FAUQUIER COUNTY PUBLIC SCHOOLS Policy: Adopted: 04/10/2012 Revised: 08/26/13, 01/16/18 SUSPENSION/EXPULSION/ALTERNATIVE EDUCATION/EXCLUSION

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1 1. Generally 1.1. Students may be suspended or expelled from attendance at school for sufficient cause. Any student for whom the Superintendent has received a report pursuant to the Code of Virginia, section of an adjudication of delinquency or a conviction may be suspended or expelled from school attendance. The following factors may influence any discipline decision: The nature and seriousness of the violation; The degree of danger to the school community; The student's disciplinary history, including the seriousness and number of previous infractions, and whether previous infractions constitute a pattern; Efforts by Fauquier County Public Schools to improve the student s behavior in the educational environment; The appropriateness and availability of an alternative education placement or program; The student's age and grade level; The results of any mental health, substance abuse, or special education assessments; The student's attendance and academic records; And such other matters as the administrator deems appropriate. 2. The authority of teachers to remove students from their classes in certain instances of disruptive behavior, pursuant to Policy 7-3.1, shall not be interpreted to affect the operation of this policy. 3. Students who receive out-of-school suspension (OSS) will be expected to keep up with missed class work and will receive credit for graded work. The following conditions apply: 3.1. School administrators will develop a schedule for make-up work and examinations It is the responsibility of the student to obtain assignments from the guidance counselor or teacher Students must complete missed class work while they are out and submit the assignments upon their return to school For those assignments in subjects that must be completed in school, e.g. labs, physical education, trade and industrial courses, etc., students will schedule make-up work at the convenience of the teacher(s) Students will be permitted to take nine-week and semester exams for credit under the direction of the principal Students will be allowed to turn in long-term projects for credit as long as the project is returned to the teacher on the due date Schools will provide direction and assistance to students in completing make-up work, quizzes/tests, and projects affecting their grade. The principal shall make appropriate alternative instructional 1

2 arrangements for the duration of the student s removal from school. Teachers must continue to provide assignments and grades for the duration of the removal. 2. Short-Term Suspension 2.1. A student may be suspended for not more than ten (10) school days by either the school principal, any assistant principal or, in their absence, the principal s designee. The principal, assistant principal, or principal s designee may suspend the student after giving the student oral or written notice of the charges against him/her and, if he/she denies them, an explanation of the facts as known to school personnel, and an opportunity to present his/her version of what occurred. In the case of any student whose presence poses a continuing danger to persons or property, or whose presence is an ongoing threat of disruption, the student may be removed from school immediately and the notice, explanation of facts, and opportunity to present his/her version shall be given as soon as is practical thereafter Upon suspension of any student, the principal, assistant principal, or principal s designee responsible for such suspension shall report the facts of the case in writing to the Superintendent and the parent of the student being suspended. The Superintendent shall review the action taken by the principal, assistant principal, or principal s designee upon a petition for review (appeal) by any party in interest and confirm or disapprove such action based on an examination of the record of the student s behavior. The decision of the Superintendent is final Any oral or written notice to the parent of a student who is suspended from school attendance for not more than ten (10) school days shall include notification of the length of the suspension, information regarding the availability of community-based educational programs, the student s right to return to regular school attendance upon the expiration of the suspension, and the right to appeal the suspension. Students shall make up work as provided above. 3. Long-Term Suspension 3.1. A principal may recommend long-term suspension ( days) of a student from attendance at school for sufficient cause, by giving written notice to the student and his/her parent or guardian of the proposed action and the reasons therefore. The notice shall inform the parent or guardian that the Superintendent or his/her designee will review the recommendation and make a decision on the matter. The Superintendent will conduct a hearing on the matter if the parent appeals the recommendation of the principal The written notice from the Superintendent of a suspension for more than ten (10) school days shall include notification of the length of the suspension, whether the student will be required to attend an alternative education program; and shall provide information concerning the availability of community-based educational, alternative education, or intervention programs. Such notice shall also state that the student is eligible to return to regular school attendance upon the expiration of the suspension or to attend an appropriate alternative education program approved by the Superintendent during or upon the expiration of the suspension. The costs of any community-based educational, alternative education, or intervention program that is not a part of the educational program offered by the School Division that the student may attend during his/her suspension shall be borne by the parent of the student Nothing herein shall be construed to prohibit the Superintendent from permitting or requiring students suspended pursuant to this section to attend an alternative education program for the term of such suspension. 2

