SUSPENSION OF STUDENTS

 

The authority to suspend for a "short term" and to propose an "extended term" suspension and/or expulsion is delegated to the principal or his or her designee. A short-term suspension shall mean the exclusion of a student from school attendance for a period not to exceed five school days. A long-term suspension means the exclusion of a student from school attendance for a period exceeding five school days but less than twenty school days.

 

The provisions of this section apply to all pupils enrolled in the school district. When considering possible courses of action for special education students in regard to alleged violations of school rules, policies, and regulations, procedural due process rights guaranteed under applicable Federal and State statues are applicable. The school district is obligated to see that every special education student is provided an appropriate educational program without cost to the parent. Conversely, schools are not required to maintain pupils who are a danger to themselves or others in regular attendance centers.

 

Suspension from classes or school will not be carried out unless the student while subject to school authority:

1.      uses violence, force, threat or intimidation in a manner causing substantial interference with school purposes; or

2.      causes or attempts to cause substantial damage to school or private property or steals or attempts to steal school or private property of substantial value; or

3.      causes or attempts to cause physical injury to another person except in self‑defense; or threatens or intimidates any student for the purpose or intent of obtaining something of value from the student; or

4.      possesses or transmits any firearm, knife, explosive or other dangerous object that is ordinarily considered a weapon; or

5.      without medical sanction where prescription substances are in question, possesses, uses, transmits, or is under the influence of any narcotic drug, hallucinogenic drug, amphetamine, barbiturate, marijuana, alcoholic beverages, or any other controlled substance; or

6.      commits public indecency as defined in Nebraska statute 28-806 if that student is at least twelve years of age but less than nineteen years of age; or

7.      commits or attempts to commit sexual assault against any person if a complaint has been filed by a prosecutor alleging the incident as required in Nebraska statute 79-267.8; or

8.      engages in any other illegal activity which constitutes a danger to other students or interferes with school purposes; or

9.      repeatedly violates the policies, rules and standards of student conduct established by the district.

 

A given suspension will be for a period of time not to exceed 5 school days. A student

 

Approved ________________ Reviewed _______________ Revised ________________

 

will be informed of the charges against him or her and, if the student denies them, an explanation of the evidence will be given and the student will be given an opportunity to refute the charges. No time delay is necessary between the time a pupil is notified of the charges and the time of the hearing before the principal.

 

Guidelines to insure that students are afforded due process during a suspension or proposed suspension from school will be developed. The procedural rules, regulations and guidelines will be approved by the Board of Education and made known to students, parents and school staff.

 

Administrative procedures complying with the Student Discipline Act shall also be in place to ensure due process to the student should the principal decide to administer a long-term suspension, expulsion, or mandatory reassignment.

 

If a student's presence poses a continuing danger to persons or property or an ongoing threat of disruption to the academic process, an emergency exclusion may be invoked and the student may be immediately removed from school. However, notice and hearing should follow as soon as practical and not more than ten days following the initial exclusion.

 

The principal should make a reasonable effort to contact the parent(s) or guardian(s) of a suspended student by telephone or to communicate to them directly regarding the specific act(s) for which the suspension is ordered and the length of the suspension. If personal contact cannot be made then a notice will be mailed to parents within 24 hours stating the specific act(s) for which the suspension is ordered and the length of the suspension.

 

All records and documentation regarding suspension will be destroyed within three years of the student's continuous absence from school. No information regarding a suspension will be communicated to any person not directly involved in the disciplinary proceedings.

 

The right of appeal to the Board of Education in cases involving student suspension described in this policy does not extend to a suspension from a student extracurricular activities program or other disciplinary action affecting participation in an extracurricular activities program.

 

Legal Reference: Neb. Statute 79-254 et seq. (Student Discipline Act)

20 U.S.C. 1400 et seq. (Individuals with Disabilities      Education Act)

34 C.F.R. 104.1 et seq.

34 C.F.R. 300 et seq.

 

Cross Reference: 504.01 Student Due Process Rights