Farwell Area Schools
Bylaws & Policies
 

5610 - EMERGENCY REMOVAL, SUSPENSION, AND EXPULSION

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.

A teacher is authorized to immediately suspend a student for up to one (1) full school day from a class, subject, or activity when:

 A.A student engages in conduct which the teacher has good reason to believe warrants a suspension under the School Behavior Code.

 B.When the student’s behavior is so unruly, disruptive, or abusive that it materially interferes with the ability of other students to learn and/or the teacher’s ability to effectively teach the class, subject, or activity.

Any student suspended pursuant to this policy shall not be allowed to return to the class, subject, or activity from which s/he was suspended until the next school day, unless otherwise permitted by the teacher who initiated the suspension and the building principal. The student so removed will be permitted to attend other classes taught by other teachers during the term of the one (1) day suspension. The principal or his/her designee may extend the length of the suspension when s/he deems the student’s conduct merits a longer suspension or expulsion in accordance with Board policy.

A teacher initiating a one (1) day suspension must report the incident to the building principal or his/her designee as soon as the student can be escorted to the office. Documentation must be submitted so that the principal can take appropriate action. A teacher who suspends a student pursuant to this policy shall, as soon as possible after the suspension, request the parent(s) of the student to attend a parent-teacher conference regarding the suspension. When practicable, a counselor, school social worker, or psychologist shall attend the conference. A school administrator shall attend the conference, if the teacher or the parent(s) so requests, or if the administrator determines his/her attendance is appropriate.

For purposes of this policy, "suspension" shall be the short-term (not more than ten (10) days) or long-term suspension (for more than ten (10) days but less than permanent expulsion) of a student from a regular District program.

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 unless it is necessary to protect that student's or other students' physical or emotional safety and well-being.

A student may be given a short-term suspension by the Superintendent, or the principal for violations of the Code of Conduct. A student removed from the same class for ten (10) days will be accorded a due process hearing for each suspension beyond ten (10) days, consistent with the required due process for long-term suspensions. The Board designates the Superintendent as its representative at any hearings regarding the appeal of a suspension.

The Superintendent may recommend to the Board a long-term suspension or that a student be expelled.

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 Superintendent shall develop administrative guidelines to implement this policy.

M.C.L.A. 380.1301, 380.1309, 380.1311
20 U.S.C. 3351

Revised 12/1/97
Revised 6/19/00
Revised 7/02