STATE BOARD OF EDUCATION - cnmilaw.org · (1 CMC § 9102(a) (1) and posted in ... I TEMA YAN SUST...

Mary_lou S. Ada, j.D. Chairwoman

Janice A. Tenorio \'ice-chaln\·oman

Herman M. Atalig Sec:retary·/tnasurer

Members Herman T. Guerrero

Florine M. Hofschneider

Teachrr rrpresentath·r Paul Miura

Non public school rep. Galvin S. Deleon Guerrero

Student representath·e Mariah Manuel Cruz

STATE BOARD OF EDUCATION Commonwealth of the Northern Mariana Islands - Public School System

PO Box �OU70 Saip•n. MP 969�0 • Td. 670 237-3027 •E-mail: bo�[email protected],

PUBLIC NOTICE OF PROPOSED OF A REGULATION

REGARDING CHAPTER 60-20 PUBLIC SCHOOL SYSTEM

RULES AND REGULA TIO NS

PROPOSED RULES AND REGULATIONS: The Commonwealth of the Northern Mariana Islands Public School System ("PSS") finds that:

AUTHORITY: The proposed amendments to PSS regulations are promulgated pursuant to the Board's authority as provided by Article XV of the CNMI Constitution, Public Law 6-10 and the CNMI Administrative Procedures Act

THE TERMS AND SUBSTANCE: The proposed rules and regulations is set forth to provide procedural guidelines for Subpart F, Discipline, Regulation §§60-20-438 Jurisdiction, 60-20-440 Day to Day Discipline, 60-20-442 Detention, 60-20-444 InSchool Suspension and 60-20-446 Offense Categories.

THE SUBJECTS AND ISSUES INVOLVED: Proposed Amendments to Subpart F, Discipline, Regulation §§60-20-438 Jurisdiction, 60-20-440 Day to Day Discipline, 60-20-442 Detention, 60-20-444 In-School Suspension and 60-20-446 Offense Categories are hereby proposed.

DIRECTIONS FOR FILING AND PUBLICATION: The Proposed Amendments of this Regulation shall be published in the Commonwealth Register in the section on proposed and newly adopted regulations. (1 CMC § 9102(a) (1) and posted in convenient places in the civic center and in local government offices in each senatorial district, both in English and in the principal vernacular. (1 CMC § 9104 (a) (1))

TO PROVIDE COMMENTS: All interest persons may examine the proposed amendments and submit written comments, positions, or statements for or against the proposed amendments to the Chairperson, State Board of Education, P.O. Box 501370 CK, Saipan, MP 96950, via telephone 670-237-3027 or via email to [email protected] within thirty (30) calendar days following the date of the publication in the Commonwealth Register of these amendments. (1 CMC § 9104(a) (2))

STUDENTS FIRST

COMMONWEALTH REGISTER VOLUME 4D NUMBER D5 MAY 28, 2Dl8 PAGE D4DB82

This regulation was approved at the State Board of Education Special Meeting on Saipan on November 20, 2017.

Submitted by: ��2#-... Maryl S /(jiJ .D. Chairperson, State Board of Education

Received by: S(tt{l(

Date

Filed and (/ n _ 1 Recorded by: � ... 2...._.·· �·""-. "'-'--'.__._ _______ _ Ffsll er S _ esbitt

Commonwealth Registfnvv

Pursuant to 1CMC§2153(e) (AG approval ofregulations to be promulgated as to form) and 1CMC§9104 (a) (3) (obtain AG approval) the proposed regulations attached hereto have been reviewed and approved as to form and legal sufficiency by the CNMI Attorney General and shall be published ( 1 CMC § 2153(f) (publication �Jes and regulations).

Dated this 1-Z...., day of!!t.'2018.

