- Procedure for Suspension of 10 Days or Less
Through written policy the Board of Education has delegated to any school principal the power to suspend a student for not more than five days. The superintendent has been delegated the power to suspend a student for additional periods of time. (See accompanying policy.)
The school authority shall follow the procedures set forth below in any discipline involving suspension of a student. School authority shall mean the principal or designee, the Superintendent or the Board of Education as may be applicable under the circumstances.
- Notice. The principal or his/her designee at the time of contemplated action shall give the student notice of the contemplated action.
- Contents of Notice. The notice shall contain the following basic information:
- A statement of what the student is accused of doing.
- A statement of the basis of the accusation. Specific names may be withheld if necessary. This information need not be set out formally but should sufficiently inform the student of the basis for the contemplated action.
- Informal Hearing.
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- The student shall have an opportunity to explain his or her position regarding a disruption in the classroom or an incident constituting grounds for discipline.
- The student shall be given an opportunity to admit or deny the accusation.
- In the event of contradictory facts, the school authorities should attempt to ascertain the facts before disciplinary action is taken.
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- Timing. The notice and informal hearing should precede removal of the student from school. There need be no delay between the time notice is given and the time of the hearing.
- If the student's presence in school presents a danger. Notice and an informal hearing need not be given prior to removal from school where a student's presence poses a continuing danger to persons or property or an ongoing threat of disrupting the academic process. In this case, an informal hearing will follow as soon after the student's removal as practicable.
- Notification following suspension. If a student is suspended, the suspending authority shall immediately notify the parent, guardian, or legal custodian that the student has been suspended, the grounds for such suspension and the period of such suspension. The notification shall include the time and place for the parent, guardian, or legal custodian to meet with the suspending authority to review the suspension.
- Removal from school grounds. A suspended pupil shall be required to leave the school building and the school grounds immediately following a determination by the parent, guardian, or legal custodian and the suspending authority of the best way to transfer custody of the pupil to the parent, guardian, or legal custodian.
- Readmittance. No student shall be readmitted to school until the meeting with the parent, guardian, or legal custodian has taken place or until, in the opinion of the suspending authority, the parent, guardian, or legal custodian has substantially agreed to review the suspension with the suspending authority. The meeting shall address whether there is a need to develop a remedial discipline plan for the pupil in an effort to prevent further disciplinary action. However, if the suspending authority cannot contact the parent, guardian, or legal custodian or if the parent, guardian, or legal custodian repeatedly fails to appear for scheduled meetings, the suspending authority may readmit the student. The suspending authority shall:
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- Make every reasonable effort to meet with the parent, guardian, or legal custodian of the pupil during the period of suspension;
- Not extend a period of suspension because of the failure of the suspending authority to meet with the parent, guardian, or legal custodian during the period of suspension;
- Provide an opportunity for a pupil to make up school work during the period of suspension. The intent of this provision is to provide an opportunity for the pupil to reintegrate into the educational program of the district following the period of suspension. Students will receive full or partial academic credit to the extent possible for makeup work which is completed satisfactorily.
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- Procedure for Expulsion or Denial of Admission
In the event that the Superintendent contemplates action denying admission to any student or prospective student or expelling any student, the following procedures shall be followed:
- Notice. The Board of Education or an appropriate administrative officer of the district will cause written notice of such proposed action to be delivered to the student and the student's parent/guardian no less than 5 days prior to the date of the contemplated action. Such delivery may be by United States mail addressed to the last known address of the student or the student's parent/guardian.
- Emergency Notice. In the event it is determined that an emergency exists necessitating a shorter period of notice, the period of notice may be shortened provided that the student or the student's parent/guardian have actual notice of the hearing prior to the time it is held.
- Contents of Notice. The notice will contain the following basic information:
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- A statement of the basic reasons alleged for the contemplated denial of admission or expulsion.
- A statement that a hearing on the question of expulsion or denial of admission will be held.
- A statement of the date, time and place of the hearing in the event one is requested.
- A statement that the student may be present at the hearing and hear all information against him or her, that the student will have an opportunity to present such information as is relevant, and that the student may be accompanied and represented by a parent/guardian and an attorney.
- A statement that failure to participate in such hearing constitutes a waiver of further rights in the matter.
