No student shall be expelled from school except by action of the Board.  The Board shall expel students as provided in 20-A MRSA ¶ 1001(9) and (9A).  The Board 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.

The parents/guardians (and the student if 18 years of age or older) shall be notified by certified letter and regular mail of the Board expulsion hearing.  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.

The notice of hearing shall include:

1. The date, time and location of the hearing;

1. A description of the charge(s);

1. A statement that the student may be represented by legal counsel;

1. A statement that the student or his/her representative may cross-examine any witnesses presented by the administration at the hearing; and

1. A statement that the parents/guardians and the students may present evidence, including witnesses and documents, on the student’s behalf.

In the event that a student is withdrawn from enrollment prior to the expulsion hearing, a “withdrawn prior to expulsion hearing” notation will be entered into the student’s permanent record; if re-entry is subsequently requested, the Superintendent may then reschedule the expulsion hearing.

Legal Reference:                     20-A MRSA ¶ 1001(9)(9A)
                                                1 MRSA ¶ 405(6)(B)

Cross Reference:                    

• JKE-R – Expulsion of Students – Guidelines
• JICIA – Weapons, Violence and School Safety
• JK – Student Discipline
• JKD – Suspension of Students
• JKF – Suspension/Expulsion of Students with Disabilities

ADOPTED:    May 12, 2003
REPLACES:   JKD/JKE-Suspension/Expulsion of Students
REVIEWED: November 4, 2008