4��" Edward E. Manibusan Attorney General

CDMMDNWEALTH REGISTER VOLUME 4D NUMBER as MAY 28, 2018 PAGE D4DS83

Marylou S. Ada, fD. chairwoman

fa nice A. Tenorio Vice..:hainrnman

Herman M. Atalig Seeretary/treasurer

Members Herman T. Guerrero


Teacher representath·e Paul Miura

Non public school rep. Galvin S. Deleon Guerrero

Student representath·e Mariah Manuel Cruz

STATE BOARD OF EDUCATION Commonweahh of the Northern Mariana Islands - Public School System

PO Box 501370 Saipan, MP 96950 •Tel. 670 237-3027 • E-mail: [email protected]

NUTISIAN PUPBLIKU NI MANMAPROPONI NA REGULASION SIHA PUT PATTI 60-20 PARA I AREKLAMENTU YAN REGULASION

I SISTEMAN ESKUELAN PUPBLIKU

I MANMAPROPONI NA AREKLAMENTU YAN REGULASION SIHA: I Commonwealth gi Sangkattan na Islas Marianas Sisteman Eskuelan Pupbliku (''PSS'') ha sodda na:

ATURIDA T: I manmaproponi na amendasion siha para i PSS na regulasion manmacho gui sigun gi aturidat i Kuetpu kumu mapribeniyi ginin i Attikulu XV gi Konstitusion CNMI, Lai Pupbliku 6-10 yan i Aktun i CNMI Administrative Procedures.

I TEMA YAN SUST ANSIAN I P ALABRA SIHA: I manmaproponi na areklamentu yan regulasion siha mapega mo na para u pribeniyi procedural guidelines para i Subpart F, Disiplina, Regulasion §60-20- 438 Aturidat, 60-20-442 Detention, 60-20-444 Suspendin Halum-Eskuela yan 60-20-446 Katigoriu na Offense siha.

I SUHETU NI MASUMARIA YAN ASUNTU NI TINEKKA SIHA: I Manmaproponi na Amendasion siha para i Subpart F, Disiplina. Regulasion §60-20-438 Aturidat, 60-20-442 Detention, 60-20-444 Suspendin Halum-Eskuela yan 60-20-446 Katigoriu na Offense siha ginin resuttan esti i manmaproponi.

DIREKSION PARA U MAPO LU YAN PUPBLIKASION: Esti i Manmaproponi na Regulasion siha debi na u mapupblika gi halum i Rehistran Commonwealth gi seksiona ni manmaproponi yan nuebu na ma adapta na regulasion siha. ( 1 CMC § 9102 (a) (1)) yan mapega gi halum i kumbinienti na lugat siha gi halum i civic center yan halum ufisinan gubietnamentu gi kada distritun senadot, parehu English yan i dos na lingguahin natibu. (1 CMC§ 9104(a) (1))

PARA U MAPRIBENIYI UPINON SIHA: Todu maninterisao na petsona sifia ma eksamina i manmaproponi na amendasion siha yan u na halum i tinigi upifion, pusision. pat sinangan siha para pat kinentran i manmaproponi na amendasion siha guatu gi Kabiseyu, State Board of Education, P.O. Box 501370 CK, Saipan, MP 96950, pat tilifon gi 670-237-3027 pat email para [email protected] gi halum i trenta(30) dihas gi fetchan kalendariu ni tinattitiyi ni pupblikasion esti siha na amendasion gi halum i Rehistran Commonwealth. (1 CMC § 9104 (a) (2))

CDMMDNWEALTH REGISTER VOLUME 40 S it\Ytt9M-s F 1 R� 28, 2018 PAGE 040684

Esti na regulasion ma'

Nubembri 20, 2017.

Nina'halum as:

Janice A. Te io Acting Kabes1 u, State Board of Education

Rinisibi as:

Pine' tu yan Ninota as: ----,i;--i��'---------

Shirley acbo-Ogumoro E · siat Na Ayudanti Para I Atministrasion

Rehistran Commonwealth

Fetcha

06·22·1/X� Fetcha

Sigun i 1 CMC § 2153(e) (lnaprueba i regulasion siha ni Abugadu Henerat ni para u macho

'gui kumu fotma) yan 1 CMC § 9104(a) (3) (hentan inaprueban Abugadu Henerat)

i man maproponi na regulasion siha ni mafiechettun guini ni man maribisa yan man ma

'apueba kumu fotma yan sufisienti ligat ginin i CNMI Abugadu Henerat yan debi na u

mapupblika, 1 CMC § 2153(t) (pupblikasion i areklamentu yan regulasion siha).

