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72-6114. Grounds for suspension or expulsion; who may suspend or expel. The board of education of any school district may suspend or expel, or by regulation authorize any certificated employee or committee of certificated employees to suspend or expel, any pupil guilty of any of the following:

(a) Willful violation of any published regulation for student conduct adopted or approved by the board of education;

(b) conduct which substantially disrupts, impedes or interferes with the operation of any public school;

(c) conduct which endangers the safety of others or which substantially impinges upon or invades the rights of others at school, on school property, or at a school supervised activity;

(d) conduct which, if the pupil is an adult, constitutes the commission of a felony or, if the pupil is a juvenile, would constitute the commission of a felony if committed by an adult;

(e) conduct at school, on school property, or at a school supervised activity which, if the pupil is an adult, constitutes the commission of a misdemeanor or, if the pupil is a juvenile, would constitute the commission of a misdemeanor if committed by an adult; or

(f) disobedience of an order of a teacher, peace officer, school security officer or other school authority when such disobedience can reasonably be anticipated to result in disorder, disruption or interference with the operation of any public school or substantial and material impingement upon or invasion of the rights of others.

History: L. 1970, ch. 300, § 1; L. 1994, ch. 307, § 1; May 12.

Source or Prior Law:

72-8901.

Attorney General's Opinions:

U.S.D. may not suspend or expel a pupil for truancy. 97-38.

Deviation from school district's expulsion requirement for violation of weapon-free policy when federal law mandates other types of actions. 2001-32.

CASE ANNOTATIONS

1. School dress code regulating hair length of male students upheld; school boards authorized to provide rules and regulations. Blaine v. Board of Education, 210 Kan.560, 561, 563, 564, 566, 502 P.2d 693.

2. Act cited; state board of education possesses general supervisory powers over district boards. State, ex rel., v. Board of Education, 212 Kan.482, 498, 499, 511 P.2d 705.

3. Constitutionality and due process requirements of act established in expulsion proceeding. Smith v. Miller, 213 Kan.1, 5, 6, 7, 9, 10, 12, 14, 16, 17, 19, 514 P.2d 377.

4. Expulsion of student from public school for possessing gun does not preclude juvenile prosecution. In re C.M.J., 259 Kan.854, 860, 915 P.2d 62 (1996).

5. Provisions of subsection (b) not unconstitutionally vague. Spencer v. U.S.D. No. 501, 23 Kan. App. 2d 737, 935 P.2d 242 (1997).


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