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Maine RSU 21

Maine Regional School Unit 21

Arundel · Kennebunk · Kennebunkport

JKE - EXPULSION OF STUDENTS

  • Section J: Students

JKE - EXPULSION OF STUDENTS

  1. GENERAL PROVISIONS

No student shall be expelled from school except by action of the Board. Following a proper investigation of a student’s behavior and due process proceedings conducted in accordance with 20-A MRSA § 1001(8)(A), the Board shall expel the student, if found necessary for the peace and usefulness of the school, as provided in 20-A MRSA § 1001(9) and (9-A). 

Students in grade five or below cannot be expelled, except for violations of the Gun-FreeSchools Act, as provided in 20-A MRSA 20-A MRSA § 1001(9-A).

The Superintendent has the discretion under Maine law to provide an alternative to expulsion on a case-by-case basis. Such a determination must be made in writing.

The Board also has the authority to readmit an expelled student following a hearing where satisfactory evidence was presented that the behavior, which was the cause of the student being expelled, will not likely recur. 

  1. NOTICE OF EXPULSION HEARING

Before an expulsion hearing, the Superintendent shall:

1. Provide written notice, by regular and certified mail with return receipt, to the parents/guardians and the student that:

  1. Inform 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. Inform them of their right to review the school's records prior to the hearing;
  4. Includes a copy of the Board's Expulsion Guidelines (JKE-R);
  5. Informs them of the student’s right to an attorney or other representation, and the right to be present and cross-examine witnesses; and
  6. Includes a list of available free and low-cost legal services, which must be created and updated annually by the Maine Department of Education.

2. Invite the parents/guardians and the student to a meeting prior to the expulsion hearing to discuss the procedures of the hearing.

C. EXPULSION HEARING

The hearing shall be in a properly called executive session and may also be attended by persons designated by the Superintendent to present information in the case.

Upon making a decision to expel a student, the Board may:

  1. Expel the student for a specific period of time not to exceed the total number of instructional days approved by the Board for the current year; or
  2. Expel the student for an unspecified period of time and authorize the Superintendent to provide the expelled student with a reentry plan, to be developed in accordance with 20-A MRSA § 1001(9-C),  specifying  the conditions that must be met in order for the student to be readmitted to school after the expulsion.

The Board has adopted guidelines (procedure JKE-R) that outline(s) the procedure for conducting an expulsion hearing and for developing a re-entry plan, if applicable.

After the expulsion hearing, the Board shall provide written notice of its decision to the parents/guardians and the student by certified mail with return receipt.  

Nothing in this policy shall prevent the Board from providing educational services in an alternative setting to a student who has been expelled.

 Legal Reference:
20-A MRSA § 1001(8-A), (9), (9A-9D)
1 MRSA § 405(6)(B)
20-A MRSA - 6552

Cross Reference:
JKE-R - Expulsion of Students—Guidelines
JIC - Student Code of Conduct
JICIA – Weapons, Violence and School Safety
JICK - Bullying
JK - Student Discipline
JKD - Suspension of Students
JKF - Disciplinary Removal of Students with Disabilities

Adopted: 10/23/00
Reviewed: 04/26/10
Revised: 03/04/13
Revised:  04/28/2025

  • Section J