Regulation STUDENTS April 30, 2014 STUDENTS. Short- and Long-Term Student Suspensions

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1 Short- and Long-Term Student Suspensions The rules governing both short- and long-term out-of-school suspensions are set forth in this regulation and are summarized in the Prince William County Public Schools (PWCS) Code of Behavior. Conduct viewed as just cause for suspension shall include that which is identified in the Code of Behavior, but is not limited to such conduct. In addition, a student may be suspended upon adjudication of delinquency or conviction of certain crimes as specified in the Virginia Code. A student may be suspended for conduct occurring on school property, on school buses, or during a school activity taking place on or off school property which creates a threat to the safety or security of students, staff, or school property which results in a material disruption to the operation of the school. Students may also be suspended for conduct occurring off school property which is planned in school or at a school activity, which occurs when the student is under the school s authority in loco parentis which disrupts the education of other students, or which is otherwise connected to the school. Students may also be suspended for adjudication of certain felonies as outlined in Regulation 681-1, Non-Traditional Education Programs. The length of suspension shall be related to the specific breach of conduct. Short-term suspensions for minor breaches of conduct shall be from one to 10 school days. Long-term suspensions for more serious breaches of conduct shall be greater than 10 school days, but less than 365 calendar days. Principals, assistant principals, and any teacher acting in the absence of the principal or assistant principal and with necessary authority, may initially suspend a student. As used throughout this regulation, the principal is defined as principal, assistant principal, or any teacher serving as the principal s designee with the principal s authority. Students who are suspended from school are prohibited from school property and school-related activities for the duration of their suspension and may be arrested for trespassing, unless the student is a special education student involved in on-site computer-based instruction or a general education student who has been granted permission to participate in computer-based instruction (see Regulation 681-1, Non-Traditional Education Programs ). Students who are suspended from school shall also be suspended from participation in all school activities (teams, clubs, and all other school-sponsored activities), including practices. For purposes of this regulation, the term school day means any day that school is in session for instructional purposes, and the term business day means any day that the Office of Student Management and Alternative Programs (OSMAP) is open. Where this regulation calls for a request to be made in writing or a paper to be filed with any agent, employee, or department of

2 Page 2 the School Division by a specific day, such writing or paper must be transmitted to such agent, employee, or department prior to 4:30 p.m. on said school or business day. I. Short-Term Suspension (10 school days or less) A. A principal may initially suspend a student for five school days or less. In order to lengthen the short-term suspension beyond five days up to 10 days, the principal must have prior approval of the Level Associate Superintendent. B. In the event that the principal, or the principal s designee, intends to suspend a student for five school days or less, the student shall be given oral or written notice of the charges against the student and if the student denies them, an explanation of the facts known to school personnel, and an opportunity to present the student s version of the events. In order to lengthen the short-term suspension beyond five days up to 10 days, the principal must have prior approval of the Level Associate Superintendent. Written notification of the extension of the suspension must be provided to the parent(s)/legal guardian(s). The principal/ designee shall make all reasonable efforts to contact the parent(s)/legal guardian(s) to advise them of the impending suspension and to make appropriate arrangements for the student to be returned to the student s home. C. Written notice of the charges against the student, outlining the cause(s) for suspension, length of suspension, the procedure for appeal, and information regarding the availability of community-based programs, non-traditional education programs, and other educational options or intervention programs shall be sent to the student and parent(s)/legal guardian(s). The notice shall also provide information regarding the student s right to return to regular school attendance upon the expiration of the suspension, or to attend an appropriate nontraditional education program approved by the School Board during or upon expiration of the suspension. The costs of any community-based educational training, non-traditional education, or intervention programs that are not part of the educational program offered by the School Division that the student may attend during the student s suspension shall be borne by the parent(s)/legal guardian(s) of the student. This notice shall be sent to the home of the student no later than the day following the suspension of the student, unless impracticable. D. In the case of any student whose presence poses a continuing danger to persons or property, or who presents an ongoing threat of disruption, the student may be removed from school immediately and the notice, explanation of facts, and an opportunity to present the student s version shall be given as soon as practicable thereafter.

