"School day" means a day that district schools are open for instruction.

Transcription

1 MESA UNIFIED SCHOOL DISTRICT TOPIC: Student Suspension/Expulsion GOVERNING BOARD POLICY DISTRICT CODE: JGD STUDENT SUSPENSION/EXPULSION Definitions "Parent" means a parent of a student and includes a natural or adoptive parent, a legal guardian, or an individual acting as a parent in the absence of a parent or guardian. "School day" means a day that district schools are open for instruction. "Working day" means a day that district administration offices are open for business, regardless of whether or not schools are open. Student Suspension Suspension means the temporary withdrawal of the privilege of attending a school for a specific period of time. Any suspension must be for good cause and reported to the Governing Board within five working days of imposition. The building administrator has the authority to impose a short suspension (ten school days or less) following appropriate due process. Members of the superintendency have the authority to impose a long suspension (eleven school days or more) following appropriate due process. The Superintendent will develop guidelines, in accordance with Arizona state law, for the suspension of students, including appeal of a long suspension to the Governing Board. Student Expulsion Expulsion means the permanent withdrawal of the privilege of attending all schools in the district unless the Governing Board reinstates the privilege. Only the Governing Board has authority to expel a student. The administration will give the student/parent written notice that the administration has recommended that the student be expelled. The notice will include a copy of this policy and/or regulation. The administration will give the student/parent written notice of the date, time, and place for the formal hearing at least five working days prior to the hearing. If the student withdraws after receiving notice of possible expulsion, the hearing will proceed and the results will be recorded in the student's permanent file. The hearing will be closed to protect the privacy of the student unless the student/parent requests that it be open to the public. The hearing will be recorded by a recording device. A copy of the recording will be made available to the student/parent upon request; however, it will not routinely be transcribed. The student/parent may make a recording of the hearing at their own expense. 1 of 4

2 JGD Cont'd. Expulsion hearings will be conducted by an independent hearing officer who will hear the evidence and prepare a report consisting of written findings of fact, conclusions, and recommendation. The report will be based upon the hearing record which will include any written communications between the student/parent and the administration relating to the hearing, the charges, recorded testimony, and exhibits introduced at the hearing. Copies of the report will be sent to the student/parent, district administration, and the Governing Board. The Board is not bound to accept the hearing officer's recommendation and must make the final decision regarding the expulsion of a student. The student may not return to school pending Board action. The independent hearing officer's recommendation may be appealed by either the student/parent or the administration by notifying the Board assistant within five working days after receipt of the hearing officer's recommendation. If the recommendation is not appealed by either the student/parent or administration within this time period, the recommendation will be included on the executive session agenda of the next regularly scheduled Governing Board meeting for action by the Board. If the recommendation is appealed by either the student/parent or administration within this time period, a Governing Board meeting will be scheduled to review the appeal. The student/parent will be given a written notice of the date, time, and place of the meeting at least five days prior to the meeting. The Board will consider the matter in executive session unless the student/parent requests an open meeting. The Governing Board will expect the student and parent to attend the meeting to answer any questions that members may have regarding the appeal. Each Board member present at the meeting will review the hearing officer's written findings of fact, conclusions, and recommendation together with the written appeal. A Board member may allow for the student/parent and the administration to present their positions, and may question the student/parent or the administration. Unless specifically requested by a Board member, no new evidence will be heard by the Board. The Board may accept the hearing officer's recommendation or reject the recommendation and impose a different disciplinary action. The Board may grant a new hearing, take the matter under advisement, or take any further action deemed necessary. The decision of the Board is final and binding. If an expulsion is imposed, it will take effect after the Board considers the hearing officer's recommendation and determines that expulsion is the appropriate disciplinary action. Procedures for Readmission After Expulsion The administration will follow these procedures when a student seeks readmission after being expelled by the Governing Board or by another educational institution: 1. When the Governing Board expels a student, the Superintendent or designee will inform the student of the procedures by which he or she may request readmission. 2 of 4

