Board Policy 5370

Suspension and Expulsion

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    In-School Suspension

    The Superintendent or designee is authorized to maintain an in-school suspension program. The program shall include, at a minimum, each of the following:

    1. Before assigning a student to in-school suspension, the charges will be explained and the student will be given an opportunity to respond to the charges.
    2. Students are supervised by licensed school personnel.
    3. Students are given the opportunity to complete classroom work during the in-school suspension for equivalent academic credit.

     

    Out-of-School Suspension

    The Superintendent or designee shall implement suspension procedures that provide, at a minimum, for each of the following:

    1. A conference during which the charges will be explained and the student will be given an opportunity to respond to the charges before he or she may be suspended.
    2. A pre-suspension conference is not required, and the student can be immediately suspended when the student’s presence poses a continuing danger to persons or property or an ongoing threat of disruption to the educational process. In such cases, the notice and conference shall follow as soon as practicable.
    3. An attempted phone call to the student’s parent(s)/guardian(s).
    4. A written notice of the suspension to the parent(s)/guardian(s) and the student, which shall:
      1. Provide notice to the parent(s)/guardian(s) of their child’s right to a review of the suspension;
      2. Include information about an opportunity to make up work missed during the suspension for equivalent academic credit;
      3. Detail the specific act of gross disobedience or misconduct resulting in the decision to suspend;
      4. Provide rationale or an explanation of how the chosen number of suspension days will address the threat or disruption posed by the student or his or her act of gross disobedience or misconduct; and
      5. Depending upon the length of the out-of-school suspension, include the following applicable information:
        1. For a suspension of 3 school days or less, an explanation that the student’s continuing presence in school would either pose:
          1. A threat to school safety, or
          2. A disruption to other students’ learning opportunities.
        2. For a suspension of 4 or more school days, an explanation:
          1. That other appropriate and available behavioral and disciplinary interventions have been exhausted,
          2. As to whether school officials attempted other interventions or determined that no other interventions were available for the student, and
          3. That the student’s continuing presence in school would either:
            1. Pose a threat to the safety of other students, staff, or members of the school community, or
            2. Substantially disrupt, impede, or interfere with the operation of the school.
        3. For a suspension of 5 or more school days, the information listed in section 4.e.ii., above, along with documentation by the Superintendent or designee determining what, if any, appropriate and available support services will be provided to the student during the length of his or her suspension.
    5. A summary of the notice, including the reason for the suspension and the suspension length, must be given to the Board by the Superintendent or designee.

     

    Upon request of the parent(s)/guardian(s), a review of the suspension shall be conducted by the Board or a hearing officer appointed by the Board. At the review, the student’s parent(s)/guardian(s) may appear and discuss the suspension with the Board or its hearing officer and may be represented by counsel. Whenever there is evidence that mental illness may be the cause for the suspension, the Superintendent or designee shall invite a representative from the Department of Human Services to consult with the Board. After presentation of the evidence or receipt of the hearing officer’s report, the Board shall take such action as it finds appropriate. If the suspension is upheld, the Board’s written suspension decision shall specifically detail items (a) and (e) in number 4, above.

     

    Expulsion Procedures

    The Superintendent or designee shall implement expulsion procedures that provide, at a minimum, for the following:

    1. Before a student may be expelled, the student and his or her parent(s)/guardian(s) shall be provided a written request to appear at a hearing to determine whether the student should be expelled. The request shall be sent by registered or certified mail, return receipt requested. The request shall:
      1. Include the time, date, and place for the hearing.
      2. Briefly describe what will happen during the hearing.
      3. Detail the specific act of gross disobedience or misconduct resulting in the decision to recommend expulsion.
      4. List the student’s prior suspension(s).
      5. State that the School Code allows the School Board to expel a student for a definite period of time not to exceed 2 calendar years, as determined on a case-by-case basis.
      6. Ask that the student or parent(s)/guardian(s) or attorney inform the Superintendent or Board Attorney if the student will be represented by an attorney and, if so, the attorney’s name and contact information.
    2. Unless the student and parent(s)/guardian(s) indicate that they do not want a hearing or fail to appear at the designated time and place, the hearing will proceed. It shall be conducted by the Board or a hearing officer appointed by it. If a hearing officer is appointed, he or she shall report to the Board the evidence presented at the hearing and the Board shall take such final action as it finds appropriate. Whenever there is evidence that mental illness may be the cause for the recommended expulsion, the Superintendent or designee shall invite a representative from the Dept. of Human Services to consult with the Board.
    3. During the expulsion hearing, the Board or hearing officer shall hear evidence concerning whether the student is guilty of the gross disobedience or misconduct as charged. School officials must provide: (1) testimony of any other interventions attempted and exhausted or of their determination that no other appropriate and available interventions were available for the student, and (2) evidence of the threat or disruption posed by the student. The student and his or her parent(s)/guardian(s) may be represented by counsel, offer evidence, present witnesses, cross-examine witnesses who testified, and otherwise present reasons why the student should not be expelled. After presentation of the evidence or receipt of the hearing officer’s report, the Board shall decide the issue of guilt and take such action as it finds appropriate.
    4. If the Board acts to expel the student, its written expulsion decision shall:
      1. Detail the specific reason why removing the student from his or her learning environment is in the best interest of the school.
      2. Provide a rationale for the specific duration of the recommended expulsion.
      3. Document how school officials determined that all behavioral and disciplinary interventions have been exhausted by specifying which interventions were attempted or whether school officials determined that no other appropriate and available interventions existed for the student.
      4. Document how the student’s continuing presence in school would (1) pose a threat to the safety of other students, staff, or members of the school community, or (2) substantially disrupt, impede, or interfere with the operation of the school.
    5. Upon expulsion, the District may refer the student to appropriate and available support services.