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- Conduct of Review. A hearing may be requested by the parent/guardian. The expulsion/denial of admission hearing shall be conducted by the District's hearing officer. The hearing may be conducted in open session or may be closed except to those individuals deemed advisable by the superintendent but including in all events, the student, the parent/guardian and, if requested, the student's attorney. Such individuals as may have pertinent information may be permitted to a closed hearing to the extent necessary to provide such information. Testimony and information may be presented under oath. The student shall present his/her version of the events and relevant information. Technical rules of evidence shall not be applicable, and the hearing officer may consider and give appropriate weight to such information or evidence he/she deems appropriate. The student's written statement, if any, may be presented as evidence in accordance with applicable law. The student or his representative may question individuals presenting information. A sufficient record of the proceedings shall be kept so as to enable a transcript to be prepared in the event either party so requests. Preparation of the transcript will be at the expense of the party requesting the same. The hearing officer will make specific factual findings and submit those findings and a recommendation regarding expulsion to the superintendent. The superintendent will review the hearing officer's factual findings and recommendation and issue a written decision within five days of the hearing.
- Appeal. Within 10 days after the decision of the superintendent, the student may appeal the decision to the Board of Education. Failure to request an appeal within 10 days will result in a waiver of the right to appeal and the superintendent's decision will become final. If an appeal is properly requested, the Board will review the record concerning the expulsion or denial of admission. The record includes notices and other documents concerning the challenged action, the transcript of testimony, if any, the hearing exhibits, the findings and recommendation of the hearing officer, the hearing officer's written decision, and other documents concerning the challenged action. The student may be represented by counsel at the appeal. Representatives of the district and the parents may make brief statements to the Board, but no new evidence may be presented unless such evidence was not reasonably discoverable at the time of the hearing. Members of the Board may ask questions for purposes of clarification of the record. The Board will make final determination regarding the expulsion or denial of admission of the student and will inform the student and his parent/guardian of the right to judicial review.
- Information to parents. Upon expelling a student, district personnel will provide information to the student's parent/guardian concerning the educational alternatives available to the student during the period of expulsion, including district-provided services. If the parent/guardian chooses to provide a home-based education program for the student, district personnel will assist the parent in obtaining appropriate curricula for the student if requested by the parent/guardian. If the student is expelled, and is not receiving educational services through the district, the school district will contact the expelled student's parent/guardian at least once every 60 days until the student is eligible to re-enroll to determine whether the child is receiving educational services. District personnel need not contact the parent/guardian after the student is enrolled in another school district or in an independent or parochial school, or if the student is committed to the department of human services or sentenced through the juvenile justice system.
- Readmittance. In accordance with state law, an expelled student shall be prohibited from enrolling or re-enrolling in the same school in which the victim of the offense or member of the victim's immediate family is enrolled or employed when:
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- the expelled student is convicted of a crime, adjudicated a juvenile delinquent, receives a deferred judgment or is placed in a diversion program as a result of committing the offense for which the student was expelled;
- there is an identifiable victim of the expelled student's offense and;
- the offense for which the student was expelled does not constitute a crime against property. If the district has no actual knowledge of the name of the victim, this provision shall be implemented only upon request of the victim or a member of the victim's immediate family. This provision does not apply if the offense for which the student was expelled constitutes a crime against property.
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- Procedure for the expulsion for crimes of violence or unlawful sexual behavior
The following procedures will apply when the district receives notification that a student has been charged in juvenile or district court with a crime of violence or unlawful sexual behavior as those terms are defined by state law.
- The Board or its designee will make a preliminary determination whether it will proceed with an expulsion hearing based on the following factors:
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- Whether the student has exhibited behavior that is detrimental to the safety or welfare of other students, or school personnel.
- Whether educating the student in school may disrupt the learning environment, provide a negative example for other students or create a dangerous and unsafe environment for students, teachers and other school personnel.
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- If it is determined that the student should not be educated in the schools of the district and that grounds for expulsion exist, the district may suspend or expel the student in accordance with the procedures set forth above.
- Alternatively, suspension or expulsion proceedings may be postponed pending the outcome of the court proceedings. If the suspension or expulsion proceedings are postponed, the student will not be permitted to return to school during that period. An appropriate alternative education program, including but not limited to, an online program authorized by state law or a home-based education program will be established for the student during the period pending the resolution of the juvenile proceedings. The time that a student spends on an alternative education program will not be considered a period of suspension or expulsion.
- If the student pleads guilty to the charge, is found guilty or is adjudicated a delinquent juvenile, the Board or designee may proceed to expel the student following the procedures set forth in these regulations.
- Information regarding the details of the alleged crime of violence will be used by the Board or its designee for the purposes set forth in this policy, but will remain confidential unless the information is otherwise available to the public by law.