| Southern Local School District |
| Administrative Guidelines |
5610 - REMOVAL, SUSPENSION, AND EXPULSION
The following administrative guidelines should be followed to provide a fair hearing for each student charged with an offense leading to emergency removal, suspension, or expulsion.
| A. | Emergency Removal | |
| A student may be removed or excluded from a classroom or a school when s/he poses a continuing danger to persons or property or represents an on-going threat of disrupting the educational process taking place in the classroom or the school premises. Such removal may be for a period of less than twenty-four (24) hours without being subject to suspension and expulsion procedures. | ||
| If a member of the school faculty removes a student, under his/her supervision, from a classroom or activity, s/he must submit to the principal written reasons for the removal as soon as practicable. If the principal should reinstate the student prior to a hearing following the removal, s/he shall provide the faculty member with written reasons for the reinstatement, if the staff member request the reasons. | ||
| As soon as practicable after a removal in excess of twenty-four (24) clock hours but within three (3) days, a hearing must be held by the principal. The person who caused, ordered, or requested the removal must be present. | ||
| Written notice must be provided to the student as soon as practicable prior to the hearing. If the probable outcome of the hearing is suspension, the hearing procedures applicable to a suspension must be applied. If the probable outcome is expulsion of the student, the hearing procedures applicable to an expulsion must be followed. | ||
| B. | Suspension | |
| The principal may impose a suspension not to exceed ten (10) days duration. |
| 1. | Preliminary Hearing | ||
| No student is to be suspended without a hearing unless a clear and present danger exists, or it is otherwise impossible or unreasonably difficult to hold such hearing. In such instances, the necessary written notice (see Expulsion) and hearing shall follow as soon as practicable. | |||
| The principal shall provide the student with a written notice of the charge(s) against him/her and shall provide a hearing for the student before a suspension is ordered so that the student has a full opportunity to state why s/he should not be suspended. The student's parents may be informed of the charges and the preliminary hearing if the principal so chooses. The hearing shall be held on the day of the alleged infraction or as soon thereafter as possible if an emergency prohibits an immediate hearing. | |||
| Within one (1) school day after the suspension, the principal shall notify, in writing, both the parents and the Treasurer. Such notification is to include the reason for the suspension, and the right to appeal, to have representation, and to hold the appeal hearing in a private session with the principal. | |||
| 2. | Appeal | ||
| Suspensions of one (1) school day or less will not be subject to appeal. Suspension of more than one (1) school day but not more than ten (10) school days may be appealed to the Superintendent within ten (10) days of the parent's receipt of the written suspension notice. The written appeal must contain the reason(s) that the suspension is being appealed. |
| a. | The student may be reinstated during the appeal process unless it is determined that the student's attendance would jeopardize the safety of others. | |||
| b. | Upon review, the Superintendent may uphold the suspension, establish an alternative suspension of lesser severity, or reverse the suspension in its entirety. The review may include, but not be limited to, a meeting with the parent if, in the principal's opinion, this is appropriate. | |||
| c. | The Superintendent shall reach the decision and inform the parent in writing within twenty-four (24) hours of the hearing. |
| 3. | Responsibility for School Work |
| a. | For an in-school suspension, credit will be given for all classroom assignments that can be completed during the in-school suspension or as homework. | |||
| b. | In accordance with Board policy, credit will be given for work missed due to out-of-school suspension, provided the student completes and submits all required assignments upon return to school. | |||
| c. | Failures may be given for any classroom work that cannot be attended such as laboratories or skill sessions. |
| 4. | Student's Records | ||
| A record of the student's out-of-school suspension may be kept until the end of the school year but may not be made part of the permanent record. Days of absence shall be noted in the student's permanent attendance record as an authorized, unexcused absence. |
| C. | Expulsion | |
| Expulsion is the removal of a student from the schools of this District for a period not to exceed the greater of eighty (80) school days or the number of school days remaining in the semester or term in which the incident that gave rise to the expulsion takes place. If at the time of the expulsion, there are fewer school days than the number of days of expulsion, the Superintendent has the option to apply the remaining period of expulsion to the following semester or school year, or impose a community service requirement beyond the end of the school year in lieu of applying the suspension or expulsion into the next school year. |
