5610 - SUSPENSION AND EXPULSION

School District Of Westfield

Administrative Guidelines

5610 - SUSPENSION AND EXPULSION

The following administrative guideline deals with suspending and expelling students.

A.	Suspension

	1.	Duration and Grounds for Suspension

		The District Administrator or any principal or teacher designated by the District Administrator may suspend a student for up to five (5) school days or, if a notice of expulsion hearing has been sent, for up to fifteen (15) consecutive school days (refer to AG 2461A if the student is eligible for special education services under Chapter 115, Wis. Stats.) if the suspension is reasonably justified and based upon any of the following misconduct:

		a.	noncompliance with school rules or School Board rules

		b.	knowingly conveying any threat or false information concerning an attempt or alleged attempt being made or to be made to destroy any school property by means of explosives

		c.	conduct by the student while at school or while under the supervision of a school authority that endangers the property, health, or safety of others

		d.	conduct while not at school or while not under the supervision of a school authority that endangers the property, health, or safety of others at school or under the supervision of a school authority

		e.	conduct while not at school or while not under the supervision of a school authority that endangers the property, health, or safety of any employee or Board member of the District in which the student is enrolled


		Under paragraphs c, d, and e above, conduct that endangers a person or property includes making a threat to the health or safety of a person or making a threat to damage property.

		The District Administrator or any principal or teacher designated by the District Administrator shall suspend a student if the student possessed a firearm as defined in 18 U.S.C. 921(a)(3) while at school or while under the supervision of a school authority.

		The suspension period applies to "school days." Thus, a suspension period does not include weekend days or vacation days.

	2.	Suspension Procedure

		Prior to being suspended, on the day of the alleged infraction or as soon thereafter as is practicable, the student must be advised orally or in writing of the reason for the proposed suspension and given an opportunity to explain his/her conduct (Form 5610 F2).

		The principal, within his/her discretion, may also inform the student’s parents of the reason for the proposed suspension prior to suspending the student (Form 5610 F2).

	3.	Notice of Suspension

		The parent of a suspended minor student shall be given prompt written notice of the suspension and the reason for the suspension by mail and by sending a copy of the notice home with the student. Oral notice may also be given to the student’s parent however, it must be confirmed in writing (Form 5610 F3).

4.

Sending a Student Home on the Day of the Suspension

Generally, the student should remain in school on the day of the suspension until school is dismissed for the day. Except as provided below, if the situation requires that the student be removed from the premises before school is dismissed, the principal shall attempt to contact the student’s parent to request that s/he pick up the student. If the parent is unable to pick up the student, the student should remain under the school’s supervision until school is dismissed, or in the event law enforcement is involved, under law enforcement supervision.

5.

Opportunity to Complete School Work

A suspended student shall not be denied the opportunity to take any quarterly, semester, or grading period examinations or to complete course work missed during the suspension period. Such work shall be completed pursuant to the procedures established by the Board.

6.

Reference to the Suspension in the Student’s Record

The student’s suspension from school shall be entered in the student’s record as required by the rules adopted by the Board concerning the content of student records.

The suspended student or the student's parent may, within five (5) school days following the commencement of the suspension, have a conference with the District Administrator or his/her designee, who shall be someone other than a principal, administrator, or teacher in the suspended student’s school, to discuss removing reference to the suspension from the student’s records.

Reference to the suspension in the student’s school record shall be removed if the District Administrator finds that:

a.

the student was suspended unfairly or unjustly;

b.

the suspension was inappropriate, given the nature of the alleged offense; or

c.

the student suffered undue consequences or penalties as a result of the suspension.

The District Administrator, shall make his/her finding within fifteen (15) days of the conference.

7.

Co-Curricular or Extra-Curricular

A student's participation in co-curricular or extra-curricular activities during a suspension shall be determined on a case-by-case basis.

B.

Expulsion

1.