3 JGD Cont'd. 2. If an expelled student seeks readmission for the sole purpose of enrolling in the district's Distance Learning Program, the student and parent may request readmission at any time by submitting a letter to the Superintendent who will submit the request to the Governing Board, together with a statement indicating whether the Superintendent recommends readmission. The Governing Board will review the recommendation, decide whether to readmit the student, and send written notice of its decision to the student and parent. If readmission is approved, the Governing Board will also give the student and parent a copy of the Student Readmission Agreement [JGD-F(6)] that the student and parent must sign before the student will be readmitted. 3. If an expelled student seeks readmission to attend any program other than the district s Distance Learning Program, the student and parent may request readmission by submitting a readmission application, which includes the forms set forth in JGD-F(2), (4), and (5), to the appropriate area assistant superintendent. The application should be submitted at least 30 calendar days prior to the start of the semester when the student seeks readmission. An expelled student will not be readmitted earlier than 12 months after the date of the incident which resulted in the student s expulsion unless the Governing Board finds good cause to waive this requirement. 4. The area assistant superintendent or designee will collect information about the student since the expulsion, prepare a written report using form JGD-F(3), and submit the report to the Governing Board. If readmission is being recommended, he/she will prepare and submit a Student Readmission Agreement using form JGD-F(6). 5. The Governing Board will give the student and parent notice of the date, time, and location of the meeting where it will consider the student s application for readmission. The notice will include a copy of the area assistant superintendent s report. The Board will consider the matter in executive session unless the student/parent requests an open meeting. The Governing Board will expect the student and parent to attend the meeting to answer any questions that members may have regarding the request. 6. The Governing Board will review the recommendation, decide whether to readmit the student, and send written notice of its decision to the student and parent. If readmission is approved, the Governing Board will also give the student and parent a copy of the Student Readmission Agreement [JGD-F(6)] that the student and parent must sign before the student will be readmitted. Readmission will take effect on the first day of the next semester unless the Governing Board specifies another date. The decision of the Governing Board is final. Readmission of Student under the Jurisdiction of the Juvenile Justice System Any previously expelled student who is under the jurisdiction of the Juvenile Court or the Department of Youth Treatment and Rehabilitation may seek readmission as follows: 1. Prior to admission, school officials will meet with the appropriate Juvenile Court Probation Officer or Department of Youth Treatment and Rehabilitation Case Manager and assist in developing conditions of probation or conditional liberty that will provide specific guidelines for behavior and consequences for misbehavior at school as well as educational objectives that must be achieved. The appropriate area assistant superintendent or designee will submit the conditions to the Governing Board for approval. 3 of 4

4 JGD Cont'd. 2. If the student is under the jurisdiction of the Juvenile Court, the court will review the Boardapproved conditions of probation for the student and may continue the expulsion or return the student to school under the agreed upon conditions. If the student is under the jurisdiction of the State Department of Youth Treatment and Rehabilitation, the department will review the Boardapproved conditions of conditional liberty for the student and may continue the expulsion or return the student to school under the agreed conditions. 3. The Governing Board may expel the student for subsequent actions as provided in this policy. Expulsion of Special Education Students The expulsion of special education students will be in accordance with the above procedures as modified by federal and state special education law. Adopted: February 10, 1987 Revised: August 11, 1992 July 13, 1999 May 23, 2000 January 9, 2001 December 16, 2003 March 7, 2006 August 8, 2006 March 6, 2007 May 28, 2013 LEGAL REF.: A.R.S CROSS REF.: JFC Student Conduct and Discipline JFCE Gang Activity or Association JFCF Threats against the District JFCJ Dangerous Instruments and Deadly Weapons FORMS: JGD-F(2) Application for Readmission - Student Report JGD-F(2)S Application for Readmission - Student Report (Spanish Version) JGD-F(3) Application for Readmission Memo to Governing Board JGD-F(4) Authorization to Release Confidential Information JGD-F(4)S Authorization to Release Confidential Information (Spanish Version) JGD-F(5) Conditions of Probation/Conditional Liberty JGD-F(6) Student Readmission Agreement JGD-F(6)S Student Readmission Agreement (Spanish Version) 4 of 4

