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<section article="ged" article_name="Education" number="7-305" future_version_removed="true" title_number="7" title_name="Public Schools" subtitle_number="3" subtitle_name="Attendance and Discipline of Students">
  <level label="a">
    <level label="1">
      <text>Except as provided in subsection (b) of this section and § 7–305.1 of this subtitle, in accordance with the rules and regulations of the county board, each principal of a public school may suspend for cause, for not more than 10 school days, any student in the school who is under the direction of the principal.</text>
    </level>
    <level label="2">
      <text>The student or the student’s parent or guardian promptly shall be given a conference with the principal and any other appropriate personnel during the suspension period.</text>
    </level>
    <level label="3">
      <text>The student or the student’s parent or guardian promptly shall be given a community resources list provided by the county board in accordance with § 7–310 of this subtitle.</text>
    </level>
  </level>
  <level label="b">
    <level label="1">
      <text>Except as provided in paragraph (2) of this subsection, a student may not be suspended or expelled from school solely for attendance–related offenses.</text>
    </level>
    <level label="2">
      <text>Paragraph (1) of this subsection does not apply to in–school suspensions for attendance–related offenses.</text>
    </level>
  </level>
  <level label="c">
    <text>Except as provided in § 7–305.1 of this subtitle, at the request of a principal, a county superintendent may suspend a student for more than 10 school days or expel the student.</text>
  </level>
  <level label="d">
    <level label="1">
      <text>If a principal finds that a suspension of more than 10 school days or expulsion is warranted, the principal immediately shall report the matter in writing to the county superintendent.</text>
    </level>
    <level label="2">
      <text>The county superintendent or the county superintendent’s designated representative promptly shall make a thorough investigation of the matter.</text>
    </level>
    <level label="3">
      <text>If after the investigation the county superintendent finds that a longer suspension or expulsion is warranted, the county superintendent or the county superintendent’s designated representative promptly shall arrange a conference with the student and his parent or guardian.</text>
    </level>
    <level label="4">
      <text>The student or the student’s parent or guardian promptly shall be given a community resources list provided by the county board in accordance with § 7–310 of this subtitle.</text>
    </level>
    <level label="5">
      <text>If after the conference the county superintendent or the county superintendent’s designated representative finds that a suspension of more than 10 school days or expulsion is warranted, the student or the student’s parent or guardian may:</text>
      <level label="i">
        <text>Appeal to the county board within 10 days after the determination;</text>
      </level>
      <level label="ii">
        <text>Be heard before the county board, its designated committee, or a hearing examiner, in accordance with the procedures established under § 6–203 of this article; and</text>
      </level>
      <level label="iii">
        <text>Bring counsel and witnesses to the hearing.</text>
      </level>
    </level>
    <level label="6">
      <text>Unless a public hearing is requested by the parent or guardian of the student, a hearing shall be held out of the presence of all individuals except those whose presence is considered necessary or desirable by the board.</text>
    </level>
    <level label="7">
      <text>The appeal to the county board does not stay the decision of the county superintendent.</text>
    </level>
    <level label="8">
      <text>The decision of the county board is final.</text>
    </level>
  </level>
  <level label="e">
    <level label="1">
      <text>Any student expelled or suspended from school:</text>
      <level label="i">
        <text>Shall remain away from the school premises during those hours each school day when the school the student attends is in session; and</text>
      </level>
      <level label="ii">
        <text>May not participate in school sponsored activities.</text>
      </level>
    </level>
    <level label="2">
      <text>The expelled or suspended student may return to the school premises during the prohibited hours only for attendance at a previously scheduled appointment, and if the student is a minor then only if accompanied by his parent or guardian.</text>
    </level>
    <level label="3">
      <text>Any person who violates paragraph (1) or (2) of this subsection is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $100 for each violation.</text>
    </level>
    <level label="4">
      <level label="i">
        <text>If a student has been suspended or expelled, the principal or a designee of the principal may not return the student to the classroom without conferring with the teacher who referred the student to the principal, if the student was referred by a teacher, other teachers as appropriate, other appropriate school personnel, the student, and the student’s parent or guardian.</text>
      </level>
      <level label="ii">
        <text>If the disruptive behavior results in action less than suspension, the principal or a designee of the principal shall confer with the teacher who referred the student to the principal prior to returning the student to that teacher’s classroom.</text>
      </level>
    </level>
    <level label="5">
      <text>A county superintendent may deny attendance to any student who is currently expelled from another school system for a length of time equal to that expulsion.</text>
    </level>
    <level label="6">
      <text>A school system shall forward information to another school system relating to the discipline of a student, including information on an expulsion of the student, on receipt of the request for information.</text>
    </level>
  </level>
  <level label="f">
    <level label="1">
      <text>In this subsection, “firearm” means a firearm as defined in 18 U.S.C. § 921.</text>
    </level>
    <level label="2">
      <text>Except as provided in paragraph (3) of this subsection, if the county superintendent or the superintendent’s designated representative finds that a student has brought a firearm onto school property, the student shall be expelled for a minimum of 1 year.</text>
    </level>
    <level label="3">
      <text>The county superintendent may specify, on a case by case basis, a shorter period of expulsion or an alternative educational setting, if alternative educational settings have been approved by the county board, for a student who has brought a firearm onto school property.</text>
    </level>
    <level label="4">
      <text>The State Board shall adopt regulations to implement this subsection.</text>
    </level>
  </level>
  <level label="g">
    <level label="1">
      <text>The discipline of a child with a disability, including the suspension, expulsion, or interim alternative placement of the child for disciplinary reasons, or removal or exclusion of the child from the child’s regular school program for more than ten consecutive school days for a reportable offense, shall be conducted in conformance with the requirements of the Individuals with Disabilities Education Act of the United States Code, including the requirements related to a manifestation determination.</text>
    </level>
    <level label="2">
      <text>If a child with a disability is being considered for suspension or expulsion, the child or the child’s parent or guardian shall be given a community resources list attached to the procedural safeguards notice required by regulation of the State Board.</text>
    </level>
  </level>
  <level label="h">
    <text>The provisions of this section apply to a student regardless of the cause for which a student is being disciplined, including any removal or exclusion of a student from the student’s regular school program arising out of a reportable offense under § 7–303 of this subtitle.</text>
  </level>
  <level label="i">
    <level label="1">
      <text>This subsection does not apply if the student is referred to the Department of Juvenile Services.</text>
    </level>
    <level label="2">
      <text>If a student violates a State or local law or regulation and during or as a result of the commission of that violation damaged, destroyed, or substantially decreased the value of school property or property of another that was on school property at the time of the violation, as part of a conference on the matter with the student, the student’s parent or guardian and any other appropriate person, the principal shall require the student or the student’s parent to make restitution.</text>
    </level>
    <level label="3">
      <text>The restitution may be in the form of monetary restitution not to exceed the lesser of the fair market value of the property or $2,500, or the student’s assignment to a school work project, or both.</text>
    </level>
  </level>
</section>
