JKE: EXPULSION OF STUDENTS
No student shall be expelled from school except by action of the School Committee. The School Committee shall expel students as provided in 20-A MRSA §1001(9) and (9A). Students in grade five or below cannot be expelled, except for violations of the Gun-Free Schools Act, as provided in 20-A MRSA §1009(9-A). The School Committee also has the authority to readmit an expelled student on satisfactory evidence that the behavior that was the cause of the student being expelled will not likely recur.
The Superintendent has the discretion under Maine law to provide an alternative to an expulsion on a case-by-case basis. Such determination shall be made in writing.
The parents/guardians, or the student if 18 years of age or older, shall be notified by certified letter and regular mail of the School Committee 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:
A. The date, time and location of the hearing;
B. A description of the charge(s);
C. A statement that the student may be represented by legal counsel;
D. A statement that the student or his/her representative may cross-examine any witnesses presented by the administration at the hearing; and
E. A statement that the parents/guardians and student may present evidence, including witnesses and documents, on the student’s behalf.
Adopted: April 15, 1986
Revised: July 5, 1994; January 7, 2003; December 21, 2021
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