Idaho State Statutes - Idaho Attorney Directory

The board of trustees may deny
enrollment, or may deny attendance at any of its schools by expulsion, to any
pupil who is an habitual truant, or who is incorrigible, or whose conduct, in
the judgment of the board, is such as to be continuously disruptive of school
discipline, or of the instructional effectiveness of the school, or whose
presence in a public school is detrimental to the health and safety of other
pupils, or who has been expelled from another school district in this state or
any other state. Any pupil having been denied enrollment or expelled may be
enrolled or readmitted to the school by the board of trustees upon such
reasonable conditions as may be prescribed by the board; but such enrollment
or readmission shall not prevent the board from again expelling such pupil for
cause.
Provided however, the board shall expel from school for a period of not
less than one (1) year, twelve (12) calendar months, or may deny enrollment
to, a student who has been found to have carried a weapon or firearm on school
property in this state or any other state, except that the board may modify
the expulsion or denial of enrollment order on a case-by-case basis.
Discipline of students with disabilities shall be in accordance with the
requirements of federal law part B of the individuals with disabilities
education act and section 504 of the rehabilitation act. An authorized
representative of the board shall report such student and incident to the
appropriate law enforcement agency.
No pupil shall be expelled nor denied enrollment without the board of
trustees having first given written notice to the parent or guardian of the
pupil, which notice shall state the grounds for the proposed expulsion or
denial of enrollment and the time and place where such parent or guardian may
appear to contest the action of the board to deny school attendance, and which
notice shall also state the rights of the pupil to be represented by counsel,
to produce witnesses and submit evidence on his own behalf, and to
cross-examine any adult witnesses who may appear against him. Within a
reasonable period of time following such notification, the board of trustees
shall grant the pupil and his parents or guardian a full and fair hearing on
the proposed expulsion or denial of enrollment. However, the board shall allow
a reasonable period of time between such notification and the holding of such
hearing to allow the pupil and his parents or guardian to prepare their
response to the charge. Any pupil who is within the age of compulsory
attendance, who is expelled or denied enrollment as herein provided, shall
come under the purview of the juvenile corrections act, and an authorized
representative of the board shall, within five (5) days, give written notice
of the pupil's expulsion to the prosecuting attorney of the county of the
pupil's residence.
The superintendent of any district or the principal of any school may
temporarily suspend any pupil for disciplinary reasons or for other conduct
disruptive of good order or of the instructional effectiveness of the school.
A temporary suspension by the principal shall not exceed five (5) school days
in length; and the school superintendent may extend the temporary suspension
an additional ten (10) school days. Provided, that on a finding by the board
of trustees that immediate return to school attendance by the temporarily
suspended student would be detrimental to other pupils' health, welfare or
safety, the board of trustees may extend the temporary suspension for an
additional five (5) school days. Prior to suspending any student, the
superintendent or principal shall grant an informal hearing on the reasons for
the suspension and the opportunity to challenge those reasons. Any pupil who
has been suspended may be readmitted to the school by the superintendent or
principal who suspended him upon such reasonable conditions as said
superintendent or principal may prescribe. The board of trustees shall be
notified of any temporary suspensions, the reasons therefor, and the response,
if any, thereto.
The board of trustees of each school district shall establish the
procedure to be followed by the superintendent and principals under its
jurisdiction for the purpose of effecting a temporary suspension, which
procedure must conform to the minimal requirements of due process.

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