Menominee Intermediate School District
Bylaws & Policies
 

5610 - EMERGENCY REMOVAL, SUSPENSION AND EXPULSIONOF 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 student 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, the following definitions shall apply:

 

Nondisabled student is one whose program is not governed by an I.E.P.

 
 

Short-term suspension shall be suspension for no more than ten 10) days.

 
 

Long-term suspension shall be suspension for a definite period of time beyond ten (10) days but less than permanent expulsion.

 
 

Expulsion shall be permanent exclusion of a student from the schools of this District.

 
 

Suspension shall not include removal of a student from District activities for a period of less than twenty-four (24) hours.

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 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 s/he may be given a short-term suspension by the Superintendent or the Director of Special Education. 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 suspension. 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 special education director 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 the notification of the constituent local district or other appropriate agencies;

 D.provision for make-up of course work and for course credit during any appeal process;

 E.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. The Superintendent shall ensure that a copy of this policy is sent to the State Department of Education as well as a description of the circumstances surrounding any expulsions for the above-stated firearms offense together with the name of the school, the number of students so expelled, and the types of weapons that were brought on District property.

M.C.L.A. 380.1301, 380.1309, 380.1311
Guide to Students Rights and Responsibilities in Michigan
State Board of Education
20 U.S.C. 3351

Adopted 3/19/01