|
Suspension is exclusion from school for a period of from one to ten
consecutive school days. Suspensions may not be made to
run consecutively beyond ten school days. Suspensions may be given
by the principal or the person in charge of the school building.
The parents and the
superintendent are suppose to be notified immediately when a student
is suspended. In any event, no student shall be suspended
until the student has been informed of the reasons for the suspension
and given the opportunity to respond.
When the suspension exceeds three school days, the student and parents
are given the opportunity for an informal hearing with the
building principal so that the reasons for the suspension
may be discussed. While on suspension, students have the responsibility
to make up exams and work missed and the students must be
given this opportunity.
Expulsion is exclusion from school for a period exceeding ten days
and expulsion may be for the duration of the entire school
year or may be permanent. All expulsions require a formal due
process hearing before the school board, a committee of the board,
or a hearing officer appointed by
the board.
There are special rules that apply to students who are defined as
exceptional, that is need of special education services. For any
exclusion from school in excess of ten days consecutively, or fifteen
days during the school year, the multi-disciplinary evaluation is
required to consider whether the student's conduct is related to his or her exceptionality. If
so, the multi-disciplinary team must determine if the conduct
can be appropriately addressed through an alteration in the special
education program for the student. In the case of mentally
retarded students, any exclusion from school is considered
a change in placement invoking the procedural safeguards for exceptional
students. In the case of exceptional students, no suspension or expulsion can
take place unless the parents consent or until after a special
education due process hearing takes place to consider the relationship
between the conduct and the student's exceptionality. In cases involving
weapons or drugs, the district superintendent may order an immediate
alternative placement for the student for no more
than 45 school days.
The due process rights include a written notification of the charges,
the names of the persons who will testify against the student,
copies of any statements of those witnesses, the right to counsel,
the right to cross examine witnesses, and the right to present testimony
and witnesses on the student’s behalf. A record must be kept of the proceeding by
either stenographer or tape recorder. The student is entitled
to a copy of the transcript at the student’s
expense.
While the time limits relating to suspension and expulsion ordinarily
must be followed, if the student's presence in a normal
class would constitute a threat to the health, safety, morals or
welfare of other, the time limits can be extended but not unreasonably.
If a student is expelled and if the student is less than seventeen
years of age, the student is still subject to the
compulsory school attendance laws. The initial responsibility for
providing the required education rests with an expelled student's parents or
guardians, but if the parents or
guardians are unable to provide for the required education they
must, within thirty days, notify the school district
in writing and it then becomes the responsibility of the school
district to make some provision for the student's
education. In such cases the education which is ordinarily offered
is home tutoring.
If you need an attorney and don't have one, the Lawyer Referral and Information Service can help.
Call Us Monday - Friday from 8:30 AM - Noon and 1:15 PM - 3:00 PM
at (814) 459-4411. |