3 4. Expulsion 4.1. A principal may recommend expulsion of a student from attendance at school for sufficient cause by giving written notice to the student and his/her parent or guardian of the proposed action and the reasons therefore. The notice shall inform the parent or guardian that the Superintendent will conduct a hearing on the matter prior to forwarding the recommendation to the School Board, and that the School Board will conduct a hearing on the matter before making a decision on the expulsion Within ten (10) school days after the principal s notification to the student and parent or guardian of the proposed expulsion, the Superintendent shall conduct a hearing on the matter, in order to determine whether or not the recommendation should be forwarded to the School Board. No principal s recommendation that a student should be expelled shall be forwarded to the School Board unless the Superintendent concurs in that recommendation. At the discretion of the Superintendent, the hearing on the principal s recommendation may be held in conjunction with his/her hearing on any suspension relating to the same incident or occurrence(s) giving rise to the principal s recommendation that the student be expelled. If the Superintendent does not recommend expulsion, he/she may impose a lesser disciplinary action. If the Superintendent upholds the recommendation of expulsion, the student shall be suspended pending action by the School Board on the recommendation of expulsion If the student and parent(s) or guardian(s) disagree with the proposed expulsion, a written request for an appeal hearing before the School Board must be submitted to the superintendent within five (5) school days after receipt of written notice of the proposed expulsion. The School Board shall conduct a hearing on the proposed expulsion within thirty (30) calendar days thereafter. Regardless of whether a student exercises his or her right to a hearing before the School Board, the School Board shall confirm or disapprove every proposed expulsion. The School Board may permit or require students expelled from school to attend an alternative education program provided by the School Board for the term of the expulsion Procedure for School Board Hearing The School Board shall determine the propriety of attendance at the hearing of persons not having a direct interest in the hearing. The hearing shall be private unless otherwise specified by the School Board The School Board may ask for opening statements from the principal or his/her representative and the student or his/her parent(s) (or their representative) and, at the discretion of the School Board, may allow closing statements The parties shall then present their evidence. Because the principal has the ultimate burden of proof, he/she shall present his/her evidence first. Witnesses may be questioned by the School Board members and by the parties (or their representative). The School Board may, at its discretion, vary this procedure, but it shall afford full opportunity to both parties for presentation of any material or relevant evidence and shall afford the parties the right of cross-examination. However, the School Board may take the testimony of student witnesses outside the presence of the student, his/her parent(s) and their representative, if the School Board determines, in its discretion, that such action is necessary to protect student witnesses. 3

4 The parties shall produce such additional evidence as the School Board may deem necessary. The School Board shall be the judge of the relevancy and materiality of the evidence Exhibits offered by the parties may be received in evidence by the School Board and, when so received, shall be marked and made part of the record The School Board may, by majority vote, uphold, reject, or alter the recommendations The Superintendent within two (2) business days of the School Board hearing shall orally notify the student and the student s parents of the School Board decision. Written notice of the School Board s decision shall be provided within thirty (30) calendar days of the decision Should the School Board decide to expel the student, the written notice given to the pupil and his/her parent shall include notification of the length of the expulsion and shall provide information to the parent of the student concerning the availability of community-based educational, training, and intervention programs. The costs of any community-based educational, training or intervention program that is not a part of the educational program offered by the School Division that the student may attend during his/her expulsion shall be borne by the parent of the student The notice shall also state whether the student is eligible to return to regular school attendance, or to attend an appropriate alternative education program or adult education program offered by the School Division during or upon the expiration of the expulsion, and the terms or conditions of such readmission Nothing in this policy shall be construed to prohibit the School Board from permitting or requiring students expelled pursuant to this policy to attend an alternative education program for the term of such expulsion If the School Board determines that the student is ineligible to return to regular school attendance or to attend during the expulsion an alternative education program or an adult education program in the School Division, the written notice shall also advise the parent of such student that the student may petition the School Board for readmission to be effective one (1) calendar year from the date of his/her expulsion, and of the conditions, if any, under which readmission may be granted. A student who has been expelled may make an application for readmission no later than 45 days prior and no earlier than 60 days prior to the expiration of the expulsion. Should the application not be granted, the School Board will indicate when the student may reapply for readmission The School Board shall establish, by regulation, a schedule pursuant to which such students may apply and reapply for readmission to school. Such schedule shall be designed to ensure that any initial petition for readmission will be reviewed by the School Board or the Superintendent, and, if granted, would enable the student to resume school attendance one (1) calendar year from the date of expulsion. If the Superintendent denies such petition, the student may petition the School Board for review of such denial Conduct Giving Rise to Expulsion 4

