5000 Students
5400 Student Discipline
5420 Suspension - Expulsion and Denial of Admission
A. Procedure for suspension of 10 days or less
Through written policy the Board of Education has delegated to any school principal the power to suspend a student for not more than five or 10 days, depending upon the type of infraction. Pursuant to policy 5420, the Superintendent has been delegated the power to suspend a student for additional periods of time. However, the total period of suspension will not exceed 25 school days. As a general rule, a suspension will be 10 days or less.
The following procedures will be followed in any suspension, unless the student is suspended pending an expulsion proceeding, in which case the expulsion procedures will apply.
When the term "parent/guardian" is used, it refers to the parent/guardian of students under 18 years of age; if the student is 18 years or older, it refers to the student. All references to parent/guardian are intended to also include legal custodian.
As an alternative to suspension, the principal or designee at personal discretion may permit the student to remain in school with the consent of the student’s teachers if the parent/guardian attends class with the student for a period of time specified by the principal or designee. If the parent/guardian does not agree or fails to attend class with the student, the student shall be suspended in accordance with the accompanying regulations.
This alternative to suspension shall not be used if expulsion proceedings have been or are about to be initiated or if the principal or designee determines that the student’s presence in school, even if accompanied by a parent/guardian, would be disruptive to the operations of the school or be detrimental to the learning environment.
1. Notice. The principal, designee or the superintendent at the time of contemplated action will give the student and the parent/guardian notice of the contemplated action. Such notice may be oral or in writing. If oral, such notice will be given in person. If written, delivery may be by United States mail addressed to the last known address of the student or student’s parent/guardian.
2. Contents of notice. The notice will contain a statement of the charges against the student and the basis of the allegation.
This information need not be set out formally but should sufficiently inform the student and parent/guardian of the basis for the contemplated action.
3. Informal hearing. In an informal setting, the student will be given an opportunity to admit or deny the accusation and to give his or her version of the events. The administrator may hold a more extensive hearing in order to gather relevant information prior to making a decision on the contemplated action.
4. Timing. The notice and informal hearing should precede removal of the student from school. There need be no delay between the time notice is given and the time of the hearing.
5. If the student's presence in school presents a danger. Notice and an informal hearing need not be given prior to removal from school where a student's presence poses a continuing danger to persons or property or an ongoing threat of disrupting the academic process. In this case, an informal hearing will follow as soon after the student’s removal as practicable.
6. Notification following suspension. If a student is suspended, the administrator delegated the authority to suspend will immediately notify the parent/guardian that the student has been suspended, the grounds for such suspension and the period of such suspension. The notification will include the time and place for the parent/guardian to meet with the administrator to review the suspension.
7. Removal from school grounds. A suspended student must leave the school building and the school grounds immediately after the parent/guardian and administrator have determined the best way to transfer custody of the student to the parent/guardian.
8. Appeal to Superintendent. A person directly affected by a suspension from the principal shall have the right to take the matter to the Superintendent for his/her review.
9. Readmittance. No student will be readmitted to school until the meeting with the parent/guardian has taken place or until, in the opinion of the administrator, the parent/guardian has substantially agreed to review the suspension with the administrator. However, if the administrator cannot contact the parent/guardian or if the parent/guardian repeatedly fails to appear for scheduled meetings, the administrator may readmit the student. The meeting will address whether there is a need to develop a remedial discipline plan for the student in an effort to prevent further disciplinary action.
10. Make-up work. Suspended students will be provided an opportunity to make up school work during the period of suspension, so the student is able to reintegrate into the educational program of the district following the period of suspension.
B. Procedure for expulsion or denial of admission
1. Administrator’s Report. Should an administrator believe that a student should be expelled or denied admission he/she shall submit a written report of the facts and circumstances involved and the reasons why he/she feels this course of action is necessary. The statement shall be submitted to the Superintendent.