Mafe '2.2- gi\J� 2018.

Abugadu Henerat

COMMONWEALTH REGISTER VOLUME 40 NUMBER as MAY 28, 2018 PAGE D4DB85

Marylou S. Ada, f.D. chairwonun

Janice A. Tenorio Vice-chairwoman

Herman M. Atalig Secretary /tree surer

Mmtben. Herman T. Guerrero


TE&chel' represm.tative Paul Miura

Nm public !!Chot� rep. Galvin S. Deleon Guerrero

Student rqresentative Mariah Manuel Cruz

STATE BOARD OF EDUCATION Commonwealth of rhe Northern Mariana Islands - Public School System

PO Box 501370 Saipan, MP 96950 •Tel. 670 237-3027 •E-mail: [email protected]

ARONGORONGOL TOULAP REEL POMMWOL MWOGHUT IYE E SULLU

NGALI CHAPTER 60-20 ALLEGH ME MWOGHUTUGHUTUL PUBLIC SCHOOL SYSTEM

POMMWOL ALLEGH ME MWOGHUT: Commonwealth Teel Faluw kk.al Efiing ll6l Marianas Public School System ("'PSS'') re schuungi bwe:

BW ANGIL: Pommwol liiwel ngali mw6ghutughutul PSS aa arongowow sangi bwangil Board bwe rebwe ayoorai sangi Article XV reel CNMI Constitution, Alleghul Toulap 6-10 me CNMI Administrative Procedures Act.

KKAP ASAL ME A WEEWEL: Pommwol allegh me mw6ghutughut kkal ebwe teel6 mmwal reel ebwe ayoorai mw6ghutughutul afal ngali Subpart F, Discipline, Mw6ghutughutul §§60-20-438 Jurisdiction, 60-20-440 Day to Day Discipline, 60-20-442 Detention, 60-20-444 In-School Suspension me 60-20-446 Offense Categories.

KKAP ASAL ME OUTOL: Pommwol Liiwel ngali Subpart F, Discipline, Mw6ghutughut §§60-20438 Jurisdiction, 60-20-440 Day to Day Discipline, 60-20-442 Detention, 60-20-444 In-School Suspension me 60-20-446 Offense Categories e lo bwe eyoor pommwol.

AF AL REEL AMMWELIL ME AKKA TEEWOWUL: Pommwol Mw6ghut kkal ebwe akkateewow me ll6l Commonwealth Register ll6l tcilil pommwol me ffel mw6ghut ikka ra ad6ptaalil. (1 CMC § 9102(a) (1) me ebwe appascheta ll6l civic center me bwal ll6l bwulasiyol gobetnameento ll6l senatorial district, fengal reel English me mwaliyaasch. (1 CMC § 9104 (a) (1))

ISIISILONGOL KKAP AS: Sch66 kk.a re mwuschel rebwe amwuri pommwol liiwel kkal me rebwe isiisilong ischil kkapas, positions, ngare kkapasal aweewe ngali ngare e kkonturali pommwol liiwel kkal ngali Chairperson, State Board-ii Education, P.O. Box 501370 CK, Saipan, MP 96950, via tilifon ngali 670-237-3027 ngare via email ngali [email protected] ll6l eliigh (30) raal mwiril aal akk.ateewow arongorong yeel me ll6l Commonwealth Register reel liiwel kkal. (1 CMC § 9104(a)(2))

COMMONWEALTH REGISTER VOLUME 40 STt\tl�rttJ55 FI �AV 28. 2018 PAGE 040Ei8Ei

Bwughiyal: � Shirley CamachOgUffioro Rill Sp, ial Assistant ngali Administration

�

Est er SN. Nesbitt Raal Commonwealth Regist�

Sangi 1 CMC § 2153(e) (sangi aal atirow mw6ghutughut kkal merel AG bwe aa lleghl6 reel ffeerul) me 1 CMC § 9104 (a) (3) (mwiril aal atirow merel AG) reel pommwol mw6ghut kka e appasch bwe ra takkal amwuri fischiiy me atirow bwe aa lleghl6 reel ffeerul me legal sufficiency sangi Soulemelemil Allegh Lapalapal CNMI me ebwe akkateewow (1 CMC 2153(f) (arongowowul allegh me mw6ghut).

