|Orchard View School District|
|Bylaws & Policies|
5610 - SUSPENSION AND EXPULSION OF NONDISABLED STUDENTS
The Board of Education recognizes that exclusion from the educational programs of the District, whether by suspension or expulsion, is the most severe sanction that can be imposed on a student in this District and one that cannot be imposed without due process since exclusion deprives a child of the right to an education.
For purposes of this policy, "suspension" shall be the short-term (not more than ten (10) days) or long-term exclusion of a student from a regular District program.
Such suspension may take place within as well as outside the District facilities.
"Expulsion" shall be the permanent exclusion of a student from the schools of this District. No student below the age of sixteen (16) should be expelled without notification of expulsion being given to the juvenile division of the Probate Court. Any student who brings a firearm to school shall be expelled for a period of time consistent with Federal and State law. The Superintendent shall ensure that a copy of this policy is sent to the State Department of Education as well as a description of the circumstances surrounding any expulsions for the above-stated firearms offense together with the name of the school, the number of students so expelled, and the types of weapons that were brought on District property. In addition, the Superintendent shall refer any student expelled for possession of a firearm to the criminal justice or juvenile delinquency system serving the District, as required by law.
No student, otherwise eligible for attendance, shall be excluded from a District program unless that student has substantially interfered with the maintenance of good order or unless it is necessary to protect that student's or other students' physical or emotional safety and well-being.
A student may be given a short-term suspension by the Superintendent or the principal or director. The Board designates the Superintendent as its representative at any hearings regarding the appeal of a suspension.
The Superintendent may recommend to the Board a long-term suspension or that a student be expelled.
In all cases, appropriate due process rights described in Policy 5611 must be observed. The Superintendent and principal/Board shall check to make sure the student is not classified as disabled under Section 504.
The Superintendent shall develop administrative guidelines to implement this policy which shall include:
|A.||promulgation of standards of behavior to all students in accordance with Board policy on student discipline;|
|B.||procedures that ensure due process;|
|C.||provision for make-up work at home, when appropriate;|
|D.||regulations regarding student records which require that:|
|1.||all records of suspension be expunged if a student is found innocent of charges made against him/her;|
|2.||records of disciplinary suspension be expunged in accordance with Board policy on student records.|
|E.||a provision that any student who brings a firearm to school is to be expelled for at least one (1) year unless the Superintendent reduces the punishment for reasons justified by the particular circumstances of the incident.|
M.C.L.A. 380.1311, 380.1301
20 U.S.C. 3351