§ 1162. Suspension or expulsion of students
(a) A superintendent or principal may, pursuant to policies adopted by the school board
that are consistent with State Board rules, suspend a student for up to 10 school
days or, with the approval of the board of the school district, expel a student for
up to the remainder of the school year or up to 90 school days, whichever is longer,
for misconduct:
(1) on school property, on a school bus, or at a school-sponsored activity when the misconduct
makes the continued presence of the student harmful to the welfare of the school;
(2) not on school property, on a school bus, or at a school-sponsored activity where direct
harm to the welfare of the school can be demonstrated; or
(3) not on school property, on a school bus, or at a school-sponsored activity where the
misconduct can be shown to pose a clear and substantial interference with another
student’s equal access to educational programs.
(b) Nothing contained in this section shall prevent a superintendent or principal, subject
to subsequent due process procedures, from removing immediately from a school a student
who poses a continuing danger to persons or property or an ongoing threat of disrupting
the academic process of the school, or from expelling a student who brings a weapon
to school pursuant to section 1166 of this title.
(c) Principals, superintendents, and school boards are authorized and encouraged to provide
alternative education services or programs to students during any period of suspension
or expulsion authorized under this section.
(d) Notwithstanding anything to the contrary in this chapter, a student enrolled in a
public school, approved independent school, or prequalified private prekindergarten
program who is under eight years of age shall not be suspended or expelled from the
school; provided, however, that the school may suspend or expel the student if the
student poses an imminent threat of harm or danger to others in the school. (Amended 1977, No. 33, § 3; 1977, No. 130 (Adj. Sess.); 1995, No. 35, § 4; 1999, No. 113 (Adj. Sess.), § 7; 2001, No. 8, § 19; 2011, No. 58, § 37, eff. May 31, 2011; 2021, No. 35, § 6, eff. May 18, 2021; 2021, No. 166 (Adj. Sess.), § 3, eff. June 1, 2022.)