Grounds for Expulsion

The Board may expel a student only when it is satisfied that the interest of the school demands the student’s expulsion and it finds that the student:

a.

repeatedly refused or neglected to obey the rules established by the School District;

b.

knowingly conveyed or caused to be conveyed any threat or false information concerning an attempt or alleged attempt being made or to be made to destroy any school property by means of explosives;

c.

engaged in conduct while at school or while under the supervision of a school authority that endangered the property, health, or safety of others;

d.

engaged in conduct while not at school or while not under the supervision of a school authority that endangered the property, health, or safety of others at school or under the supervision of a school authority or endangered the property, health, or safety of any employee or Board member of the School District in which the student is enrolled; or

e.

was at least sixteen (16) years old and had repeatedly engaged in conduct while at school or while under the supervision of a school authority that disrupted the ability of school authorities to maintain order or an educational atmosphere at school or at an activity supervised by a school authority and that such conduct did not otherwise constitute grounds for expulsion.

Under this section, conduct that endangers a person or property includes threatening the health or safety of a person or threatening to damage property.

2.

Expulsion for Bringing a Firearm to School or for Possessing a Firearm at School

The Board shall expel a student from school for not less than one (1) year whenever it finds that the student brought a firearm to school or, while at school or while under the supervision of a school authority, possessed a firearm, as defined in 18 U.S.C. 921(a)(3), unless the Board finds that the punishment should be reduced based upon the circumstances of the incident. Any such finding by the Board shall be in writing.

3.

Expulsion Hearing

Prior to expelling a student, the Board shall provide the student with a hearing.

a.

Notice of the Hearing

Prior written notice of the expulsion hearing must be sent separately both to the student and his/her parent(s) if the student is a minor; otherwise just to the student.

The notice must be sent at least five (5) days prior to the date of hearing. In counting the number of days, the day the notice is sent is excluded.

The notice must include the following information:

1)

the specific grounds upon which the expulsion proceeding is based, pursuant to State Statute

2)

the particulars of the student’s alleged conduct, including the approximate date and location of the conduct

3)

the time and place of the hearing

4)

that the Board will keep written minutes of the hearing

5)

that the hearing may result in the student’s expulsion

6)

that the student's, or the student's parent if the student is a minor, have the right to request a closed hearing or the Board may choose to close the hearing under Wis. Stat. section 19.85(1)(f)

7)

that the student and, if the student is a minor, the student’s parent may be represented at the hearing by counsel

8)

that the administration intends to present witnesses at the hearing with knowledge of the alleged conduct

9)

that the parties shall have the right to cross-examine witnesses and to present such evidence and witnesses as deemed appropriate

10)

that in considering whether to expel the student, and if so, for what period of time, the Board may also consider the student’s complete disciplinary and academic records

These student records are available for the student and parent to review as outlined in Sec. 118.125, Wis. Stats.

11)

if the student is expelled, the Board will determine the length of the expulsion period, which may extend at a maximum to the student’s 21^st birthday

12)

if the Board orders the expulsion of the student, the School District clerk shall mail a copy of the order to the student and, if the student is a minor, to the student’s parent

13)

if the student is expelled by the Board, the expelled student or, if the student is a minor, the student’s parent may appeal the Board's decision to the Wisconsin Department of Public Instruction

14)

if the Board's decision is appealed to the Department of Public Instruction, within sixty (60) days after the date on which the Department receives the appeal, the Department shall review the decision and shall, upon review, approve, reverse, or modify the decision

15)

the decision of the Board shall be enforced while the Department of Public Instruction reviews the Board's decision

16)

an appeal from the decision of the Department of Public Instruction may be taken within thirty (30) days to the circuit court for the county in which the school is located

17)

the State statutes related to student expulsion are Secs. 119.25 and 120.13 (1), Wis. Stats.

(Form 5610 F6 and Form 5610 F7)

b.

Hearing Procedures

The procedures for the expulsion hearing shall be as follows:

1)

The hearing shall be closed.

2)

The student and, if the student is a minor, the student’s parent may be represented at the hearing by counsel.

3)

A quorum of the Board shall be present at the hearing.

4)

The Board shall keep written minutes of the hearing.

5)

The parties shall have the right to cross-examine witnesses and to present such evidence and witnesses as deemed appropriate.

6)

The student should be advised of his/her rights and the procedures to be followed during the hearing.

7)

The Administration’s burden is to prove the allegations against the student by a preponderance of the evidence.

c.

Expulsion Order

The Board shall reduce its decision to writing in the form of a written order. If expulsion is ordered, the order must state the length of time that the student is to be expelled. The order should also state specific findings of fact and conclusions of law in support of the decision (Form 5610 F8).

d.

