Decatur County Community Schools
Administrative Guidelines
 

5610 - SUSPENSION AND EXPULSION

The following administrative guidelines should be followed to provide due process for each student charged with an offense leading to suspension or expulsion.

 

A.

Suspension

   
 

The principal may impose a suspension of no more than ten (10) days and shall notify the studentís parents or guardians of the suspension by a written statement which includes the studentís conduct and the action taken by the principal. A secondary teacher may remove a student from a classroom or activity for no more than five (5) periods and an elementary teacher may remove a student from class for an entire school day in order to carry out or prevent interference with an education function which the teacher supervises.

   
 

No student may be suspended without a meeting. If a studentís misconduct requires immediate removal, the meeting will take place as soon as possible after the suspension. At the meeting, the principal shall provide the student with: a written or oral statement of the charges; a summary of the evidence against the student if s/he denies the charges; and an opportunity to explain his/her conduct.

   
 

1.

Sending a Student Home

   
 

Unless the student is an immediate threat to the safety of the school, s/he should remain in school until class is dismissed for the day.

   
 

If the situation requires the student to be removed from the premises, the principal shall attempt to reach the studentís parents to request they pick up their child. If they are unable to do so, the student should remain under supervision until school is dismissed. In the case of violent behavior, the principal may summon police to remove the student from the premises.

   
 

2.

Responsibility for School Work

   
 

a.

For an in-school suspension credit will be given for all classroom assignments that can be completed during the in-school suspension or as homework.

   
 

b.

No credit will be given for work missed as a result of suspension out-of-school.

   
 

c.

Credit will not be given for work missed due to out-of-school suspension.

   
 

Failures shall be given for any classroom work that cannot be made up such as laboratories or skill sessions.

   
 

3.

Loss of Driving Privileges

   
 

The principal shall not approve an application for a learnerís permit or an operatorís license or, if the student already has a permit or license, the principal shall notify the Bureau of Motor Vehicles, when a student has had at least two (2) suspensions or an expulsion from school.

   
 

If a student has withdrawn or seeks to withdraw from school in an effort to circumvent the second suspension or expulsion in order to avoid the loss of his/her driverís license or learnerís permit, the principal shall notify the Bureau of Motor Vehicles.

   
 

4.

Suspension Pending Expulsion

   
 

The expulsion examiner may continue suspension of a student for more than the ten (10) school day period of the principalís suspension and until the time of the expulsion decision if s/he determines that the studentís continued suspension will prevent or substantially reduce the risk of:

   
 

a.

interference with an educational function or school purposes;

   
 

b.

a physical injury to the student, other students, school employees, or visitors to the school.

   
 

B.

Expulsion

   
 

If in the principalís opinion, the alleged infraction warrants expulsion, s/he shall refer the case to the Superintendent and submit the following documentation:

   
 

1.

the rule(s) alleged to have been violated

   
 

2.

the charges against the student

   
 

3.

approximate date of the violation

   
 

4.

recommendation(s) for expulsion

   
 

5.

copy of suspension

     
 

6.

the Case Conference committee or Section 504 Committee manifestation determination, if applicable

   
 

Upon request, the principal shall also submit:

   
 

1.

transcript of grades

   
 

2.

attendance records

   
 

3.

letter to parents

   
 

The Superintendent shall review the case and may appoint a designee to serve as the expulsion examiner who is either an attorney or an administrator who did not expel the student during the current school year and was not involved in the circumstances leading to the expulsion meeting.

   
 

Firearms, Destructive Devices, and Deadly Weapons

   
 

A student must be expelled from school for not less than one (1) calendar year whenever the student has brought a firearm, as defined in I.C. 35-47-1-5, or a destructive device, as defined in I.C. 35-47.5-2-4, to school or onto school property or is in possession of a firearm or destructive device on school property, with the return of the student to be at the beginning of the first school semester after the end of the one (1) year period. The term of that expulsion may be reduced to less than one (1) year by the Superintendent for reasons justified by the particular circumstances of the incident so long as the modification is made in writing. A student shall be expelled from school for not more than one (1) calendar year if the student has brought a deadly weapon, as defined in I.C. 35-31.5-2-86, to school or onto school property or is in possession of a deadly weapon on school property.

   
 

Notice of Right to an Expulsion Meeting

   
 

The notice, indicating the parentsí right to appear at an expulsion meeting shall be sent by certified mail or personal delivery and contain:

   
 

1.

the reason(s) for the expulsion, which should include both:

     
 

a.

the rule(s) alleged to have been violated; and

   
 

b.

the charges against the student;

   
 

2.

the length of the expulsion;

     
 

3.

the right to request an expulsion meeting and the procedure for such a request;

   
 

4.

the date, time, location, and purpose for the expulsion meeting, if one is requested.

   
 

For a student who is eligible for special education and related services under the IDEA and Article 7, a copy of the Notice of Procedural Safeguards must be provided to the parent on the day the decision is made to make a disciplinary change of placement or, if that is not possible, mailed to the parent no later than the next business day (see also AG 5605A).

   
 

Expulsion Meeting

   
 

If the student or the studentís parent requests an expulsion meeting, an expulsion meeting must be held prior to expulsion. The Superintendent or person designated as the expulsion examiner must notify the student and the studentís parent, in writing, of the date, time, and location of the expulsion meeting unless the initial notice of right to an expulsion meeting provided that information.

