Outline of the state of Maine
State
Maine
Comprehensive assurances of due process

Category
Disciplinary Due Process

Category
Disciplinary Due Process

State law provides comprehensive assurances of due process for students facing disciplinary action.

Maine Revised Statutes 20-A 1001. Duties of school boards

9-A.  Students expelled or suspended under the requirements of the federal Gun-Free Schools Act. The school boards shall adopt a policy for expelling a student who is determined to have brought a firearm, as defined in 18 United States Code, Section 921, to school or to have possessed a firearm at school and for referring the matter to the appropriate local law enforcement agency.

  • A. A student who is determined to have brought a firearm to school or to have possessed a firearm at school under this subsection must be expelled from school for a period of not less than one year, except that the school board may authorize the superintendent to modify the requirement for expulsion of a student on a case-by-case basis. A decision to change the placement of a student with a disability must be made in accordance with the federal Individuals With Disabilities Education Act, 20 United States Code, Section 1400 et seq.
  • B. Nothing in this subsection prevents a school board from:
  • 1) Offering instructional activities related to firearms or from allowing a firearm to be brought to school for instructional activities sanctioned by the school board and for which the school board has adopted appropriate safeguards to ensure student safety; or
  • 2) Providing educational services in an alternative setting to a student who has been expelled.
  • C. In accordance with the proper investigation and due process provisions required in subsection 9, a principal may suspend immediately for good cause a student who is determined to have brought a firearm to school or to have possessed a firearm at school under this subsection.
Policy Type
Statute