Post-Hearing Procedures

The following post-hearing procedures shall be followed:

1)

If the Board orders the expulsion of the student, the School District clerk shall mail a copy of the order separately to the student and his/her parent(s) if the student is a minor; otherwise just to the student.

2)

If the student is expelled by the Board, the expelled student or, if the student is a minor, the student’s parent may appeal the Board's decision to the Wisconsin Department of Public Instruction.

3)

If the Board's decision is appealed to the Department of Public Instruction, within sixty (60) days after the date on which the Department receives the appeal, the Department shall review the decision and shall, upon review, approve, reverse, or modify the decision.

4)

The decision of the Board shall be enforced while the Department of Public Instruction reviews the Board's decision.

5)

An appeal from the decision of the Department of Public Instruction may be taken within thirty (30) days to the circuit court for the county in which the school is located.

4.

Alternative Expulsion Procedures

a.

The School Board may adopt a resolution, which is effective only during the school year in which it is adopted, authorizing any of the following to determine student expulsion from school under Section B(1) above instead of using the procedure described in Section B(3)(a) above:

1)

an independent hearing panel appointed by the School Board;

2)

an independent hearing officer appointed by the School Board.

b.

During any school year in which such a resolution is effective, the independent hearing officer or independent hearing panel appointed by the School Board:

1)

may expel a student from school whenever the hearing officer or panel finds that the student engaged in conduct that constitutes grounds for expulsion under Section B(1);

2)

shall commence proceedings described in Section B(3)(a) and expel a student from school for not less than one (1) year whenever that hearing officer or panel finds that the student engaged in conduct that constitutes grounds for expulsion under Section B(2). The School Board may modify this requirement on a case-by-case basis for an individual student.

c.

Prior to expelling a student, the hearing officer or panel shall hold a hearing:

1)

upon request of the student and, if the student is a minor, the student's parent; the hearing shall be closed;

2)

the student and, if the student is a minor, the student's parent may be represented at hearing by counsel;

3)

the hearing officer or panel shall keep a full record of the hearing;

4)

the hearing officer or panel shall inform each party of the right to complete record of proceeding;

5)

upon request, the hearing officer or panel shall direct that a transcript of the record be prepared and that a copy of the transcript be given to student and, if the student is a minor, the student's parent;

6)

upon the ordering by the hearing officer or panel of the expulsion of a student, the School District shall mail a copy of the order to the School Board, the student and, if the student is a minor, the student's parent;

7)

within thirty (30) days after the date on which the order is issued, the School Board shall review the expulsion order and shall, upon review, approve, reverse or modify the order;

8)

the order of the hearing officer or panel shall be enforced while the School Board reviews the order;

9)

the expelled student or, if the student is a minor, the student's parent may appeal the School Board's decision to the State Superintendent;

10)

if the School Board's decision is appealed to the State Superintendent, within sixty (60) days after the date on which the State Superintendent receives the appeal, the State Superintendent shall review the decision and shall upon review, approve, reverse or modify the decision;

11)

the decision of the School Board shall be enforced while the State Superintendent reviews the decision;

12)

an appeal from the decision of the State Superintendent may be taken within thirty (30) days to the circuit court of the county in which the school is located.

d.

Not less than five (5) days' written notice of the hearing shall be sent to the student and, if the student is a minor, separately to the student's parent. The notice shall state all of the following:

1)

the specific grounds and the particulars of the student's alleged conduct upon which the expulsion proceeding is based, pursuant to State Statute

2)

the time and place of the hearing

3)

that the hearing may result in the student's expulsion

4)

that, upon request of the student and, if the student is a minor, the student's parent, the hearing shall be closed

5)

that the student and, if the student is a minor, the student's parent may be represented at the hearing by counsel

6)

that the hearing officer or panel shall keep a full record of the hearing and, upon request, the hearing officer or panel shall direct that a transcript of the record be prepared and that a copy of the transcript be given to the student and, if the student is a minor, the student's parent

7)

that if the hearing officer or panel orders the expulsion of the student, the School District shall mail a copy of the order to the School Board, the student and, if the student is a minor, to the student's parent

8)

that within thirty (30) days of the issuance of an expulsion order the School Board shall review the order and shall, upon review, approve, reverse or modify the order

