Section 7.4 Expulsion

• Library: School Law (2003 Ed. + 2016 Supp)

C. (§7.4) Expulsion

A student can permanently forfeit the right to attend the public schools through misconduct. As with suspension, the statutory standard for expelling a student is that the student has engaged in conduct “prejudicial to good order and discipline in the schools or which tends to impair the morale or good conduct of the pupils.” Section 167.161, RSMo 2000. Only the school board may expel a student and only after notice to parents and an opportunity for a hearing upon charges preferred. Id. Under § 167.161.1, after meeting with the superintendent or the superintendent’s designee, a student’s parent or legal guardian—or a student who has reached the age of 18—may waive any right to a hearing before the board of education regarding the student’s expulsion.

The nature of the notice and hearing required by § 167.161 is not elaborated on in any great detail. The statute merely says that the board shall consider the evidence and statements presented by the parties and may also consider a student’s past disciplinary record, criminal court records, or juvenile court records. Section 167.161.1. The board is permitted to formulate procedural rules to govern such hearings. Id.

Student expulsion hearings and appeals from long-term suspensions are governed by the provisions of the Administrative Procedure Act contained in Chapter 536, RSMo. In Sykes v. Sweeney, 638 F. Supp. 274 (E.D. Mo. 1986), a high school student was expelled for touching a female teacher on the buttocks, flourishing a baseball bat, and struggling with a police officer who was...