EXPULSION OF STUDENTS

 

 

For the purposes of this policy and as defined in the Student Discipline Act, expulsion shall mean exclusion from attendance in all schools within the district for a period of time as defined in Nebraska statute 79-283.

 

Students may be expelled for violations of board policy, school rules or the law. It shall be within the discretion of the board to discipline a student by using an expulsion for a single offense or for a series of offenses depending on the nature of the offense and the circumstances surrounding the offense.

 

The superintendent will develop procedural rules, regulations and guidelines governing expulsions. These shall be approved by the Board of Education and made known to students, parents and school staff.

 

All cases of expulsion shall be preceded by short-term suspension and its related procedures or by the condition of emergency exclusion which applies only when a student (a) has a dangerous communicable disease transmissible through normal school contacts and poses an immediate threat to the health and safety of the school community; or (b) exhibits conduct which presents a clear threat to the physical safety of himself/herself or others, or is so extremely disruptive as to make temporary removal necessary to preserve the rights of other students to pursue an education.

 

It shall be within the discretion of the superintendent to recommend to the board the expulsion of a student for disciplinary purposes. Only the board may take action to expel a student and to readmit the student. The principal shall keep records of expulsions in addition to the board's records.

 

When a student is recommended for expulsion by the board, the student shall be provided with:

 

1.      Notice of the standard of conduct allegedly violated, acts the student is alleged to have committed and a summary of the evidence to be presented against the student;

 

2.      The penalty, if any, which the principal has recommended in the charge and any other penalty to which the student may be subject;

 

3.      A statement that the student has a right to a hearing, upon request, on the specified charges;

 

4.      A description of the hearing procedures, along with procedures for appealing any decision rendered at the hearing;

 

5.      A statement the principal, legal counsel for the school, the student, the student's parent or representative or guardian has the right;

to examine the student's academic and disciplinary records and any affidavits to be used at the hearing concerning the alleged misconduct and;

to know the identity of the witnesses to appear at the hearing and the substance of their testimony;

 

6.      A form on which the student or the student's parent/guardian may request a hearing

 

Supplemental to these procedures, a special education student must be provided with additional procedures. A determination should be made of whether the student is actually guilty of the misconduct. A staffing team should determine whether the student's behavior is caused by the student's disability and whether the conduct is the result of inappropriate placement. Discussions and conclusions of this meeting should be recorded.

 

If the special education student's conduct is not caused by the disability, the student may be expelled or suspended for a long‑term period following written notice to the parent and pursuant to the school district's expulsion hearing procedures. If the misconduct is caused by the disability and a change in placement is recommended, the change must be made pursuant to the placement procedures used by the school district.

 

Legal Reference:                       Neb. Statute 28-1204.04

                                                                     79-245 et seq.                

Goss v. Lopez, 419 U.S. 565 (1975). 

Wood v. Strickland, 420 U.S. 308 (1975)

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      Student Rights and Responsibilities

505            Student Discipline

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Policy                                                                           COLUMBUS PUBLIC SCHOOLS

Adopted:   9/11/06                                                       Columbus, Nebraska