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 A, §3, is repealed and the following enacted in its place:

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.

SUMMARY

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.