Are there limitations placed on suspension or expulsion?

School Discipline

Are there limitations placed on suspension or expulsion?

August 2018


Alabama Not specified in statute or regulation.
Alaska Not specified in statute or regulation.
Arizona Violation type: Students may not be expelled for excessive absenteeism until they are over the compulsory school age. Ariz. Rev. Stat. Ann. § 15-841
Arkansas Grade level: Students in K-5 may not be suspended out of school, with exceptions.
Length: Suspensions are a maximum of 10 school days. Expulsions are 10+ school days.
Violation type: Students may not suspended out of school for truancy.
Ark. Code Ann. § 6-18-507
California Grade level: Students in K-3 may not be suspended.
Length: Students may not be kept in school for more than 30 minutes after the end of school day. Students may not be kept from lunch or recess.
Violation type: Non-punitive approaches required for truancy/absenteeism.
Cal. Educ. Code § 48900
Cal. Educ. Code § 48903
Cal. Code Regs. tit. 5, § 352
Cal. Code Regs. tit. 5, § 353
Colorado Length: Suspension is no more than 5-10 school days, with exceptions. Colo. Rev. Stat. Ann. § 22-33-105
Connecticut Grade level: Students in prekindergarten-2 may not receive out of school suspensions, with exceptions.
Length: No student may be placed in in-school suspension more than 15 times or more than 50 days total in one school year. Suspension is for no more than 10 consecutive days. Expulsion is for no more than one year.
Conn. Gen. State. Ann. § 10-233c
Conn. Gen. State. Ann. § 10-233a
Conn. Gen. State. Ann. § 10-233f
Delaware Length: Short-term suspensions are 10 consecutive school days or less. Long-term suspensions shall not exceed the number of school days in a year.
Violation type: Students may not be disciplined for failure to disclose account passwords.
Del. Code Ann. tit. 14, § 8104
Code Del. Regs. 14 616
District of Columbia Grade level: Students in prekindergarten may not be expelled or suspended out-of-school, with exceptions. Students in K-8 may not be suspended out-of-school, with exceptions for causing or threatening bodily injury or emotional distress. Starting in 2020-2021 school year, students in grade 9-12 may not be suspended out-of-school for violations concerning: dress code, willful defiance, or behavior off school grounds, with exceptions.
Length: Students in prekindergarten who may be suspended for cause, may not be suspended for longer than 3 days for an individual incident. Allowable suspension is 5 consecutive days for students in K-5, 10 consecutive days for students in grades 6-12 and 20 cumulative days overall, with exceptions.
Violation type: Students may not be excluded for absence, tardiness, or violations of the uniform policy.
D.C. Mun. Regs. tit. 5-B, § 2502
D.C. Mun. Regs. tit. 5-B, § 2504
D.C. Mun. Regs. tit. 5-B, § 2408
D.C. Code § 38-273.03
D.C. B22-0594 (2018)
Florida Violation type: Students may not be suspended for truancy or tardiness. Fla. Stat. Ann. § 1006.09
Georgia Grade level: Students in prekindergarten-3 may not be expelled or suspended for more than 5 days during a school year without previous non-punitive intervention, with exceptions. Ga. Code Ann. § 20-2-742
Hawaii Violation type: No serious discipline shall be imposed for Class D offenses, including: minor problem behaviors, possession of contraband or violation of other school rules. Students may not be suspended for truancy or cutting class. Haw. Code R. 8-19-6
Idaho Length: Temporary suspension may not exceed 5 school days. Idaho Code Ann. § 33-205
Illinois Length: Expulsions may not exceed 2 calendar years.
Violation type: Students may not be suspended or expelled for truancy unless supportive services were previously provided.
105 Ill. Comp. Stat. Ann. 5/10-22.6
105 Ill. Comp. Stat. Ann. 5/26-12
Indiana Length: Suspension is up to 10 school days. Expulsion is the remainder of the school year. Ind. Code Ann. § 20-33-8-18
Ind. Code Ann. § 20-33-8-20
Iowa Not specified in statute or regulation.
Kansas Length: Short-term suspension is 10 school days or less. Extended suspension is 90 days or less. Expulsion is 186 school days or less.
Violation type: Firearm/weapon possession does not apply to weapons instruction/approved courses.
Kan. Stat. Ann. § 72-6132
Kan. Stat. Ann. § 72-6115
