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Session Laws, 1999
Volume 796, Page 4322   View pdf image
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(3) The county superintendent may specify, on a case by case basis, a
shorter period of expulsion or an alternative educational setting, if alternative
educational settings have been approved by the county board, for a student who has
brought a firearm onto school property.

(4) The State Board shall adopt regulations to implement this
subsection.

(f) The discipline of a child with a disability, including the suspension,
expulsion, or interim alternative placement of the child for disciplinary reasons, shall
be conducted in conformance with the requirements of the Individuals with
disabilities Educat
ion Act of the United States Code.

(g) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION, IF A STUDENT
HAS BEEN CONVICTED OR FOUND TO HAVE COMMITTED A DELINQUENT ACT UNDER
ARTICLE 27, § 139C, § 151A, OR § 151C OF THE CODE, THE COUNTY SUPERINTENDENT
SHALL EITHER:

(I) SUSPEND THE STUDENT FOR MORE THAN 10 DAYS; OR

(II) EXPEL THE STUDENT.

(2) (I) IF A STUDENT IS SUSPENDED OR EXPELLED UNDER
PARAGRAPH (1) OF THIS SUBSECTION, THE STUDENT OR THE STUDENT'S PARENT OR
GUARDIAN MAY

1. APPEAL TO THE COUNTY BOARD WITHIN 10 DAYS AFTER
THE DETERMINATION
;

2. BE HEARD BEFORE THE COUNTY BOARD, ITS DESIGNATED '
COMMITTEE, OR A HEARING EXAMINER, IN ACCORDANCE WITH THE PROCEDURES
E
STABLISHED UNDER § 6-203 OF THIS ARTICLE; AND

3. BRING COUNSEL AND WITNESSES TO THE HEARING.

(II) UNLESS A PUBLIC HEARING IS REQUESTED BY THE PARENT OR
GUARDIAN OF THE STUDENT, A HEARING SHALL BE HELD OUT OF THE PRESENCE OF
ALL INDIVIDUALS EXCEPT THOSE WHOSE PRESENCE IS CONSIDERED NECESSARY OR
DESIRABLE BY THE BOARD.

(III) THE APPEAL TO THE COUNTY BOARD DOES NOT STAY THE
DECISION OF THE COUNTY SUPERINTENDENT.

(IV) THE DECISION OF THE COUNTY BOARD IS FINAL.

(3) (I) IF A STUDENT HAS BEEN CONVICTED OR FOUND TO HAVE
COMMITTED A DELINQUENT ACT UNDER ARTICLE 27, § 139C, § 151A, OR
§ 151C OF THE
CODE AND DURING OR AS A RESULT OF THE COMMISSION OF THAT VIOLATION
DAMAGED, DESTROYED, OR SUBSTANTIALLY DECREASED THE VALUE
OF SCHOOL
PROPERTY OR PROPERTY OF ANOTHER THAT WAS ON SCHOOL PROPERTY AT THE
TIME OF THE VIOLATION, OR OTHERWISE CAUSED AN ECONOMIC LOSS TO THE
SCHOOL, THE COUNTY SUPERINTENDENT MAY REQUIRE THE STUDENT OR THE
STUDENTS PARENT TO MAKE RESTITUTION.


 

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Session Laws, 1999
Volume 796, Page 4322   View pdf image
 Jump to  
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