JKE - EXPULSION OF STUDENTS
JKE - EXPULSION OF STUDENTS
NEPN/NSBA Code: JKE
EXPULSION OF STUDENTS
No student shall be expelled from school except by action of the School Committee.
Following a proper investigation of a student’s behavior and in accordance with the School Committee’s districtwide disciplinary policies, the School Committee shall expel the student, if found necessary for the peace and usefulness of the school, as provided in 20-A MRSA § 1001(9) and (9A).
Students in grade five or below cannot be expelled, except for violations of the Gun-Free Schools Act, as provided in 20-A MRSA § 1001 (9A).
The Superintendent has the discretion under Maine law to provide an alternative to expulsion on a case-by-case basis. Such determination must be made in writing.
The School Committee also has the authority to readmit an expelled student on satisfactory evidence that the behavior, which was the cause of the student being expelled, will not likely recur.
Notice of Expulsion Hearing
Before any expulsion hearing, the Superintendent shall:
A. Provide written notice, by regular and certified mail, to the parent/guardians and the student that:
Informs them of the date, time, and location of the hearing;
Provides a description of the incident(s) that resulted in the expulsion hearing;
Informs them of their right to review the school’s records prior to the hearing;
Includes a copy of the School Committee’s expulsion guidelines (JKE-R)
Informs them of the student’s right to an attorney or other representation, and the right to be present and cross-examine any witnesses and
Includes a list of available free and low-cost legal services, which must be created and updated annually by the Maine Department of Education.
B. Invite the parents/guardians and the student to a meeting prior to the expulsion hearing to discuss the procedures of the hearing.
Expulsion Hearing and Reentry
The hearing shall be in a properly called executive session and may also be attended by persons designated by the Superintendent to present information in the case.
Upon making a decision to expel a student, the School Committee may:
A. Expel the student for a specific period of time not to exceed the total number of instructional days (175 days) approved by the School Committee for the current year; or
B. Expel the student for an unspecified period of time and authorize the Superintendent to provide the expelled student with a reentry plan, to be developed in accordance with 20-MRSA §1001(9-C), specifying the conditions that must be met in order for the student to be readmitted to school after the expulsion.
The School Committee has adopted guidelines (JKE-R) that outline the procedure for conducting an expulsion hearing and for developing a reentry plan, if applicable.
After the expulsion hearing, the School Committee shall provide written notice of its decision to the parents/guardians and the student by certified mail.
Nothing in this policy shall prevent the School Committee from providing educational services in an alternative setting to a student who has been expelled.
Legal Reference: 20-A MRSA §1001(8-A), (9), (9A-9D)
1 MRSA §405(6)(B)
Cross Reference: JKE-R – Expulsion of Students—Guidelines
JIC -Student Code of Conduct
JICIA – Weapons, Violence and School Safety
JICK -Bullying
JK – Student Discipline
JKD – Suspension of Students
JKF – Disciplinary Removal of Students with Disabilities
Adopted: June 7, 2000
Reviewed: September 24, 2012
Revised: August 2, 2021
Revised: August 14, 2023