Expulsion of student determined to have brought firearm to school

(A) A student who is determined to have knowingly brought a firearm to a school or any setting under the jurisdiction of a local board of trustees must be expelled for no less than one year from the date of the incident. The expulsion hearing must follow the procedures established pursuant to Section 59-63-240. (B) If the hearing is conducted by the district board of trustees, the one-year expulsion period is subject to modification by the board on a case-by-case basis. (C) If the hearing is conducted by any authority other than the district board of trustees, the one-year expulsion period is subject to modification by the district superintendent of education. The board must receive and review a copy of the results of the expulsion hearing and affirm any modification recommendations by the district superintendent of education. If the board does not affirm a modification recommendation of the district superintendent, the expulsion period established in this section shall be reinstated. A student shall retain all rights afforded to him by Section 59-63-240. (D) Students expelled pursuant to this section are not precluded from receiving educational services in an alternative setting to include virtual programming. Each local board of trustees is to establish a policy which requires the student to be referred to the local county office of the Department of Juvenile Justice or its representative.