   
 

The Superintendent or person designated as the expulsion examiner may issue subpoenas, compel the attendance of witnesses, and administer oaths to persons giving testimony at an expulsion meeting.

   
 

The Superintendent or person designated as the expulsion examiner shall make a written summary of the evidence heard at the expulsion meeting and take the action that s/he finds appropriate. The Superintendent or person designated as the expulsion examiner shall provide notice, in writing, of the action taken to the student and the studentís parent. If the Board of School Trustees has voted to hear all expulsion appeals, the notice must include the studentís and parentís right to make a written appeal to the Board. Any such appeal must be made not later than ten (10) days of studentís and parentís receipt of the notice of action taken. If the Board has voted not to hear expulsion appeals, the notice must include the studentís and parentís right to appeal the expulsion by filing an action in the circuit or superior court of the county in which the student resides.

   
 

Appeal of an Expulsion

   
 

If the Board has voted to hear all expulsion appeals:

   
 

Upon receipt of a written appeal, the Board shall hold a meeting to consider the written summary of evidence presented at the expulsion meeting and the arguments of the principal and of the student and/or his/her parents. The Board may then decide to uphold the expulsion, authorize alternative discipline, or overturn the expulsion, as it finds appropriate.

   
 

The student or his/her parents may appeal the Boardís decision only to the circuit or superior court of the county in which the student resides.

   
 

If the Board has voted not to hear any expulsion appeals:

   
 

The student or his/her parents may appeal the Superintendent's or expulsion examiner's decision only to the circuit or superior court of the county in which the student resides.

   
 

Length of Expulsion

   
 

Except in the case of firearms, destructive devices, and deadly weapons, a student may not be expelled for a longer period than the remainder of the school year in which the expulsion took effect if the misconduct occurs during the first semester.

   
 

An expulsion during the second semester may extend through summer school and/or through the end of the first semester of the next school year, unless otherwise modified or terminated by the Board of School Trustees.

   
 

An expulsion that takes effect more than three (3) weeks before the beginning of the second semester or that will remain in effect into the first semester of the next school year shall be reviewed by the expulsion examiner, before the beginning of the second semester or before the beginning of the next school year, as applicable, to determine if there is newly discovered evidence or evidence of a change in the studentís circumstances occurring since the original meeting. If so, the expulsion examiner may recommend to the Superintendent that the student be readmitted for the second semester or at the beginning of the next school year, as applicable.

   
 

C.

Disabled Students

   
 

In accordance with Board Policy 2461, State and Federal law, prior to expulsion a student who is eligible for special education and related services under the IDEA and Article 7 must be referred to the Case Conference Committee and a student with a disability who is eligible under Section 504 must be referred to the Section 504 Committee for a manifestation determination to determine if the behavior for which expulsion has been recommended is related to the student's disability.

   
 

D.

Waiver

   
 

The student and his/her parents may waive any of the rights described in this guideline or the student/parent handbook if the waiver is submitted, in writing, and signed by both student and parents. The signatures should be witnessed. The waiver must be made with knowledge of the due process procedure described in the student/parent handbook and the consequences of the waiver. Additionally, the student can constructively waive the right to an expulsion meeting by simply not availing himself/herself of the opportunity for it.

   
 

E.

Permanent Record

     
 

A record of the student's suspension or expulsion shall be made a part of his/her permanent record.

     
 

F.

Alternatives to Suspension or Expulsion

   
 

Based on the evidence presented at the expulsion meeting one (1) of the following alternatives may be implemented by the expulsion examiner:

   
 

1.

in-school restriction or Saturday School (see AG 5610.02)

   
 

2.

assignment to an alternative program

   
 

A student may be placed in community service with a nonprofit organization in place of a suspension or expulsion in accordance with a plan developed by the principal and approved by the Superintendent. The option of a community service alternative for expulsion should be published in the Student Code of Conduct, and a student's parent may request or suggest that the principal assign the student to community service. Such a plan must meet the following conditions:

   
 

1.

The studentís parent must approve the plan, including the non-profit organization where the student is assigned.

     
 

2.

The services the student is expected to perform must be included in the plan.

     
 

3.

The plan must describe the obligations of the nonprofit organization to the student, the studentís parent(s), and the Corporation.

     
 

4.

The plan must provide for monitoring of the studentís performance of service by the principal or principalís designee.

     
 

5.

The plan must provide for periodic reports from the nonprofit organization to the principal and the studentís parent or guardian of the studentís performance of the service.

     
 

6.

The misbehavior was not drug-related or an act of violence against a person.

   
 

7.

When applicable, the service provides restitution for damages created by the studentís misconduct.

   
 

The nonprofit organization must obtain liability insurance in the amount and of the type specified by the Corporation that is sufficient to cover liabilities that may be incurred by a student who performs the community service.

   
 

Completion of the community service shall terminate the expulsion.

   
 

G.

Referral to Law Enforcement

   
 

A student must be referred to local law enforcement if the misconduct involved a student physically assaulting a person having authority over the student or possession of a firearm, deadly weapon, or destructive device.

   
 

A student must be referred to local law enforcement immediately if the misconduct involved any of the following:

     
 

1.

a student physically assaulting a person having authority over the student;

     
 

2.

possession of a firearm, deadly weapon, or destructive device;

     
 

3.

any crime involving sexual violence; or

     
 

4.

assault resulting in personal injury.

I.C. 20-33-8

Revised 8/12/15

© Neola 2015