72-89a02.Policies requiring expulsion of pupils for possession ofweapons, adoption, filing; hearings; modification of requirement authorized;referral procedure; annual report;circumstances when policy not applicable.(a) Notwithstanding the provisions of subsection (a) of K.S.A.72-8902, and amendments thereto, and subject to the other provisions of thissection, each board of education in this state shall adopt a written policyrequiring the expulsion from school for a period of not less than one year anypupil determined to be in possession of a weapon at school, on school property,or at a school supervised activity. The policy shall be filed with the stateboard of education in such manner as the state board shall require and at atimeto be determined and specified by the state board.
(b) To the extent that the provisions contained in article 89 of chapter 72of Kansas Statutes Annotated do not conflict with the requirements of this act,such provisions shall apply to and be incorporated in the policy required to beadopted under subsection (a).
(c) If a pupil required to be expelled pursuant to a policy adopted undersubsection (a) is confined in the custody of the secretary of social andrehabilitation services, the commissioner of juvenile justice or thesecretary of corrections as a result of theviolation uponwhich the expulsion is to be based, the hearing required under the provisionsof article 89 of chapter 72 of Kansas Statutes Annotated shall be delayed untilthe pupil is released from custody.
(d) A hearing afforded a pupil required to be expelled pursuant to a policyadopted under subsection (a) shall be conducted by the chiefadministrativeofficer or other certificated employee of the school in which the pupil isenrolled, by any committee of certificated employees of the school in whichthepupil is enrolled, or by a hearing officer appointed by the board of educationof the school in which the pupil is enrolled.
(e) The chief administrative officer of the school in which a pupilrequired to be expelled pursuant to a policy adopted under subsection (a) isenrolled may modify the expulsion requirement in a manner which is consistentwith the requirements of federal law. Nothing in this subsection shall beapplied or construed in any manner so as to require the chief administrativeofficer of a school to modify the expulsion requirement of a policy adopted bya board of education pursuant to the provisions of subsection (a).
(f) The policy adopted by a board of education under subsection(a) shallcontain a procedure for the referral of any pupil determined to be inpossession of a weapon at school, on school property, or at a school supervisedactivity to the appropriate state and local law enforcement agencies and, ifthe pupil is a juvenile, to the secretary of social and rehabilitationservices or the commissioner of juvenile justice.
(g) Each board of education shall prepare an annual report on aformprescribed and furnished by the state board of education that contains adescription of the circumstances surrounding any expulsions imposed on pupilspursuant to a policy adopted under subsection (a), including the name of theschool or schools concerned, the number of pupils expelled, and the type ofweapons concerned. The report shall be submitted to the state board ofeducation in such manner as the state board shall require and at a time to bedetermined and specified by the state board.
(h) The provisions of this section do not apply to thepossession by pupilsof weapons at school, on school property, or at a school supervised activity ifthe possession of weapons by pupils is connected with a weapons safety courseof instruction or a weapons education course approved and authorized by theschool or if the possession of weapons by pupils is specifically authorized inwriting by the chief administrative officer of the school.
History: L. 1995, ch. 27, § 2;L. 1996, ch. 141, § 2;L. 1997, ch. 156, § 85; July 1.
72-89a02.Policies requiring expulsion of pupils for possession ofweapons, adoption, filing; hearings; modification of requirement authorized;referral procedure; annual report;circumstances when policy not applicable.(a) Notwithstanding the provisions of subsection (a) of K.S.A.72-8902, and amendments thereto, and subject to the other provisions of thissection, each board of education in this state shall adopt a written policyrequiring the expulsion from school for a period of not less than one year anypupil determined to be in possession of a weapon at school, on school property,or at a school supervised activity. The policy shall be filed with the stateboard of education in such manner as the state board shall require and at atimeto be determined and specified by the state board.
(b) To the extent that the provisions contained in article 89 of chapter 72of Kansas Statutes Annotated do not conflict with the requirements of this act,such provisions shall apply to and be incorporated in the policy required to beadopted under subsection (a).
(c) If a pupil required to be expelled pursuant to a policy adopted undersubsection (a) is confined in the custody of the secretary of social andrehabilitation services, the commissioner of juvenile justice or thesecretary of corrections as a result of theviolation uponwhich the expulsion is to be based, the hearing required under the provisionsof article 89 of chapter 72 of Kansas Statutes Annotated shall be delayed untilthe pupil is released from custody.
(d) A hearing afforded a pupil required to be expelled pursuant to a policyadopted under subsection (a) shall be conducted by the chiefadministrativeofficer or other certificated employee of the school in which the pupil isenrolled, by any committee of certificated employees of the school in whichthepupil is enrolled, or by a hearing officer appointed by the board of educationof the school in which the pupil is enrolled.
