Suspension and Expulsion
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- Bus Suspension
- In-School Suspension
- Out-of-School Suspension
- Expulsion in Abeyance Agreements (EIA)
- Expulsion
Bus Suspension
Students’ bus riding privileges may be suspended for violations of Board policies 7:220 - Bus Conduct and/or 7:190 Student Behavior.
Procedures/Procedural Safeguards
Bus suspension follows the same procedures as all other suspensions. During the time of the school bus suspension, parents are responsible for transporting their students. Students are expected to attend school for the duration of the bus suspension. Students who do not have alternative transportation during a bus suspension shall be allowed to make up work with no loss of credit. Parents are responsible for notifying the building principal if alternate transportation is not available.
Appeal Process
There are two appeal processes for bus suspensions:
- For suspensions of 1-10 days, the parent may appeal the suspension within 24 hours of the suspension to the building principal.
- For suspensions of more than 10 days, the parent may appeal the suspension to the Board of Education. The parent must appeal the suspension, in writing, within 24 hours of the suspension, to the building principal.
In-School Suspension
In-school suspension is the temporary exclusion of a student from his or her regular classroom, lunch area, and other regular school day activities and assignment to a designated place in the school for one or more hours in a school day, or days.
Procedures/Procedural Safeguards
- Oral and/or written notice of the charges and evidence supporting the charges must be presented to the accused student.
- If the charges are denied by the student, the student must be given an opportunity to explain the reasons for the denial to the administrator who issued the suspension.
- The in-school suspension may not exceed three school days for any incident.
- The parent/guardian must receive a report of the suspension along with a full statement of the reasons for the in-school suspension determination.
Out-of-School Suspension
Out-of-school suspension (OSS) is the temporary exclusion of students from school, the school bus, school grounds and all school activities. Out-of-school suspension may not exceed 10 consecutive school days.
Procedures/Procedural Safeguards
- Oral and/or written notice of the charges and evidence supporting the charges must be presented to the accused student.
- If the charges are denied by the student, the student must be given an opportunity to explain the reasons for the denial to the administrator who issued the suspension.
- The out-of-school suspension may not exceed ten school days for any incident.
- The parent/guardian must receive a report of the suspension along with a full statement of the reasons for it and a notice of a right to review/appeal.
- Parent/guardian is required to attend the Re-engagement Conference with their student upon return from out-of-school suspension. The Re-engagement Conference shall address intervention strategies and support services to successfully transition back to school.
Missed work during suspension
To ensure the continuation of learning, students who are serving an out of school suspension are expected to complete schoolwork during the duration of the suspension. Upon suspension, an automatic homework request will be issued. Students will not suffer a loss of grade or credit solely due to the suspension. Students must complete all homework and any tests in a timely manner upon return from suspension.
Academic and Behavioral Support Services
Appropriate and available support services will be discussed and provided for students who are suspended for more than 4 consecutive school days.
Appeal Process
A parent/guardian may request a review or appeal of an out-of-school suspension. The review/appeal procedure is listed below:
- Within one school day of receiving the suspension notice, the parent must submit a “Request for a Suspension Review/Appeal” form to the building principal.The form is available from any school administrator.
- The building principal must schedule a meeting within 3 school days of the receipt of the appeal request.
- If the building principal grants the appeal request, the discipline will be expunged from the student’s school record.
- If the building principal does not grant the appeal request, the parent has the right to appeal the suspension to the Board of Education or hearing officer appointed by the Board of Education. The form for an appeal to the Board appointed hearing officer is available from any school administrator and is due within 24 hours of the building principal’s decision.
- The building principal will forward the request to the Student Services Department who will schedule a hearing before the Board’s hearing officer. A certified letter will be mailed to the parent with the details of the hearing date and time.
- The parent/guardian and school administration will present evidence and testimony to the hearing officer for consideration regarding the suspension appeal.
- The hearing officer submits a report to the Board of Education with a recommendation.
- The Board of Education will either uphold or overturn the discipline. If the discipline is overturned, the infraction is removed from the student record.
- The parent/guardian will receive written notification of the Board’s decision by mail.
