(a) The board of a school district or an open-enrollment public charter school’s management organization may suspend or expel any student from school for violation of the school district or an open-enrollment public charter school’s written discipline policies, with the following exceptions:

1. (1) A school district or an open-enrollment public charter school shall not use out-of-school suspension as a discipline measure for truancy; and

2. (2) A school district or open-enrollment public charter school shall not use out-of-school suspension or expulsion for a student in kindergarten through grade five (K-5) except in cases when a student's behavior:

   1. (A) Poses a physical risk to himself or herself or to others; or
   2. (B) Causes a serious disruption that cannot be addressed through other means.

(b)

1. (1) A school district board or open-enrollment public charter school’s management organization may authorize a teacher or an administrator to suspend any student for a maximum of ten (10) school days for violation of the school district or open-enrollment public charter school written discipline policies, subject to appeal to the superintendent or his or her designee.
2. (2) However, schools that utilize nontraditional scheduling may not suspend students from more course time than would result from a ten-day suspension under the last traditional schedule used by the school district.

(d)

1. (1) A superintendent may recommend the expulsion of a student for more than ten (10) days for violation of the school district or open-enrollment public charter school’s written discipline policies, subject to appeal to the board of directors and to requirements of the Individuals with Disabilities Education Act, 20 U.S.C. § 1401 et seq.
2. (2) After hearing all testimony and debate on a suspension, expulsion, or appeal, the board of directors or open-enrollment public charter school’s management organization may consider its decision in executive session without the presence of anyone other than the board members.
3. (3) At the conclusion of an executive session, the board of directors or open-enrollment public charter school’s management organization shall reconvene in public session to vote on the suspension, expulsion, or appeal.
4. (4) A school district board meeting or open-enrollment public charter school’s management organization entertaining an appeal shall be conducted in executive session if requested by the parent or guardian of the student provided that after hearing all testimony and debate, the board of directors shall conclude the executive session and reconvene in public session to vote on such appeal.

(e)

1. (1) Upon suspension of a student, the school shall immediately contact the student's parent or legal guardian to notify the parent or legal guardian of the suspension.

2. (2) Each parent or legal guardian shall provide the school:

   1. (A)

(i) A primary call number.

1. (ii) If the call number changes, the parent or legal guardian shall notify the school of the new primary call number;

   1. (B) An email address if the parent or legal guardian does not have a telephone; or
   2. (C) A current mailing address if the parent or legal guardian does not have a telephone or email address.

2. (3) The contact required in this subsection is sufficient if made by:

   1. (A) Direct contact with the parent or legal guardian at the primary call number or in person;
   2. (B) Leaving a voice mail at the primary call number;
   3. (C) Sending a text message to the primary call number;
   4. (D) Email if the school is unable to make contact through the primary call number; or
   5. (E) Regular first-class mail if the school is unable to make contact through the primary call number or email.
3. (4) The school shall keep a notification log of contacts attempted and made to the parent or legal guardian.
4. (5) A public school or open-enrollment public charter school shall indicate on a student's attendance record if a student's absence is the result of an out-of-school suspension.

(f)

1. (1) The principal of each school shall report within a week to the Division of Elementary and Secondary Education the name, current address, and Social Security number of any student who is expelled for possessing a firearm or other prohibited weapon on school property or for committing other acts of violence.
2. (2) The expulsion shall be noted on the student’s permanent school record.
3. (3) Nothing in this subsection shall be construed to limit a superintendent’s discretion to modify the expulsion requirement for a student on a case-by-case basis.
4. (4) The division shall maintain information regarding students who are expelled for possessing a firearm or other prohibited weapon on school property or for committing other acts of violence.