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August 10, 2009

City schools this week: permanent expulsions, Alonso address

Tonight, the Baltimore City school board is holding a work session on permanent expulsions.  You all may recall Sara's story back in May on this subject, as well as the debate here on Dr. Alonso's decision to permanently exclude students who intentionally set fires or detonate explosives from city schools.  I'll keep you posted on what happens during tonight's discussion.

I'll also be at Morgan State University tomorrow morning for Dr. Alonso's speech to school administrators about the state of schools and his goals for the 2009-2010 year.  The mayor is also expected to be there....check back here for an update.

Posted by Arin Gencer at 12:38 PM | | Comments (2)
Categories: Baltimore City, School Safety (Or Lack Thereof)
        

Comments

Senate Bill 241 FYI Post @ Inside Ed BCPSS Work Session on Permanent Expulsion

Ch. 230

– 1 –

CHAPTER 230

(Senate Bill 241)

AN ACT concerning

Education – Suspension and Expulsion Procedures – Attendance–Related
Offenses

FOR the purpose of prohibiting a principal from suspending or expelling a student from school solely for attendance–related offenses; establishing an exception for in–school suspensions for attendance–related offenses; and generally relating to
school suspension and expulsion procedures.

BY repealing and reenacting, with amendments, Article – Education Section 7–305
Annotated Code of Maryland
(2008 Replacement Volume)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article – Education 7–305.

(a) (1) [In] EXCEPT AS PROVIDED IN SUBSECTION (B) OF THIS SECTION, 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.

(2) 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.

(3) 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.

(b) (1) A EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS
SUBSECTION, A STUDENT MAY NOT BE SUSPENDED OR EXPELLED FROM SCHOOL SOLELY FOR ATTENDANCE–RELATED OFFENSES.

Ch. 230 MARTIN O’MALLEY, Governor

– 2 –

(2) PARAGRAPH (1) OF THIS SUBSECTION DOES NOT APPLY TO
IN–SCHOOL SUSPENSIONS FOR ATTENDANCE–RELATED OFFENSES.

(C) At the request of a principal, a county superintendent may suspend a
student for more than 10 school days or expel the student.

[(c)] (D) (1) 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.

(2) The county superintendent or the county superintendent’s designated representative promptly shall make a thorough investigation of the matter.

(3) 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.

(4) 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.

(5) 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:

(i) Appeal to the county board within 10 days after the determination;

(ii) 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 (iii) Bring counsel and witnesses to the hearing.

(6) 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.

(7) The appeal to the county board does not stay the decision of the county superintendent.

(8) The decision of the county board is final.
[(d)] (E) (1) Any student expelled or suspended from school:

Ch. 230

– 3 –

(i) Shall remain away from the school premises during those hours each school day when the school the student attends is in session; and

(ii) May not participate in school sponsored activities.

(2) 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.

(3) 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.

(4) (i) 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.

(ii) 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.

(5) 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.

(6) 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.

[(e)] (F) (1) In this subsection, “firearm” means a firearm as defined in 18 U.S.C. § 921.

(2) 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.

(3) 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.

Ch. 230 MARTIN O’MALLEY, Governor

– 4 –

(4) The State Board shall adopt regulations to implement this subsection.

[(f)] (G) (1) The discipline of a child with a disability, including the suspension, expulsion, or interim alternative placement of the child for disciplinary
reasons, shall be conducted in conformance with the requirements of the Individuals with Disabilities Education Act of the United States Code.

(2) 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.

[(g)] (H) (1) This subsection does not apply if the student is referred to the Department of Juvenile Services.

(2) 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.

(3) 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.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect October July 1, 2009.

Approved by the Governor, May 7, 2009.

This proposal would seem to add to the ranks of the unemployable and troubled youth in the city. Who is Alonzo to write these kids off forever.

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