1. (a) There shall be the following levels of discipline available to school officials enforcing RSA 193:13 relative to the suspension and expulsion of pupils:

   1. (1) A short-term suspension pursuant to RSA 193:13, I (a) for a period not to exceed 10 school days;
   2. (2) A long-term suspension pursuant to RSA 193:13, I (b)-(c) for more than 10 days;
   3. (3) An expulsion by the school board or board of trustees for a period determined in writing by the school board or board of trustees under RSA 193:13, II; and
   4. (4) An expulsion by the school board or board of trustees for a period of not less than 12 months under RSA 193:13, IV.
2. (b) The superintendent, chartered public school director, or their designee shall be authorized to impose a short-term suspension.
3. (c) Following a hearing, the school board, board of trustees, or their designee shall be authorized to extend the suspension of a pupil up to 10 additional consecutive days after the imposition of a short-term suspension as provided by RSA 193:13, I (b).
4. (d) If the school board or board of trustees has satisfied the requirements of Ed 317.03(a) and has complied with the local policy developed pursuant to Ed 317.03, a pupil appealing a local decision to the state board shall not be allowed to claim lack of knowledge of the state law requiring expulsion for bringing or possessing a firearm or other dangerous weapon as defined in these rules.

5. (e) Due process for a short-term suspension shall include, at a minimum, the following procedures:

   1. (1) The superintendent, chartered public school director, or designee shall schedule a meeting with the pupil and inform the pupil of the meeting’s purpose, including the possibility of a short-term suspension;
   2. (2) Oral or written notice of the charges and an explanation of the evidence against the pupil, which may be provided at or before this meeting;
   3. (3) An opportunity for the pupil to present his or her side of the story; and
   4. (4) A written statement to the pupil and at least one of the pupil's parents or guardian explaining any disciplinary action taken against the pupil.

6. (f) Due process in disciplinary proceedings for the long-term suspension of a pupil shall include the following:

   1. (1) A hearing held in accordance with the procedures set forth in (j) below;
   2. (2) Written communication to the pupil and at least one of the pupil's parents or guardian, delivered in person or by mail to the pupil's last known address, prior to the hearing, of the charges and an explanation of the evidence against the pupil;
   3. (3) A written decision which includes the factual basis for the conclusion that the pupil should be suspended;
   4. (4) If the hearing was conducted by the school board's designee, the decision may be appealed to the local school board under RSA 193:13, I; and
   5. (5) If the hearing was conducted by the school board, the decision may be appealed to the state board.

7. (g) In an expulsion by the school board or board of trustees, due process shall include the procedures outlined in (f) above, and the following minimal requirements:

   1. (1) A formal hearing shall be held before any expulsion in accordance with the procedures set forth in (j) below;
   2. (2) Such hearing may be held either before or after the short-term or long-term suspension has expired and pending the expulsion hearing;
   3. (3) If the hearing is held after the expiration of a short-term or long-term suspension, the pupil shall be entitled to return to school after the short-term suspension has expired and pending the expulsion hearing, unless the pupil is still serving a long-term suspension;
   4. (4) The school board or board of trustees shall provide written notice to the pupil and at least one of the pupil's parents or guardian, delivered in person or by mail to the pupil's last known address, of the date, time, and place for a hearing before the school board; and

   5. (5) The notice shall:

      1. a. Include a statement of the charges and the nature of the evidence against the pupil;
      2. b. Include the superintendent's or chartered public school director’s recommendation for school board or board of trustees’ action and a description of the process used by the superintendent or chartered public school director to reach a recommendation; and
      3. c. Be delivered to the pupil and at least one of the pupil's parents or guardian at least 5 days prior to the hearing.

8. (h) The decision of the school board or board of trustees shall:

   1. (1) Be based on a dispassionate and fair consideration of substantial evidence that the accused pupil committed the act for which expulsion is imposed and that such acts are a proper reason for expulsion; and
   2. (2) State whether the pupil is expelled and the length of the expulsion.

9. (i) If the decision is to expel the pupil, the decision shall make explicit the following:

   1. (1) The factual basis for the decision including the specific statutory reference prohibiting that act as listed in RSA 193:13, II;
   2. (2) The board’s consideration of each of the factors for expulsion as set forth in RSA 193:13, III;
   3. (3) That the expulsion runs until the school board or board of trustees later reviews it and restores the pupil’s permission to attend school;
   4. (4) Any action the pupil may take to be restored by the school board; and
   5. (5) That the pupil has the right to appeal the decision to the state board.

10. (j) The following procedures shall apply to hearings on long-term suspensions and expulsions:

    1. (1) The pupil, together with a parent or guardian, may waive the right to a hearing and admit to the charges made by the superintendent or chartered public school director;
    2. (2) If the pupil is 18 years of age or older, the concurrence of a parent or guardian shall be unnecessary unless the pupil is subject to a guardianship that would prevent the pupil from waiving the right to a hearing;
    3. (3) Formal rules of evidence shall not be applicable, however, school officials shall present evidence in support of the charge(s) and the accused pupil or the parent or guardian shall have an opportunity to present any defense or reply;
    4. (4) The hearing shall be either public or private and the choice shall be that of the pupil or parent or guardian;
    5. (5) During the hearing, the pupil, parent, guardian, or counsel representing the pupil shall have the right to examine any and all witnesses; and
    6. (6) A continuance of a hearing on the request of a parent or pupil over the age of 18, without the consent of the superintendent or chartered public school director, shall be conditioned on the pupil’s continued exclusion from attendance.
11. (k) Notwithstanding (a) – (f) above, pupils whose presence poses a continuing danger to person or property, or an ongoing threat of disrupting the academic process, may be immediately removed from school at the discretion of the superintendent, chartered public school director, or their designee. In such cases, the necessary due process outlined in (e) above shall follow as soon as practicable.
12. (l) Notwithstanding any other deadline in Ed 200, all appeals to the state board from school board decisions under (f) and (g) shall be filed within 20 calendar days of receipt of the written decision of the school board or board of trustees and shall be in accordance with RSA 541-A and Ed 200.

Source. #6109, eff 10-28-95; ss by #6366, eff 10-30-96, EXPIRED: 10-30-04 New. #8206, INTERIM, eff 11-18-04, EXPIRED: 5-17-05 New. #8583, eff 3-15-06; ss by #10361-B, eff 6-15-13; ss by #13854, eff 1-11-23