5 Recommendations for expulsions for actions other than those specified in Policy 7-3.1, shall be based on consideration of the following factors: the nature and seriousness of the conduct; the degree of danger to the school community; the student s disciplinary history, including the seriousness and number of previous infractions; the appropriateness and availability of an alternative education placement or program; the student s age and grade level; the results of any mental health, substance abuse, or special education assessments; the student s attendance and academic records; and other appropriate matters. 5. No decision to expel a student shall be reversed on the grounds that such factors were not considered. Nothing in this subsection shall be deemed to preclude a School Board from considering any of the factors listed above as special circumstances for purposes of expulsions discussed in the following subsections. 6. Readmission of Suspended and/or Expelled Students 6.1. A student who has been expelled may make an application for readmission no later than 45 calendar days prior and no earlier than 60 calendar days prior to one calendar year from the date of his/her expulsion. Should the application not be granted, the School Board will indicate when the student may reapply for readmission. The School Board may permit or require students returning from expulsion to transition through an alternative education program before attending regular classes. Before requiring a student to attend such a program, the superintendent will provide written notice to the student and parent(s) or guardian that includes the following information: (i) that the student will be required to attend an alternative education program; and (ii) that the student or parent(s) or guardian may participate in a hearing to be conducted by the superintendent regarding such placement. The School Board shall confirm or disapprove every request or recommendation for readmission. 7. Exclusion of Certain Students 7.1. Any student who has been expelled or suspended for more than thirty (30) days from attendance at school by a School Board or a private school in this Commonwealth or in another state or for whom admission has been withdrawn by a private school in this Commonwealth or in another state may be excluded from attendance in the Fauquier County Schools, in accordance with policy In the case of a suspension of more than thirty (30) days, the term of the exclusion may not exceed the duration of such suspension In excluding any such suspended or expelled student from school attendance, the School Board may accept or waive any or all of any conditions for readmission imposed upon such student by the expelling School Board pursuant to the Code of Virginia, section The School Board shall not impose additional conditions for readmission to school. The School Board may permit excluded students to attend an alternative education program for the term of such exclusion Before a student may be excluded from attending Fauquier County Public Schools, the superintendent shall conduct a hearing on the matter. School administrators, the student and the student s parent(s)/guardian will attend the hearing; however, if the student and parents fail to attend the hearing, it shall be conducted in their absence. The superintendent shall issue written notice to the student and parent(s) or guardian that includes the following information: The student may be subject to exclusion and the reasons therefore; In the event of such exclusion, the student and his or her parent(s) or guardian have the right to appeal the decision at a hearing before the School Board; and 5

6 The superintendent has conducted a review of the case and will make a recommendation to the School Board, including whether the student may attend alternative school, regarding the proposed exclusion If the student and parent(s) or guardian disagrees with the recommended exclusion, a written request for an appeal hearing before the School Board must be submitted to the superintendent within five (5) business days after receipt of written notice of the recommended exclusion. The School Board shall conduct a hearing on the recommended exclusion within thirty (30) calendar days thereafter Regardless of whether a student exercises his or her right to a hearing before the School Board, the School Board shall confirm or disapprove every recommended exclusion. As noted above, the School Board may permit or require students excluded from attendance at school to attend an alternative education program provided by the School Board for the term of the exclusion The costs of any community-based educational, alternative education, or intervention program that is not a part of the educational program offered by the Fauquier County Public Schools that the student may attend during his exclusion shall be borne by the parent(s) or guardian of the student The School Board shall orally notify the student and his or her parent(s) or guardian of its decision within two (2) business days following the hearing. Written notice of the School Board decision shall be provided within thirty (30) calendar days of the decision. The written notice shall contain the following information: The length of the exclusion; 8. Disciplining Students with Disabilities Whether or not the student is eligible to return to regular school attendance or to attend an appropriate alternative education program approved by the School Board, or an adult education program offered by Fauquier County Public Schools, during or upon the expiration of the exclusion, and the terms or conditions of such readmission; The student s right to petition the School Board for readmission; if admission is denied, within (1) calendar year from the date of exclusion, and the conditions, if any, under which readmission may be granted, if the School Board determines that the student is ineligible to return to regular school attendance or to attend an alternative education program or adult education program during the exclusion; Information concerning the availability of community-based educational programs, training programs, and intervention programs; and, The right to appeal the decision of the School Board to the Fauquier County Circuit Court Students with disabilities, who violate the student code of conduct, or engage in conduct for which they may be disciplined, will be disciplined in accordance with this policy. Additionally, the regular disciplinary procedures must be followed. School personnel may consider any unique circumstances on a case-by-case basis when determining whether to order a change in placement for a child with a disability as a result of discipline Short-Term Suspension 6

