Suspension/Expulsion

Summary of RSA 193:13

RSA 193:13 is the New Hampshire Statute which governs the suspension and expulsion of students from school.

It provides the authority by which the Superintendent or Principal may suspend a student for up to 20 days. The pupil and the parents have the right to appeal any suspension issued by a Principal to the Superintendent, while a suspension issued by a Superintendent may be appealed to the local School Board. A decision of the School Board can be appealed to the State Board of Education. A pupil can be expelled for any acts which constitute gross misconduct, those acts of violence which are defined in RSA 193-D:1, as well as for the possession of a pellet or BB gun. These expulsions may be for a period of time determined by the School Board. When the School Board expels a student, it will provide a transition plan indicating what steps the student must take to be able to return to school. The parents and the student have the right to have the expulsion reviewed prior to the commencement of any subsequent school year. In addition, the parent can appeal any expulsion to the State Board of Education. RSA 193:13 provides for an automatic expulsion if any student brings or possesses a firearm onto any school property which includes school buses, any property owned by the School District, and any property used by a School District for school purposes. Under the law, an expulsion for bringing firearm to school must last a minimum of 12 months unless altered by the Superintendent and the School Board due to extraordinary circumstances. Again, the student and parents have a right to appeal an expulsion for bringing a firearm to school to the State Board of Education.

Any student who has been expelled from the school in this state or a school in any other state for bringing possesses a firearm onto any school property or possessing a firearm on school property will not be eligible to enroll in this school during the period of expulsion.

A student who is educationally disabled and subject to potential suspension or expulsion must be afforded the protections contained in RSA 186-C.