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raalil Maailap, 2018.

Edward E. Manibusan Soulemelemil Allegh Lapalap

COMMONWEALTH REGISTER VOLUME 40 NUMBER 05 MAY 28, 2018 PAGE 040687

Subpart F - Discipline

§ 60-20-438 Jurisdiction

(a) The student discipline regulations apply in all situations in which students are involved,

including, but not limited to:

(1) School activities on property owned, rented, leased, or otherwise occupied by the CNMI

Board of Education, Public School System (PSS), or Commonwealth government;

(2) Any travel to and from the school site, whether on school buses, school vehicles or during

official school sanctioned trips

(3) Off-site school sponsored activities;

(4) On or off-site school-related problems which are the result or cause of disruptive behavior on

school grounds; or

(5) Violent acts or behavior that occur off school property, pose a threat to the safety of students

and/or faculty, or disrupt the learning environment.

(b) The fact that a student withdraws from PSS or transfers to another school after the alleged

commission of a prohibited act shall not be construed to deprive PSS of jurisdiction to suspend

or expel the student.

Modified, 1 CMC § 3806(f).

History: Amdts Adopted 23 Com. Reg. 18263 (Aug. 16. 2001 ) ; Amdts Proposed 23 Com. Reg. 17965 (June 19.

2001 ); Amdts Adopted 22 Com. Reg. 17361 (Aug. 18, 2000); Amdts Proposed 22 Com. Reg. 17257 (June 20. 2000);

Amdts Proposed 20 Com. Reg. 16083 (Aug. 15, 1998); Amdts Adopted 18 Com. Reg. 14668 (Nov. 15, 1996); Amdts

Proposed 17 Com. Reg. 13767 (Nov. 15, 1995); Amdts Emergency 17 Com. Reg. 13754 (Nov. 15, 1995) (effective

for 120 days from November 13, 1995).

Commission Comment: The 1996 amendments adopted a new policy 609, entitled "Student Disciplinary Code," and

rescinded and replaced former policies 609, entitled "Daily Operational Discipline Guidelines." and 610, entitled

"Student Suspension and Expulsion." See 18 Com. Reg. at 14668 (Nov. 15, 1996). The notice of adoption for the

1996 amendments also stated that former policy 617 was rescinded and replaced. The Commission could not

determine the promulgated policy to which "policy 617" refers.

A notice of adoption for the August 1998 proposed amendments was never published.

The 2000 amendments re-adopted and republished "policy 609," entitled "Student Discipline," in its entirety with

numerous amendments. The 2001 amendments repealed former Board of Education policy 609, entitled "Student

Discipline," and replaced it with the sections in subpart F.

The history of former policy 609, entitled "Daily Operational Discipline Guidelines" is as follows: Amdts Adopted 14

Com. Reg. 9285 (May 26, 1992); Amdts Proposed 13 Com. Reg. 8164 (Oct. 15, 1991).

COMMONWEAL TH REGISTER VOLUME 40 NUMBER 05 MAY 28, 20!8 PAGE 040688

§ 60-20-440 Day to Day Discipline

Principals and designated personnel are specifically authorized by this policy to administer or

recommend day to day discipline including, but not l imited to. in-house detention, parent

conferences, counseling sessions, work deta1., community service, appropriate restitution,

behavioral intervention plans. and any reasonable disciplinary measures.

History: Amdts Adopted 23 Com. Reg. 18263 (Aug. 16, 2001 ); Amdts Proposed 23 Com. Reg. 17965 (June 19,

2001).

