22 Pa. Code § 12.6 - Exclusions from school
(a) The
governing board shall define and publish the types of offenses that would lead
to exclusion from school. Exclusions affecting certain students with
disabilities shall be governed by §
14.143 (relating to disciplinary
placements) and 34 CFR
300.519-300.529 (relating to discipline
procedures).
(b) Exclusion from
school may take the form of suspension or expulsion.
(1) Suspension is exclusion from school for a
period of from 1 to 10 consecutive school days.
(i) Suspensions may be given by the principal
or person in charge of the public school.
(ii) A student may not be suspended until the
student has been informed of the reasons for the suspension and given an
opportunity to respond. Prior notice of the intended suspension need not be
given when it is clear that the health, safety or welfare of the school
community is threatened.
(iii) The
parents or guardians and the superintendent of the district shall be notified
immediately in writing when the student is suspended.
(iv) When the suspension exceeds 3 school
days, the student and parent shall be given the opportunity for an informal
hearing consistent with the requirements in §
12.8(c) (relating
to hearings).
(v) Suspensions may
not be made to run consecutively beyond the 10 school day period.
(vi) Students shall have the responsibility
to make up exams and work missed while being disciplined by suspension and
shall be permitted to complete these assignments within guidelines established
by the governing board.
(2) Expulsion is exclusion from school by the
governing board for a period exceeding 10 school days and may be permanent
expulsion from the school rolls. Expulsions require a prior formal hearing
under §
12.8.
(c) During the period prior to the hearing
and decision of the governing board in an expulsion case, the student shall be
placed in his normal class except as set forth in subsection (d).
(d) If it is determined after an informal
hearing that a student's presence in his normal class would constitute a threat
to the health, safety or welfare of others and it is not possible to hold a
formal hearing within the period of a suspension, the student may be excluded
from school for more than 10 school days. A student may not be excluded from
school for longer than 15 school days without a formal hearing unless mutually
agreed upon by both parties. Any student so excluded shall be provided with
alternative education, which may include home study.
(e) Students who are under 18 years of age
are still subject to the compulsory school attendance law even though expelled
and shall be provided an education.
(1) The
initial responsibility for providing the required education rests with the
student's parents or guardian, through placement in another school, tutorial or
correspondence study, or another educational program approved by the district's
superintendent.
(2) Within 30 days
of action by the governing board, the parents or guardians shall submit to the
school district written evidence that the required education is being provided
as described in paragraph (1) or that they are unable to do so. If the parents
or guardians are unable to provide the required education, the school entity
shall, within 10 days of receipt of the notification, make provision for the
student's education. A student with a disability shall be provided educational
services as required by the Individuals With Disabilities Education Act
(20 U.S.C.A. §§
1400-1482).
(3) If the approved educational program is
not complied with, the school entity may take action in accordance with 42
Pa.C.S. Chapter 63 (relating to the Juvenile Act) to ensure that the child will
receive a proper education. See §
12.1(b)
(relating to free education and attendance).
Notes
The provisions of this § 12.6 amended under sections 2603-B and 2604-B(b)(2)(v) of the Public School Code of 1949 (24 P.S. §§ 26-2603-B and 26-2604-B(b)(2)(v)).
This section cited in 22 Pa. Code § 711.61 (relating to suspension and expulsion).
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