5610 Suspension and Expulsion
5610 - SUSPENSION AND EXPULSION
The following administrative guideline deals with suspending and expelling students.
The following administrative guideline deals with suspending and expelling students.
A. Suspension
1. Duration and Grounds for Suspension
The District Administrator or any principal or teacher designated by the District Administrator may suspend a student for up to five (5) school days or, if a notice of expulsion hearing has been sent, for up to fifteen (15) consecutive school days (refer to AG 2461A if the student is eligible for special education services under Chapter 115, Wis. Stats.) if the suspension is reasonably justified and based upon any of the following misconduct:
The District Administrator or any principal or teacher designated by the District Administrator may suspend a student for up to five (5) school days or, if a notice of expulsion hearing has been sent, for up to fifteen (15) consecutive school days (refer to AG 2461A if the student is eligible for special education services under Chapter 115, Wis. Stats.) if the suspension is reasonably justified and based upon any of the following misconduct:
a. noncompliance with school rules or School Board rules
b. knowingly conveying any threat or false information concerning an attempt or alleged attempt being made or to be made to destroy any school property by means of explosives
c. conduct by the student while at school or while under the supervision of a school authority that endangers the property, health, or safety of others
b. knowingly conveying any threat or false information concerning an attempt or alleged attempt being made or to be made to destroy any school property by means of explosives
c. conduct by the student while at school or while under the supervision of a school authority that endangers the property, health, or safety of others
d. conduct while not at school or while not under the supervision of a school authority that endangers the property, health, or safety of others at school or under the supervision of a school authority
e. conduct while not at school or while not under the supervision of a school authority that endangers the property, health, or safety of any employee or Board member of the District in which the student is enrolled
Under paragraphs c, d, and e above, conduct that endangers a person or property includes making a threat to the health or safety of a person or making a threat to damage property.
The District Administrator or any principal or teacher designated by the District Administrator shall suspend a student if the student possessed a firearm as defined in 18 U.S.C. 921(a)(3) while at school or while under the supervision of a school authority.
The suspension period applies to "school days." Thus, a suspension period does not include weekend days or vacation days.
The District Administrator or any principal or teacher designated by the District Administrator shall suspend a student if the student possessed a firearm as defined in 18 U.S.C. 921(a)(3) while at school or while under the supervision of a school authority.
The suspension period applies to "school days." Thus, a suspension period does not include weekend days or vacation days.
2. Suspension Procedure
Prior to being suspended, on the day of the alleged infraction or as soon thereafter as is practicable, the student must be advised orally or in writing of the reason for the proposed suspension and given an opportunity to explain his/her conduct (Form 5610 F2).
The principal, within his/her discretion, may also inform the student’s parents of the reason for the proposed suspension prior to suspending the student (Form 5610 F2).
3. Notice of Suspension
The parent of a suspended minor student shall be given prompt written notice of the suspension and the reason for the suspension by mail and by sending a copy of the notice home with the student. Oral notice may also be given to the student’s parent however, it must be confirmed in writing (Form 5610 F3).
4. Sending a Student Home on the Day of the Suspension
Generally, the student should remain in school on the day of the suspension until school is dismissed for the day. Except as provided below, if the situation requires that the student be removed from the premises before school is dismissed, the principal shall attempt to contact the student’s parent to request that s/he pick up the student. If the parent is unable to pick up the student, the student should remain under the school’s supervision until school is dismissed, or in the event law enforcement is involved, under law enforcement supervision.
5. Opportunity to Complete School Work
A suspended student shall not be denied the opportunity to take any quarterly, semester, or grading period examinations or to complete course work missed during the suspension period. Such work shall be completed pursuant to the procedures established by the Board.
6. Reference to the Suspension in the Student’s Record
The student’s suspension from school shall be entered in the student’s record as required by the rules adopted by the Board concerning the content of student records.
The suspended student or the student's parent may, within five (5) school days following the commencement of the suspension, have a conference with the District Administrator or his/her designee, who shall be someone other than a principal, administrator, or teacher in the suspended student’s school, to discuss removing reference to the suspension from the student’s records.