5 MESA UNIFIED SCHOOL DISTRICT TOPIC: Student Suspension/Expulsion (Regular Education) ADMINISTRATIVE REGULATION DISTRICT CODE: JGD-R(1) STUDENT SUSPENSION/EXPULSION REGULAR EDUCATION The following procedures will be implemented when suspending a student enrolled in a regular education program. Short Suspension A short suspension is ten (10) school days or less. The building administrator (principal, assistant principal, administrative assistant or team leader) has the authority to suspend a student for ten (10) school days or less. The notice and hearing required for a short suspension is more informal and abbreviated than for a long suspension or expulsion. A short suspension cannot be appealed to anyone other than the school principal. When a short suspension is a disciplinary option, the building administrator will attempt to conduct an informal hearing with the student and any other appropriate persons. The building administrator will orally inform the student of the alleged behavior that is considered a violation of the rules and the basis of the allegation(s). The student will be given an opportunity to respond. If, after the hearing is completed, the building administrator decides that a short suspension is appropriate, the building administrator will impose the suspension and notify the student and the student's parent. The building administrator will not exclude an elementary (grades K-6) school student from campus until the parent is notified. The building administrator may, in addition to imposing a short suspension, recommend to the appropriate area assistant superintendent or designee that a long suspension or expulsion be imposed. The short suspension will nevertheless be imposed. The building administrator may immediately suspend a student when the student's presence creates a danger to any student or school personnel. As soon as the danger subsides, the building administrator will attempt to initiate an informal hearing for short suspension. Long Suspension A long suspension is eleven (11) school days or more. The building administrator may, in addition to imposing a short suspension, recommend to the assistant superintendent or designee that a long suspension be imposed. The short suspension will nevertheless take place. Members of the superintendency have the authority to impose a long suspension. The building administrator will give the student/parent written notice that the building administrator is recommending to the assistant superintendent or designee that the student be suspended for eleven (11) school days or more. The notice will include a copy of this policy and/or regulation. 1 of 4

6 JGD-R(1) - Cont'd. If the assistant superintendent believes that a long suspension may be appropriate, the student and parent will be provided the opportunity to meet with the assistant superintendent or designee to discuss the situation in an informal setting. The assistant superintendent or designee will then determine whether good cause exists for a long-term suspension. If the assistant superintendent or designee determines that good cause exists for a long-term suspension, the assistant superintendent or designee may impose a long-term suspension or, in lieu of suspension, place the student in an alternative education program operated by the district. If the assistant superintendent or designee places a student in such an alternative education program in lieu of suspension, the student will be assigned to the alternative education program and may not attend any other school in the district during such placement without the written authorization of the assistant or designee. The student must attend the alternative school during the entire period that the student would have been subject to long suspension. If the student does not attend the alternative school during this period, the long suspension will be imposed. If, instead of alternative placement, the assistant superintendent imposes a long-term suspension, the parent may request a due process hearing within two working days after notification that long suspension has been imposed. The due process hearing, if requested, will be scheduled as soon as possible after such a request. If the due process hearing cannot be completed during the ten-day short term suspension period, the assistant superintendent may place the student in an alternative education program until the outcome of the hearing has been determined. The district will give written notice to the student/parent of the date, time and place of the hearing and the allegations against the student at least five (5) working days prior to the hearing, unless the five-day notice period is waived by the student/parent. If the student withdraws after receiving notice of possible long suspension, the assistant superintendent will proceed to determine if good cause for long suspension exists and record the determination in the student's permanent file. As a general rule, long suspension hearings will be conducted by an independent hearing officer, who will hear the evidence and make the decision on whether a long suspension is appropriate. A long suspension hearing will be recorded by recording device. A copy of the tape will be available to the student/parent upon request, however, the tape will not routinely be transcribed. The student/parent may make a recording of the hearing at their own expense. The hearing officer will send a copy of the written decision to the student/parent and the administration. If a long suspension is imposed, it will take effect upon receipt of the assistant superintendent's or the hearing officer's decision, subject to an appeal. The student/parent or the administration may appeal the hearing officer's decision by sending a written appeal to the board secretary within five (5) working days after receipt of the hearing officer's decision. The written appeal will be received no less than twenty-four (24) hours prior to the meeting where the appeal will be heard. 2 of 4