(e) The chief administrative officer of the school in which a pupilrequired to be expelled pursuant to a policy adopted under subsection (a) isenrolled may modify the expulsion requirement in a manner which is consistentwith the requirements of federal law. Nothing in this subsection shall beapplied or construed in any manner so as to require the chief administrativeofficer of a school to modify the expulsion requirement of a policy adopted bya board of education pursuant to the provisions of subsection (a).
(f) The policy adopted by a board of education under subsection(a) shallcontain a procedure for the referral of any pupil determined to be inpossession of a weapon at school, on school property, or at a school supervisedactivity to the appropriate state and local law enforcement agencies and, ifthe pupil is a juvenile, to the secretary of social and rehabilitationservices or the commissioner of juvenile justice.
(g) Each board of education shall prepare an annual report on aformprescribed and furnished by the state board of education that contains adescription of the circumstances surrounding any expulsions imposed on pupilspursuant to a policy adopted under subsection (a), including the name of theschool or schools concerned, the number of pupils expelled, and the type ofweapons concerned. The report shall be submitted to the state board ofeducation in such manner as the state board shall require and at a time to bedetermined and specified by the state board.
(h) The provisions of this section do not apply to thepossession by pupilsof weapons at school, on school property, or at a school supervised activity ifthe possession of weapons by pupils is connected with a weapons safety courseof instruction or a weapons education course approved and authorized by theschool or if the possession of weapons by pupils is specifically authorized inwriting by the chief administrative officer of the school.
History: L. 1995, ch. 27, § 2;L. 1996, ch. 141, § 2;L. 1997, ch. 156, § 85; July 1.
72-89a02.Policies requiring expulsion of pupils for possession ofweapons, adoption, filing; hearings; modification of requirement authorized;referral procedure; annual report;circumstances when policy not applicable.(a) Notwithstanding the provisions of subsection (a) of K.S.A.72-8902, and amendments thereto, and subject to the other provisions of thissection, each board of education in this state shall adopt a written policyrequiring the expulsion from school for a period of not less than one year anypupil determined to be in possession of a weapon at school, on school property,or at a school supervised activity. The policy shall be filed with the stateboard of education in such manner as the state board shall require and at atimeto be determined and specified by the state board.
(b) To the extent that the provisions contained in article 89 of chapter 72of Kansas Statutes Annotated do not conflict with the requirements of this act,such provisions shall apply to and be incorporated in the policy required to beadopted under subsection (a).
(c) If a pupil required to be expelled pursuant to a policy adopted undersubsection (a) is confined in the custody of the secretary of social andrehabilitation services, the commissioner of juvenile justice or thesecretary of corrections as a result of theviolation uponwhich the expulsion is to be based, the hearing required under the provisionsof article 89 of chapter 72 of Kansas Statutes Annotated shall be delayed untilthe pupil is released from custody.
(d) A hearing afforded a pupil required to be expelled pursuant to a policyadopted under subsection (a) shall be conducted by the chiefadministrativeofficer or other certificated employee of the school in which the pupil isenrolled, by any committee of certificated employees of the school in whichthepupil is enrolled, or by a hearing officer appointed by the board of educationof the school in which the pupil is enrolled.
(e) The chief administrative officer of the school in which a pupilrequired to be expelled pursuant to a policy adopted under subsection (a) isenrolled may modify the expulsion requirement in a manner which is consistentwith the requirements of federal law. Nothing in this subsection shall beapplied or construed in any manner so as to require the chief administrativeofficer of a school to modify the expulsion requirement of a policy adopted bya board of education pursuant to the provisions of subsection (a).
(f) The policy adopted by a board of education under subsection(a) shallcontain a procedure for the referral of any pupil determined to be inpossession of a weapon at school, on school property, or at a school supervisedactivity to the appropriate state and local law enforcement agencies and, ifthe pupil is a juvenile, to the secretary of social and rehabilitationservices or the commissioner of juvenile justice.
(g) Each board of education shall prepare an annual report on aformprescribed and furnished by the state board of education that contains adescription of the circumstances surrounding any expulsions imposed on pupilspursuant to a policy adopted under subsection (a), including the name of theschool or schools concerned, the number of pupils expelled, and the type ofweapons concerned. The report shall be submitted to the state board ofeducation in such manner as the state board shall require and at a time to bedetermined and specified by the state board.
(h) The provisions of this section do not apply to thepossession by pupilsof weapons at school, on school property, or at a school supervised activity ifthe possession of weapons by pupils is connected with a weapons safety courseof instruction or a weapons education course approved and authorized by theschool or if the possession of weapons by pupils is specifically authorized inwriting by the chief administrative officer of the school.
History: L. 1995, ch. 27, § 2;L. 1996, ch. 141, § 2;L. 1997, ch. 156, § 85; July 1.