7 7.2.1 A short-term suspension is a suspension of ten (10) consecutive days or less at a time School authorities may remove a student with a disability from his or her current educational setting for up to ten (10) school days cumulative in a school year to the extent that such removal would be applied to students without disabilities Additional Short-Term Suspension School personnel in consultation with at least one (1) of the child s teachers must determine if a pattern exists. A pattern is determined by considering the following for the applicable school year: Length of each suspension; Number of days of suspension; Total number of days removed; and Pattern of behaviors If no pattern exists, then impose the short-term suspension. No Manifestation Determination Review (MDR) is required If a pattern exists, the removal is a change in placement and must be treated the same as a long-term suspension or expulsion Long-Term Suspensions, Expulsions, or Short-Term Suspensions which Constitute a Pattern For the purpose of removing students with disabilities from their current educational placements, a change in placement occurs when: The removal is for more than ten (10) consecutive school days at a time; or There is a series of removals each of which is for ten (10) days or less and they cumulate to more than ten (10) days in a school year and constitute a pattern because of: Length of each suspension; Number of days of suspension; Total number of days removed; and Pattern of the behaviors A change in placement requires that: An MDR is conducted; and Educational services and setting are determined through the Individualized Education Program (IEP) process. The setting that is determined by the IEP Team means the environment in which the child will receive services, such as alternative school, alternative classroom, or home setting. 7

8 If the disciplinary action will result in a change of placement for a student with a disability, then that student s parents/guardians must be sent notice the same day of the recommendation for discipline and be provided with a copy of the procedural safeguards. The procedures outlined in Section IV must also be followed Functional Behavior Assessments and Behavioral Intervention Plans If the school administration, the parent, and the relevant IEP Team members determine that a manifestation exists, the IEP Team must: Conduct a Functional Behavior Assessment (FBA) and implement a Behavioral Intervention Plan (BIP), if no FBA was conducted previously; or If the student already has an FBA and BIP in place, review and modify the BIP as necessary to address the behavior Educational Services While Disciplined Educational services for short-term suspension are determined by the school personnel in consultation with at least one of the child s teachers, and without parental involvement. The determination of which teacher school personnel should consult should be based upon the facts and circumstances of each case, the needs of the child and the expertise of the child s teachers The determination of educational services is made by the IEP Team for discipline which constitutes a change in placement. For discipline which is not a change in placement, the determination is made by school personnel in consultation with the student s special education teacher For the first ten (10) days of removal in a school year, the School Board is not required to provide educational services to the student with a disability if services are not provided to students without disabilities who have been similarly removed After the first ten (10) days of removal in a school year, the School Board shall provide educational services to the student during the period of removal. The services must enable the student to: continue to progress in the general curriculum, although in another setting, and progress toward meeting the goals set out in the student s IEP Manifestation Determination When a disciplinary action is proposed that will result in a change of placement because it exceeds ten (10) consecutive school days or constitutes a pattern of short-term removals, an MDR shall be conducted within ten (10) school days of the date on which the decision to change placement is made. This review shall be conducted by the Manifestation Team which consists of a local educational agency representative and the parent and relevant members of the IEP Team (as determined by the parent and the School Division) The Manifestation Team must consider all relevant information in the student s file, including the student s IEP, teacher observations, and relevant information supplied by parents The Manifestation Team may determine that the behavior of the student was not a manifestation of such child s disability only if the Team: 8

9 Determines that the conduct in question was not caused by, or had a direct and substantial relationship to, the student s disability, or The conduct in question was not the direct result of the School Division s failure to implement the IEP If a manifestation is found, the student cannot be disciplined beyond any permissible short-term removal that may be available. A parent may request an expedited due process hearing if the parent disagrees with the determination that the behavior was not a manifestation of the student s disability or if the parent disagrees with any decision regarding the placement of the student while disciplined. The student will remain in the interim alternative education setting pending the decision of the hearing officer or the expiration of a forty-five (45) school day removal If the behavior is not a manifestation of the student s disability, the disciplinary procedures will be applied in the same manner as applied to non-disabled students. Following a removal which constitutes a change in placement, the student must continue to receive the educational services necessary to enable the student to continue to participate in the general curriculum, although in another setting, and to progress toward meeting the goals set out in the student s IEP. In addition, the special education and disciplinary records of the student must be made available to the person who makes the final decision regarding the discipline. The Manifestation Team must determine whether an FBA and a BIP are needed when no manifestation is found Interim Alternative Educational Settings for Weapons and Drugs and Infliction of Serious Bodily Injury Students with disabilities may be disciplined as a student without disabilities and may be placed in an interim alternative educational setting for up to forty-five (45) school days who: Carry or possess a weapon to or at school, on school premises, or to or at a school function under the jurisdiction of a state or local educational agency; Knowingly possess or use illegal drugs or sell or solicit the sale of a controlled substance while at school, on school premises, or at a school function under the jurisdiction of a state or local educational agency; or Inflict serious bodily injury upon another person while at school, on school premises, or at a school function under the jurisdiction of a state or local educational agency. This option is available without regard to whether a manifestation exists. If no manifestation is found, the student may be disciplined to the extent a student without disabilities would be disciplined. The term serious bodily injury has the same meaning given under paragraph (3) of subsection (h) of section 1365 of Title 18 of the United States Code Any interim alternative educational setting shall be selected by the IEP Team so as to enable the student to continue to progress in the general curriculum, although in another setting, and to progress toward meeting the goals set out in the student s IEP. The student must also receive, as appropriate, an FBA, behavioral intervention services, and modifications designed to address the behavior so it does not recur Change of Placement by a Hearing Officer In addition to the other options for removal, a hearing officer may order a change in the placement for a student with a disability to an appropriate interim alternative educational setting for not more that 9

