503.3 - Student Expulsion

Only the board may remove a student from the school environment.  The removal of a student from the school environment, which includes, but is not limited to, classes and activities, is an expulsion from school.

Students may be expelled for violations of board policy, school rules or the law.  It is 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.

It is 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 will keep records of expulsions in addition to the board’s records.

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

  1. Notice of the reasons for the proposed expulsion written with sufficient specificity to enable the student to prepare a defense;
  2. Notice of the date, time, and place of the expulsion hearing sufficiently in advance of the hearing to enable the student to obtain the assistance of counsel and to prepare a defense;
  3. Notice that the student is entitled to a closed hearing unless an open hearing is specifically requested;
  4. The names of the witnesses1 and an oral or written report on the facts to which each witness testifies unless the witnesses are students whose names may be released at the discretion of the Superintendent;
  5. An opportunity to present a defense against the charges and provide either oral testimony or written affidavits of witnesses on the student’s behalf;
  6. The right to be represented by counsel; and,
  7. The results and finding of the board in writing open to the student’s inspection

At the hearing, the student will have all of the rights given in the notice and may give an opening and closing statement in addition to calling witnesses and cross-examining adverse witnesses.  The Board hearing the expulsion matter must be impartial (i.e. have no prior involvement in the situation, have no stake in the outcome, and have no personal bias or prejudice).

After the Board has heard the expulsion matter, it shall go into deliberations.  No one who advocated a position at the hearing of the matter should be present during the Board’s deliberations unless the other party or parties are also permitted to attend deliberations.  The student has a right to a decision based solely on the evidence presented at hearing.  There must be an adequate factual basis for the Board’s decision.  A preponderance of the evidence standard is sufficient to find the student violated the rule or policy at issue.  Following the Board’s deliberations, the Board shall reconvene in open session and render its decision on the superintendent’ recommendation for expulsion.  The student is entitled to a written decision setting out the Board’s findings and conclusions as to the charges and the penalty.

In addition 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.

 

 

[1] In some cases, information concerning a student's violation of the Code of Conduct will be gained from students who the district may want to remain anonymous.  The district believes that it is critically important, in certain circumstances, to protect the anonymity of students who report serious violations of the Code of Conduct to insure that violations are reported and those who report them will not be subjected to ostracism and physical reprisals.  If an expulsion is based upon evidence obtained from a student who the district believes needs to remain anonymous because they may be subjected to ostracism or physical reprisals, the administration shall undertake reasonable efforts to determine the veracity of the student's report and the student's credibility.

Approved August 27, 2018          
Reviewed August 27, 2018          
Revised August 27, 2018