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Committee weighs extending school expulsions to calendar year for severe misconduct
Summary
House Bill 1223 would allow school boards to impose suspensions or expulsions measured by calendar year for severe misconduct, rather than automatically ending expulsions at the start of the next academic year, Representative Jonas told the House Education Committee.
Representative Jonas introduced House Bill 1223 and said the bill would give school boards flexibility to set suspension or expulsion durations measured by calendar year rather than ending automatically at the end of the academic school year. He said the change would let districts address serious incidents that occur late in a school year without returning the student to campus at the start of the next school year when the harm and need for services remain unresolved.
"House Bill 1223 will give the district flexibility when determining the duration of an expulsion or suspension, [based on] the severity of the infraction, taking consideration the age of the student and their discipline history," Jonas said, stressing that the change would apply to severe or violent behavior and not minor infractions.
The North Dakota School Boards Association and the North Dakota Council of Educational Leaders told the committee they support the bill with clarifying amendments. Amy DeCook, executive director of the School Boards Association, emphasized the bill’s intent to expand authority for very serious infractions — possession of dangerous weapons (other than firearms), violent attacks and similar conduct — while noting the statute already imposes a mandatory 12‑month expulsion for a firearm on school property. DeCook also clarified that under current state practice, summer school is considered an extension of the academic year and that school districts are not obligated to provide ongoing educational services to expelled regular‑education students (special‑education students retain IEP obligations).
School administrators and superintendents described scenarios that proponents said justify the tool. Andrew Jordan, superintendent of Wilton Public School, recounted a May 2023 incident in which students fired airsoft guns at peers arriving at school, an episode he said created pervasive fear in the community. The students were expelled days before the end of that school year; Jordan said a calendar‑year expulsion would have matched the incident’s severity and allowed districts time to arrange services and supports.
Committee members asked about overlaps with criminal investigations and Title IX processes. Witnesses said school districts retain an obligation to investigate allegations for disciplinary purposes even when law enforcement is investigating; law enforcement and school investigations often proceed in parallel, and districts can coordinate to avoid impeding criminal probes. Witnesses also noted that districts can reinstate students if subsequent findings show allegations were false.
No formal vote occurred in the hearing. Supporters urged the committee to adopt narrowly tailored language and to preserve procedural safeguards and review mechanisms for reinstatement.
Ending: The committee closed testimony after hearing from school boards, educational leaders and superintendents. Proponents said the proposal fills a practical gap for severe misconduct occurring late in a school year; committee members requested clarifying language on policy overlaps and due process.