7 JGD-R(1) - Cont'd. The decision may be appealed on one or more of the following grounds: 1. That the recommendation is not appropriate. 2. That the recommendation was the result of bias or prejudice. 3. That the student was not afforded due process. 4. That new evidence is available that could not reasonably have been discovered prior to the hearing. The written appeal will set forth the ground(s) for appeal and will state the party's position and basis for their position. The opposite party may file a written response to the appeal. Unless the student/parent requests an open meeting, the Board will consider the matter in Executive Session after each board member has reviewed the hearing officer's written decision and any written appeal and response. A board member may provide the opportunity for the student/parent and the administration to present their positions, and may question the student/parent or the administration. Unless specifically requested by a board member, no new evidence will be heard by the Board. The Board may affirm the hearing officer's decision or reverse the decision and impose a different disciplinary action. The Governing Board is the ultimate authority in the district and is not bound to affirm the hearing officer's decision. In reaching its decision, the Board may consider relevant board policies and administrative regulations, its past experience with student disciplinary matters and its knowledge in general about the type of behavior exhibited by the student and any public concerns relating thereto. A new hearing may be granted by the Board. The Board may take the matter under advisement. In addition, the Governing Board may take any further action deemed necessary. The decision of the Board is final and binding. Suspension For Lack of Compliance with State Law Regarding Documentation of Immunization/Immunity The school will enroll any student lacking the documentation of immunization/immunity required by state law and to whom an exemption does not apply. However, unless the school is attempting to verify an inadequate immunization record or the student is in the process of receiving the required immunizations and a schedule for completion has been established by the student's physician or a health agency, the school will suspend the student as follows: 1. The school will give the parent written notice of the lack of compliance with state law. 2. In the written notice, the school will specify what is required for attendance. 3. In the written notice, the school will provide the parent with information regarding the availability of exemptions and refer the parent to a physician or local health authority/agency for review of the student's immunization history and provision of immunizations as needed. 4. In the written notice, the school will notify the parent that the student is suspended for up to ten days in order to allow the parent to provide the school with one of the following : a. the necessary documentation of immunization/immunity b. a statement/certificate of exemption c. documentary proof that the required immunizations have been initiated and that a schedule for completion has been established by the student's physician or a health agency. 3 of 4

8 JGD-R(1) - Cont'd. The school will terminate the suspension upon occurrence of one of the above. If none of the above have occurred by the end of the ten school-day suspension, the building administrator will notify the appropriate assistant superintendent, who will give the parent notice of the long suspension procedure. If the school is unable, after attempt, to verify an inadequate immunization record, the above suspension process will apply. Suspension of Students Who Fail to Complete Immunization Schedule The school may allow students in the process of receiving the required immunizations to attend school so long as the parent has presented the school with documentary proof of the immunizations received, as well as a schedule for completion established by the student's physician or a health agency. At least twice a year, the school will review the immunization record of any pupil allowed to attend school pursuant to this condition. If the student fails to comply with the immunization schedule, the school will give the parent notice that the student has fifteen calendar days to comply with the immunization schedule. If the student has not complied with the immunization schedule by the end of the fifteen calendar-day period, the school will suspend the student for up to ten school days in order for the student to comply with the immunization schedule. Adopted: February 21, 1989 Revised: November 12, 1991 August 11, 1992 September 19, 1995 July 29, 2004 June 19, 2013 LEGAL REF.: A.R.S Michael B. Cowan Superintendent 4 of 4

9 MESA UNIFIED SCHOOL DISTRICT TOPIC: Student Suspension/Expulsion (Special Education) ADMINISTRATIVE REGULATION DISTRICT CODE: JGD-R(2) STUDENT SUSPENSION/EXPULSION SPECIAL EDUCATION Generally all students, including students with disabilities, should expect to be disciplined according to the same standards of conduct and due process procedures. Students with disabilities, however, are provided certain procedural safeguards defined by state and federal law. The following disciplinary procedures for students with disabilities will be interpreted and applied so as to comply with the requirements of federal and state law. I. Short Suspension A. Short Suspensions for Up To Ten Cumulative School Days A short suspension may be imposed on a student with a disability for up to ten cumulative school days in one school year, and special education services need not be provided during the period of the short suspension. A school administrator will impose such short suspensions in compliance with the disciplinary procedures in JGD-R(1). In addition: 1. Before imposing a short suspension, the school administrator will consider alternatives to suspension, including placement in an alternative learning classroom or other form of inschool detention. Before imposing a suspension on a student with diminished cognitive capacity, the school administrator should also consider whether a suspension is reasonably expected to change behaviors. 2. The school administrator should report short suspensions to the student s special education case manager. The special education case manager will determine whether it is appropriate to schedule an IEP meeting to conduct a functional behavioral assessment (FBA) and develop a behavioral improvement plan (BIP) or, if a BIP exists, to review and modify it, if appropriate, to address the behavior. B. Short Suspensions for More Than Ten Cumulative School Days 1. Change of Placement Determination A series of short suspensions totaling more than ten school days in a school year will not be imposed on a student with a disability if the actions would constitute a change of the student s educational placement under IDEA. Accordingly, a short suspension in excess of ten cumulative school days in a school year may be imposed only if the school administrator, after reviewing the student s misconduct, disability, and disciplinary history, and in consultation with the appropriate area special education 1 of 6

