|Manistee Area Schools|
|Bylaws & Policies|
5610 - EMERGENCY REMOVAL, SUSPENSION, AND EXPULSION OF NONDISABLED STUDENTS
A student may be removed from the classroom, suspended or expelled for persistent disobedience or gross misconduct. A student may not be expelled or excluded from the regular school program based on pregnancy status.
In recognition of the negative impact on a student's education, the Board encourages the District's administrators to view suspensions, particularly those over ten (10) days, and permanent expulsions as discipline of last resort, except where these disciplines are required by law (Policy 5610.01). Alternatives to avoid or to improve undesirable behaviors should be explored when possible prior to implementing or requesting a suspension or 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.
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.
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.
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 principal shall check to make sure the student is not classified as disabled under Section 504.
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 and/or the educational environment, or unless it is necessary to protect that student's or other students' physical or emotional safety and well-being.
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, or the student may be given a short-term suspension by the Superintendent. A student so removed will be allowed to attend other classes taught by other teachers during the term of the one (1) day removal. A student removed from the same class for ten (10) days will receive a due process hearing for each suspension beyond ten (10) days, consistent with 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 shall develop administrative guidelines to implement this policy which shall include:
|A.||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;|
|B.||promulgation of standards of behavior to all students in accordance with Board policy on student discipline;|
|C.||procedures that ensure due process;|
|D.||provision for make-up work at home, when appropriate;|
|E.||regulations regarding student records which require that:|
|1.||all records of suspension be expunged if a student is found innocent of charges made against him/her;|
|2.||records of disciplinary suspension be expunged in accordance with Board policy on student records.|
M.C.L. 380.1301, 380.1309, 380.1311
20 U.S.C. 3351
State Board of Education, Resolution to Address School Discipline Issues
Impacting Student Outcomes, Adopted June 12, 2012
© Neola 2013