3 Page 3 E. Appeal of Short-Term Suspension. Any appeal of a short-term suspension must initially be submitted in writing to the principal, within three school days of written notification to the student and parent(s)/legal guardian(s) of the decision to suspend. The principal shall review the suspension determination and confirm or disapprove the proposed suspension as soon as reasonably possible. The parent(s)/legal guardian(s) shall be notified in writing of the status of the principal s decision within five school days of having received the written appeal. If the principal s decision is appealed, a written request appealing the decision must be received by the appropriate Level Associate Superintendent or other designee of the Superintendent within three business days of the parent(s)/legal guardian(s) having been notified of the principal s decision. The appeal must include the student s account of the incident and the reasons for believing the suspension is unjustified. A final decision regarding the appeal shall be made by the Level Associate Superintendent or other designee of the Superintendent within 10 business days of the initial day of suspension. Written notification of the decision of the Level Associate Superintendent or designee of the Superintendent shall be sent to the emancipated student or parent(s)/legal guardian(s) of a minor. The decision of the Level Associate Superintendent or designee of the Superintendent is final. F. In the event that a recommendation for long-term suspension or expulsion is made during the imposed suspension, the procedures governing long-term suspension shall be applicable as set forth in this regulation and the procedures governing expulsion shall be applicable as set forth in Regulation 745-1, Student Expulsions, Readmissions, and Exclusions. II. Long-Term Suspension (more than 10 school days but less than 365 calendar days) A. In the event of a serious breach of conduct which may merit a suspension greater than 10 school days, the principal shall suspend the student for five days and provide the student and the student s parent(s)/legal guardian(s) with written notice of the proposed action and the reasons therefore. B. Prior to recommending a special education student for long-term suspension, a Manifestation Determination Review (MDR) must be completed at the school level to determine if the conduct for which the student is to be disciplined is a manifestation of the student s disability. If the MDR reveals that the incident is a manifestation of the student s disability, the student shall not be referred to OSMAP for further disciplinary action.

4 Page 4 1. If a parent/legal guardian requests that a general education student be evaluated for initial special education services after the student has committed a disciplinary infraction, the OSMAP disciplinary process continues until final outcome from OSMAP or the School Board; however, an expedited evaluation must be conducted by school staff. a. If the student is found ineligible for special education services, school staff is to provide prior written notice, the OSMAP disciplinary process continues, and the OSMAP/School Board decision is enforced. b. If the student is found eligible for special education services, school staff is to provide prior written notice, no MDR is conducted, and the OSMAP disciplinary process continues with the student being provided with educational services in a non-traditional education setting under IDEA during the disciplinary period. 2. If a parent/legal guardian requests that a general education student be evaluated for initial special education services or there is reason to suspect a disability prior to the disciplinary infraction, the OSMAP disciplinary process continues until final outcome from OSMAP or the School Board with the exception being if the student is found eligible and the incident was a manifestation of the student s disability. a. If the student is found ineligible for special education services, school staff is to provide prior written notice, the OSMAP disciplinary process continues, and the OSMAP/School Board decision is enforced. b. If the student is found eligible for special education services, an MDR is conducted. If the MDR indicates that the disciplinary incident was not a manifestation of the student s disability, the OSMAP disciplinary process continues and the OSMAP/School Board decision is enforced. If the MDR indicates that the incident was a manifestation of the student s disability, the disciplinary process stops and the student is provided with appropriate services under IDEA. If the long-term suspension or expulsion has been imposed, the long-term suspension or expulsion is withdrawn and removed from the student s record. C. The principal shall hold an informal conference with only the student, the parent(s)/legal guardian(s), and school staff within five school days of the offense for the purpose of determining whether a more severe disciplinary action is necessary. The student and parent(s)/legal guardian(s) shall be provided with an

5 Page 5 explanation of the facts known to school personnel and an opportunity to present the student s version of what occurred. Following the informal conference, the principal shall review the facts of the case with the Level Associate Superintendent for the purpose of determining appropriate disciplinary action. D. In the event that the principal, in conjunction with the Level Associate Superintendent, decides to recommend the suspension of a student for greater than 10 school days, but less than 365 calendar days, the student and the student s parent(s)/legal guardian(s) shall be given written notice of the proposed disciplinary action and the reasons therefore. General education students shall receive educational services via Long-Distance Learning (SchoolFusion, online learning, etc.) until the long-term suspension is imposed and/or pending final outcome of disciplinary action by the Prince William County School Board, should the long-term suspension decision be appealed. Special education students shall receive educational services (on-site computer-based instruction, etc.) as determined by an IEP Team after the student has been out of school 10 days. E. The written notice, referenced in Section I.C. of this regulation, shall be sent to the parent(s)/legal guardian(s) and student within 10 calendar days of the first day of suspension. The written notice shall include the charges against the student, the length of suspension, notice of the right to a hearing before a hearing officer in the OSMAP Office, and of a written appeal of the recommendation of the OSMAP hearing officer to the School Board. F. The student shall be provided with a due process hearing by an OSMAP hearing officer, acting as the designee of the Superintendent. Prior to the hearing, the OSMAP Office shall advise the student and parent(s)/legal guardian(s) by certified and regular mail of the date, time, and location of the hearing; that the student shall be given the opportunity to present evidence to refute the charges; and that the student has the right to have a parent/legal guardian, attorney, or advocate present at the OSMAP due process hearing. A copy of the materials supporting the long-term suspension recommendation may be obtained by the parent(s)/legal guardian(s) from the student s school three school days prior to the hearing. G. In the event the student, parent(s), or legal guardian(s) waive their right to appear or fail to appear at the OSMAP hearing, the hearing shall be held in their absence and the decision shall be based on any documentation and evidence provided by the school administrator/designee. OSMAP shall consider rescheduling a hearing only for the death of a family member, hospitalization of the student, or other