9)

that, if the student is expelled by the hearing officer or panel, the order of the hearing officer or panel shall be enforced while the School Board reviews the order

10)

that, if the student's expulsion is approved by the School Board, the expelled student or, if the student is a minor, the student's parent may appeal the School Board's decision to the Department of Public Instruction

11)

that if the School Board's decision is appealed to the department, within sixty (60) days after the date on which the department receives the appeal, the department shall review the decision and shall, upon review, approve, reverse or modify the decision

12)

that the decision of the School Board shall be enforced while the department reviews the School Board's decision

13)

that an appeal from the decision of the department may be taken within thirty (30) days to the circuit court for the county in which the school is located

14)

that the State Statutes related to student expulsion are Sections 119.25 and 120.13(1)

5.

Student Records

The student’s expulsion from school shall be entered in the student’s record as required by the rules adopted by the Board concerning the content of student records.

6.

Services During Expulsion

No school board is required to enroll a student during the term of his/her expulsion from another school district. Notwithstanding Sections 118.125 (2) and (4), if a student who has been expelled from one (1) school district seeks to enroll in another school district during the term of his/her expulsion upon request the school board of the former school district shall provide the school board of the latter school district with a copy of the expulsion findings and order, a written explanation of the reasons why the student was expelled and the length of the term of the expulsion.

7.

Conditional Early Reinstatement

"Early reinstatement" means the reinstatement to school of an expelled student before the expiration of the term of expulsion specified in the student's expulsion order.

"Early reinstatement condition" means a condition that a student is required to meet before s/he may be granted early reinstatement or a condition that a student is required to meet after his/her early reinstatement but before the expiration of the term of expulsion specified in the student's expulsion order.

a.

A School Board, independent hearing panel, or independent hearing officer may specify one (1) or more early reinstatement conditions in the expulsion order. Early reinstatement conditions must be related to the reasons for the student's expulsion.

b.

Conditional Early Reinstatement Appeal Rights

If the expulsion order is issued by an independent hearing panel or independent hearing officer:

1)

The student or the student's parent must be informed of their right to appeal the determination regarding whether an early reinstatement condition specified in the expulsion order is related to the reasons for the student's expulsion to the School Board. The appeal must be taken within fifteen (15) days of the issuance of the expulsion order by the independent hearing panel or officer.

2)

The decision of a school board regarding that determination is final and not subject to appeal.

c.

Satisfaction of Early Reinstatement Conditions

The District Administrator or his/her designee, who shall be someone other than a principal, administrator or teacher in the student's school, has sole discretion to determine whether a student has met the early reinstatement conditions that s/he is required to meet before s/he may be granted early reinstatement.

1)

If the District Administrator or designee determined the early reinstatement conditions have been met, s/he may grant the student early reinstatement.

2)

The determination of the District Administrator or designee regarding satisfaction of early reinstatement conditions is final.

d.

Early Reinstatement Revocation

If a student violates an early reinstatement condition that the student was required to meet after his/her early reinstatement but before the expiration of the term of expulsion, the District Administrator or a principal or teacher designated by the District Administrator may revoke the student's early reinstatement.

Revocation Process

Before revoking the student's early reinstatement, the District Administrator or his/her designee shall do all of the following:

1)

advise the student of the reason for the proposed revocation, including the early reinstatement condition alleged to have been violated

2)

provide the student an opportunity to present his/her explanation of the alleged violation

3)

make a determination that the student violated the early reinstatement condition and that revocation of the student's early reinstatement is appropriate

4)

if the District Administrator or designee revokes the student's early reinstatement, the district administrator or designee shall give prompt written notice of the revocation and the reason for the revocation, including the early reinstatement condition violated, to the student and, if the student is a minor, to the student's parent

e.

Term of Expulsion Following Revocation

If a student's early reinstatement is revoked the student's expulsion shall continue to the expiration of the term of the expulsion specified in the expulsion order unless the student or, if the student is a minor, the student's parent and the School Board, independent hearing panel or independent hearing officer agree, in writing, to modify the expulsion order.

f.

Revocation Decision Appeal Rights

Within five (5) school days after the revocation of a student's early reinstatement the student or, if the student is a minor, the student's parent may request a conference with the District Administrator or his/her designee, who shall be someone other than a principal, administrator or teacher in the student's school.