10 JGD-R(2) Cont d. director, determines that the proposed short suspension would not constitute a change of the student s educational placement. The school administrator must find that a series of short suspensions is a pattern of removals that constitutes a change of placement if: a. The suspension is one of a series of short suspensions that would total more than ten school days in a school year; b. The student s behavior is substantially similar to the student s behavior in the incidents that resulted in the series of short suspensions that would total more than ten days; and c. The length of the short suspension, the total amount of time that the student has been suspended, and the proximity of the suspensions to one another are factors that individually or together indicate that a change of educational placement would result from the suspension. In no event will short suspensions exceed 15 cumulative school days in a school year. If a series of short suspensions constitutes a change of placement or the student s short suspensions exceed 15 cumulative school days in a school year, disciplinary action, if any, may be taken only in accordance with sections II or III below. II. Long Suspension and Expulsion A student with a disability may receive a long suspension or may be expelled pursuant to the following procedures: A. Manifestation Determination Before a student with a disability receives a long suspension, or a series of short suspensions that would constitute a change of placement, a Manifestation Determination must be conducted. The IEP team, including the parents and the Executive Director of Special Education or designee will meet to conduct the Manifestation Determination within ten days after the decision has been made to impose a long suspension or an expulsion. B. Procedures and Student Rights at the Manifestation Determination 1. The Executive Director of Special Education or designee will mail or deliver notice of the Manifestation Determination to the student and parent at least 24 hours prior to the scheduled time of the meeting. 2. The Executive Director of Special Education or designee will preside at the meeting. Each of the district employees who received a copy of the notice of the Manifestation Determination will attend unless excused by the Executive Director of Special Education or designee. 3. The school administrator will describe generally the student's alleged misconduct and proposed disciplinary action, and the school psychologist will describe the behavioral characteristics of the student s disability. 2 of 6

11 JGD-R(2) Cont d. 4. Any person attending the Manifestation Determination, including the student and parent, may provide input concerning the relationship between the alleged misconduct and the student's disability. 5. After presentation of all information, the IEP team will determine whether the alleged misconduct is a manifestation of the student's disability. The determination will be set forth in a written decision and will inform the student and parent that they may appeal the Manifestation Determination pursuant to state and federal laws. C. Discipline if Misconduct Is Unrelated to the Student s Disability If the IEP team determines that the alleged misconduct was not the result of the student's disability, the district may proceed with the disciplinary process for a long suspension or an expulsion pursuant to Governing Board Policy JGD and JGD-R(1). If the student receives a long suspension or is expelled, the district will continue to provide educational services so as to enable the student to participate in the general curriculum, although in another setting, and to progress toward meeting the goals of the student s IEP. The IEP team will conduct a functional behavioral assessment (FBA) and develop a behavioral intervention plan (BIP), or review and modify any existing BIP, to address the student s behavior. D. Review of Placement if Misconduct is a Manifestation of the Student's Disability If the IEP team determines that the student s behavior was a manifestation of the disability, the disciplinary process will end. The IEP team will promptly reconvene to: 1. Conduct a functional behavioral assessment (FBA) and develop a behavioral intervention plan (BIP), or modify any existing BIP, to address the student s behavior. 2. Review the student s current educational placement to determine whether it is appropriate in light of the student s behavior. 3. Review the setting for the student s educational services to determine if reassignment to a success/alternative school program or other setting is appropriate in light of the student s behavior. III. Alternative Change of Placement A. Alternative Educational Placement by Consent of Parent and IEP Team When a student with a disability exhibits behaviors that could prompt a long suspension or an expulsion, the IEP team, including the parent, will meet within three school days, or as soon as possible following the incident, to conduct an IEP review to determine whether the inappropriate behavior can be addressed by an alternative educational placement in place of a long suspension or an expulsion. Success/alternative school program placement does not always require modification of the IEP, but the IEP team must determine that such a placement is an appropriate alternative for the individual student. The IEP review is subject to the following procedures: 1. The Executive Director of Special Education or designee will attend the IEP review. 3 of 6