| 1. | Documentation | ||
| If, in the principal's opinion, the alleged infraction may warrant expulsion, s/he shall, as soon as practicable after the infraction, refer the case to the Superintendent and submit the following documentation. |
| a. | the rule(s) alleged to have been violated | |||
| b. | the charges against the student | |||
| c. | approximate date of the violation | |||
| d. | recommendation(s) for expulsion | |||
| e. | copy of the removal | |||
| f. | chronology of disciplinary/corrective actions and witness statements | |||
| g. | written notice to parents within one (1) day after removal |
|
The Superintendent shall review the documents for accuracy and completeness and schedule a hearing not earlier than three (3) nor later than five (5) days after proper written notice has been provided to the parents by means of certified mail. |
| 2. | Hearing Notice | ||
| The notice shall contain: |
| a. | the rule(s) alleged to have been violated; | |||
| b. | the charges against the student; | |||
| c. | approximate date of the violation; | |||
| d. | the time and place for the hearing; | |||
| e. | a statement of the student's and parents' prehearing rights: |
| 1) | to review written statements about the alleged misconduct; | ||||
| 2) | to review the student's records; | ||||
| 3) | to request a delay in the hearing of up to three (3) school days. |
| f. | a statement of the student's hearing rights: |
| 1) | to a representative; | ||||
| 2) | to a translator; | ||||
| 3) | to appear in his/her own behalf and for parents or guardians to appear; | ||||
| 4) | to produce witnesses and present evidence on his/her behalf; | ||||
| 5) | to a recorded transcript of the hearing. |
| 3. | Hearing | ||
| The hearing shall be held before the Superintendent or the person s/he authorizes. The student and his/her parents or representative shall be given the charges and the opportunity to defend against such charges. | |||
| 4. | Waiver | ||
| It is the student's prerogative to waive his/her right to a formal hearing. This waiver is to be in writing and signed by both student and parents. The signatures should be witnessed. Additionally, the student can constructively waive the hearing by simply not availing himself/herself of the opportunity for it, but such waiver cannot be construed before the passage of a considerable period of time, since it operates to close off the student's rights. | |||
| 5. | Notice of Expulsion | ||
| Within one (1) school day after the student's expulsion, the Superintendent shall notify, in writing, the student's parents and the Treasurer of the reasons for the expulsion, the right to appeal the decision to the Board or its designee within ten (10) days after receipt of the notice, the right to be represented in the appeal proceedings, and the right to request the appeal be conducted in executive session. | |||
| The notification must also include the right to appeal to the Court of Common Pleas having jurisdiction in the District. | |||
| If the student involved is sixteen (16) or older and the expulsion is for a violation of the Code of Conduct which allows for permanent exclusion, the notice must also include the language "In accordance with State law, the student may be subject to permanent exclusion from the schools of this District." Such proceedings shall be conducted in accordance with R.C. 3311.66, R.C. 3311.661, and R.C. 3311.662 (See AG 5610.01) |
| D. | Disabled Students | |
| In accordance with Board Policy 2465, a student in Special Education or those disabled under 504 must be referred to an IEP Team to determine if the behavior is related to the disability. Its decision will determine the appropriate next steps the District must take. | ||
| E. | Alternatives to Suspension or Expulsion | |
| Based on the evidence presented at the hearing, the following alternatives may be explored: |
| 1. | In-School Suspension and/or Saturday School (see AG 5610.02) | ||
| 2. | Assignment to Community Service | ||
| A student may be placed in community service in conjunction with or in place of a suspension or expulsion in accordance with a plan developed by the principal, approved by the Superintendent, and published in the Student Code of Conduct. Such a plan must meet the following conditions: |
| a. | The misbehavior was not drug-related or an act of violence against a person. | |||
| b. | The service is provided to one or more departments or schools in the District or one of the following organizations or agencies located in the District: |
| 1) | a department of government | ||||
| 2) | a hospital or nursing home | ||||
| 3) | a senior citizen or child care center | ||||
| 4) | a church | ||||
| 5) | a charity |
| c. | When applicable, the service provides restitution for damages created by the student's misconduct. | |||
| d. | The agency, or if the service is to be provided to the District, a staff member, agrees: |
| 1) | to inform the principal of the tasks the student will be asked to perform; | ||||
| 2) | provide appropriate supervision; | ||||
| 3) | assume responsibility for the safety and welfare of the student; | ||||
| 4) | submit a periodic progress report as to the student's behavior and quality of service. |
Revised 3/25/91
Revised 11/18/91
Revised 6/93