1)

If a conference is requested, it shall be held within five (5) school days following the request.

2)

If, after the conference, the District Administrator or his/her designee finds that the student did no violate an early reinstatement condition or that the revocation was inappropriate, the student shall be reinstated to school under the same reinstatement conditions as in the expulsion order and the early reinstatement revocation shall be expunged from the student's record.

3)

If the District Administrator or his/her designee finds that the student violated an early reinstatement condition and that the revocation was appropriate, s/he shall issue a written decision and mail separate copies of the decision to the student and, if the student is a minor, to the parent.

The decision of the Administrator or his/her designee is final as to an appeal of the decision to revoke early reinstatement.

C.

Referral to Criminal Justice or Juvenile Delinquency System

The District shall refer any student who brings a firearm (as defined in 18 U.S.C. 921(a)(3)) or a weapon to school to the criminal justice or juvenile delinquency system.

119.25, Wis. Stats.
120.13, Wis. Stats.
18 U.S.C. 921(a)(3)
20 U.S.C. 7151

© Neola 2012

	4.	Sending a Student Home on the Day of the Suspension

		Generally, the student should remain in school on the day of the suspension until school is dismissed for the day. Except as provided below, if the situation requires that the student be removed from the premises before school is dismissed, the principal shall attempt to contact the student’s parent to request that s/he pick up the student. If the parent is unable to pick up the student, the student should remain under the school’s supervision until school is dismissed, or in the event law enforcement is involved, under law enforcement supervision.

	5.	Opportunity to Complete School Work

		A suspended student shall not be denied the opportunity to take any quarterly, semester, or grading period examinations or to complete course work missed during the suspension period. Such work shall be completed pursuant to the procedures established by the Board.

	6.	Reference to the Suspension in the Student’s Record

		The student’s suspension from school shall be entered in the student’s record as required by the rules adopted by the Board concerning the content of student records.

		The suspended student or the student's parent may, within five (5) school days following the commencement of the suspension, have a conference with the District Administrator or his/her designee, who shall be someone other than a principal, administrator, or teacher in the suspended student’s school, to discuss removing reference to the suspension from the student’s records.


		Reference to the suspension in the student’s school record shall be removed if the District Administrator finds that:

		a.	the student was suspended unfairly or unjustly;

		b.	the suspension was inappropriate, given the nature of the alleged offense; or

		c.	the student suffered undue consequences or penalties as a result of the suspension.

		The District Administrator, shall make his/her finding within fifteen (15) days of the conference.

	7.	Co-Curricular or Extra-Curricular

		A student's participation in co-curricular or extra-curricular activities during a suspension shall be determined on a case-by-case basis.

B.	Expulsion

	1.	Grounds for Expulsion

		The Board may expel a student only when it is satisfied that the interest of the school demands the student’s expulsion and it finds that the student:

		a.	repeatedly refused or neglected to obey the rules established by the School District;

		b.	knowingly conveyed or caused to be conveyed any threat or false information concerning an attempt or alleged attempt being made or to be made to destroy any school property by means of explosives;

		c.	engaged in conduct while at school or while under the supervision of a school authority that endangered the property, health, or safety of others;


	d.	engaged in conduct while not at school or while not under the supervision of a school authority that endangered the property, health, or safety of others at school or under the supervision of a school authority or endangered the property, health, or safety of any employee or Board member of the School District in which the student is enrolled; or

	e.	was at least sixteen (16) years old and had repeatedly engaged in conduct while at school or while under the supervision of a school authority that disrupted the ability of school authorities to maintain order or an educational atmosphere at school or at an activity supervised by a school authority and that such conduct did not otherwise constitute grounds for expulsion.

	Under this section, conduct that endangers a person or property includes threatening the health or safety of a person or threatening to damage property.

2.	Expulsion for Bringing a Firearm to School or for Possessing a Firearm at School

	The Board shall expel a student from school for not less than one (1) year whenever it finds that the student brought a firearm to school or, while at school or while under the supervision of a school authority, possessed a firearm, as defined in 18 U.S.C. 921(a)(3), unless the Board finds that the punishment should be reduced based upon the circumstances of the incident. Any such finding by the Board shall be in writing.