10 forty-five (45) school days if the hearing officer determines that maintaining the current placement of such student is substantially likely to result in injury to the student or others. Additional forty-five (45) school day removals may be authorized by the hearing officer as necessary Placement During Appeals Students with disabilities are entitled to the due process rights available to a non-disabled student. In addition, students with disabilities are entitled to the due process procedures available under the Individuals with Disabilities Education Act (IDEA), as amended, and any state procedures. During the course of any appeals, the student s placement shall be in accordance with the provisions of federal law unless the parent and the School Division agree otherwise Students Not Identified as Disabled Students for whom the parents assert there is a disability but who have not yet been identified as disabled may be protected under IDEA or Section 504 as students identified with disabilities if the School Division is deemed to have knowledge of the disability before the behavior that precipitated the disciplinary action occurred. The School Division will be found to have knowledge of the student s disability if before the behavior that precipitated the disciplinary action occurred: The parent expressed concern in writing to supervisory or administrative personnel of the School Division, or to a teacher of the student, that the student is in need of special education and related services; or The parent requested an evaluation of the student for special education eligibility through formal evaluation procedures; or The student s teacher or other school personnel had expressed specific concerns about a pattern of behavior demonstrated by the child directly to the Director of Special Education of the School Division or to other supervisory personnel of the School Division Exceptions: The parents refused to allow an evaluation of the student or refused special education services (prior written notice would then be provided); or The student was evaluated and found not eligible for special education services (prior written notice would then be provided) If a request for an evaluation is made during the period such student is subject to disciplinary measures, the evaluation shall be conducted in an expedited manner. If the student is found eligible as a child with a disability, taking into consideration information from the evaluation conducted by the School Division and information provided by the parents, then the student must be provided special education and related services, although in another setting, in compliance with the procedures for suspended and expelled students with disabilities. Pending the results of the evaluation, the student shall remain in the educational placement determined by the school authorities Disciplining Certain Section 504 Students Who Violate Alcohol and Drug Policies Students who are identified as disabled solely under Section 504 of the Rehabilitation Act, and who are currently engaging in the illegal use of drugs or alcohol, may be disciplined for violating the School 10

11 Division s alcohol and drug policies to the same extent as non-disabled students. The student is not entitled to a due process hearing under special education procedures in this circumstance but does retain the protections afforded to regular education students. LEGAL REFERENCE: Code of Virginia 1950, as amended, , , , , , , , , , , :1, , , :1, :1; 18 U.S.C (h)(3), 20 U.S.C (k); 34 CFR ; 8 VAC Regulations and Forms Follow 11

12 ACCOMPANYING REGULATIONS/FORMS REGULATION 7-3.2(A) SUSPENSION/EXPULSION FORM 7-3.2(A) F1 REPORT OF FACTS FORM 7-3.2(A) F2 RECORD OF ORAL NOTICE OF SUSPENSION FORM 7-3.2(A) F3, OPTION A WRITTEN NOTICE OF SHORT-TERM SUSPENSION (NO DANGER OR THREAT) FORM 7-3.2(A) F3, OPTION B WRITTEN NOTICE OF SUSPENSION (STUDENT POSES DANGER OR THREAT) FORM 7-3.2(A) F3, OPTION C WRITTEN NOTICE OF SHORT-TERM SUSPENSION & RECOMMENDATION FOR LONG-TERM SUSPENSION (NO DANGER OR THREAT) FORM 7-3.2(A) F3, OPTION D NOTICE OF SHORT-TERM SUSPENSION & RECOMMENDATION FOR LONG- TERM SUSPENSION (STUDENT POSES DANGER OR THREAT) FORM 7-3.2(A) F4 PETITION FOR REVIEW OR HEARING FORM 7-3.2(A) F5 RECORD OF ORAL NOTIFICATION OF SUPERINTENDENT S DETERMINATION ON SUSPENSION FORM 7-3.2(A) F6 NOTICE OF SUPERINTENDENT S DETERMINATION ON SUSPENSION (APPEAL) SAMPLE LETTER FORM 7-3.2(A) F7 WRITTEN NOTICE OF SUSPENSION AND RECOMMENDATION FOR EXPULSION FORM 7-3.2(A) F8 NOTICE OF SUPERINTENDENT S HEARING ON EXPULSION SAMPLE LETTER FORM 7-3.2(A) F9a SUPERINTENDENT S DECISION NOT TO RECOMMEND EXPUSLION SAMPLE LETTER FORM 7-3.2(A) F9b NOTICE OF SUPERINTENDENT S RECOMMENDATION OF EXPULSION SAMPLE LETTER FORM 7-3.2(A) F10 NOTICE OF SCHOOL BOARD HEARING ON EXPULSION SAMPLE LETTER FORM 7-3.2(A) F11 REPORT OF DECISION ON EXPULSION 12