1. Notice. Upon receipt of the administrator’s report the Superintendent shall immediately notify the parents or guardians of the student of the filing of such report and will cause written notice of such proposed action to be delivered to the student and the student’s parent/guardian. Said notification shall be mailed certified mail, return receipt requested.
2. Contents of Notice. The notice will contain the following basic information:
a. A statement of the basic reasons alleged for the contemplated denial of admission or expulsion.
b. A statement that a hearing on the question of expulsion or denial of admission will be held if requested by the student or parent/guardian within 5 days after the date of the notice.
c. A statement of the date, time and place of the hearing in the event one is requested.
d. A statement that the student may be present at the hearing and hear all information against him or her, that the student will have an opportunity to present such information as is relevant and that the student may be accompanied and represented by a parent/guardian and an attorney.
e. A statement that failure to participate in such hearing constitutes a waiver of further rights in the matter.
4. Conduct of hearing. A hearing may be requested by the parent/guardian. Such hearing will be conducted by the Superintendent and includes the administrator recommending expulsion, the student, the parent/guardian and, if requested, an attorney.
Technical rules of evidence will not be applicable, and the Superintendent may consider and give appropriate weight to such information or evidence he or she deems appropriate. The student’s written statement, if any, may be presented as evidence in accordance with applicable law. The student or representative may question individuals presenting information. A sufficient record of the proceedings will be kept.
The Superintendent will prepare specific factual findings and issue a written decision within five days after the hearing.
5. Appeal. The Superintendent will advise the student, his/her parent or guardian that they may request a hearing before the board. Said request must be made in writing and must be tendered to the Secretary of the Board within ten (10) days from and after the date of receipt of such notification. Failure to request an appeal within 10 days will result in a waiver of the right to appeal and the Superintendent’s decision will become final.
If an appeal is properly requested, the Board will review the record concerning the expulsion. The record includes notices and other documents concerning the suspension and expulsion, the transcript of the testimony, if any, the hearing exhibits, the findings and recommendation of the Superintendent, the Superintendent’s written decision, and other documents concerning the expulsion. The student may be represented by counsel at the appeal. Representatives of the district and the parents may make brief statements to the Board, but no new evidence may be presented unless such evidence was not reasonably discoverable at the time of the hearing. Members of the Board may ask questions for purposes of clarification of the record.
The Board will make final determination regarding the expulsion of the student and will inform the student and his parent/guardian of the right to judicial review.
6. Parental responsibility. Upon expelling a student, district personnel will provide information to the student’s parent/guardian concerning the educational alternatives available to the student during the period of expulsion, including the right to request that the district provide services during the expulsion. If the parent/guardian chooses to provide a home-based education program for the student, district personnel will assist the parent/guardian in obtaining appropriate curricula for the student if requested by the parent/guardian.
If a student is expelled for the remainder of the school year, the school district will contact the expelled student’s parent/guardian at least once every 60 days until the beginning of the next school year to determine whether the child is receiving educational services. District personnel need not contact the parent/guardian after the student is enrolled in another school district or in an independent or parochial school, or if the student is committed to the department of human services or sentenced to a juvenile or adult detention facility.
7. Readmittance. A student who has been expelled shall be prohibited from enrolling or reenrolling in the same school in which the victim of the offense or member of the victim’s immediate family is enrolled or employed when:
a. the expelled student was convicted of a crime, adjudicated a juvenile delinquent, received a deferred judgment or was placed in a diversion program as a result of committing the offense for which the student was expelled;
b. there is an identifiable victim of the expelled student’s offense; and
If the district has no actual knowledge of the name of the victim, the expelled student shall be prohibited from enrolling or reenrolling only upon request of the victim or a member of the victim’s immediate family.
No student will be readmitted to school until after a meeting between the principal or designee and the parent/guardian has taken place and a reentry plan has been completed.
Adopted: 3/24/05
Moffat County School District RE-1 Regulation 5420