Under Section 10-233d of the Connecticut General Statutes, expulsion is defined as an exclusion from school for ten or more days. Similar to suspension, expulsion by the local or regional school board can occur if a student's conduct: (1) violates established policy; (2) severely disrupts the educational process; or (3) poses a threat to people or property. For off-campus incidents, not involving school transportation or school-sponsored activities, the student's actions must violate policy and seriously disrupt the educational environment.
The local board may assess: (1) the proximity of the conduct to the school; (2) involvement of other students or gangs; (3) the occurrence of violence, threats, unlawful weapon use, and any injuries; and (4) the involvement of alcohol usage.
Conduct That Qualifies for Expulsion
The Connecticut General Assembly has established laws mandating expulsion for students engaging in certain dangerous behaviors. If a student possesses a firearm or another weapon on school grounds or at a school-sponsored event, they must be expelled for a minimum of one calendar year as per state and federal law. The federal Guns-Free School Act defines a "firearm" as:
- Any weapon that can be designed to or may be easily converted to expel a projectile through explosive action.
- The frame or receiver of such a weapon.
- Any firearm silencer or muffler.
- Any destructive device including bombs, grenades, rockets, missiles, mines, or similar devices.
Connecticut requires mandatory expulsion for a minimum of one year for students found with a firearm, deadly weapon, dangerous instrument, or martial arts weapon on school property, with certain case-by-case exceptions. Definitions for these items are:
- Deadly Weapon: A weapon, whether loaded or not, from which a shot can be discharged; also includes switchblade knives, gravity knives, billies, blackjacks, bludgeons, or metal knuckles.
- Dangerous Instrument: Anything capable of causing serious injury or death.
- Martial Arts Weapon: Includes items like nunchaku, kama, kasari-fundo, octagon sai, tonfa, and Chinese stars.
Different rules apply for actions outside school grounds. Expulsion is recommended if the student unlawfully carries a pistol or uses any weapon or instrument in committing a crime.
Furthermore, expulsion for at least one year is mandated if a student is involved in the sale or distribution of controlled substances, on or off school property, regardless of the quantity. Controlled substances encompass drugs like marijuana, cocaine, heroin, and hallucinogenic agents. Parents should refer to student handbooks for a complete list of banned substances.
Contact Us
If you have any questions regarding school expulsions in Connecticut, or wish to consult an attorney regarding a legal matter, please contact Joseph C. Maya and the attorneys at Maya Murphy, P.C. at (203) 221-3100 or Jmaya@mayalaw.com to arrange a free initial consultation.
