| East Muskingum Local School District |
| Bylaws & Policies |
5610.01 - PERMANENT EXCLUSION
The Board of Education may seek exclusion of a student sixteen (16) years of age or older who is either convicted in criminal court or adjudicated delinquent by a juvenile court of any of the following offenses that occur on school grounds or at a school function:
| A. | illegal conveyance or possession of a deadly weapon or dangerous ordinance, carrying a concealed weapon, aggravated trafficking, trafficking in drugs, trafficking involving the possession of a bulk amount of a controlled substance or the sale of a controlled substance; and/or | |
| B. | aggravated murder, murder, voluntary or involuntary manslaughter, felonious or aggravated assault, rape, gross sexual imposition or felonious sexual penetration, if the victim is a District employee. |
In addition, complicity in any of the above acts may be the basis for permanent exclusion.
Any building administrator witnessing, or having knowledge of, one of these acts must report the incident to the Superintendent within twenty-four (24) hours, whether or not the student is over sixteen (16) years of age.
If the Superintendent receives notification that a student has been found guilty of or is adjudicated delinquent for any of the listed offenses, s/he will determine whether the student's continued attendance in the District endangers the health and safety of other students or school employees or whether his/her attendance poses a danger if disruption to the District's grade course of study. If s/he determines that either danger exists, s/he may recommend that the Board adopt a resolution requesting the State Superintendent of Public Instruction to permanently exclude the student form attendance in any Ohio school. Written notice of the Superintendent's recommendation for permanent exclusion will be provided to the student and his/her parent, guardian, or custodian.
The Board will act upon the Superintendent's recommendation within fourteen (14) days. Among the items the Board will consider will be information on:
| A. | academic and extra-curricular activity record of the student; | |
| B. | disciplinary record of the record; | |
| C. | social history of the student; | |
| D. | response to prior discipline and sanctions; | |
| E. | seriousness of the offense and any aggravating circumstances; | |
| F. | any mitigating circumstances; | |
| G. | evidence regarding the possible danger to other students and employees if the student remains in the District; | |
| H. | evidence regarding the probable disruption of he graded course of study; and | |
| I. | availability of less sanctions that would permit the student to stay in the District without conflict with either (G) or (H). |
The Board may allow for the hearing of witnesses and the presentation of additional evidence.
If the Board adopts the resolution to permanently exclude the student, the Board will:
| A. | forward the written resolution, together with the adjudication or conviction and a copy of the student's entire school record, to the State Superintendent; | |
| B. | promptly designate a representative to present the District's case for permanent exclusion to the State Superintendent; and | |
| C. | forward a copy of the resolution to the student and his/her parent, guardian, or custodian. |
If the State Superintendent rejects the resolution, then the student shall be re-admitted to the District's schools.
No employee of this District shall knowingly admit, or cause by inaction to be admitted, any student who has been permanently excluded.
Re-admission
If, in the opinion of the Superintendent, a permanently excluded student no longer represents either a danger to the health and safety of other students or staff, the District may, in some instances, seek the re-admission of the student.
On the recommendation of the Superintendent, the Board will consider a resolution requesting the State Superintendent to revoke the permanent exclusion. If the Board adopts the resolution, it will be forwarded to the State Superintendent, along with the reasons for the resolution and all relevant information.
Probationary Admission following Permanent Exclusion
Under State law, a student permanently excluded from school may request probationary admission for ninety (90) days in any public school district.
If a student requests consideration of probationary admission into the District, the Superintendent may enter into discussions with the student and his parent, guardian, custodian to develop a probationary admission plan designed to meet the educational needs of the child and the disciplinary requirements of the District.
If a satisfactory plan is developed, then the Superintendent will recommend the Board allow the student to attend classes within the District. The Board will act on the recommendation within fourteen (14) days.
If a student violates the terms of the re-admission plan, then the Superintendent may immediately remove the student pending action by the Board. The Board's action must take place within five (5) days from receipt of the Superintendent's recommendation to revoke the re-admission.
A student, in compliance with his probationary re-admission plan, may request either an extension of the plan for an additional ninety (90) days or for the Superintendent to recommend that the permanent exclusion be revoked.
R.C. 2151.27, 2903.03-.04, 2903.11-.12, 2907.02, 2907.05, 2907.12, 2923.12
R.C. 2923.22, 2925.03, 2923.01-.02, 2923.122
R.C. 3313.66, 3313.661, 3313.662