Northern Mariana Islands School Discipline Laws & Regulations: Return to school following removal

Discipline Compendium

Northern Mariana Islands School Discipline Laws & Regulations: Return to school following removal

Category: Exclusionary Discipline: Suspension, Expulsion, and Alternative Placement
Subcategory: Return to school following removal
State: Northern Mariana Islands

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LAWS

No relevant laws found.

REGULATIONS

§ 60-20-458. Enrollment or return following suspension and/or expulsion.

(a)(1) No student shall be readmitted, or permitted to enroll or otherwise attend school (except as may otherwise be required by law), following a suspension or expulsion from any school until the PSS has conducted a conference to review the conduct that resulted in the expulsion or suspension, and any remedial actions needed to prevent any future occurrences of such or related conduct

(2) Participants in such pre-admission conferences will include:(i) Any teacher directly involved in the suspension offense.

(ii) The student

(iii) The parent/guardian.

(iv) The representative of any agency having legal jurisdiction, care, custody, or control of the student.

(v) PSS staff members designated by the Commissioner/ designee

(b) The PSS shall notify in writing the parent/guardian and all other parties of the time, place, and agenda of any such conference. However, failure of any party to attend this conference shall not preclude holding the conference.

(c) Notwithstanding any provision of this chapter to the contrary, no student shall be

readmitted or enrolled in a regular program of instruction if:

(1) The student has been convicted of one of the offenses listed below.

(2) The student been charged with one of the offenses and there has been no final judgment.

(3) A juvenile petition has been filed alleging that the student committed an act, which if committed by an adult, would be one of the offenses listed below, and there has been no final judgment; or

(4) The student has been adjudicated to have committed an act, which if committed by an adult, would be one of the offenses listed below.

(d) Offenses to which subsection (c) applies

(1) First degree murder under the laws of the CNMI

(2) Second degree murder under the laws of the CNMI

(3) First degree assault under the laws of the CNMI

(4) Forcible rape under the laws of the CNMI

(5) Forcible sodomy under the laws of the CNMI

(6) Robbery in the first degree under the laws of the CNMI

(7) Distribution of drugs to a minor under the laws of the CNMI

(8) Arson under the laws of the CNMI

(9) Kidnapping under the laws of the CNMI.

(e)(1) Nothing in this section shall be construed to prevent the PSS from imposing discipline under its regulations for conduct underlying the above-listed offenses, even if the adult charge or juvenile charge has been dismissed, or the student has been acquitted or adjudicated not to have committed such acts in a criminal or juvenile court _ if by a preponderance of the evidence, it can be established that the student engaged in the underlying conduct. The PSS may enroll a student otherwise excluded under this section, in an alternative education program if the PSS

determines that such enrollment is appropriate.

(2) Student denied enrollment because of conviction of one of the acts set out in this section or due to an existing suspension or expulsion from another school will be advised of the reasons for denial of enrollment and will be given an opportunity to respond to those reasons.

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