South-Western City School District
Bylaws & Policies
 

5610.06 - STUDENT EXPULSION

The Superintendent may expel a student from school for a period of up to eighty (80) school days for violating the Student Code of Conduct. Students may be expelled for a period of up to one (1) calendar year for violations involving firearms, knives, violent acts and bomb threats and where otherwise authorized under Ohio law. Expulsions may extend beyond the current school year if, at the time the expulsion is imposed, fewer school days than expulsion days remain in the school year. The Superintendent may apply any or all of the period of expulsion to the following school year.

 A.Prior to the expulsion, the student and his/her parent or guardian must be given a written notice of the intended expulsion signed by the Superintendent.

  1.This notice must include the reasons for the intended expulsion.

  2.The notice must advise the student and parent/guardian that they have the opportunity to appear before the Superintendent or his/her designee to challenge the intended expulsion or otherwise explain the student's behavior.

  3.The notice must state the time and place to appear, which must not be less than three (3) school days nor later than five (5) school days after the notice is given, unless the student, parent or guardian requests an extension. If an extension is granted, all parties must be notified of the new time and place to appear. This extension must be mutually agreed upon between the Superintendent or designee and the parent or guardian.

  4.If the offense is one for which the District may seek permanent exclusion, the notice of intended expulsion shall contain that information.

 B.Prior to the expulsion, the student and parent/guardian may appear before the Superintendent or his/her designee to challenge the intended expulsion or otherwise explain the studentís behavior.  
  If, following the hearing described in Step II, it is determined that the student will be expelled, the Superintendent shall, within one (1) school day of the expulsion, notify the parent, guardian or custodian of the expulsion. The Notice of Expulsion shall include:

  1.The reason for the expulsion, notification of the right of the student, parent or guardian to appeal the expulsion to the Board of Educationís designated hearing officer, and to be represented in all appeal proceedings.

  2.If the Superintendent expels a student for more than twenty (20) days or for any period of time if the expulsion will extend into the following semester or school year, the notice of expulsion shall also include the names, addresses and phone numbers of any public or private agencies that may offer services or programs that work toward improving those aspects of the studentís attitudes and behavior that contributed to the incident that gave rise to the studentís expulsion.

  3.If the offense is one for which the District may seek permanent exclusion, the notice of expulsion shall contain that information.

 C.A student or parent, guardian or custodian may appeal the expulsion to the Board of Education or its designee.

  1.The appeal must be made within fourteen (14) calendar days beginning with the first day of the expulsion.

  2.A verbatim record of this hearing is required.

  3.Notification to affirm, rescind or modify the disciplinary action must be provided in written form to the student and/or parent, guardian or custodian.

  4.Pending the appeal, the expulsion will be enforced.

 D.Under State law the decision of the Board may be further appealed to the Court of Common Pleas.

 E.High School Expulsion and Credit
  A student who is expelled will not receive credit for the courses in which s/he was enrolled in at the time of expulsion.
  However, if the expulsion occurs during the second semester, there is the possibility of granting one-half (1/2) of the yearlong credit for any successful first semester work in a yearlong course.

 F.Special Education Students
  The District will comply with all requirements of State and Federal law regarding the discipline of disabled students.

Adopted 10/8/90
Revised 5/14/01
Revised 8/13/01
Revised 9/10/07