13 REGULATION (A) SUSPENSION/EXPULSION 1. In-School Suspension 1.1. In-school suspension (ISS) may be given for up to ten (10) consecutive school days at the discretion of the principal or his/her designee. In the case of in-school suspension, the student should be given the opportunity to respond in a fair and meaningful manner. Because the student remains in attendance, this policy provides no appeal process beyond the decision of the principal. In-school suspension given by the principal s designee may be appealed to the principal whose decision is final. 2. Pre-Suspension Procedure 2.1. Prior to an out-of-school (OSS) suspension of ten (10) school days or less, the student must be given oral or written notice of the charges against him/her. Prior to an out-of-school (OSS) suspension of more than ten (10) school days, the student and his/her parent must be given written notice of the charges against him/her. Should the student deny the charges, an explanation of the facts as known to school personnel and an opportunity to present his/her version of what occurred must be provided. Following this, the principal or his/her designee will make a decision concerning the suspension. In the case of any student whose presence poses a continuing danger to persons or property or an ongoing threat of disruption, the student may be removed from the school immediately, and the notice, explanation of facts, and opportunity to present his/her version occurs as soon as practicable thereafter. 3. Report of Facts (See Report of Facts) 3.1. A written Report of Facts will be prepared by the principal or his/her designee in conjunction with any suspension. 4. Oral Notice To Parent or Guardian (See Record of Oral Notice of Suspension) 4.1. Upon suspension of any student, the principal or his/her designee shall notify the student s parent or guardian prior to removing the student from the school. If deemed appropriate by the principal or his/her designee, the student may be held in the office or placed in ISS pending such notification, which will usually be given verbally. Use Record of Oral Notice of Suspension to record the notification. When contact is made, the parent or guardian will be advised to make immediate arrangements for release of the student to the parent or guardian or other designated person, The principal or his/her designee is not required to restrain the student. If the student leaves of his/her own volition, the principal will make reasonable attempts to inform the parent or guardian and law enforcement authorities. 5. Letter Notice To Parent or Guardian (See Sample Letter, Written Notice of Suspension, Options A, B, C, D) 5.1. Upon suspension of any student, the principal or his/her designee shall report the suspension in writing to the Superintendent and to the parent or guardian of the suspended student. The written notice shall be in the form of a letter to the parent or guardian and the student, with a copy to the Superintendent, and shall include the enclosures listed below. A copy of the notice letter will also be sent to the Director of Student Services regarding drug/alcohol offenses and students who have a 504 plan and, to the Director of Special Education regarding students with special education needs (IDEA) Enclosures for Notice Letter to Parent or Guardian - A copy of the Report of Facts, a Petition for Review or Hearing, and the School Board s policy on Suspension/Expulsion will be provided with the letter that notifies the parent or guardian about the suspension. Principals may substitute an extract of 1

14 policy 7-3.2, but must make the complete policy available upon request. It is also recommended that a copy of any relevant portion of the school handbook be included Delivery of the Notice Letter - The notice letter, along with the enclosures identified above, will be mailed to the parent or guardian and the student as soon as practicable, normally within two (2) school days after the suspension has been imposed. A copy of the notice letter, together with copies of the Report of Facts, the School Board policy or extract of the policy, and the Petition for Review or Hearing form with information outlining the appeal process will be made available to be picked up at the school or to be carried to the parent or guardian by the student upon request of the parent or guardian. In cases in which the principal knows that the letter has been received by the parent or guardian, there is no requirement that a separate copy of the letter be mailed to the student and the parent or guardian. 6. Appealing an Out-of-School Suspension or Long-Term Suspension 6.1. Suspensions of Ten (10) Days or Less In the case of a suspension of ten (10) school days or less, the student and his/her parent(s), guardian, or person having control or charge of the student may appeal the decision to the Superintendent. The Superintendent will give the principal an opportunity to address the appeal. If the appeal is not resolved by the principal, the Superintendent will review the action taken by the principal and uphold, modify or deny such action based on an examination of the record of the student s behavior. The decision of the Superintendent is final Suspensions of Ten Days or Less Appeal Procedure Request for Superintendent s Review (See Petition for Review or Hearing). Any parent or guardian may request that the suspension imposed by the principal be reviewed by the Superintendent. In order to obtain a review, the parent or guardian must complete a Petition for Review or Hearing form in writing, and deliver it to the Superintendent s office within three (3) school days following written notice of suspension Student Placement During the Appeal Process A parent or guardian who wants to defer the commencement of the OSS while the Superintendent is conducting the review may notify the Superintendent orally or in writing that the parent or guardian intends to submit a Petition for Review or Hearing, and may request that the student s OSS be deferred. Placement of the student during the appeal process, either in class or in-school suspension, will be determined by the principal, based on the nature of the discipline issue. The principal s decision will be final regarding such request. In situations in which the student has been determined to pose a continuing danger to persons or property or an ongoing threat of disruption, the student will remain out of school during the appeal Termination of Review - If the Out of School Suspension has been deferred based upon that parent or guardian s request, the failure of the parent or guardian to submit the Petition for Review or Hearing within three (3) school days from the date of written notification shall constitute a waiver of the opportunity for review and appeal and shall result in the immediate commencement of the OSS Superintendent s Determination Upon Review (See Record of Oral Notification of Superintendent s Determination On Suspension) Within ten (10) calendar days after the receipt of the Petition for Review or Hearing, the Superintendent shall conclude his/her review with a determination either upholding modifying, or overruling the suspension. Such 2

