Montana Code 20-5-202. Suspension and expulsion
20-5-202. Suspension and expulsion. (1) As provided in 20-4-302, 20-4-402, and 20-4-403, a pupil may be suspended by a teacher, superintendent, or principal. The trustees of the district shall adopt a policy defining the authority and procedure to be used by a teacher, superintendent, or principal in the suspension of a pupil and in defining the circumstances and procedures by which the trustees may expel a pupil. Expulsion is any removal of a pupil for more than 20 school days without the provision of educational services and is a disciplinary action available only to the trustees. A pupil may be suspended from school for an initial period not to exceed 10 school days. Upon a finding by a school administrator that the immediate return to school by a pupil would be detrimental to the health, welfare, or safety of others or would be disruptive of the educational process, a pupil may be suspended for one additional period not to exceed 10 school days if the pupil is granted an informal hearing with the school administrator prior to the additional suspension and if the decision to impose the additional suspension does not violate the Individuals With Disabilities Education Act, 20 U.S.C. § 1400, et seq.
Terms Used In Montana Code 20-5-202
- district: means the territory, regardless of county boundaries, organized under the provisions of this title to provide public educational services under the jurisdiction of the trustees prescribed by this title. See Montana Code 20-6-101
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Knowingly: means only a knowledge that the facts exist which bring the act or omission within the provisions of this code. See Montana Code 1-1-204
- Principal: means a person who holds a valid class 3 Montana teacher certificate with an applicable principal's endorsement that has been issued by the superintendent of public instruction under the provisions of this title and the policies adopted by the board of public education and who has been employed by a district as a principal. See Montana Code 20-1-101
- Process: means a writ or summons issued in the course of judicial proceedings. See Montana Code 1-1-202
- Property: means real and personal property. See Montana Code 1-1-205
- Pupil: means an individual who is admitted by the board of trustees pursuant to 20-5-101 and who is enrolled in a school established and maintained under the laws of the state at public expense. See Montana Code 20-1-101
- school: means an institution for the teaching of children that is established and maintained under the laws of the state of Montana at public expense. See Montana Code 20-6-501
- Teacher: means a person, except a district superintendent, who holds a valid Montana teacher certificate that has been issued by the superintendent of public instruction under the provisions of this title and the policies adopted by the board of public education and who is employed by a district as a member of its instructional, supervisory, or administrative staff. See Montana Code 20-1-101
- Trustees: means the governing board of a district. See Montana Code 20-1-101
- Writing: includes printing. See Montana Code 1-1-203
(2)(a) The trustees of a district shall adopt a policy for the expulsion of a student who is determined to have brought a firearm to school or to have possessed a firearm at school and for referring the matter to the appropriate local law enforcement agency. A student who is determined to have brought a firearm to school or to have possessed a firearm at school under this subsection (2)(a) must be expelled from school for a period of not less than 1 year, except that the trustees may authorize the school administration in writing to modify the requirement for expulsion of a student, up to and including eliminating the requirement for expulsion, on a case-by-case basis. The trustees shall annually review the district’s weapons policy and any policy adopted under this subsection (2)(a) and update the policies as determined necessary by the trustees based on changing circumstances pertaining to school safety.
(b)A decision to change the placement of a student with a disability who has been expelled pursuant to this section must be made in accordance with the Individuals With Disabilities Education Act.
(3)In accordance with 20-4-302, 20-4-402, 20-4-403, and subsection (1) of this section, a teacher, superintendent, or principal may immediately suspend a student if, prior to a hearing conducted pursuant to subsection (6), there is cause to believe the student brought a firearm to school or possessed a firearm at school.
(4)Nothing in this section prevents a school district from:
(a)offering instructional activities related to firearms or allowing a student to bring a firearm to school for instructional activities sanctioned by the district if:
(i)the district has appropriate safeguards in place to ensure student safety; and
(ii)the firearm is secured in a locked container approved by the school district when the firearm is at school and is not in use for the instructional activity; or
(b)providing educational services in an alternative setting to a student who has been expelled from the student’s regular school setting.
(5)Before holding a hearing as required under subsection (6) to determine if a student has violated this section, the trustees shall, in a clear and timely manner, notify the student if the student is an adult or notify the parent or guardian of a student if the student is a minor that the student may:
(a)waive the student’s privacy interest by requesting that the hearing be held in public; and
(b)invite other individuals to attend the hearing.
(6)Before expelling a student under this section, the trustees shall hold a due process hearing that includes presentation of a summary of the information leading to the allegations and an opportunity for the student to respond to the allegations. The student may not be expelled unless the trustees find that the student knowingly, as defined in 1-1-204, brought a firearm to school or possessed a firearm at school.
(7)When a student subject to a hearing is found to have not violated this section, the student’s school record must be expunged of the incident.
(8)The office of public instruction shall make available on its website the information gathered from school districts that is provided annually to the federal government under the reporting requirements of 20 U.S.C. § 7151, provided that any personally identifiable information is redacted.
(9)The provisions of this section do not require expulsion of a student who has brought a firearm to school or possesses a firearm at school as long as the firearm is secured in a locked container approved by the school district or in a locked motor vehicle the entire time the firearm is at school, except while the firearm is in use for a school-sanctioned instructional activity.
(10)For the purposes of this section, the following definitions apply:
(a)”Firearm” has the same meaning as provided in 18 U.S.C. § 921.
(b)(i) “School” means a building, grounds, or property of a public elementary or secondary school.
(ii)The term does not include a student’s home, a locked vehicle, a parking lot, or a commercial business when the student is participating in an online, remote, or distance-learning setting.