In-School Detention, Suspension and Expulsion

Transcription

1 Page 1 of 6 In-School Detention, Suspension and Expulsion Each principal or designee has the authority: to impose in-school detention, temporary suspension, or emergency suspension; to deny admission of a student who was expelled in another district; to recommend extended suspension or expulsion to the Board; or to recommend the Board make contact with the prosecuting attorney regarding habitual truancy as required by Idaho Code and In order to promote active parent/guardian involvement, the principal or designee: will attempt to provide verbal notification of the suspension as soon as possible; will provide written notification concerning the suspension; and may arrange a conference. I. Due Process Rights and Responsibilities for In-School Detention, Temporary Suspension and Emergency Suspension The principal or designee may temporarily suspend any student for conduct which is not in compliance with District policy or procedure, is disruptive to the educational process, or infringes upon the rights, property, and safety of others. Prior to suspending any student, the principal or designee shall provide rudimentary due process to the student by granting an informal hearing on the reasons for the suspension and the opportunity to challenge those reasons unless an emergency suspension is necessary. If an emergency suspension is necessary, the principal or designee will hold an informal hearing as soon as possible after the emergency ceases to exist. A parent/guardian does not have the right to appeal an in-school detention, a temporary or emergency suspension to a hearing panel, Council of Directors, or the Board. However, the parent/guardian may request, and the appropriate Director or designee may choose to review, an in-school detention, temporary or emergency suspension. The Director shall limit the scope of the review to questions concerning the appropriate interpretation and implementation of applicable laws, rules, District policies and procedures. The principal or designee who suspended the student may prescribe reasonable conditions as a requirement for the student s re-admittance. II. Due Process Rights and Responsibilities for Extended Suspension and Expulsion A. Hearing Panel 1. The Principal or designee shall give written notice to the parent/guardian of the student. The notice shall state: a. that the principal recommends that the student be given an extended suspension or an expulsion, and shall set forth the duration of the proposed disciplinary action; b. the grounds for the recommended action;

2 Page 2 of 6 c. that if the parent/guardian disagrees with the recommended action he or she may, within five (5) school days, request a hearing before a hearing panel by contacting the Director listed in the written notice; d. the time and place where such parent/guardian may appear to contest the recommended action; and e. the right of the student to be represented by counsel, to produce witnesses, and submit evidence on his or her own behalf, and to cross-examine any adult witnesses who may appear against him or her. 2. The principal or designee should deliver the written notice within three (3) school days of the conduct. a. Delivery of the written notice should fall within the time period of the temporary suspension. b. The principal or designee shall either hand-deliver the written notice or use certified or registered mail to the last known address of the parent/guardian. 3. The appropriate Director shall convene the hearing panel. It shall consist of the Director or designee as the hearing officer and three (3) certificated staff members. a. The three (3) certificated staff members shall be individuals who have not been involved in the disciplinary action in question. b. The Director or designee shall be present during the hearing as the hearing officer, but shall not vote on any decision. c. The hearing panel need not follow the formal rules of evidence observed by the courts; however, the evidence presented must be of the type upon which reasonable persons rely upon in serious matters. d. The burden of proof is upon the District officials to prove that the student committed a disciplinary violation and that the recommended action is supported by the evidence. e. The hearing panel may uphold or reject the principal s recommendation or it may recommend other consequences to the Director. 4. The hearing panel shall put their decision in writing within three school days and mail a copy of the decision to the parent/guardian of the student, and to the student s attorney, if any. The letter shall set forth the appeal process to the Council of Directors available to the parent/guardian if they disagree with the written decision. 5. If the decision of the hearing panel is to expel the student, the issue will automatically go to a Council of Director s hearing. B. Council of Directors The parent/guardian may appeal a decision for an extended suspension to the Council of Directors for a hearing within five (5) school days of receipt of the hearing panel s decision. Student and parent/guardian rights, as outlined Section, II A of this policy shall apply. The Council of Directors shall put their decision in writing within three school days after the hearing.