15 determination shall be communicated orally as soon as practicable to the principal and to the parent or guardian Written Notice of Superintendent s Determination Upon Review (See Sample Letter, Notice of Superintendent s Determination on Suspension) The Superintendent s determination upon his/her review shall be confirmed in writing, using the sample letter, Notice of Superintendent s Determination on Suspension. In the event that the determination upholds the suspension in whole or in part, the written confirmation shall state the reasons for the Superintendent s determination. The Notice of Superintendent s Determination shall be mailed to the parent or guardian, with a copy to the principal. Both the oral notification and the written confirmation shall apprise the parent or guardian that the Superintendent s determination is final Commencement of Suspension To the extent that the Superintendent has upheld the suspension, the OSS shall commence on the first school day after the parent or guardian is given oral notice of the Superintendent s determination. Time served in ISS may offset any of the OSS Serving the Suspension In the event that the suspension is modified or overruled, and any part of the OSS which has been served exceeds the suspension which has been determined to be appropriate by the Superintendent, disciplinary and attendance records will be adjusted accordingly. The Superintendent will determine whether time served in ISS will offset the OSS Suspensions More Than Ten (10) Days A suspension of more than ten (10) school days which has been upheld by the Superintendent, the student and his/her parent(s), guardian, or person having control or charge of the student may appeal the decision to the School Board. If appealed to the School Board, the appeal shall be decided by the School Board within thirty (30) calendar days Long Term Suspension Process and Appeal Procedure Recommendation For Long Term Suspension (See Sample Letter, Principal s Recommendation of Expulsion/Long-Term Suspension) A principal may recommend long-term suspension of a student from attendance at school for sufficient cause by giving written notice to the student and his/her parent or guardian of the proposed action and the reasons therefore. The notice shall inform the parent or guardian that the Superintendent will review the matter and will determine whether the long-term suspension should be upheld, modified or denied. A copy of the letter shall be forwarded to the Superintendent, with an additional copy to the Assistant Superintendent of Student Services and Special Education and, when applicable, to the Director of Special Education Superintendent s Hearing Following receipt of written notice of the proposed suspension from the principal by the student and his/her parent(s) or guardian, a hearing before the superintendent may be requested. This request must be made within five (5) school days of the date of receipt of notice. Within ten (10) school days after the principal s notification to the student and parent or guardian of the proposed long-term suspension, the Superintendent shall conduct a hearing on the matter to either uphold, not uphold, or amend the recommendation of the principal. If no request for a hearing is received by the student s parent/guardian within five (5) school days, the Superintendent will make a determination on the recommendation for long-term suspension. Notice of Superintendent s Hearing (See Sample Letter, Notice of Superintendent s Hearing on Expulsion/Long-Term 3

