| Sylvania City School District |
| Bylaws & Policies |
5610.01 - PERMANENT EXCLUSION OF NONDISABLED STUDENTS
If the Superintendent learns that a student has been convicted of or adjudicated delinquent for one (1) or more of the following offenses, and that the student was at least sixteen (16) years of age at the time of the offense, then the Superintendent may initiate proceeding to permanently exclude the student from school. "Permanent exclusion" shall mean the student is banned forever from attending a public school in the State of Ohio. Action may be taken under this policy in addition to suspension or expulsion under policy 5610.
The offenses which may lead to permanent exclusion are:
| A. | carrying a concealed weapon or conveying or possessing a deadly weapon or dangerous ordinance on property owned or controlled by a board of education or at an activity held under the auspices of this Board | |
| B. | possessing, selling, or offering to sell controlled substances on property owned or controlled by a board of education or at an activity under the auspices of this Board | |
| C. | complicity to commit the offenses in A and/or B, regardless of where the complicity occurred | |
| D. | rape, gross sexual imposition, or felonious sexual penetration | |
| E. | murder, manslaughter, felonious or aggravated assault | |
| F. | complicity to commit offenses described in paragraphs D and/or E, regardless of where the complicity occurs |
For purposes of this policy, the terms "deadly weapon" and "dangerous ordnance" shall have the same meaning as the terms are given under R.C. 2923.11. As used in this policy, the term "concealed weapon" means concealed on the student's person or concealed ready at hand, and refers to any deadly weapon or dangerous ordinance in accordance with R.C. 2923.12.
The Superintendent shall have written proof of the adjudication of delinquency or conviction before initiating exclusion proceedings under this policy. If the Superintendent or the Superintendent's designee determines that the student's continued presence in school may endanger the health or safety of other students or employees, then the Superintendent shall notify the student and the student's parent, guardian, or custodian in writing that the Superintendent intends to recommend permanent exclusion. The Superintendent shall then forward to the Board the following:
| A. | a copy of the conviction or delinquency adjudication documents; | |
| B. | a copy of the Superintendent's or designee's written determination that the student's continued presence in school poses a health or safety threat to others; | |
| C. | a recommendation to permanently exclude the student from school. |
Within fourteen (14) days after receiving the Superintendent's recommendation, the Board will make a determination whether to adopt a resolution requesting the State Superintendent to permanently exclude the student. When making this determination, the Board shall consider the factors enumerated under law. If the Board determines not to request permanent exclusion, it will provide written notice of that fact to the Superintendent, the student and the student's parent, guardian, or custodian.
If the Board determines to request permanent exclusion, it will forward a resolution making that request together with other required information and documents to the State Superintendent of Public Instruction, and will designate a representative who will present the District's case to the State Superintendent. A copy of the Board's resolution requesting permanent exclusion will be sent to the student and the student's parent, guardian, or custodian.
If the student's expulsion expires during the pendency of criminal or delinquency proceedings for an offense which could lead to permanent exclusion, the Superintendent may file a motion with the court where the criminal or delinquency proceedings are pending to request an extension of the expulsion for the remainder of the school year or eighty (80) days, whichever is less.
If the state Superintendent denies the request for permanent exclusion, the student shall be readmitted to the District's schools in accordance with applicable laws and policies.
If the State Superintendent approves permanent exclusion, all information relating to the permanent exclusion shall be included in the student's record, and shall be forwarded to any school district which requests such information. Information pertaining to the permanent exclusion shall be destroyed when the student reaches age twenty-two (22), or when the permanent exclusion order is revoked.
This policy does not apply to students being educated under the Individuals with Disabilities Education Act. Permanent exclusion of such students is a change of placement which requires the consent of the parent, guardian, or custodian, or an order of the court in accordance with 20 U.S.C. 1401 et seq.
R.C. 2151.27, 2903.03-.04, 2903.11-.12, 2907.02, 2907.05, 2907.12, 2923.12,
R.C. 2923.22, 2925.03, 2923.01-.02, 2923.122
R.C. 3313.66, 3313.661, 3313.662
Revised 6/95