3.	Expulsion Hearing

	Prior to expelling a student, the Board shall provide the student with a hearing.

	a.	Notice of the Hearing

		Prior written notice of the expulsion hearing must be sent separately both to the student and his/her parent(s) if the student is a minor; otherwise just to the student.

		The notice must be sent at least five (5) days prior to the date of hearing. In counting the number of days, the day the notice is sent is excluded.

		The notice must include the following information:

		1)	the specific grounds upon which the expulsion proceeding is based, pursuant to State Statute

		2)	the particulars of the student’s alleged conduct, including the approximate date and location of the conduct

		3)	the time and place of the hearing

		4)	that the Board will keep written minutes of the hearing

		5)	that the hearing may result in the student’s expulsion

		6)	that the student's, or the student's parent if the student is a minor, have the right to request a closed hearing or the Board may choose to close the hearing under Wis. Stat. section 19.85(1)(f)


		7)	that the student and, if the student is a minor, the student’s parent may be represented at the hearing by counsel

		8)	that the administration intends to present witnesses at the hearing with knowledge of the alleged conduct

		9)	that the parties shall have the right to cross-examine witnesses and to present such evidence and witnesses as deemed appropriate

		10)	that in considering whether to expel the student, and if so, for what period of time, the Board may also consider the student’s complete disciplinary and academic records

			These student records are available for the student and parent to review as outlined in Sec. 118.125, Wis. Stats.

		11)	if the student is expelled, the Board will determine the length of the expulsion period, which may extend at a maximum to the student’s 21^st birthday

		12)	if the Board orders the expulsion of the student, the School District clerk shall mail a copy of the order to the student and, if the student is a minor, to the student’s parent

		13)	if the student is expelled by the Board, the expelled student or, if the student is a minor, the student’s parent may appeal the Board's decision to the Wisconsin Department of Public Instruction

	14)	if the Board's decision is appealed to the Department of Public Instruction, within sixty (60) days after the date on which the Department receives the appeal, the Department shall review the decision and shall, upon review, approve, reverse, or modify the decision

	15)	the decision of the Board shall be enforced while the Department of Public Instruction reviews the Board's decision

	16)	an appeal from the decision of the Department of Public Instruction may be taken within thirty (30) days to the circuit court for the county in which the school is located

	17)	the State statutes related to student expulsion are Secs. 119.25 and 120.13 (1), Wis. Stats.

	(Form 5610 F6 and Form 5610 F7)

b.	Hearing Procedures

	The procedures for the expulsion hearing shall be as follows:

	1)	The hearing shall be closed.

	2)	The student and, if the student is a minor, the student’s parent may be represented at the hearing by counsel.

	3)	A quorum of the Board shall be present at the hearing.

	4)	The Board shall keep written minutes of the hearing.

	5)	The parties shall have the right to cross-examine witnesses and to present such evidence and witnesses as deemed appropriate.

	6)	The student should be advised of his/her rights and the procedures to be followed during the hearing.

	7)	The Administration’s burden is to prove the allegations against the student by a preponderance of the evidence.

c.	Expulsion Order

	The Board shall reduce its decision to writing in the form of a written order. If expulsion is ordered, the order must state the length of time that the student is to be expelled. The order should also state specific findings of fact and conclusions of law in support of the decision (Form 5610 F8).

d.	Post-Hearing Procedures

	The following post-hearing procedures shall be followed:

	1)	If the Board orders the expulsion of the student, the School District clerk shall mail a copy of the order separately to the student and his/her parent(s) if the student is a minor; otherwise just to the student.

	2)	If the student is expelled by the Board, the expelled student or, if the student is a minor, the student’s parent may appeal the Board's decision to the Wisconsin Department of Public Instruction.

	3)	If the Board's decision is appealed to the Department of Public Instruction, within sixty (60) days after the date on which the Department receives the appeal, the Department shall review the decision and shall, upon review, approve, reverse, or modify the decision.

		4)	The decision of the Board shall be enforced while the Department of Public Instruction reviews the Board's decision.

		5)	An appeal from the decision of the Department of Public Instruction may be taken within thirty (30) days to the circuit court for the county in which the school is located.

