An Act to Allow School Boards to Expel or Suspend Students Regardless of Grade Level
Summary
LD165 would change Maine’s school discipline law to allow school boards to expel or authorize suspension of students at any grade level. Under current law, the strongest mandatory discipline provisions are limited in important ways for students in grade 5 and below, including restrictions on out-of-school suspension and a shorter maximum suspension period. This bill removes the grade-level exemption so that school boards could apply expulsion and suspension authority to younger students as well as older students.
The bill also appears to repeal or modify related provisions adopted in 2021 that limited certain disciplinary consequences for younger students, including rules about recess and out-of-school suspension. In practical terms, it would give local school boards and administrators broader discretion to remove students from school for serious misconduct, while still leaving room for alternative educational services and case-by-case modification of expulsion requirements. The measure is framed as a school safety and discipline bill, focused on conduct such as violence, weapons, drugs, and deliberate disobedience.
Impact
LD165 would amend Maine education statutes governing student discipline, especially the provisions that currently restrict expulsion and out-of-school suspension for students enrolled in grade 5 or below. It would expand school board authority to discipline students regardless of grade level, likely affecting local school board policies, superintendent and principal suspension authority, and the treatment of younger students under the student code of conduct. The bill would also affect related statutory protections for recess and disciplinary limits for elementary students, and could increase the use of alternative educational settings and substance use disorder services in disciplinary cases.
Sentiment
The available vote suggests the bill was controversial but had meaningful support: it advanced on a narrow 75-72 vote. That margin indicates a sharply divided Legislature, with supporters likely emphasizing school safety, order, and local control, and opponents likely concerned about harsh discipline for younger children and the rollback of protections enacted in recent years. No committee transcript is available here, but the close vote suggests the bill generated significant debate rather than broad consensus.
Contention
The main point of contention is whether younger students should remain protected from the harshest school discipline measures. Supporters appear to favor giving school boards flexibility to expel or suspend any student when behavior threatens school safety or order, including cases involving violence, weapons, or drugs. Opponents are likely to argue that removing the grade 5-and-below exemption could lead to disproportionate punishment of elementary-age children, undermine restorative approaches, and reverse existing limits on out-of-school suspension and recess withholding. The tension is between school safety and local discretion on one hand, and child-centered discipline safeguards on the other.
AN ACT to amend and reenact section 15.1-19-09 of the North Dakota Century Code, relating to the suspension and expulsion of kindergarten through grade twelve students.