12 JGD-R(2) Cont d. 2. The IEP team will conduct an FBA and develop a BIP, or modify any existing BIP, if necessary, to address the behavior. 3. The IEP team and parent may agree to revise the IEP, if necessary, to change the placement of the student to a success/alternative school program. The alternative educational placement must allow the student s IEP to be implemented and provide access to the general curriculum, unless the student works exclusively in the functional curriculum. 4. If the IEP team, with the parent s consent, directs placement at a success/alternative school program, the placement will be maintained for a minimum of one semester for behavior that may have required a long suspension, or a minimum of two semesters for behavior that may have required an expulsion. The minimum duration of such placement will be stated in the IEP. 5. If the IEP team, with the parent s consent, concludes that placement in a success/alternative school program is an appropriate educational placement, the IEP team will terminate the disciplinary action process, including the Manifestation Determination. 6. If agreement on an alternative educational placement cannot be reached with the parent, the processes for a long suspension or an expulsion (Section II above) will be used to address the student s behavior. 7. A student who brings a firearm to school is not eligible for alternative educational placement in lieu of expulsion. B. Unilateral Interim Alternative Educational Placement by the School A student who possesses a weapon, inflicts serious bodily injury upon another person, possesses or uses illegal drugs, or sells or solicits the sale of a controlled substance while at school or at a school function may be placed immediately by the school administrator in an interim alternative educational setting for up to 45 school days, subject to the following procedures: 1. The IEP team will meet to determine the setting of such interim alternative educational placement. The interim alternative placement must allow the student to continue to receive a free, appropriate public education, including the opportunity to progress in the general curriculum and receive all special education services specified in the student s IEP. 2. The IEP team must conduct an FBA and develop a BIP, or modify any existing BIP, within ten days after the interim placement. 3. The IEP team must conduct a Manifestation Determination in accordance with the procedures set forth in Section II above. 4. The parent of a student may appeal the IEP team s determination of the alternative educational setting. If the parent of a student unilaterally placed by the district in an interim alternative educational placement requests a hearing to challenge a disciplinary action, the interim alternative placement, or the Manifestation Determination, the student must remain in the interim alternative educational placement pending the decision of the hearing officer or 45-day period, whichever occurs first, unless the parties agree otherwise. 4 of 6

13 JGD-R(2) Cont d. IV. Injunctive Relief If the district believes that maintaining the student in the current educational placement is substantially likely to result in injury to the student or others, and the student's parent or guardian will not agree to an interim alternative educational placement, the district may: V. Definitions 1. Initiate and request an expedited hearing to seek an order from a hearing officer that will change the placement of the student to an appropriate interim alternative educational setting for up to 45 calendar days; or 2. Seek injunctive relief for removal of the student from the classroom or the school. A. Controlled substance means all illegal drugs, such as marijuana, cocaine, amphetamines and methamphetamine, and all other controlled substances, such as medications that can be obtained only with a doctor s prescription, as set forth in 21 U.S.C. 812(c). B. "Expulsion" means the permanent withdrawal of the privilege of attending any school in the district, unless the Governing Board reinstates that privilege. C. Illegal drug means marijuana, cocaine, amphetamines and methamphetamine, and all other controlled substances, other than those legally possessed or used under the supervision of a licensed health-care professional, as set forth in 21 U.S.C. 812(c). D. Individualized education program or IEP means a written statement that is developed, reviewed, and revised in accordance with IDEA for a student with a disability. E. "Individualized education program team or IEP team" means a group of persons described in IDEA that is responsible for developing, reviewing, or revising an IEP for a student with a disability. F. IDEA means the Individuals with Disabilities Education Improvement Act, 20 U.S.C. 1400, et seq., and its implementing regulations, 34 C.F.R et. seq. G. Manifestation Determination means a review by the district representative, the parent, and other relevant members of the IEP team (as determined by the district and the parent) of all relevant information in the student s file, including the student s IEP, any teacher observation, and any relevant information provided by the parent to determine: 1. If the conduct in question was caused by, or had a direct and substantial relationship to, the student s disability; or 2. If the conduct in question was the direct result of the district s failure to implement the IEP. H. Serious bodily injury means bodily injury which involves a substantial risk of death; extreme physical pain; protracted and obvious disfigurement; or protracted loss or impairment of the function of a bodily member, organ, or mental faculty. 5 of 6

