Current through Register Vol. 54, No. 44, November 2, 2024
(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).
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).
