SCHOOL EXPULSIONS: CONNECTICUT

The information provided here is for educational purposes only. It is not intended to be and should not be construed as legal advice.

The following contains excerpts from Connecticut General Assembly, Office of Legislative Research Report # 2002-R-0849.

EXPULSION PROCESS
The process and criteria for expelling students from public schools is governed by state law (Connecticut General Statutes § 10-233d).

• A local school board seeking to expel a student must give him/her a hearing before doing so, unless the student is so disruptive or threatening that he/she must be removed from school before the hearing.
• In an emergency expulsion, the expulsion hearing must take place as soon as possible after the student’s removal. The hearing is required regardless of the reason for the expulsion or the age of the student.
• If the student was arrested, police may testify and provide information about the arrest at the expulsion hearing.
• A school board may expel a special education student if the student’s disability is not the cause of his misconduct. The student’s planning and placement team (PPT) must make that determination before an expulsion hearing can be held.

EXPULSION CRITERIA

• A student must be expelled from school if the expulsion board finds there is reason to believe he/she had (1) weapons on school grounds or at a school-sponsored activity, (2) used a weapon to commit a crime, or (3) sold or distributed, or tried to sell or distribute, illegal drugs on or off school grounds. Weapons include firearms, other deadly weapons, martial arts weapons, and dangerous instruments that could be used to cause death or serious injury (for example, a car used as a weapon).
• In addition to weapons and drug-related misconduct, a school board may expel a student whose conduct on school grounds or at a school sponsored activity (1) is dangerous to people or property, (2) seriously disrupts the educational process, or (3) violates a publicized school board policy. A board may also expel a student for misconduct outside school if it both violates a publicized board policy and seriously disrupts the educational process.  For more information on out of school expulsions in Connecticut schools, see OLR Legislative Report 2011-R-0054, "Expulsion for Conduct Outside of School".

EXPULSION DURATION

• In cases of mandatory expulsion, the student must be expelled for one calendar year, but a school board can modify the expulsion period on a case-by-case basis.
• When the expulsion is not mandated by law, the board may determine the length of the expulsion.
• An expelled student can apply for early readmission to school. Readmission may occur at the local school board’s discretion or, if the board delegates the responsibility to him/her, at the discretion of the school superintendent. The board or superintendent can impose conditions on readmission. Readmission decisions cannot be appealed to court.
• Expulsion decisions are the responsibility of the local school boards, and cannot be appealed to the Connecticut State Department of Education. If a student and his/her parents/guardians want to appeal an expulsion, the matter must go to Superior Court.

ALTERNATIVE EDUCATION DURING EXPULSION
The school board must offer an alternative educational program to an expelled student under age 16 during his/her expulsion period. It must also offer an alternative educational program to any student between ages 16 and 18 who is expelled for the first time, unless the expulsion is for carrying a dangerous weapon or selling or distributing illegal drugs on school grounds or at a school-sponsored activity. Eligible students between 16 and 18 must be offered an alternative educational program only if they comply with the school board’s conditions. Boards do not have to offer alternative programs to expelled students who have turned 18, unless they are special education students. All special education students must be offered an alternative educational program consistent with their educational needs until they are 21.

In determining whether a student over age 16 is being expelled for the first time, the board must count any expulsions imposed on the student before he/she turned 16. The board’s alternative education program for a student between 16 and 18 can include placement in an adult education program.

When a school board notifies a student between the ages of 16 and 18, or his/her parents, that it will hold an expulsion hearing, the notice must state that the board of education is not required to offer an alternative educational program to any student found to have carried a dangerous weapon or sold or distributed illegal drugs on school grounds or at a school-sponsored activity.

STUDENTS EXPELLED BY ANOTHER DISTRICT
A school board may adopt another district’s expulsion decision if it holds its own hearing on whether the conduct for which the other district expelled the student would also lead to expulsion under its own policies. The student is not permitted to attend school in the new district while the hearing is pending.

FOR MORE INFORMATION:
To find more information on school expulsions, contact your local board of education, or the Connecticut State Department of Education.

To find more information on the school expulsion hearing process, see the Legal Aid Resource Center (LARC), "School Expulsion: What is the process? What can you do", http://www.larcc.org/pamphlets/children_family/school_expulsions.htm.

TO FIND PROVIDERS IN CONNECTICUT'S COMMUNITY RESOURCES DATABASE:

Search by service name: School Districts

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SOURCES: Conn. General Assembly, Office of Legislative Research Report # 2002-R-0849; Connecticut General Statutes § 10-233d; Connecticut State Department of Education; Legal Aid Resource Center (LARC)
PREPARED BY: 211/rj
CONTENT LAST REVIEWED: August2011