Kentucky Grade level: Students in primary school may only be suspended when there are issues of safety for the child or others. Ky. Rev. Stat. Ann. § 158.150
Louisiana Grade level: Students in prekindergarten-5 must not be suspended or expelled for a violation not tied to willful disregard of school policies. Students in K-5 expelled for firearm/weapon possession receive a reduced mandatory expulsion, 2 semesters instead of 4. Suspension for possession of a knife is mandatory, unless the student is in prekindergarten-5.
Violation type: Firearm/weapon possession does not apply to weapons instruction/approved courses.
La. Rev. Stat. Ann. 17:416
Maine Length: Expulsion may not exceed the number of instructional days in the current school year. Suspensions are 10 days or less. Me. Rev. Stat. tit. 20-A § 1001
Maryland Grade level: Prekindergarten-2 students may not be suspended or expelled, with exceptions.
Length: Suspension is 10 school days or less.
Violation type: Students may not be suspended solely for attendance issues.
Md. Code Ann., Educ. § 7-305
Md. Code Ann., Educ. § 7-305.1
Massachusetts Violation type: Students may not be suspended or expelled for conduct not connected with school activities, or for marriage, pregnancy or parenthood. Mass. Gen. Laws Ann. 71 § 84
Michigan Grade level: Students below grade 6 are not subject to mandatory suspension/expulsion for physical or verbal assault.
Length: Distrcts are encouraged to implement a plan to reduce student suspensions and expulsions that exceed 10 days.
Violation type: Students may not be suspended or expelled for pregnancy.
Mich. Comp. Laws Ann. § 380.1301
Mich. Comp. Laws Ann. § 380.1310
Mich. Comp. Laws Ann. § 380.1311a
Mich. Comp. Laws Ann. § 388.1767a
Minnesota Length: Students may not be excluded more than 5 periods for violation of rule of conduct. Suspension is no more than 10 school days. Minn. Stat. Ann. § 121A.41
Minn. Stat. Ann. § 121A.61
Mississippi Not specified in statute or regulation.
Missouri Length: Suspension is 10 school days or less. Superintendent may suspend a sutdent for 180 school days or less.
Violation type: Students may not be suspended or expelled solely for prior disciplinary action.
Mo. Ann. Stat. § 167.161
Mo. Ann. Stat. § 167.171
Montana Length: Expulsion is more than 20 school days without provision of educational services. Suspension is 10 school days or less.
Violation type: Firearm/weapon possession does not apply to weapons instruction/approved courses.
Mont. Code Ann. § 20-5-202
Nebraska Length: Suspension is 5 school days or less. Expulsion generally may not exceed the remainder of the semester.
Violation type: Firearm/weapon possession does not apply to weapons instruction/approved courses. Students who are truant or tardy should be provided with alternatives to suspension or expulsion.
Neb. Rev. Stat. § 79-267
Neb. Rev. Stat. § 79-283
Neb. Rev. Stat. § 28-1204.04
Nevada Grade level: Suspensions or expulsions must be reviewed for grades 1-6. Students in grades 1-8 may not be disciplined for simulating a firearm while playing, wearing clothing that depicts a firearm or expresses an opinion regarding the right to bear arms, with exceptions.
Length: Suspension is 3 or more consecutive days.
Violation type: Students may not be suspended solely for truancy.
Nev. Rev. Stat. Ann. § 392.466
Nev. Rev. Stat. Ann. § 392.467
Nev. Rev. Stat. Ann. § 392.4634
Nev. Rev. Stat. Ann. § 392.4657
New Hampshire Length: Suspension is 10 school days or less. N.H. Rev. Stat. Ann. § 193:13
New Jersey Grade level: Students in prekindergarten-2 may not receive an out-of-school suspension, with exceptions. N.J. Stat. Ann. § 18A:37-2a
New Mexico Length: Expulsion is removal exceeding 10 school days. Long-term suspension is removal for a specified time exceeding 10 school days. Temporary suspension is removal for 10 school days or less.
Violation type: Students may not be suspended out-of-school or expelled for truancy/attendance.
N.M. Stat. Ann. § 22-12-9
N.M. Admin. Code 6.11.2.7
New York Length: Short-term suspensions may not exceed 5 school days. N.Y. Educ. Laws § 3214
North Carolina Length: Short-term suspension is up to 10 school days.
Violation type: Firearm/weapon possession does not apply to weapons instruction/approved courses. Students may not be suspended long-term or expelled for truancy and may not be short-term suspended for more than 2 days. Students may not be long-term suspended or expelled for using profanity, noncomplicance, dress code violations or minor physical altercations.