Commission Comment: The 2001 amendments repealed former Board of Education policy 609, entitled "Student


§ 60-20-442 Detention

(a) The provisions of a detention program for student violations of policies. rules and regulations

shall provide principals w ith an additional alternative for dealing with disciplinary problems that

occur in the schools. Detention is an assigned before-school and/or after-school period , during

which student activity is closely monitored and severely restricted. Students will be required to

adhere to all detention ru les .

(b) School administrators and certified personnel detain students after normal school hours for a

reasonable t ime provided the following conditions are observed. but not longer than daily

instructional hours:

(1) Parents will be notified before detention so that transportation is arranged beforehand.

(2) The names of all students detained must be reported to the principal 2r designee.

History: Amdts Adopted 23 Com. Reg. 18263 (Aug. 16, 2001 ) ; Amdts Proposed 23 Com. Reg. 17965 (June 19,

2001).

Commission Comment: The 2001 amendments repealed former Board of Education policy 609, entitled "Student


§ 60-20-444 In-school Suspension

In-school suspension is a structured disciplinary action in which a student is removed from

regular classroom activities. but is not dismissed from the school setting. The principal/designee

may assign students to the in-school suspension program for a reasonable and specified period

of t ime. All schools are required to have In-school Suspension policies that ensure students are provided instructional services during ISS.

History: Amdts Adopted 23 Com. Reg. 18263 (Aug. 16. 2001 ) ; Amdts Proposed 23 Com. Reg. 17965 (June 19,

2001 ).

CDMMDNWEAL TH REGISTER VOLUME 40 NUMBER a s MAY 28. 20!8 PAGE 04DS89

Commission Comment: The 2001 amendments repealed former Board of Education policy 609, entitled "Student Discipline," and replaced it with the sections in subpart F.

§ 60-20-446 Offense Categories

The offense categories set out in this section are intended to be illustrative but not an exclusive

listing of acts of misconduct and the consequences for each. Misconduct that is not specifically

listed in this section may be deemed to warrant discipline up to and including expulsion

following provision of all due process procedures. In addition, the disciplinary consequence

listed for each offense may be increased or decreased by the administration or the Board due to

mitigating or aggravating circumstances.

(a) Category I - Examples of offenses which may result in suspension:

(1) Academic dishonesty (cheating on tests, copying term papers, forging signature of teacher

or parent)

(2) Disrespect to teacher/staff

(3) Gambling

(4) Harassment, including, but not limited to, nuisance phone calls to students or staff members;

continued comments or passing unofficial notes to another individual who wishes not to hear or

receive the notes

(5) Igniting matches (when not part of the instructional program)

(6) Refusing to cooperate with school transportation regulations

(7) Refusing to cooperate with school rules and regulations

(8) Refusing to serve detention

(9) Tardiness (class/classes)

(10) Tardiness (school day)

( 11) Truancy (class/classes)

(12) Truancy (school day)

CDMMDNWEAL TH REGISTER VOLUME 4[] NUMBER as MAY 28, 2018 PAGE a4assa

( 13) Possession and/or use of tobacco or cigarette rolling papers

(14) Possession and/or distribution of drug paraphernalia

( 15) Excessivt: foul or abusive language

( 16) Possession and/or distrioutior� of pornography.

(17) Failure to assume responsibility for, or to control his/her behavior

(b) Category II - Examples of offenses for which the student will normally be suspended and

which may result in expulsion and referral to law enforcement:

(1) Assault on _ student

(2) Chronic disruption of the school program and/or activities

(3) Bullying

a) Physical - Includes hitting, kicking, tripping. pinching and pushing or damaging property.

b) Verbal - Includes name calling, insults, teasing, intimidation, homophobic or racist

remarks, or verbal abuse.

c) Social- Includes:

i) Lying and spreading rumors;

ii) Negative facial or physical gestures, menacing or contemptuous looks;

iii) Playing nasty jokes to embarrass and humiliate;

iv) Mimicking unkindly;

v) Encouraging others to socially exclude another;

vi) Damaging someone's social reputation or social acceptance.

d) Cyber - Includes:

i) Abusive or hurtful texts, emails or posts. images or videos;

ii) Deliberately excluding others online;

iii) Nasty gossip or rumors;

iv) Identity theft: imitating others online or accessing their content.

