|West Clermont Local School District|
5610.01 - PERMANENT EXCLUSION
If the student is sixteen (16) or older and has been convicted or adjudicated delinquent for committing one or more of the following violations of the Code of Conduct while on school grounds, s/he may be permanently excluded from the schools of this District or any other public school in Ohio:
|A.||possession or involvement with a deadly weapon|
|B.||trafficking in drugs|
|C.||murder, involuntary manslaughter, assault or aggravated assault|
|D.||rape, gross sexual imposition, or felonious sexual penetration on school grounds, at a school event, or if the victim is an employee of the District|
|E.||complicity, regardless of where the complicity occurs, in any of the above crimes|
Principal's Responsibility to Report
Regardless of the age of the student, if a principal while on duty either observes or obtains reliable information that the student has committed any of the above offenses on the property of any Ohio school district or at any event sponsored by an Ohio school district, s/he is to notify the Superintendent of the school district in which the action took place within one (1) school day. If the student is an adult, the Principal may report the offense to the law enforcement agency having jurisdiction in the school district in which the offense occurred. If a juvenile, s/he may report the offense either to that law enforcement agency or the one having jurisdiction in the community in which the student resides.
Upon receipt of information that verifies a student has been found guilty when s/he was sixteen (16) or older of one of the above stated offenses, the Superintendent shall make a determination, based on information from the student's principal whether or not the student's continued attendance or return to school after suspension or expulsion poses a continuing threat to the health and/or safety of other students or staff members. (If the student has been expelled for one of the above offenses and the legal proceedings concerning the case are pending, the Superintendent may file a motion with the court requesting an order to extend the expulsion for the lesser of an additional eighty (80) days or the number of school days remaining in the school year.)
If such a threat exists, the Superintendent will advise the Board and recommend, in writing, that it pass a resolution within fourteen (14) days of receipt of the recommendation requesting the State Superintendent of Public Instruction to permanently exclude the student from the public schools of Ohio. S/he shall also notify the parents that the recommendation has been sent to the Board. The following information about the student is to be provided to the Board for its consideration prior to acting on the resolution:
|A.||academic, co/extra-curricular, and disciplinary records|
|B.||response to prior imposition of disciplinary actions contained in the school records|
|D.||evidence regarding the seriousness of the offense for which the student was found guilty and which is the basis of this recommendation|
|E.||any mitigating circumstances surrounding the offense that gave rise to the recommendation|
|F.||evidence regarding the probable danger posed to the health and/or safety of fellow students or members of the staff and the probable disruption of the instructional process|
|G.||evidence regarding the availability of alternative sanctions that would enable the student to remain in a public school without endangering the health and/or safety of others or posing a threat to the instructional process|
The name of the person who should present the District's case to the State Superintendent should accompany the recommendation.
If the Board adopts the resolution, the Superintendent shall submit the request, together with the documentation of the student's conviction, entire school record, and any other relevant information to the State Superintendent for action. S/He shall also provide both the student and his/her parents with a copy of the Board's resolution.
If the Board does not accept the Superintendent's recommendation and does not adopt the resolution, it shall notify the Superintendent, in writing, who in turn, shall immediately provide written notification to both the student and his/her parents.
The State Superintendent's action and any subsequent actions on the Board's resolution, including procedures for revocation of permanent exclusion, development of a probation admissions plan, and maintenance of records, shall be done in compliance with R.C. 3313.662.