NSBA Legal Clips
Archived entries for expulsion

Florida district enters in agreement with DOJ to revise policies regarding students’ national origin and immigration status

The Palm Beach Post reports that the U.S. Department of Justice has finalized a settlement with the Palm Beach County School District over discipline and enrollment practices.

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Suit challenges Wisconsin law allowing school districts to deny enrollment to students expelled from their previous school

Wisconsin State Journal reports that a student who was expelled from his previous school is suing Oregon School District (OSD) in Dane County Circuit Court. OSD denied the student enrollment based on a Wisconsin law allowing school districts to do so if the student has been expelled by another district. The suit claims the law violates the state constitution.

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Wisconsin Supreme Court holds state court does not have statutory authority to order school district to provide educational services to expelled student

The Wisconsin Supreme Court, in a 4-3 decision, has ruled that a state court does not have statutory authority to order a school district to provide alternative educational services to a student expelled from school in accordance with a lawful and unchallenged expulsion order. The court concluded that even though state law governing delinquency petitions requires a school board to cooperate with the court in regard to a student or former student who is the subject of a delinquency petition, that law “does not require a school board or a school district to provide alternative educational resources to a juvenile who has been expelled from school” pursuant to the state governing a school board’s authority to expel a student.

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Texas House approves legislation to allow school districts to expel student computer “hackers”

The Texas House has voted for House Bill 1224, which would allow school districts to expel students who hack into school computer systems, reports the Houston Chronicle.

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North Carolina school district settles suit over denial of alternative school option to student serving long-term suspension

According to an Associated Press (AP) report in the Myrtle Beach Sun News, Beaufort County School District has agreed to a settlement in a suit brought by two students who were denied the option of attending alternative school after receiving long-term suspensions.

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Delaware school district backs off zero tolerance polices after student lawsuit and federal discrimination investigation

The News Journal reports that Christina School District (CSD), which has recently been embroiled in a number of disputes involving its zero-tolerance policies and has the highest suspension rate in the state, has adopted a number of revisions to its student disciplinary code in order to make punishments more accurately fit student behavior.

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Connecticut legislator proposes law to allow school officials to expel students convicted of violent sex crimes

The Hartford Courant reports that Connecticut State Sen. Kevin Witkos has proposed legislation to give school officials the right to expel students who are convicted of violent sex crimes away from school grounds. The bill, which was submitted to the legislature’s education committee, aims to help school boards keep potentially dangerous youths away from other students.

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North Carolina Supreme Court: access to alternative education during long-term suspension is not required under state constitution

The North Carolina Supreme Court has held that school administrators must provide a student subject to a long term suspension with a reason for excluding the student from alternative education. The court acknowledged that the statutory right to alternative education provides a suspended student excluded from alternative education has a state constitutional right to know the reason for his/her exclusion. However, it stressed that students do not enjoy the fundamental right to alternative education under the state constitution.

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