(4) Possession and/or use of electronic devices are prohibited without prior and written approval

from the school principal.

(5) Destruction and vandalism of school property, personal property of students and/or faculty

COMMONWEAL TH REGISTER VOLUME 40 NUMBER 05 MAY 28, 2018 PAGE 040681

(6) Receipt, sale, possession, or distribution of property stolen from CNMI Public School System

valued less than $300

(7) Distribution, attempt to distribute, or possession with intent to distribute a non-controlled

substance upon the representation that the substance is a controlled substance

(8) Extortion less than $300

(9) False fire alarm/false fire report

(10) Harassment for any reason including, but not limited to, sex, sexual orientation, color, race,

religion, national origin and disability

( 11 ) Indecent exposure

(12) Participating in, or inciting a school disruption

(13) Possession and/or detonation of an incendiary or explosive material and/or device

(firecracker or greater)

(14) Possession, use or distribution of controlled substance-related paraphernalia (other than

betel nut or cigarette rolling papers (see category I)

(15) Theft and/or knowingly possessing stolen property (24) Trespassing on school property

(16) Possession and/or use of tobacco or cigarette rolling paper, repeated offense

(17) Possession and/or use of betel nut (pugua) and or betel nut-paraphernalia, repeated

offense

(18) Fighting

(19) Conspiracy involving two or more persons to commit a category II offense

(20) Arson

(21) Conspiracy between two or more persons to commit a category Ill offense

(22) Destruction and/or vandalism of school property, personal property of students and/or

faculty valued at more than $300

(23) Receiving, selling, possessing or distributing property stolen from the CNMI Public School

System valued at $300 or more

CDMMDNWEALTH REGISTER VDLUME 4D NUMBER as MAY 28. 2D l8 PAGE D4DSS2

(24) Distribution and/or sale of alcohol

(25) Distribution and or sale of controlled substances ( illegal drugs), excluding betel nut

(26) Possession or use of a weapon or look-alike weapon of any kind (other than a firearm)

including, but not be* limited to knives, throwing star, straight razor, nunchaku, spiked glove,

spiked wr istband, or any mace, tear gas, or pepper-spray derivative. Mace, tear gas, and

pepper-spray derivatives may be carried with prior, written approval from the Commissioner of

Education

(27) Extortion of $300 or more

(28) Possession of alcohol

(29) Possession of illegal drugs including betel nut

(30) Prescription violation (misuse of properly prescribed medicine including, but not l imited to,

such drugs as amphetamines and barbiturates) Possession of prescription drugs without prior

authorization for prescribing mediation (office policy).

(31 ) Robbery

(32) Use of alcohol, under the influence of alcohol, or showing evidence of having consumed

alcohol

(33) Use of intoxicants which cause a loss of self-control or inebriation which include, but are

not limited to, glue and solvents, excluding betel nut

(34) Violent behavior which creates a substantial danger to persons or property

(35) Any crime that is designated a felony by CNMI or federal statutes.

*So in original.

(c) Category Ill - Offenses which shall result in expulsion and referral to law enforcement

(1) Possession, use, purchase, or sale of a firearm.

(i) A firearm is defined as:

(A) Any weapon which will, or is designed to or may readily be converted to expel a projectile by

the action of an explosive;

CDMMDNWEAL TH REGISTER VOLUME 40 NUMBER D5 MAY 28. 2D l8 PAGE D4DSS3

(B) The frame or receiver of any weapon which will, or is designed to or may be readily

converted to expel a projectile by the action of an explosive;*

(2) Act of Terrorism (such as bomb threats)

(3) Fraud and/or identity theft

·so in original; see the commission comment to this section.

Modified, 1 CMC § 3806(d), (e), (f), (g).