14 JGD-R(2) Cont d. I. A "student with a disability" means a student who has been determined to be eligible for the protections of IDEA. J. Suspension means the exclusion of a student from school for disciplinary reasons for one full day or longer. Suspension includes the suspension of bus or other transportation services unless alternative transportation is offered to the student. Suspension does not include inschool suspension or placement in an alternative learning room or alternative learning school if the student (i) receives assignments or other general education services that afford an opportunity to progress toward the education goals of the student s IEP; (ii) receives the special education services specified in the student s IEP; and (iii) participates with students without disabilities to the same extent as the student did in his or her current placement. 1. Long Suspension means a suspension of more than ten consecutive school days. 2. Short suspension means a suspension for ten consecutive school days or less. K. Weapon means a weapon, device, instrument, material, or substance, animate or inanimate, that is used for, or is readily capable of, causing death or serious bodily injury, except that such term does not include a pocket knife with a blade of less than 2½ inches in length. Adopted: February 21, 1989 Revised: November 12, 1991 August 11, 1992 February 2, 1996 February 9, 1999 October 4, 2006 August 28, 2013 Michael B. Cowan Superintendent LEGAL REF.: A.R.S A.R.S A.R.S A.R.S of 6

15 MESA UNIFIED SCHOOL DISTRICT TOPIC: Student Suspension/Expulsion ADMINISTRATION REGULATION DISTRICT CODE: JGD-R(3) STUDENT SUSPENSION/EXPULSION Role Description For the Independent Hearing Officer The independent hearing officer plays a vital role in student disciplinary actions. This regulation describes the role the hearing officer plays in assisting the student and the district in obtaining fair and impartial decisions or recommendations. Administration Recommends Long Suspension In this context the independent hearing officer is a decision maker. A student disciplinary matter is referred to a hearing officer if the area assistant superintendent has reviewed the facts, provided the student/parent the opportunity to discuss the situation, determined that good cause exists for long suspension, and the student/parent has requested a formal hearing. The independent hearing officer's duties are: to determine if the alleged violation(s) of established rules occurred, to make certain the student has been afforded due process, and to determine if good cause exists for long suspension. If the independent hearing officer determines the alleged violation(s) of established rules occurred, but that a long suspension is not appropriate, he/she may impose a lesser disciplinary action. If the hearing officer finds the alleged violation(s) occurred and a long suspension is appropriate, a written decision supporting the area assistant superintendent will be prepared. In all of the above situations, the independent hearing officer's written decision is final unless an appeal is filed with the Governing Board by the student or parent, or the administration. The Governing Board is the ultimate authority in the district and is not bound to affirm the hearing officer's decision. Administration Recommends Expulsion In this context, the independent hearing officer hears the evidence, prepares a report, and brings a recommendation to the Governing Board for action. If a student is involved in an expulsion hearing, the appropriate area assistant superintendent or designee has previously reviewed the facts, provided the student/parent the opportunity to discuss the situation, and then determined that it is appropriate to recommend expulsion to the Governing Board. In some instances the assistant superintendent may appoint a designee to fulfill these responsibilities; however, the assistant superintendent will review the facts with the designee before a decision to recommend expulsion is reached. 1 of 2

16 JGD-R(3) - Cont'd. State law requires a formal hearing before the Governing Board can expel a student. The hearing must be held even if the student/parent does not attend. The hearing officer's duties are: to determine if the alleged violation(s) of established rules occurred, to make certain the student has been afforded due process, to prepare a record of the hearing, and to bring a recommendation to the Governing Board for action. The Governing Board is the ultimate authority in the district and is not bound to accept the hearing officer's recommendation. Adopted: August 11, 1992 Revised: June 19, 2013 Michael B. Cowan Superintendent 2 of 2