We all know that kids make mistakes. They often say things they do not mean out of anger and frustration. Sometimes they write their thoughts and feelings down in a journal or a notebook instead of saying something hurtful to another person – maybe it is even recommended by a counselor or therapist. What happens when those comments or feelings are then reported to the school? Or what happens when your child is falsely accused? Because of the world we live in today, school districts everywhere must take every report and allegation seriously. Here in Ohio, the law has changed significantly regarding the possible consequences that students may face with their school district.
Until recently, a public school district could largely only expel a student for a maximum of 80 school days.[1] Following that 80-day period, so long as the student lived in the district, the district was required to allow the student to return to school. Beginning April 9, 2025, new provisions to Ohio Revised Code Section 3313.66 went into effect. There are now additional circumstances in which a district may expel a student for a longer period.
School districts are now permitted to expel a student for a period not to exceed one hundred eighty school days for actions that the Superintendent determines pose imminent and severe endangerment to the health and safety of other pupils or school employees. What does it mean to “pose imminent and severe endangerment” to the health and safety of others? Well, the statute does provide a definition. According to the statute, “imminent and severe endangerment” means:
· Bringing a firearm to a school;
· Bringing a knife capable of causing severe bodily injury to a school;
· Committing an act that is a criminal offense when committed by an adult and that results in serous physical harm to another person;
· Making a bomb threat; and
· Making an articulated or verbalized threat, including a hit list, threatening manifesto, or social media post, that would lead a reasonable person to conclude that the pupil poses a serious threat.
Under this definition, if your child says something out of anger that they otherwise did not mean, draws a picture of something they saw in a video game because they thought it looked “cool”, or makes a joke that someone overhears and misinterprets – your child can now be expelled for 180 school days if the Superintendent, in their own discretion after providing notice and a hearing, determines that the behavior constitutes an imminent threat.
In addition, if a Superintendent chooses to expel the student for 180 days in these circumstances, the Superintendent shall develop conditions for that student to satisfy prior to the student’s reinstatement, including an assessment to determine whether the student poses a danger to themselves, to other students, or school employees. Then, at the end of the 180-day expulsion period, the Superintendent shall determine whether the student has shown sufficient rehabilitation to be reinstated. If so, the Superintendent should reinstate the student and allow them to return to school. However, if the Superintendent has determined that the student has not shown sufficient rehabilitation, the Superintendent may extend the expulsion for an additional 90 school days. If at the end of that additional 90-day expulsion period, the Superintendent reassesses the student and determines that the student still has not shown sufficient rehabilitation, the Superintendent may extend the expulsion again for another 90-day term. There is no limit on the number of times the Superintendent may extend an expulsion.
It is critical that parents and students are aware of this new addition to Ohio’s existing statute. The school year is almost over; however, it is never too late to have conversations with your children about their behavior in schools and the possible consequences
[1] There are some limited exceptions whereby a District may expel a student for a period not to exceed one year for certain offenses.
Written by Attorney Jessica Moore, Esq. at Abdnour Weiker LLP.