Book: J

Section: Students

Title: Expulsion of Students

Code: JKE

Status: Active

Adopted: November 20, 1984

Last Revised: May 18, 2021

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EXPULSION OF STUDENTS

Expulsion is an intervention of absolute last resort. No student in grade 5 or below shall be expelled.  No student in grade 6 or higher shall be expelled from school except by action of the Portland Board of Public Education (“Board”) following a proper investigation of a student’s behavior and in accordance with the Board’s disciplinary policies, if found necessary for the peace and usefulness of the school, as provided in 20-A M.R.S. § 1001(9) and (9A).  The Board also has the authority to readmit an expelled student upon satisfactory evidence that the behavior which caused the student to be expelled will not likely recur.

Notice of Expulsion Hearing

Before an expulsion hearing, the Superintendent shall:

1. Provide a written notice (translated if needed) to the parent/legal guardian and the student, by certified and regular mail, that:
   1. Informs them of the date, time and location of the hearing;
   2. Provides a description of the incident(s) that resulted in the expulsion hearing;
   3. Informs them of their right to review the school’s records prior to the hearing;
   4. Includes a copy of the Board’s expulsion policy and guidelines (JKE, JKE-R, JKF);
   5. Informs them that the student has the right to an attorney or other representation, and the right to present and cross-examine witnesses; and
   6. A list of available free and low-cost legal services, which must be created and updated annually by the school unit.
2. Invite the parent/legal guardian and the student to a meeting prior to the expulsion hearing to discuss the hearing and provide an interpreter if needed.
3. Designate someone with sufficient expertise to investigate and report on the potential role of racial or other bias in the consideration of expulsion and in the events leading up to it, as provided for in the expulsion hearing and re-entry guidelines (JKE-R).

The Board has adopted expulsion hearing and reentry guidelines (JKE-R) that outline the hearing process and the procedure for developing and implementing a reentry plan (if applicable).

Legal Reference:         20-A MRS §§ 1001 (8-A); (9); (9-A); (9-C)

                                    1 MRS § 405(6)(B)

Cross Reference:         JKE-R – Expulsion Hearing and Reentry Guidelines

                                    JIC – Student Code of Conduct

                                    JICIA – Weapons, Violence and School Safety

                                    JK – Student Discipline

                                    JKD – Suspension of Students

                                    JKF – Suspension/Expulsion of Students with Disabilities

 

 

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