4.	Alternative Expulsion Procedures

	a.	The School Board may adopt a resolution, which is effective only during the school year in which it is adopted, authorizing any of the following to determine student expulsion from school under Section B(1) above instead of using the procedure described in Section B(3)(a) above:

		1)	an independent hearing panel appointed by the School Board;

		2)	an independent hearing officer appointed by the School Board.

	b.	During any school year in which such a resolution is effective, the independent hearing officer or independent hearing panel appointed by the School Board:

		1)	may expel a student from school whenever the hearing officer or panel finds that the student engaged in conduct that constitutes grounds for expulsion under Section B(1);

	2)	shall commence proceedings described in Section B(3)(a) and expel a student from school for not less than one (1) year whenever that hearing officer or panel finds that the student engaged in conduct that constitutes grounds for expulsion under Section B(2). The School Board may modify this requirement on a case-by-case basis for an individual student.

c.	Prior to expelling a student, the hearing officer or panel shall hold a hearing:

	1)	upon request of the student and, if the student is a minor, the student's parent; the hearing shall be closed;

	2)	the student and, if the student is a minor, the student's parent may be represented at hearing by counsel;

	3)	the hearing officer or panel shall keep a full record of the hearing;

	4)	the hearing officer or panel shall inform each party of the right to complete record of proceeding;

	5)	upon request, the hearing officer or panel shall direct that a transcript of the record be prepared and that a copy of the transcript be given to student and, if the student is a minor, the student's parent;

	6)	upon the ordering by the hearing officer or panel of the expulsion of a student, the School District shall mail a copy of the order to the School Board, the student and, if the student is a minor, the student's parent;

	7)	within thirty (30) days after the date on which the order is issued, the School Board shall review the expulsion order and shall, upon review, approve, reverse or modify the order;

	8)	the order of the hearing officer or panel shall be enforced while the School Board reviews the order;

	9)	the expelled student or, if the student is a minor, the student's parent may appeal the School Board's decision to the State Superintendent;

	10)	if the School Board's decision is appealed to the State Superintendent, within sixty (60) days after the date on which the State Superintendent receives the appeal, the State Superintendent shall review the decision and shall upon review, approve, reverse or modify the decision;

	11)	the decision of the School Board shall be enforced while the State Superintendent reviews the decision;

	12)	an appeal from the decision of the State Superintendent may be taken within thirty (30) days to the circuit court of the county in which the school is located.

d.	Not less than five (5) days' written notice of the hearing shall be sent to the student and, if the student is a minor, separately to the student's parent. The notice shall state all of the following:

	1)	the specific grounds and the particulars of the student's alleged conduct upon which the expulsion proceeding is based, pursuant to State Statute

	2)	the time and place of the hearing

	3)	that the hearing may result in the student's expulsion

	4)	that, upon request of the student and, if the student is a minor, the student's parent, the hearing shall be closed

	5)	that the student and, if the student is a minor, the student's parent may be represented at the hearing by counsel

	6)	that the hearing officer or panel shall keep a full record of the hearing and, upon request, the hearing officer or panel shall direct that a transcript of the record be prepared and that a copy of the transcript be given to the student and, if the student is a minor, the student's parent

	7)	that if the hearing officer or panel orders the expulsion of the student, the School District shall mail a copy of the order to the School Board, the student and, if the student is a minor, to the student's parent

	8)	that within thirty (30) days of the issuance of an expulsion order the School Board shall review the order and shall, upon review, approve, reverse or modify the order

	9)	that, if the student is expelled by the hearing officer or panel, the order of the hearing officer or panel shall be enforced while the School Board reviews the order


		10)	that, if the student's expulsion is approved by the School Board, the expelled student or, if the student is a minor, the student's parent may appeal the School Board's decision to the Department of Public Instruction

		11)	that if the School Board's decision is appealed to the department, within sixty (60) days after the date on which the department receives the appeal, the department shall review the decision and shall, upon review, approve, reverse or modify the decision

		12)	that the decision of the School Board shall be enforced while the department reviews the School Board's decision

		13)	that an appeal from the decision of the department may be taken within thirty (30) days to the circuit court for the county in which the school is located

		14)	that the State Statutes related to student expulsion are Sections 119.25 and 120.13(1)

5.	Student Records

	The student’s expulsion from school shall be entered in the student’s record as required by the rules adopted by the Board concerning the content of student records.

