The	134
assessment shall be completed by a psychiatrist, psychologist, or	135
school psychologist employed or contracted by the district. The	136
psychiatrist, psychologist, or school psychologist shall be agreed	137
upon by both the district board and the pupil's parent, guardian,	138
or custodian. If the psychiatrist, psychologist, or school	139
psychologist is not employed or contracted by the district, the	140
cost of the assessment shall be referred for payment to the	141
pupil's health insurance. Any costs not covered by the pupil's	142
health insurance shall be split equally between the district and	143
the pupil's parent, guardian, or custodian. The district shall pay	144
in full for an assessment completed by a psychiatrist,	145
psychologist, or school psychologist that is employed or	146
contracted by the district.	147

(a) At the end of the expulsion period, the superintendent	148
shall assess the pupil and determine whether the pupil has shown	149
sufficient rehabilitation to be reinstated. The superintendent	150
shall take into consideration both the assessment by the	151
psychiatrist, psychologist, or school psychologist and whether or	152
not the pupil has met the conditions developed by the	153
superintendent at the beginning of the expulsion period.	154

In making any determination under division (B)(6) of this	155
section, the superintendent shall comply with the procedures	156
prescribed by divisions (B)(7) and (D) of this section.	157

(i) Upon the assessment of a pupil as required by division	158
(B)(6)(a) of this section, if the superintendent determines that	159
the pupil has shown sufficient rehabilitation, the superintendent	160
may reinstate that pupil.	161

(ii) Upon the assessment of a pupil as required by division	162
(B)(6)(a) of this section, if the superintendent determines that	163
the pupil has not shown sufficient rehabilitation, the	164
superintendent may extend the expulsion for an additional period	165
not to exceed ninety school days.	166

(b) If the superintendent extends the expulsion period under	167
division (B)(6)(a)(ii) of this section, the superintendent shall	168
develop conditions for that pupil to satisfy prior to that pupil's	169
reinstatement, which may be the same as those developed for the	170
original expulsion period. The superintendent shall provide a copy	171
of these conditions in writing to the district board, the pupil,	172
and the pupil's parent, guardian, or custodian at the beginning of	173
the extended expulsion period. At the end of the extended	174
expulsion period, the superintendent shall reassess the pupil in	175
the manner prescribed by division (B)(6)(a) of this section and	176
may reinstate the pupil or may extend the expulsion for another	177
term, not to exceed ninety school days, in the same manner as	178
provided in divisions (B)(6)(a)(i) and (ii) of this section. There	179
is no limit on the number of times the superintendent may extend	180
an expulsion under division (B)(6)(a)(ii) of this section.	181

(c) Prior to the end of the original expulsion period or of	182
an extended expulsion period, if the pupil has met all of the	183
conditions developed by the superintendent at the beginning of the	184
expulsion period, the superintendent may reduce the expulsion on a	185
case-by-case basis. In making the determination, the	186
superintendent shall comply with the district's policy regarding	187
the reduction of an expulsion period, adopted pursuant to section	188
3313.661 of the Revised Code.	189

(d) Prior to the end of the original expulsion period or of	190
an extended expulsion period, the pupil or the pupil's parent,	191
guardian, or custodian may request the superintendent to complete	192
an early assessment of the pupil. If requested, the superintendent	193
shall assess the pupil and make a determination in the manner	194
prescribed by division (B)(6)(a) of this section. In making the	195
determination, the superintendent shall comply with the district's	196
policy regarding the reduction of an expulsion period, adopted	197
pursuant to section 3313.661 of the Revised Code. A pupil or	198
pupil's parent, guardian, or custodian may request one early	199
assessment for the original expulsion period and for each extended	200
expulsion period under this division.	201

(e) Not later than five days after the beginning of the	202
original expulsion period or of any extended expulsion period	203
under division (B)(6) of this section, the superintendent, in	204
consultation with the pupil, and the pupil's parent, guardian, or	205
custodian, shall develop a plan for the continued education of the	206
pupil, which may include education by the district in an	207
alternative setting under division (I) of this section, including	208
instruction at home, enrollment in another district or other type	209
of public or nonpublic school, or any other form of instruction	210
that complies with Chapter 3321. of the Revised Code.	211

(f) The pupil or the pupil's parent, guardian, or custodian	212
may appeal any determination made by the superintendent pursuant	213
to division (B)(6) of this section in the manner prescribed by	214
division (E) of this section.	215

(7) No pupil shall be expelled under division (B)(1), (2),	216
(3), (4), or (5), or (6) of this section unless, prior to the	217
pupil's expulsion, the superintendent does both of the following:	218

(a) Gives the pupil and the pupil's parent, guardian, or	219
custodian written notice of the intention to expel the pupil;	220

(b) Provides the pupil and the pupil's parent, guardian,	221
custodian, or representative an opportunity to appear in person	222
before the superintendent or the superintendent's designee to	223
challenge the reasons for the intended expulsion or otherwise to	224
explain the pupil's actions.	225

The notice required in this division shall include the	226
reasons for the intended expulsion, notification of the	227
opportunity of the pupil and the pupil's parent, guardian,	228
custodian, or representative to appear before the superintendent	229
or the superintendent's designee to challenge the reasons for the	230
intended expulsion or otherwise to explain the pupil's action, and	231
notification of the time and place to appear. The time to appear	232
shall not be earlier than three nor later than five school days	233
after the notice is given, unless the superintendent grants an	234
extension of time at the request of the pupil or the pupil's	235
parent, guardian, custodian, or representative. If an extension is	236
granted after giving the original notice, the superintendent shall	237
notify the pupil and the pupil's parent, guardian, custodian, or	238
representative of the new time and place to appear. If the	239
proposed expulsion is based on a violation listed in division (A)	240
of section 3313.662 of the Revised Code and if the pupil is	241
sixteen years of age or older, the notice shall include a	242
statement that the superintendent may seek to permanently exclude	243
the pupil if the pupil is convicted of or adjudicated a delinquent	244
child for that violation.	245

