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Suspended in Kansas: the 10-day line, the 72-hour hearing, and a student press law

Kansas writes its suspension and expulsion process into statute, day by day. It also has an anti-bullying law and one of the country's oldest student press protections.

By Ian Massaro

Founder and President of KidsKnowRights8 min read

Awaiting professional legal review

Topics:Kansassuspensionbullyingstudent press

This article provides general educational information, not individualized legal advice. KidsKnowRights is not a law firm, and reading this article does not create an attorney-client relationship. Laws vary by state, age, and circumstances, and they change over time. For advice about a real situation, talk with a licensed attorney or a legal aid organization.

A ninth grader in Garden City is told on a Tuesday afternoon that she is suspended for three days over a hallway argument. Her mother, who reads Spanish more comfortably than English, wants to know if the school can do that without talking to them first. In Kansas the answer is written in K.S.A. 72-6115 and 72-6116, and it comes with clocks: 24 hours, 72 hours, 10 days. This article explains those clocks, the Kansas bullying law, and one right Kansas students have that most states' students do not.

Who has to be in school, and what a school can suspend you for

Kansas compulsory attendance law, K.S.A. 72-3120, covers every child from age 7 until 18 who has not earned a diploma or equivalency credential. A 16- or 17-year-old can leave only through a narrow door: an approved alternative program, a court order, or a parent's written consent given at a final counseling session where the school lays out what leaving will cost. That session is required by statute, not a school's choice.

K.S.A. 72-6114 lists the only grounds for suspension or expulsion in Kansas public schools. They are: willfully breaking a published conduct rule, substantially disrupting the school, endangering others or invading their rights, conduct that would be a felony anywhere or a misdemeanor at school, and disobeying a teacher or officer when that disobedience can reasonably be expected to cause disorder. If the reason you were given does not fit one of those six, that is worth saying at the hearing.

The clocks: 24 hours, 72 hours, 10 days, 90 days, 186 days

Kansas splits discipline into three sizes. A short-term suspension is up to 10 school days. An extended-term suspension is up to 90 school days. An expulsion is up to 186 school days, which is a full school year and can roll into the next one.

For a short-term suspension, K.S.A. 72-6115 says the student must be told the charges and given a chance to respond, even informally, before being sent home, unless the student is a danger or a serious disruption right then. Either way, written notice must go to the student and parent within 24 hours, and if there was no hearing first, an informal one must happen within 72 hours. Show up: skipping the hearing counts as giving it up.

For an extended suspension or expulsion, the school must send written notice of the charges and set a formal hearing no later than 10 days after the notice. K.S.A. 72-6116 lists what that hearing must include: a lawyer or adviser of your choice, your parents in the room, the full testimony against you, the right to cross-examine witnesses and call your own, and a decision based on substantial evidence. The hearing must be recorded at the district's expense, and there is an appeal. These Kansas rules sit on top of Goss v. Lopez (1975), in which the U.S. Supreme Court held that a public school student facing even a 10-day suspension must get notice of the charges and a chance to tell their side, because public education is a right the state cannot take away without due process.

Bullying reports and the student publications act

K.S.A. 72-6147 requires every Kansas school district to adopt a policy against bullying and a plan to address it, including training for staff and students. The statute's definition is broad on purpose: any intentional act, threat, or electronic message severe or persistent enough to create an intimidating environment, by a student, a staff member, or a parent. Cyberbullying by text, game chat, or website is named specifically. The law does not set a statewide deadline for a school to respond, so after a report, ask for the district's own policy; the statute requires one to exist.

Kansas also has the Student Publications Act, K.S.A. 72-7209 through 72-7211. It says the liberty of the press in student publications 'shall be protected' and that material cannot be suppressed only because it is political or controversial. Student editors decide the content. The limits are libel, obscenity, promoting a crime, or a material disruption of school. This is a bigger shield than the federal baseline set in Hazelwood v. Kuhlmeier (1988), where the Supreme Court let a principal cut articles from a school-sponsored newspaper for reasons tied to legitimate educational concerns. Kansas passed its own act to give students back the ground Hazelwood took.

What to do and where to check

Important

If you are suspended, write down the date and time you were told and the exact reason given. Count the hours: written notice by 24 hours, informal hearing by 72. For an extended suspension or expulsion, the notice must come with a copy of the law and the district's hearing rules; read them, bring a parent and, if you can, an adviser or lawyer, and ask for the record of the hearing, which the district pays for.

The statutes in this article are free to read on the Kansas Office of Revisor of Statutes website under Chapter 72. The Kansas State Department of Education in Topeka oversees school districts and publishes guidance for families; we could not confirm a single statewide complaint form for discipline disputes, so start with your district's board of education, which hears appeals, and then ask the state department where to go next. Kansas Legal Services takes education cases for families who qualify.

Remember this

  • Kansas requires school from age 7 to 18; a 16- or 17-year-old can leave only through an approved program, a court order, or a parent-signed counseling session.
  • A short suspension is up to 10 school days, with written notice within 24 hours and a hearing within 72; extended suspensions run up to 90 days and expulsions up to 186.
  • At a formal hearing you can bring a lawyer or adviser, hear the evidence, question witnesses, and get a recorded hearing paid for by the district.
  • Every Kansas district must have a bullying policy, and the Student Publications Act protects student newspapers beyond what Hazelwood allows elsewhere.

Sources

This article provides general educational information, not individualized legal advice. KidsKnowRights is not a law firm, and reading this article does not create an attorney-client relationship. Laws vary by state, age, and circumstances, and they change over time. For advice about a real situation, talk with a licensed attorney or a legal aid organization.