Procedures for Suspension/Expulsion (Board Policy)
1. Policy
Suspension and explulsion from school shall be used as a means of discipline for serious offenses against the welfare of the school or for violation of the rules of the Board of Education, and only in cases where other forms of discipline are judged not to be sufficiently effective.
2. Procedure in Suspension
The Principal or Superintendent may suspend a pupil from school for a period of time not to exceed ten (10) days. (The number of days of suspension should be related to the seriousness of the offense). The Principal or Superintendent shall utilize the following procedures in order to invoke a suspension:
a. Verify that there are sufficient grounds for suspension by contacting the complaining teacher, pupil, or other school personnel. Interview any witnesses identified by the complaining person.
b. Give the pupil written notice of intention to suspend her/him and the reason(s) therefore and have the student acknowledge in writing receipt of the notice. If the pupil refuses receipt of the notice, the Principal or Superintendent should note such refusal on the receipt and, if a witness is available, obtain the witness's signature on the receipt indicating the pupil's refusal to sign.
c. Permit the pupil an informal hearing before the Principal, or Superintendent to refute the charge against her/him through her/his own testimony and/or witnesses on her/his behalf.
d. If at the informal hearing, the pupil fails to disprove the charges to the satisfaction of the school official conducting the informal hearing, she/he shall be given a letter of suspension to be given to her/his parent(s), guardian, or custodian. The letter shall state:
1. The reason(s) for the suspension and its duration;
2. that the student or her/his parent(s), guardian, or custodian have the right to appeal such suspension, first to the local Superintendent and then to the Board of Education;
3. that the student has the right to be represented at the hearing; and
4. that the student, parent, guardian, or custodian has the right to request that such hearing be held in executive session.
e. Attempt to contact the parent(s) by phone to inform them of the suspension.
f. Send the pupil home at the close of the school day, if possible.
g. Hand deliver or mail a copy of the letter of suspension to the parent(s) and Treasurer of the Board of Education within twenty-four (24) hours from the time of suspension.
3. Procedure for Expulsion
The Superintendent shall, prior to expelling the student from school:
a. Give the pupil and her/his parent(s) written notice of his intention to expel, indicating the reason(s) therefore.
b. Notify the student, parent(s), guardian, or custodian of an opportunity to appeal before the Superintendent or his designee and inform the pupil and her/his parent(s), guardian, custodian or representative as to the time and place of a hearing before the Superintendent or his designee and of the right to challenge the reason(s) for the intended expulsion. An extension of time may be given, upon the request of a pupil, parent(s), guardian, custodian or representative after which the Superintendent and/or his designee may establish a new time and place for the hearing.
c. Permit the pupil and her/his parent(s), guardian, or custodian such hearing before the Superintendent or his designee to refute the charges against her/him through her/his own testimony and/or witnesses on her/his behalf.
d. If, at the hearing, the pupil fails to disprove the charges to the satisfaction of the Superintendent or his designee conducting the hearing, the pupil shall be given a letter of expulsion to be given to her/his parent(s), guardian, or custodian. In the event parent(s), guardian, or custodian appeal at the hearing before the Superintendent, a copy of the letter of expulsion shall be given to him/her/them. The letter shall state:
1. the reason(s) for the expulsion;
2. that the student or her/his parent(s), guardian, or custodian have the right to appeal such expulsion to the Board of Education or its designee;
3. that the student has the right to be represented at the appeal hearing before the Board of Education or its designee; and
4. that the student, parent(s), guardian, or custodian has the right to request that such hearing be held in executive session.
e. Attempt to contact the parent(s) by phone to inform them of the expulsion.
f. Hand deliver or mail a copy of the letter of expulsion to the parent(s) and Treasurer of the Board of Education within twenty-four (24) hours from the time of expulsion. If the letter of expulsion is mailed to the parent(s), proof of mailing should, whenever possible, be obtained through the postal service at the time of mailing.
4. Procedure for Removal of Disruptive Pupil
The Superintendent or Principal shall cause the immediate removal from school of a pupil whose conduct poses a continuing danger to persons or property or an ongoing threat of disrupting the academic process of the school, endangering other pupils, teachers, or other school employees, or damaging school property. If removal by the Superintendent or Principal is necessary, then the following procedure will be followed:
a. Notify the pupil in writing by hand delivery or mail
b. Notify the parent(s), guardian, or custodian of the removal and the reasons.
c. Permit the pupil and her/his parent(s), guardian, or custodian a hearing within seventy-two (72) hours of the initial removal.
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