| Elk Rapids Schools |
| Bylaws & Policies |
5610 - EMERGENCY REMOVAL, SUSPENSION, AND EXPULSION OF NONDISABLED STUDENTS
The Board of Education recognizes that exclusion from the educational programs of the District, whether by suspension or expulsion, is the most severe sanction that can be imposed on a student in this District and one that cannot be imposed without due process since exclusion deprives a child of the right to an education. The Board also recognizes that it may be necessary for a teacher to remove a student from class for conduct which is disruptive to the learning environment, and that such removals are not subject to a prior hearing, provided said removal is for a period of less than twenty-four (24) hours. However, if an emergency removal may result in a suspension, then due process must be ensured.
For purposes of this policy, "suspension" shall be the exclusion of a student from attendance at a regular District program for a period not to exceed ten (10) days. Such suspension may take place within as well as outside the District facilities.
For purposes of this policy, unless otherwise defined in Federal and/or State law and Policy 5610.01, "expulsion" shall be the permanent exclusion of a student from the schools of this District. Students who are expelled permanently may petition for reinstatement under the provisions stipulated in Policy 5610.01.
No student, otherwise eligible for attendance, shall be excluded from a District program unless that student has substantially interfered with the maintenance of good order or it is necessary to protect that student's or other student's physical or emotional safety and well-being.
Expulsion of any student shall be imposed exclusively by the Board of Education and only upon the recommendation of the Superintendent.
A student may be removed from a class, subject, or activity for one (1) day by his/her teacher for certain conduct as specified in the Code of Conduct. The Board designates the Superintendent as its representative regarding the appeal of a suspension.
The Superintendent may recommend to the Board a long-term suspension or that a student be expelled. The Superintendent shall check to make sure the student is not classified as disabled under Section 504.
In all cases resulting in short-term suspension, long-term suspension, or expulsion, appropriate due process rights described in Policy 5611 must be observed. The principal shall check to make sure the student is not classified as disabled under Section 504.
The Superintendent shall develop administrative guidelines to implement this policy which shall include:
| A. | promulgation of standards of behavior to all students in accordance with Board policy on student discipline; | |
| B. | procedures that ensure due process; | |
| C. | provision for make-up work at home, when appropriate; | |
| D. | strategies for providing special assistance to students who are in danger of being expelled and are not achieving the academic outcomes of the District's core curriculum; | |
| E. | a provision that any student who brings a firearm to school is to be expelled for at least one (1) year unless the Superintendent reduces the punishment for reasons justified by the particular circumstances of the incident; | |
| F. | in-school: students complete work during the day and are not excluded from co-curricular activities; | |
| G. | out-of-school: students are allowed to turn in make up work for full credit. It is the sole responsibility of the student to find out what work was missed and to make arrangements with each teacher for turning the work in. Students suspended out-of-school are not allowed to be on school property, attend school activities (home or away) or to participate in school activities during the duration of the suspension. |
M.C.L.A., 380.1301, 380.1309, 380.1311
20 U.S.C. 3351
Revised 11/14/94
Revised 5/8/00
Revised 1/27/04