Expulsion in Abeyance Agreements (EIA)
An Expulsion in Abeyance (EIA) agreement may be offered by the building principal when a student has acknowledged involvement in misconduct for which an expulsion otherwise is recommended and express appropriate understanding of the implications of the misconduct, remorse, and a commitment to avoid serious misconduct in the future. The EIA agreement gives students an alternative to being expelled from school for gross disobedience or misconduct. Students must successfully complete the terms of the EIA agreement in order for the agreement to terminate. All EIA agreements are voluntary and require the approval of the parent/guardian, building principal, Superintendent or his/her designee, and the School Board.
Procedural Guidelines
- School administration discusses the terms of the EIA agreement with the student and parent/guardian.
- The parent/guardian agrees to the EIA agreement and signs the required paperwork.
Expulsion in Abeyance Agreement Revocation
If a student does not comply with one or more of the terms of the Expulsion in Abeyance agreement, the stay of expulsion may be lifted. If lifted, the student will be recommended for expulsion, effective immediately, for the remainder of the Expulsion in Abeyance agreement term. The Expulsion period shall go into effect upon the conclusion of the following procedures:
- The school administration will investigate any new charges triggering a revocation.
- The student will be provided the opportunity to defend those charges. The school administrator will consider the facts and determine if the revocation will continue.
- Parents/guardians will be notified of the charges that have led to the revocation of the EIA agreement orally and/or in writing.
- The school administrator will submit a revocation request to the Student Services Department.
- A letter will be sent, by certified mail to the parent/guardian detailing the terms of the expulsion.
Expulsion
Expulsion is the most severe consequence a school system may impose. The Board of Education may expel a student for up to two calendar years when the student’s continued presence would meet the requisite safety or disruption level. A student who is determined to have brought a weapon to school, any school-sponsored activity or event, or any event which bears a reasonable relationship to school shall be recommended for expulsion for a period of not less than one calendar year. Expelled students may not enroll in or attend any educational program operated by the school district.
Expulsion recommendations will be acted upon by the Board even if a student withdraws or otherwise transfers to a non-district school prior to the date of the expulsion hearing.
Procedural Guidelines
A Notice of Expulsion is mailed to the parent/guardian by certified or registered U.S. mail, which shall include:
- A request to appear before the hearing officer to discuss their child’s behavior.
- The time, place, and purpose of the meeting.
- The rationale for the length of the recommended expulsion.
- Whether other interventions were attempted or determined not to be appropriate and available.
- A copy of the corresponding suspension notice.
- Proposed EIA agreement, if applicable
Expulsion Hearing Procedures
In the event of a recommendation for expulsion, the District will schedule a hearing before the Board. The following procedures apply to hearings before the Board for recommendations of expulsion:
- The student shall have an opportunity for a hearing which is conducted by the School Board.
- The School Board shall provide written notice to the parent/guardian of the time, place, and purpose of the hearing by registered or certified mail and request the appearance of the parent/guardian at the hearing.
- During the hearing, the student, parents/guardian may be represented by legal counsel, present witnesses and other evidence and cross-examine school witnesses. Parents/guardians must inform school officials if they intend to bring legal counsel to represent the student at the expulsion hearing. The Board shall hear evidence on the issue of the recommendation for expulsion, if any. At the meeting, the Board must state the reasons for the proposed dismissal and the date on which the expulsion is to become effective.
- Student witness names will remain confidential, to the extent allowed by law. The District administrator presenting the District’s position will identify and state a valid rationale for masking other witness names based upon real evidence and legitimate fear of retaliation, when applicable. If the hearing involves a student with a disability, the administrator additionally shall present information as to the outcome of the Manifestation Determination Review (MDR) held by the school’s special education team prior to the hearing.
- The Board will allow the parties to clearly explain their respective points of view and to submit whatever evidence they have available that is relevant to the recommendation for expulsion.
- After the hearing, the Board shall render a decision. If the Board finds the student in violation of the Student Code of Conduct it shall determine the appropriate level of discipline, up to and including expulsion.
- Only the School Board can expel a student from school. The decision of the Board shall be in writing with a copy provided to the parents/guardian of the student. If the Board acts to expel the student, the Boards’ written decision minimally must detail the specific reasons why removing the pupil from the learning environment is in the best interest of the school and must include a rationale as to the specific duration of the expulsion. It also must include a finding of whether other interventions were attempted or it was determined that there were no other appropriate and available interventions.
- When there is evidence that mental illness may be the cause for the recommended expulsion, a representative from a local mental health agency shall be invited to consult with the Board.