| | | Be it enacted by the People of the State of Maine as follows: |
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| | | Sec. 1. 1 MRSA §405, sub-§6, ¶B, as amended by PL 1979, c. 541, Pt. A, | | §3, is repealed and the following enacted in its place: |
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| | | B.__The taking of testimony about or discussion or | | consideration of suspension or expulsion of a public school | | student or a student at a private school, the cost of whose | | education is paid from public funds, by a school board.__The | | school board shall permit the student and legal counsel and, | | if the student is a minor, the student's parents or legal | | guardians to be present at an executive session during the | | taking of testimony if the student, parents or guardians so | | desire.__The school board may deliberate without the | | student, legal counsel, parents or guardians present. |
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| | | This bill amends the freedom of access laws as they apply to | | school boards to allow a school board to take testimony about, in | | addition to discussing and considering, the suspension or | | expulsion of a student in executive session. The student and the | | student's parents or guardians must be permitted to be present | | during the taking of testimony. This bill allows the school | | board to prohibit the presence of the student and the student's | | legal counsel and parents or guardians while the school board is | | deliberating. The board's vote on whether to suspend or expel a | | student must be taken in public, consistent with the freedom of | | access laws. |
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