6 Page 6 extenuating circumstances as approved by the Director of Non-Traditional Education Opportunities. H. The hearing shall be limited to 45 minutes. The school staff shall present evidence in support of the suspension recommendation. The student or his/her parent(s)/ legal guardian(s), or advocate, shall have an opportunity to ask questions of the school staff or other witnesses, and an opportunity to present evidence on the student s behalf. The hearing officer may then ask questions of any witness, including school staff, the student, and the student s parent(s)/legal guardian(s). The student may be represented by his/her parent(s)/legal guardian(s) or by only one advocate during the hearing and may not present duplicative argument or evidence. The number of witnesses may be limited by the OSMAP hearing officer in recognition of time limitations and to avoid duplicative testimony. Students are encouraged to present character evidence in writing. Witnesses, other than school representatives, the student, his/her parent(s)/legal guardian(s), and advocate, shall not be permitted in the hearing room other than to testify. All parties, including attorneys and advocates, shall remain civil and shall refrain from personal attacks or other inappropriate conduct. The hearing officer has the authority to remove persons from the hearing who engage in inappropriate conduct or disrupt the hearing. The law does not compel the School Division to allow attorneys or advocates to participate in the hearing, except in limited circumstances. I. The hearing shall be recorded only by the OSMAP hearing officer. A copy of the recording from the OSMAP hearing shall be made available to the student or parent(s)/legal guardian(s) for a reasonable cost upon written request. No other audio or video recordings of the proceedings shall be permitted. J. The OSMAP hearing officer shall make a recommendation to uphold, deny, or amend the suspension recommendation, or to recommend expulsion. A decision letter setting forth the recommendation of the OSMAP hearing officer and the reasons for that recommendation shall be issued without unreasonable delay. OSMAP shall promptly provide its decision letter to the student and/or parent(s)/ legal guardian(s) by certified and regular mail, directed to the address listed on the student s Emergency Information Card. However, it shall be the duty of the student and parent(s)/legal guardian(s) to provide OSMAP with any change of address and to promptly obtain a copy of OSMAP s decision letter since an appeal of OSMAP s decision must be made within 10 calendar days of issuance of the decision letter or within five business days of receipt of the decision letter, whichever comes first. The student and/or parent(s)/legal guardian(s) may also

7 Page 7 pick up the decision letter at the OSMAP Office or may request that the letter be sent to them by facsimile or . When applicable, the OSMAP hearing officer shall have authority to enter into a Letter of Agreement with the student, whereby the student accepts any conditions, non-traditional education placement, suggested interventions, or other recommendations of the hearing officer, in lieu of the recommended disciplinary action. If the student and parent(s)/legal guardian(s) enter into such a Letter of Agreement with OSMAP, that Letter of Agreement shall be binding and final and there shall be no appeal. If a student violates the Letter of Agreement, another OSMAP hearing shall take place to determine if further disciplinary action shall be imposed. K. Final appeal of OSMAP recommendation to long-term suspend a student: If the parent(s)/legal guardian(s) and student do not enter into a Letter of Agreement with the OSMAP hearing officer, the parent(s)/legal guardian(s) or student may file a written appeal of the decision of the OSMAP hearing officer to the School Board. An appeal to the School Board of OSMAP s decision shall be received by OSMAP, in writing, within 10 calendar days of issuance of the decision letter or within five business days of receipt of the decision letter, whichever comes first. The School Board shall review the written appeal of the OSMAP hearing officer s decision in closed session and shall decide the appeal within 30 days of the filing of the request for appeal. Neither school staff, OSMAP staff, the student, or the parent/guardian (or any representative of the student or parent/guardian) are present during the closed session of the School Board. The School Board shall consider only that documentation presented during the OSMAP hearing with the exception of the letter of appeal which shall also be provided to the School Board. No other documentation shall be considered by the School Board. If the School Board upholds the long-term suspension of a special education student, an IEP Team will convene to determine continued educational services. L. Upon appeal, the School Board may uphold, deny, or amend the decision of the OSMAP hearing officer, or may determine that other disciplinary action is merited, including expulsion. The School Board s decision shall be final. However, in the event that the School Board determines that expulsion may be merited, the student shall be notified by OSMAP in writing of the right to request a due process hearing before a disciplinary committee of the School Board in accordance with the procedures for expulsion set forth at Regulation 745-1, Student Expulsions, Readmissions, and Exclusions. In the event that the student does not request such a hearing, or a hearing is requested and the student fails to

8 Page 8 appear, the disciplinary committee of the School Board shall render a decision based upon the written record. The Associate Superintendent for Student Learning and Accountability (or designee) is responsible for implementing and monitoring this regulation. The Associate Superintendent for Student Learning and Accountability (or designee) is responsible for reviewing this regulation in PRINCE WILLIAM COUNTY PUBLIC SCHOOLS