Current through Register Vol. 54, No. 16, April 20, 2024
Section 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).The provisions of this § 12.6 amended February 17, 1984, effective 2/18/1984, 14 Pa.B. 520; amended December 2, 2005, effective 12/3/2005, 35 Pa.B. 6510, 6658; amended November 4, 2022, effective 11/5/2022, 52 Pa.B. 6844.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).