~~(7)~~(8) A superintendent of schools of a city, exempted	246
village, or local school district shall initiate expulsion	247
proceedings pursuant to this section with respect to any pupil who	248
has committed an act warranting expulsion under the district's	249
policy regarding expulsion even if the pupil has withdrawn from	250
school for any reason after the incident that gives rise to the	251
hearing but prior to the hearing or decision to impose the	252
expulsion. If, following the hearing, the pupil would have been	253
expelled for a period of time had the pupil still been enrolled in	254
the school, the expulsion shall be imposed for the same length of	255
time as on a pupil who has not withdrawn from the school.	256

(C) If a pupil's presence poses a continuing danger to	257
persons or property or an ongoing threat of disrupting the	258
academic process taking place either within a classroom or	259
elsewhere on the school premises, the superintendent or a	260
principal or assistant principal may remove a pupil from	261
curricular activities or from the school premises, and a teacher	262
may remove a pupil from curricular activities under the teacher's	263
supervision, without the notice and hearing requirements of	264
division (A) or (B) of this section. As soon as practicable after	265
making such a removal, the teacher shall submit in writing to the	266
principal the reasons for such removal.	267

If a pupil is removed under this division from a curricular	268
activity or from the school premises, written notice of the	269
hearing and of the reason for the removal shall be given to the	270
pupil as soon as practicable prior to the hearing, which shall be	271
held within three school days from the time the initial removal is	272
ordered. The hearing shall be held in accordance with division (A)	273
of this section unless it is probable that the pupil may be	274
subject to expulsion, in which case a hearing in accordance with	275
division (B) of this section shall be held, except that the	276
hearing shall be held within three school days of the initial	277
removal. The individual who ordered, caused, or requested the	278
removal to be made shall be present at the hearing.	279

If the superintendent or the principal reinstates a pupil in	280
a curricular activity under the teacher's supervision prior to the	281
hearing following a removal under this division, the teacher, upon	282
request, shall be given in writing the reasons for such	283
reinstatement.	284

(D) The superintendent or principal, within one school day	285
after the time of a pupil's expulsion or suspension, shall notify	286
in writing the parent, guardian, or custodian of the pupil and the	287
treasurer of the board of education of the expulsion or	288
suspension. The notice shall include the reasons for the expulsion	289
or suspension, notification of the right of the pupil or the	290
pupil's parent, guardian, or custodian to appeal the expulsion or	291
suspension to the board of education or to its designee, to be	292
represented in all appeal proceedings, to be granted a hearing	293
before the board or its designee in order to be heard against the	294
suspension or expulsion, and to request that the hearing be held	295
in executive session, notification that the expulsion may be	296
subject to extension pursuant to division (F) of this section if	297
the pupil is sixteen years of age or older, and notification that	298
the superintendent may seek the pupil's permanent exclusion if the	299
suspension or expulsion was based on a violation listed in	300
division (A) of section 3313.662 of the Revised Code that was	301
committed when the child was sixteen years of age or older and if	302
the pupil is convicted of or adjudicated a delinquent child for	303
that violation.	304

In accordance with the policy adopted by the board of	305
education under section 3313.661 of the Revised Code, the notice	306
provided under this division shall specify the manner and date by	307
which the pupil or the pupil's parent, guardian, or custodian	308
shall notify the board of the pupil's, parent's, guardian's, or	309
custodian's intent to appeal the expulsion or suspension to the	310
board or its designee.	311

Any superintendent expelling a pupil under this section for	312
more than twenty school days or for any period of time if the	313
expulsion will extend into the following semester or school year	314
shall, in the notice required under this division, provide the	315
pupil and the pupil's parent, guardian, or custodian with	316
information about services or programs offered by public and	317
private agencies that work toward improving those aspects of the	318
pupil's attitudes and behavior that contributed to the incident	319
that gave rise to the pupil's expulsion. The information shall	320
include the names, addresses, and phone numbers of the appropriate	321
public and private agencies.	322

(E) A pupil or the pupil's parent, guardian, or custodian may	323
appeal the pupil's expulsion by a superintendent or suspension by	324
a superintendent, principal, assistant principal, or other	325
administrator to the board of education or to its designee. If the	326
pupil or the pupil's parent, guardian, or custodian intends to	327
appeal the expulsion or suspension to the board or its designee,	328
the pupil or the pupil's parent, guardian, or custodian shall	329
notify the board in the manner and by the date specified in the	330
notice provided under division (D) of this section. The pupil or	331
the pupil's parent, guardian, or custodian may be represented in	332
all appeal proceedings and shall be granted a hearing before the	333
board or its designee in order to be heard against the suspension	334
or expulsion. At the request of the pupil or of the pupil's	335
parent, guardian, custodian, or attorney, the board or its	336
designee may hold the hearing in executive session but shall act	337
upon the suspension or expulsion only at a public meeting. The	338
board, by a majority vote of its full membership or by the action	339
of its designee, may affirm the order of suspension or expulsion,	340
reinstate the pupil, or otherwise reverse, vacate, or modify the	341
order of suspension or expulsion.	342

The board or its designee shall make a verbatim record of	343
hearings held under this division. The decisions of the board or	344
its designee may be appealed under Chapter 2506. of the Revised	345
Code.	346