3 Page 3 of 6 1. If the Council of Directors rule in favor of an extended suspension, the parent/guardian may appeal the decision to the Board. The parent/guardian must submit an appeal within five (5) school days of receipt of the Council of Directors' decision. 2. If the decision of the Council of Directors is to expel the student, the issue will automatically go to a Board hearing. C. Board of Trustees The following process will be followed when a disciplinary action is referred to the Board: 1. The Director or designee shall give written notice to the parent/guardian. The notice shall state: a. the grounds for the recommended action; b. the time and place where such parent/guardian may appear to contest the recommended action; and, c. the right of the student to be represented by counsel, to produce witnesses, and submit evidence on his or her own behalf, and to cross-examine any adult witnesses who may appear against him or her. 2. Within a reasonable period of time, the Board shall grant the student and his or her parent/guardian a full and fair hearing. 3. The Board shall allow a reasonable period of time between such notification and the holding of such hearing to allow the student and the parent/guardian to prepare their response to the charge. 4. Any student within the age of compulsory attendance [ages seven (7) through sixteen (16)], who is given an extended suspension, expulsion, or denied enrollment under this policy shall come under the purview of the Juvenile Corrections Act and an authorized representative of the Board shall file a petition with the magistrate division of the district court of the county of the student's residence in such form as the court may require. 5. The Board may expel a student permanently. However, the parent/guardian may petition the Board for reinstatement at a later date as described in section IV of this policy. 6. If no disciplinary action is found to be warranted by the Board, all notations and records of the alleged disciplinary action shall be removed from the school records and shall not be placed in the student s educational record. III. Due Process Rights and Responsibilities for Students Expelled From Another District Except in extenuating circumstances, a student expelled from another school district shall be denied the right to enroll in the Boise School District for the period of time that student has been expelled by the other district.

4 Page 4 of 6 The parent/guardian of a student denied enrollment because the student was expelled from another school district shall have the right to request a hearing before the Council of Directors. The Council of Directors has the discretion to: 1. refer the petition to a hearing panel as described in Section II of this policy; or 2. have a hearing before the Board. Except in extenuating circumstances, the purpose of the hearing shall be solely to determine whether the student at issue has been expelled from another school district, and the length of any such expulsion. IV. Reinstatement of Boise School District Students The parent/guardian of an expelled Boise School District student must petition the Board for the student to be reinstated. The Board may choose to: 1. deny the petition without a hearing, except in cases where denial countermands an earlier Board decision; 2. refer the petition to a hearing panel as described in Section II of this policy; 3. allow the Superintendent or designee to make the determination, however, if the Superintendent or designee denies the petition, the parent/guardian has the right to appeal the decision to the Board; 4. have an informal hearing before the Board; or 5. allow reinstatement of the student without a hearing. Once the Board receives a petition for re-admittance, the Board shall determine one of the above courses of action at its next regularly scheduled meeting. The Board shall send written notification of the decision to the parent/guardian. Readmission shall not prevent the Board from expelling the student for subsequent cause. V. Students Eighteen Years and Older A student who is affected by this policy and is eighteen years old or older has the right to receive written notification separate from his/her parent/guardian. DEFINITIONS - The following definitions shall apply to District students and students seeking admission to the District: In-School Detention: one in which the student remains in school, isolated from peers. The student is considered present in school for attendance purposes. Make-up work is allowed as outlined in Make-up Work Policy #2621.

5 Page 5 of 6 Suspension: the involuntary removal of a student from school attendance not to exceed a school semester. Temporary Suspension: limited to 20 school days or less. A temporary suspension by the principal shall not exceed five (5) school days in length. The Superintendent or designee may extend the temporary suspension an additional ten (10) school days. If the Board finds that immediate return to school attendance by the temporarily suspended student would be detrimental to other students' health, welfare, or safety, the Board may extend the temporary suspension for an additional five (5) school days. The student is considered absent for attendance purposes. Make-up work is allowed as outlined in Make-up Work Policy #2621. Emergency Suspension: occurs with any of the above types of suspension when, because of the circumstances, and because it is necessary to protect the health and safety of all students, a student is suspended without first receiving an informal hearing on the reasons for the suspension and the opportunity to challenge those reasons. Extended Suspension: any suspension for a particular infraction that is beyond a temporary suspension and is for the remainder of the school semester. The student does not receive credit for make-up work and, if applicable, loses credit for that semester. Expulsion: the removal or exclusion of a student from the immediate supervision and control of school beyond the balance of the school semester. Council of Directors: refers to a body which is composed of the District s directors acting in their capacity as an appeal panel. On District premises or at any District sponsored activity, regardless of location: shall include, but not be limited to buildings, facilities, and grounds on the District campus, school buses, District parking areas; and the location of any District sponsored activity. This includes instances in which the conduct occurs off the District premises but impacts a District-related activity. Adopted 6/2/97 Reviewed: Review Annually Revised: 7/01/00 7/09/01 (3/12/01) 11/10/03 7/01/05 (6/11/05) 7/1/06 (5/8/06) 10/23/06 7/1/14(2/10/14) 7/1/15(5/11/15)

6 Cross Reference: Major Disciplinary Violations #3272 Drug, Alcohol & Tobacco Use Procedure #3233 Weapons #3236 Disciplining Students with Disabilities #3274 Suspension from Extracurricular and Co-Curricular Activities #3580 Page 6 of 6 Legal Reference: Handbook Reference: IC Information - Investigation Petition IC Denial of School Attendance IC Habitual Truant Defined Goss v. Lopez, 419 U.S.565 (1975) FERPA Jones v. Independent School District of Boise City, 4 th Judicial District, Case No (1994) Secondary Student Planner