Suspension of students – Expulsion of students – Exception for self-defense

(a) Any principal, principal-teacher or assistant principal of any public school in this state is authorized to suspend a pupil from attendance at the school, including its sponsored activities, or from riding a school bus, for good and sufficient reasons. Good and sufficient reasons for suspension include, but are not limited to: Ask a legal question, get an answer ASAP!(1) Willful and persistent violation of the rules of the school; (2) Immoral or disreputable conduct or vulgar or profane language; (3) Violence or threatened violence against the person of any personnel attending or assigned to any public school; (4) Willful or malicious damage to real or personal property of the school, or the property of any person attending or assigned to the school; (5) Inciting, advising or counseling of others to engage in any of the acts enumerated in subdivisions (a)(1)-(4); (6) Marking, defacing or destroying school property; (7) Possession of a pistol, gun or firearm on school property; (8) Possession of a knife and other weapons, as defined in § 39-17-1301 on school property; (9) Assaulting a principal, teacher, school bus driver or other school personnel with vulgar, obscene or threatening language; (10) Unlawful use or possession of barbital or legend drugs, as defined in § 53-10-101; (11) One (1) or more students initiating a physical attack on an individual student on school property or at a school activity, including travel to and from school or a school activity; (12) Making a threat, including a false report, to use a bomb, dynamite, any other deadly explosive or destructive device, including chemical weapons, on school property or at a school sponsored event; (13) Any other conduct prejudicial to good order or discipline in any public school; and (14) Off campus criminal behavior that results in the student being legally charged with an offense that would be classified as a felony if the student was charged as an adult or if adjudicated delinquent for an offense that would be classified as a felony if the student was an adult, or if the student was convicted of a felony, and the student’s continued presence in school poses a danger to persons or property or disrupts the educational process. Notwithstanding § 37-1-131 or any other law to the contrary, the principal of the school in which the student is enrolled and the director of schools shall determine the appropriate educational assignment for the student released for readmission. (b) (1) Any principal, principal-teacher or assistant principal may suspend any pupil from attendance at a specific class, classes or school-sponsored activity without suspending the pupil from attendance at school pursuant to an in-school suspension policy adopted by the local board of education. Good and sufficient reasons for in-school suspension include, but are not limited to, behavior: (A) That adversely affects the safety and well-being of other pupils; (B) That disrupts a class or school sponsored activity; or (C) Prejudicial to good order and discipline occurring in class, during school-sponsored activities or on the school campus. (2) In-school suspension policies shall provide that pupils given an in-school suspension in excess of one (1) day from classes shall attend either special classes attended only by students guilty of misconduct or be placed in an isolated area appropriate for study. Students given in-school suspension shall be required to complete academic requirements. (c) (1) Except in an emergency, no principal, principal-teacher or assistant principal shall suspend any student until that student has been advised of the nature of the student’s misconduct, questioned about it and allowed to give an explanation. (2) Upon suspension of any student other than for in-school suspension of one (1) day or less, the principal shall, within twenty-four (24) hours, notify the parent or guardian and the director of schools or the director of schools’ designee of: (A) The suspension, which shall be for a period of no more than ten (10) days; (B) The cause for the suspension; and (C) The conditions for readmission, which may include, at the request of either party, a meeting of the parent or guardian, student and principal. (3) If the suspension is for more than five (5) days, the principal shall develop and implement a plan for improving the behavior, which shall be made available for review by the director of schools upon request. (4) (A) If, at the time of the suspension, the principal, principal-teacher or assistant principal determines that an offense has been committed that would justify a suspension for more than ten (10) days, the person may suspend a student unconditionally for a specified period of time or upon such terms and conditions as are deemed reasonable. (B) The principal, principal-teacher or assistant principal shall immediately give written or actual notice to the parent or guardian and the student of the right to appeal the decision to suspend f