16 6.3. Expulsion Procedure Suspension). The Superintendent shall arrange a time and place for the hearing and notify the parent or guardian and the principal verbally and in writing, using a letter similar to the sample letter, Notice of Superintendent s Hearing on Expulsion/Long-Term Suspension. The superintendent shall notify the parent(s) or guardian and the student of the following: (i) the time and place of the hearing; (ii) the student s right to be represented by his/her legal counsel at the hearing, the cost of which shall be borne by the parent(s) or guardian; (iii) the student s right to produce witnesses and present evidence at the hearing; and (iv) that the student and parent must appear at the hearing or the appeal will be deemed to have been waived Conduct of Superintendent s Hearing - The purpose of this hearing is information gathering to assist the Superintendent in ruling upon the recommendation for long-term suspension. All parties should come to the hearing prepared to answer questions posed by the Superintendent and explain to the Superintendent the decision they would like to see the Superintendent make in the matter. The Superintendent may continue the hearing when he/she deems such continuance desirable for the full development of the facts. The hearing shall be recorded. The recording of the hearing shall be made a part of the record of the hearing, together with all notices, and any and all exhibits and other documentary evidence considered in the hearing. Within two (2) school days following the hearing before the superintendent, the parent or guardian and student will be verbally notified of the decision of the superintendent, the parent or guardian and student will be notified of the decision of the superintendent to support the recommendation of the principal, or to increase or decrease the length of the suspension. Written notification of the superintendent s decision will be mailed within ten (10) days of verbal notification Appeal of Superintendent s Decision If the student or parent(s) or guardian is dissatisfied with the decision of the superintendent, they may request a review of the record by the School Board by submitting a written petition to the superintendent within five (5) school days after receipt of the written decision of the superintendent. The student will remain under suspension while the appeal is pending unless the recommended time period for the suspension reflected in the decision of the superintendent expires. The School Board will have thirty (30) days from the date the written appeal is received in which to render its decision regarding the appeal of the superintendent s decision Recommendation For Expulsion by Principal (See Sample Letter, Principal s Recommendation of Expulsion) A principal may recommend expulsion of a student from attendance at school for sufficient cause by giving written notice to the student and his/her parent or guardian of the proposed action and the reasons therefore. The notice shall inform the parent or guardian that the Superintendent will conduct a hearing on the matter prior to forwarding the recommendation to the School Board, and that the School Board will conduct a hearing on the matter before making a decision on the expulsion. A copy of the letter shall be forwarded to the Superintendent, with an additional copy to the Director of Student Services and, when applicable, to the Director of Special Education Relationship to Suspension The proposed expulsion may be recommended in conjunction with, or independent of, any suspension. In the event that the recommendation for expulsion is made in conjunction with a suspension of the student, the procedures for a suspension shall also be followed. In the event that the recommendation for expulsion is not made in conjunction with a suspension of the student, a letter similar to one described above should be used. 4

17 Superintendent s Hearing Within ten (10) school days after the principal s notification to the student and parent or guardian of the proposed expulsion, the Superintendent shall conduct a hearing on the matter, in order to determine whether or not the recommendation should be forwarded to the School Board. No principal s recommendation that a student should be expelled shall be forwarded to the School Board unless the Superintendent concurs in that recommendation. At the discretion of the Superintendent, the hearing on the principal s recommendation may be held in conjunction with his/her hearing on any suspension relating to the same incident or occurrence(s) giving rise to the principal s recommendation that the student be expelled Notice of Superintendent s Hearing (See Sample Letter, Notice of Superintendent s Hearing on Expulsion) The Superintendent shall arrange a time and place for the hearing and notify the parent or guardian and the principal verbally and in writing, using a letter similar to the sample letter, Notice of Superintendent s Hearing on Expulsion Conduct of Superintendent s Hearing The purpose of this hearing is information gathering to assist the Superintendent in ruling upon the recommendation for expulsion. All parties should come to the hearing prepared to answer questions posed by the Superintendent and explain to the Superintendent the decision they would like to see the Superintendent make in the matter. The Superintendent may continue the hearing when he/she deems such continuance desirable for the full development of the facts. The hearing shall be recorded. The recording of the hearing shall be made a part of the record of the hearing, together with all notices, and any and all exhibits and other documentary evidence considered in the hearing Superintendent s Recommendation (See Sample Letters Superintendent s Decision Not to Recommend Expulsion and Notice of Superintendent s Recommendation of Expulsion) Within ten (10) calendar days after the Superintendent s hearing, the Superintendent shall render a determination in writing as to whether or not the expulsion recommended by the principal should be forwarded to the School Board Long-Term Suspension Should the Superintendent recommend long-term suspension in lieu of expulsion, the following procedures will apply: Within ten (10) calendar days after the hearing, the Superintendent shall conclude his/her review with a determination modifying the recommendation of expulsion. This time limit may be extended by mutual agreement of the Superintendent and the parent or guardian. Such determination shall be communicated orally as soon as practicable to the principal and to the parent or guardian The Superintendent s determination upon his/her hearing shall be confirmed in writing, using the sample letter, Notice of Superintendent s Decision Not to Recommend Expulsion. The Notice of Superintendent s Decision shall be mailed to the parent or guardian, with a copy to the principal. Both the oral notification and the written confirmation shall apprise the parent or guardian that the Superintendent s determination may be appealed to the School Board The parent or guardian may appeal the Superintendent s determination to the School Board. The parent or guardian must notify the Superintendent in writing of their request for an appeal within five (5) school days after the date of the determination. A failure to make a written request for an appeal 5