The Board of Education is continually concerned about the safety and welfare of District students and staff and, therefore, will not tolerate behavior that creates an unsafe environment or a threat to safety.

In compliance with State and Federal law, the Superintendent shall permanently expel any student who possesses a dangerous weapon in a weapon-free school zone or commits either arson or rape in a District building or on District property, including school buses and other school transportation.

For purposes of this policy, a dangerous weapon is defined as "a firearm, dagger, dirk, stiletto, knife with a blade over three (3) inches in length, pocket knife opened by a mechanical device, iron bar, or brass knuckles" or other devices designed to or likely to inflict bodily harm, including, but not limited to, air guns and explosive devices. The term "firearm" is defined as: a) any weapon (including a starter gun) which will or is designed to or may readily be converted to expel a projectile by the action of the explosive; b) the frame or receiver of any such weapon; c) any firearm muffler or firearm silencer; or d) any destructive device. Such term does not include an antique firearm.

The Superintendent need not expel if the student can establish to the satisfaction of the Superintendent that:

The Superintendent shall permanently expel a student in grade six or above if that student commits physical assault at school against a District employee, volunteer, or contractor.

Physical assault is defined as "intentionally causing or attempting to cause physical harm to another through force or violence".

The Superintendent shall also suspend or expel a student in grade six or above for up to 180 school days if the student commits physical assault at school against another student. The Board shall suspend or expel a student in grade six or above for a period of time as determined at the Board’s discretion if the student commits verbal assault at school against a District employee, volunteer, or contractor or makes a bomb threat or similar threat directed at a school building, property, or a school-related activity. Verbal assault is a communicated intent to inflict physical or other harm of another person, with a present intent and ability to act on the threat.

The student may be enrolled, in lieu of expulsion, in the District's Alternative Education Program or Evening High School upon the recommendation of the Superintendent.

The District may provide appropriate instructional services at home for an expelled student who is not placed in an Alternative Education Program. The type of instructional services provided shall be similar to that provided to homebound or hospitalized students and shall be contracted for in the same manner.

Disabled students under IDEA or Section 504 shall be expelled only in accordance with Board policy covering suspension/expulsion of disabled students and Federal due process rights appropriate to these students.

The Superintendent shall ensure that the expulsion is duly noted in the student's record and that the student has been referred to the County Department of Social Services or Mental Health Department within three (3) school days and the parents have been informed of the referral. Furthermore, the Superintendent shall ensure that, if a student who is expelled is below the age of sixteen (16), then notification of the expulsion shall be given to the Juvenile Division of the Probate Court. In compliance with Federal law, the Superintendent shall also refer any student, regardless of age, expelled for possession of a dangerous weapon to the criminal justice or juvenile delinquency system serving the District. In addition, the Superintendent shall ensure that a copy of this policy and Policy 5610 is sent to the State Department of Education as well as a description of the circumstances surrounding the expulsion of a student for possessing a weapon in a weapon-free school zone together with the name of the school, the number of students so expelled, and the types of weapons that were brought into the weapon-free school zone and other reasons listed in Policy 8400.

In the event a student who has been permanently expelled from another school district requests admission to this District, the Board shall, in making its decision, rely upon the recommendation of the Superintendent.

The Superintendent shall ensure that Board policies and District guidelines regarding a student's rights to due process are adhered to when dealing with a possible expulsion under this policy.

M.C.L.A. 380.1311

Adopted 2/27/95
Revised 9/9/96
Revised 10/11/99
Revised 5/8/00
Revised 1/8/01
Revised 3/12/01
Revised 9/04