|West Clermont Local School District|
|Bylaws & Policies|
5610.01 - PERMANENT EXCLUSION OF NONDISABLED STUDENTS
In accordance with the law, the Board of Education may seek to permanently exclude a student, sixteen (16) years of age or older, who has been convicted of or adjudicated delinquent for the reason of the following offenses:
|A.||carrying a concealed weapon or conveying or possessing a deadly weapon or dangerous ordnance 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 any of the above offenses, regardless of where the complicity occurred|
In accordance with law, any student, sixteen (16) years of age or older, who has been convicted or adjudicated delinquent for committing the following offenses may be subject to permanent exclusion:
|A.||rape, gross sexual imposition or felonious sexual penetration|
|B.||murder, manslaughter, felonious or aggravated assault|
|C.||complicity to commit offenses described in paragraphs A and B, regardless of where the complicity occurs|
The above statement of policy on permanent exclusion is to be posted in a central location in each school as well as made available to students, upon request.
If the Superintendent has adequate evidence that a student, sixteen (16) years old or older at the time of the offense, has been convicted of or is an adjudicated delinquent resulting from any of the above offenses, s/he shall submit a written recommendation to the Board that the student should be permanently excluded from the public schools by the State Superintendent of Public Instruction. The recommendation is to be accompanied by the evidence, other information required by statute, and the name and position of the person who should present the District's case to the State Superintendent. The Board, after considering all the evidence, including the hearing of witnesses, shall take action within fourteen (14) days after receipt of the Superintendent's recommendation.
If the Board adopts the resolution, the Superintendent shall submit it to the State Superintendent, together with the required documents and the name of the person designated by the Board as its representative to present the case to the State Superintendent. A copy of the resolution shall be sent to both the student and his/her parents.
If the Board fails to pass the resolution, it shall so notify the Superintendent, in writing, who, in turn, shall provide written notification of the Board's action to both the student and his/her parents.
If the State Superintendent rejects the Board's request, the District Superintendent shall readmit the student in accordance with statute and District guidelines.
If the State Superintendent acts on the Board's request, his/her actions and those of the District shall be in accord with the procedures described in statute.
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, 3313.66, 3313.661, 3313.662
© Neola 2008