2001); Amdts Adopted 22 Com. Reg. 17361 (Aug. 18, 2000); Amdts Proposed 22 Com. Reg. 17257 (June 20, 2000);





rescinded and replaced fomler policies 609, entitled "Daily Operational Discipline Guidelines," and 610, entitled

"Student Suspension and Expulsion: See 18 Com. Reg. at 14668 (Nov. 15, 1996). The notice of adoption for the




The 2000 amendments readopted and republished "policy 609," entitled "Student Discipline," in its entirety with



The publication of the 2001 amendments omitted a page of the regulations containing the end of "regulation 2505,"

entitled "Offense Categories" and the beginning of "regulation 2506," entitled "Suspension." See 23 Com. Reg. at

18020-21 (June 19, 2001 ). The missing language of subsection (c) is as follows:

(C) Any fireaml muffler or firearm silencer;

(D) Any explosive. incendiary, or poison gas, bomb, grenade, propellant with a charge of more than four

ounces, missile having an explosive or incendiary charge of more than one quarter ounce, mine, or similar

device;

(E) Any weapon which will, or which may be readily converted to, expel a projectile by the action of an

explosive or other propellant, and which has any barrel with a bore of more than one-half inch in diameter;

(F) Any combination of parts either designed or untended for use in converting any destructive device

described in the subsection (c)(1 )(i)(D) and (E) above, and from which a destructive device may be readily

assembled.

(ii) A firearm is not:

(A) Class C common fireworks;

(B) Any device which is neither designed nor redesigned for use as a weapon; and

(C) Any device, although originally designed for use as a weapon, which is redesigned for use as a signaling

pyrotechnic, line-throwing, safety. or similar device.

(2) Conspiracy between two or more persons to commit a category Ill offense. See 22 Com. Reg. at

17271-72 (June 20, 2000).


In subsections (a)(23) and (b)(50), the Commission inserted the final periods. In subsection (b)(21 ), the Commission

inserted the final dosing parenthesis.

§ 60-20-448 Suspension

(a) [Reserved.]

(b) [Reserved.]

(c) [Reserved.]

(d) [Reserved.]

(e) When a student is suspended, the principal/designee shall attempt to reach the student's

parenUguardian to inform them of the school's action and to request that they come to school for

the student. If the parent/ guardian is unable to come for the student, the principal/designee may

ask the parenUguardian for permission to send the student home. If the parenUguardian cannot

be reached or if the above request is refused, the student must remain on school property until

the close of the school day.

(f) The student's parent or guardian shall also be notified, in writing, on the day the suspension

decision is made of the reason(s) for the suspension and the right of the student or parent or

guardian to appeal the suspension to the Commissioner of Education within ten calendar days

of the notification. Copies of all notifications shall be sent to the Commissioner of Education and

the PSS legal counsel.

(g) The appeal procedures for suspensions of less than ten days are described in section (h) of

this section (below). The appeal procedures for suspensions of ten days or more are described

in § 60-20-452.

(h) If the parent and/or student wishes to appeal a suspension of ten days or less, the

Commissioner of Education or a designee who shall be someone other than a principal, TITLE

60: BOARD OF EDUCATION© 2014 by The Commonwealth Law Revision Commission

(December 28, 2014) Page 69 of 151 administrator or teacher in the suspended student's

school, shall meet with the student and/or the parent or guardian to discuss the suspension. If

the Commissioner of Education or designee finds that the student was suspended unfairly or

unjustly, or that the suspension was inappropriate given the nature of the alleged offense, or

that the student suffered undue consequences or penalties, the suspension may be overturned

and any reference to the suspension in school records will be expunged. Such findings shall be

made in writing within ten school days of the conference.

Modified, 1 CMG§ 3806(c), (d), (e), (f), (g).


r


2001); Amdts Adopted 22 Com. Reg. 17361(Aug.18, 2000); Amdts Proposed 22 Com. Reg. 17257 (June 20, 2000);





rescinded and replaced former policies 609, entitled "Daily Operational Discipline Guidelines." and 610, entitled





The 2000 amendments readopted and republished "policy 609." entiUed "Student Discipline." in its entirety with


Discipline." and replaced it with the sections in subpart F.

The publication of the 2001 amendments omitted a page of the regulations containing the end of "regulation 2505, • entitled "Offense Categories· and the beginning of "regulation 2506," entitled "Suspension.· See 23 Com. Reg. at

18020-21 (June 19, 2001 ). The Commission reserved subsections (a) through (d) so that the error can be corrected.