6.	Services During Expulsion

	No school board is required to enroll a student during the term of his/her expulsion from another school district. Notwithstanding Sections 118.125 (2) and (4), if a student who has been expelled from one (1) school district seeks to enroll in another school district during the term of his/her expulsion upon request the school board of the former school district shall provide the school board of the latter school district with a copy of the expulsion findings and order, a written explanation of the reasons why the student was expelled and the length of the term of the expulsion.

7.	Conditional Early Reinstatement

	"Early reinstatement" means the reinstatement to school of an expelled student before the expiration of the term of expulsion specified in the student's expulsion order.

	"Early reinstatement condition" means a condition that a student is required to meet before s/he may be granted early reinstatement or a condition that a student is required to meet after his/her early reinstatement but before the expiration of the term of expulsion specified in the student's expulsion order.

	a.	A School Board, independent hearing panel, or independent hearing officer may specify one (1) or more early reinstatement conditions in the expulsion order. Early reinstatement conditions must be related to the reasons for the student's expulsion.


b.	Conditional Early Reinstatement Appeal Rights

	If the expulsion order is issued by an independent hearing panel or independent hearing officer:

	1)	The student or the student's parent must be informed of their right to appeal the determination regarding whether an early reinstatement condition specified in the expulsion order is related to the reasons for the student's expulsion to the School Board. The appeal must be taken within fifteen (15) days of the issuance of the expulsion order by the independent hearing panel or officer.

	2)	The decision of a school board regarding that determination is final and not subject to appeal.

c.	Satisfaction of Early Reinstatement Conditions

	The District Administrator or his/her designee, who shall be someone other than a principal, administrator or teacher in the student's school, has sole discretion to determine whether a student has met the early reinstatement conditions that s/he is required to meet before s/he may be granted early reinstatement.

	1)	If the District Administrator or designee determined the early reinstatement conditions have been met, s/he may grant the student early reinstatement.

	2)	The determination of the District Administrator or designee regarding satisfaction of early reinstatement conditions is final.

d.	Early Reinstatement Revocation

	If a student violates an early reinstatement condition that the student was required to meet after his/her early reinstatement but before the expiration of the term of expulsion, the District Administrator or a principal or teacher designated by the District Administrator may revoke the student's early reinstatement.

	Revocation Process

	Before revoking the student's early reinstatement, the District Administrator or his/her designee shall do all of the following:

	1)	advise the student of the reason for the proposed revocation, including the early reinstatement condition alleged to have been violated

	2)	provide the student an opportunity to present his/her explanation of the alleged violation

	3)	make a determination that the student violated the early reinstatement condition and that revocation of the student's early reinstatement is appropriate

	4)	if the District Administrator or designee revokes the student's early reinstatement, the district administrator or designee shall give prompt written notice of the revocation and the reason for the revocation, including the early reinstatement condition violated, to the student and, if the student is a minor, to the student's parent

e.	Term of Expulsion Following Revocation

	If a student's early reinstatement is revoked the student's expulsion shall continue to the expiration of the term of the expulsion specified in the expulsion order unless the student or, if the student is a minor, the student's parent and the School Board, independent hearing panel or independent hearing officer agree, in writing, to modify the expulsion order.

f.	Revocation Decision Appeal Rights

	Within five (5) school days after the revocation of a student's early reinstatement the student or, if the student is a minor, the student's parent may request a conference with the District Administrator or his/her designee, who shall be someone other than a principal, administrator or teacher in the student's school.

	1)	If a conference is requested, it shall be held within five (5) school days following the request.

	2)	If, after the conference, the District Administrator or his/her designee finds that the student did no violate an early reinstatement condition or that the revocation was inappropriate, the student shall be reinstated to school under the same reinstatement conditions as in the expulsion order and the early reinstatement revocation shall be expunged from the student's record.

		3)	If the District Administrator or his/her designee finds that the student violated an early reinstatement condition and that the revocation was appropriate, s/he shall issue a written decision and mail separate copies of the decision to the student and, if the student is a minor, to the parent.

		The decision of the Administrator or his/her designee is final as to an appeal of the decision to revoke early reinstatement.

C.	Referral to Criminal Justice or Juvenile Delinquency System

	The District shall refer any student who brings a firearm (as defined in 18 U.S.C. 921(a)(3)) or a weapon to school to the criminal justice or juvenile delinquency system.