N.C. Gen. Stat. Ann. § 115C-390.1
N.C. Gen. Stat. Ann. § 115C-390.10
N.C. Gen. Stat. Ann. § 115C-390.2
North Dakota Length: Suspension is up to 10 days. N.D. Cent. Code Ann. § 15.1-19-09
Ohio Grade Level: Effective November 2018, students in pre-k through grade three may not be suspended out-of-school, with exceptions.
Length: Suspension is not more than 10 school days. Expulsion is not more than 80 school days or remaining days in a term.
Violation type: Students may not be suspended, expelled or removed from school solely for attendance issues.
Ohio Rev. Code Ann. § 3313.66
Ohio Rev. Code Ann. § 3313.668
Ohio House Bill 318 (2018)
Oklahoma Grade level: Students in grades K-5 are not subject to mandatory suspension for assault.
Length: Short-term suspension is less than 10 days.
Okla. Stat. Ann. tit. 70, § 24-101.3
Oregon Grade level: Students in grade 5 or lower may only be suspended out-of-school or expelled for violations related to physical harm, threatening behavior or legal requirements.
Length: Suspension is not more than 10 school days. Expulsion is not more than one calendar year.
Violation type: Students may not be expelled solely for attendance issues. Firearm/weapon possession does not apply to weapons instruction/approved courses.
Or. Rev. Stat. Ann. § 339.250
Pennsylvania Violation type: Firearm/weapon possession does not apply to weapons instruction/approved courses. 24 Pa. Cons. Stat. Ann. § 13-1317.2
Rhode Island Violation type: Students may not be suspended out-of-school solely for attendance issues. Drug use/possession and weapon possession (other than than firearm) must be imposed considering context. Firearm/weapon possession does not apply to weapons instruction/approved courses. R.I. Gen. Laws Ann. § 16-19-1
R.I. Gen. Laws Ann. § 16-21-21.1
R.I. Gen. Laws Ann. § 11-47-60.2
South Carolina Violation type: Students may not be suspended for purchase of a lottery ticket. S.C. Code Ann. § 59-150-250
South Dakota Not specified in statute or regulation.
Tennessee Length: Suspension is not more than 10 days.
Violation type: Acts of self-defense must be considered.
Tenn. Code Ann. § 49-6-3401
Texas Grade level: Students below grade 3 may not be placed in out-of-school suspension, with exceptions.
Length and violation type: Code of conduct violation suspensions may not exceed 3 days.
Violation type: Acts of self-defense must be considered.
Tex. Educ. Code Ann. § 37.005
Tex. Educ. Code Ann. § 37.001
Utah Length: Suspension is 10 days. Utah Code Ann. § 53G-8-206
Vermont Length: Suspension is 10 days or less. Expulsion is up to 90 days or remainder of school year. Vt. Stat. Ann. tit. 16, § 1162
Virginia Grade level: Students in prekindergarten through grade three may not be suspended for more than 3 days or expelled, with exceptions.
Length: Suspension is not more than 10 school days. Long-term suspension is not more than 45 school days.
Violation type: Students may not be suspended solely for attendance issues.
Va. Code Ann. § 22.1-277
Va. Code Ann. § 22.1-277.04
Va. Code Ann. § 22.1-277.05
Washington Grade-level: Students in kindergarten through grade four may not be subject to short-term suspensions for more than 10 days during any single semester/trimester. Students in grade five may not be subject to short-term suspension for more than 15 days during any single semester or 10 days in any trimester.
Length: Short-term suspension is up to 10 consecutive school days. Expulsions may not last longer than the academic term.
Violation type: Firearm/weapon possession does not apply to weapons instruction/approved courses.
Wash. Rev. Code Ann. § 28A.600.015
Wash. Rev. Code Ann. § 28A.600.420
Wash. Rev. Code Ann. § 28A.600.020
Wash. Admin. Code 392-400-245
West Virginia Length: Suspension is not more than 10 school days. Expulsion is not more than one year.
Violation type: Students may not be suspended solely for attendance issues.
W. Va. Code Ann. § 18A-5-1a
W. Va. Code Ann. § 18A-5-1
Wisconsin Length: Suspension is not more than 5 days.
Violation type: Students may not be suspended or expelled for attendance issues.
Wis. Stat. Ann. § 120.13
Wyoming Length: Suspension is no more than 10 school days. Expulsions may not last longer than one year. Wyo. Stat. Ann. § 21-4-305

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