167.171. Summary suspension of pupil--appeal--grounds for suspension--procedure--conference required, when--statewide suspension, when. - Missouri Statutes

Summary suspension of pupil--appeal--grounds forsuspension--procedure--conference required, when--statewidesuspension, when.

167.171. 1. The school board in any district, by general rule andfor the causes provided in section 167.161, may authorize the summarysuspension of pupils by principals of schools for a period not to exceedten school days and by the superintendent of schools for a period not toexceed one hundred and eighty school days. In case of a suspension by thesuperintendent for more than ten school days, the pupil, the pupil'sparents or others having such pupil's custodial care may appeal thedecision of the superintendent to the board or to a committee of boardmembers appointed by the president of the board which shall have fullauthority to act in lieu of the board. Any suspension by a principal shallbe immediately reported to the superintendent who may revoke the suspensionat any time. In event of an appeal to the board, the superintendent shallpromptly transmit to it a full report in writing of the facts relating tothe suspension, the action taken by the superintendent and the reasonstherefor and the board, upon request, shall grant a hearing to theappealing party to be conducted as provided in section 167.161.

2. No pupil shall be suspended unless:

(1) The pupil shall be given oral or written notice of the chargesagainst such pupil;

(2) If the pupil denies the charges, such pupil shall be given anoral or written explanation of the facts which form the basis of theproposed suspension;

(3) The pupil shall be given an opportunity to present such pupil'sversion of the incident; and

(4) In the event of a suspension for more than ten school days, wherethe pupil gives notice that such pupil wishes to appeal the suspension tothe board, the suspension shall be stayed until the board renders itsdecision, unless in the judgment of the superintendent of schools, or ofthe district superintendent, the pupil's presence poses a continuing dangerto persons or property or an ongoing threat of disrupting the academicprocess, in which case the pupil may be immediately removed from school,and the notice and hearing shall follow as soon as practicable.

3. No school board shall readmit or enroll a pupil properly suspendedfor more than ten consecutive school days for an act of school violence asdefined in subsection 2 of section 160.261, RSMo, regardless of whether ornot such act was committed at a public school or at a private school inthis state, provided that such act shall have resulted in the suspension orexpulsion of such pupil in the case of a private school, or otherwisepermit such pupil to attend school without first holding a conference toreview the conduct that resulted in the expulsion or suspension and anyremedial actions needed to prevent any future occurrences of such orrelated conduct. The conference shall include the appropriate schoolofficials including any teacher employed in that school or districtdirectly involved with the conduct that resulted in the suspension orexpulsion, the pupil, the parent or guardian of the pupil or any agencyhaving legal jurisdiction, care, custody or control of the pupil. Theschool board shall notify in writing the parents or guardians and all otherparties of the time, place, and agenda of any such conference. Failure ofany party to attend this conference shall not preclude holding theconference. Notwithstanding any provision of this subsection to thecontrary, no pupil shall be readmitted or enrolled to a regular program ofinstruction if:

(1) Such pupil has been convicted of; or

(2) An indictment or information has been filed alleging that thepupil has committed one of the acts enumerated in subdivision (4) of thissubsection to which there has been no final judgment; or

(3) A petition has been filed pursuant to section 211.091, RSMo,alleging that the pupil has committed one of the acts enumerated insubdivision (4) of this subsection to which there has been no finaljudgment; or

(4) The pupil has been adjudicated to have committed an act which ifcommitted by an adult would be one of the following:

(a) First degree murder under section 565.020, RSMo;

(b) Second degree murder under section 565.021, RSMo;

(c) First degree assault under section 565.050, RSMo;

(d) Forcible rape under section 566.030, RSMo;

(e) Forcible sodomy under section 566.060, RSMo;

(f) Statutory rape under section 566.032, RSMo;

(g) Statutory sodomy under section 566.062, RSMo;

(h) Robbery in the first degree under section 569.020, RSMo;

(i) Distribution of drugs to a minor under section 195.212, RSMo;

(j) Arson in the first degree under section 569.040, RSMo;

(k) Kidnapping, when classified as a class A felony under section565.110, RSMo.

Nothing in this subsection shall prohibit the readmittance or enrollment ofany pupil if a petition has been dismissed, or when a pupil has beenacquitted or adjudicated not to have committed any of the above acts. Thissubsection shall not apply to a student with a disability, as identifiedunder state eligibility criteria, who is convicted or adjudicated guilty asa result of an action related to the student's disability. Nothing in thissubsection shall be construed to prohibit a school district which providesan alternative education program from enrolling a pupil in an alternativeeducation program if the district determines such enrollment isappropriate.

4. If a pupil is attempting to enroll in a school district during asuspension or expulsion from another in-state or out-of-state schooldistrict including a private, charter or parochial school or schooldistrict, a conference with the superintendent or the superintendent'sdesignee may be held at the request of the parent, court-appointed legalguardian, someone acting as a parent as defined by rule in the case of aspecial education student, or the pupil to consider if the conduct of thepupil would have resulted in a suspension or expulsion in the district inwhich the pupil is enrolling. Upon a determination by the superintendentor the superintendent's designee that such conduct would have resulted in asuspension or expulsion in the district in which the pupil is enrolling orattempting to enroll, the school district may make such suspension orexpulsion from another school or district effective in the district inwhich the pupil is enrolling or attempting to enroll. Upon a determinationby the superintendent or the superintendent's designee that such conductwould not have resulted in a suspension or expulsion in the district inwhich the student is enrolling or attempting to enroll, the school districtshall not make such suspension or expulsion effective in its district inwhich the student is enrolling or attempting to enroll.

(L. 1963 p. 200 § 8-17, A.L. 1969 p. 274, A.L. 1973 H.B. 158, A.L. 1977 H.B. 130, A.L. 1986 S.B. 707, A.L. 1987 H.B. 384 Revision, A.L. 1995 H.B. 174, et al., A.L. 1996 H.B. 1301 & 1298, A.L. 1999 H.B. 889 merged with S.B. 387, et al., A.L. 2000 S.B. 944, A.L. 2004 S.B. 968 and S.B. 969)

(Source: RSMo 1959 § 165.393)