In subsection (g), the original cross-reference to subsection (e) was incorrect See 23 Com. Reg. at 18021 (June 19,

2001 ). The Commission changed the cross-reference to "subsection (h)" to correct a manifest error.

The history of former policy 610, entitled "Student Suspension and Expulsion" is as follows: Amdts Proposed 17 Com.

Reg. 13505 (June 15, 1995); Amdts Proposed 17 Com. Reg. 13008 (Mar. 15, 1995); Amdts Adopted 14 Com. Reg.

9285 (May 26, 1992); Amdts Proposed 13 Com. Reg. 8164 (Oct. 15, 1991); Amdts Adopted 13 Com. Reg. 7541 (Jan.

15, 1991); Amdts Adopted 12 Com. Reg. 7438 (Oct 15, 1990) (reserving proposed amendment for further

consideration); Amdts Proposed 12 Com. Reg. 7205 (Aug. 15, 1990); Proposed 3Com. Reg. 1254 (June 30, 1981).

§ 60-20-450 Expulsion

(a) Expulsion is permanent exclusion from public school attendance, school activities and

school property. Expulsion shall be used only in severe cases, or where other means of

corrective disciplinary action have failed, or where no other reasonable alternatives are

available. An expulsion may be recommended if the student persistently engages in conduct

that warrants suspension, or if the student by means of a single action evidences behavior that

is serious enough to warrant removal to protect the rights or safety of others. TITLE 60: BOARD

OF EDUCATION© 2014 by The Commonwealth Law Revision Commission (December 28,

2014) Page 70 of 151

(b) Only the Commissioner of Education may expel a student. The principal recommending

expulsion shall prepare written documentation in justification of such action.

COMMONWEALTH REGISTER VOLUME 40 NUMBER 05 MAY 28, 2018 PAGE 040SSS

(c) The Commissioner of Education reserves the right to exclude students for other than

disciplinary reasons if the expulsion is deemed in the best interest of the student or the

operation of the school (i.e. student with a contagious health problem).

(d) In the event of criminal conduct or other serious action committed by a student, the

Commissioner of Education may expel the student immediately and for an unlimited period with

a hearing to be held in accordance with § 60-20-452.

(e) Prior to any expulsion ordered by the Commissioner of Education, the student shall be

advised by the principal or his designee of the specific conduct resulting in the action, the

student shall be given the opportunity to explain his or her version of the facts surrounding the

alleged misconduct and the student shall be advised of the applicable hearing procedures.

Modified, 1 CMC § 3806(c).

History: Amdts Adopted 23 Com. Reg. 18263 (Aug. 16, 2001); Amdts Proposed 23 Com. Reg. 17965 (June 19. 2001 ); Amdts Adopted 22 Com. Reg. 17361 (Aug. 18, 2000); Amdts Proposed 22 Com. Reg. 17257 (June 20, 2000);

Amdts Proposed 20 Com. Reg. 16083 (Aug. 15, 1998); Amdls Adopted 18 Com. Reg. 14668 (Nov. 15, 1996); Amdts Proposed 17 Com. Reg. 13767 (Nov. 15, 1995); Amdts Emergency 17 Com. Reg. 13754 (Nov. 15, 1995) (effective


Commission Comment: The 1996 amendments adopted a new policy 609, entitled "Student Disciplinary Code," and rescinded and replaced former policies 609, entitled "Daily Operational Discipline Guidelines," and 610, entitled


1996 amendments also stated that former policy 617 was rescinded and replaced. The Commission could not determine the promulgated policy to which "policy 617" refers.


The 2000 amendments readopted and republished "policy 609." entitled "Student Discipline," in Its entirety with numerous amendments. The 2001 amendments repealed former Board of Education policy 609. entitled "Student Discipline," and replaced it with the sections in subpart F.

COMMONWEALTH REGISTER VOLUME 40 NUMBER 05 MAY 28. 20!8 PAGE 040ES7

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