§ 21-4-305 — Suspension or expulsion; authority; procedure

Wyoming § 21-4-305

• Jurisdiction: Wyoming
• Title 21: Education
• Ch. 4: PUPILS
• Art. 3: RIGHT TO ATTEND SCHOOL

Text

(a) The board of trustees of any school district is
authorized to suspend or expel a student subject to the
requirements to provide notice and an opportunity to be heard as
set forth in this section. The board of trustees may delegate
the authority to suspend or expel a student to disciplinarians
chosen from the administrative and supervisory staff.
(b) No student shall be suspended or expelled from school
without notice as set forth in this subsection and an
opportunity to be heard as set forth in subsection (c) of this
section. To provide notice the disciplinarian shall:
(i) Give the student to be suspended or expelled oral
or written notice of the charges against him and an explanation
of the evidence the authorities have;
(ii) In good faith attempt to notify the student's
parents, guardians or custodians within twenty-four (24) hours
of the student's suspension or expulsion and the reasons for the
suspension or expulsion, using contact information on record
with the school or district. The disciplinarian shall keep
record of the efforts to provide notice under this paragraph and
whether the notice was provided successfully;
(iii) Give the student to be suspended or expelled an
opportunity to be heard and to present his version of the
charges against him as set forth in subsection (c) of this
section;
(c) To provide an opportunity to be heard the
disciplinarian shall give every student to be suspended or
expelled the opportunity to be heard as soon as practicable
after the misconduct, and in accordance with the following,
unless a student requests an extension of time and the board of
trustees or the disciplinarian designee of the board approves
the extension:
(i) For a suspension of ten (10) school days or less,
notice shall be provided in accordance with paragraph (b)(ii) of
this section and a student shall be provided an opportunity to
be heard before a student is removed unless the student's
presence endangers persons or property or threatens disruption
of the academic process, in which case his immediate removal
from school may be justified, but the opportunity to be heard
shall follow as soon as practicable, and not later than seventy-
two (72) hours after his removal, not counting Saturdays and
Sundays;
(ii) For a suspension or expulsion longer than ten
(10) school days a hearing shall be held in accordance with the
Wyoming Administrative Procedure Act and, unless the student
requests an extension and the board or the disciplinarian
designee of the board approves an extension, the hearing shall
be held within ten (10) business days, or as soon thereafter as
is reasonably practicable, after the supervisory staff
disciplinarian recommends suspension or expulsion to the
appropriate administrator. The student's suspension shall
continue until the hearing is held.
(d) Repealed by Laws 2019, ch. 164, § 2.
(e) Suspension or expulsion shall not be imposed as an
additional punishment for offenses punishable under the laws of
the state, except for expulsion by a district superintendent
under subsection (a) of this section, or where the offense was
committed at a school function, against the property of the
school, or is of such nature that continuation of the child in
school would clearly be detrimental to the education, welfare,
safety or morals of other pupils. No suspension or expulsion
shall be for longer than one (1) year.
(f) Any decision of the board, or of a designated
superintendent, shall be considered a final decision which may
be appealed to the district court of the county in which the
school district is located, pursuant to provisions of the
Wyoming Administrative Procedure Act. The court may, on
application or on its own motion, stay the decision of the board
or superintendent pending appeal, considering both the best
interests of the child and the need to maintain an orderly
environment conducive to learning for other children.
(g) As used in this chapter, an "opportunity to be heard"
means at a minimum a meeting in which the disciplinarian or his
designee provides the substantive information regarding the
suspension or expulsion to the student to be suspended, and the
student to be suspended may dispute the substantive information
provided. An opportunity to be heard does not require a formal
hearing in accordance with the provisions of the Wyoming
Administrative Procedure Act except as provided in paragraph
(c)(ii) of this section.