Reference to the suspension in the student’s school record shall be removed if the District Administrator finds that:
Prior to being suspended, on the day of the alleged infraction or as soon thereafter as is practicable, the student must be advised orally or in writing of the reason for the proposed suspension and given an opportunity to explain his/her conduct (Form 5610 F2).
The principal, within his/her discretion, may also inform the student’s parents of the reason for the proposed suspension prior to suspending the student (Form 5610 F2).
3. Notice of Suspension
The parent of a suspended minor student shall be given prompt written notice of the suspension and the reason for the suspension by mail and by sending a copy of the notice home with the student. Oral notice may also be given to the student’s parent however, it must be confirmed in writing (Form 5610 F3).
4. Sending a Student Home on the Day of the Suspension
Generally, the student should remain in school on the day of the suspension until school is dismissed for the day. Except as provided below, if the situation requires that the student be removed from the premises before school is dismissed, the principal shall attempt to contact the student’s parent to request that s/he pick up the student. If the parent is unable to pick up the student, the student should remain under the school’s supervision until school is dismissed, or in the event law enforcement is involved, under law enforcement supervision.
5. Opportunity to Complete School Work
A suspended student shall not be denied the opportunity to take any quarterly, semester, or grading period examinations or to complete course work missed during the suspension period. Such work shall be completed pursuant to the procedures established by the Board.
6. Reference to the Suspension in the Student’s Record
The student’s suspension from school shall be entered in the student’s record as required by the rules adopted by the Board concerning the content of student records.
The suspended student or the student's parent may, within five (5) school days following the commencement of the suspension, have a conference with the District Administrator or his/her designee, who shall be someone other than a principal, administrator, or teacher in the suspended student’s school, to discuss removing reference to the suspension from the student’s records.
Reference to the suspension in the student’s school record shall be removed if the District Administrator finds that:
a. the student was suspended unfairly or unjustly;
b. the suspension was inappropriate, given the nature of the alleged offense; or
c. the student suffered undue consequences or penalties as a result of the suspension.
The District Administrator shall make his/her finding within fifteen (15) days of the conference.
7. Co-Curricular or Extra-Curricular
A student's participation in co-curricular or extra-curricular activities during a suspension shall be determined on a case-by-case basis.
b. the suspension was inappropriate, given the nature of the alleged offense; or
c. the student suffered undue consequences or penalties as a result of the suspension.
The District Administrator shall make his/her finding within fifteen (15) days of the conference.
7. Co-Curricular or Extra-Curricular
A student's participation in co-curricular or extra-curricular activities during a suspension shall be determined on a case-by-case basis.
B. Expulsion
1. Grounds for Expulsion
The Board may expel a student only when it is satisfied that the interest of the school demands the student’s expulsion and it finds that the student:
a. repeatedly refused or neglected to obey the rules established by the School District;
b. knowingly conveyed or caused to be conveyed any threat or false information concerning an attempt or alleged attempt being made or to be made to destroy any school property by means of explosives;
c. engaged in conduct while at school or while under the supervision of a school authority that endangered the property, health, or safety of others;
d. engaged in conduct while not at school or while not under the supervision of a school authority that endangered the property, health, or safety of others at school or under the supervision of a school authority or endangered the property, health, or safety of any employee or Board member of the School District in which the student is enrolled; or
Under this section, conduct that endangers a person or property includes threatening the health or safety of a person or threatening to damage property.
2. Expulsion for Bringing a Firearm to School or for Possessing a Firearm at School
The Board shall expel a student from school for not less than one (1) year whenever it finds that the student brought a firearm to school or, while at school or while under the supervision of a school authority, possessed a firearm, as defined in 18 U.S.C. 921(a)(3), unless the Board finds that the punishment should be reduced based upon the circumstances of the incident. Any such finding by the Board shall be in writing.
3. Expulsion Hearing
Prior to expelling a student, the Board shall provide the student with a hearing.
a. Notice of the Hearing
Prior written notice of the expulsion hearing must be sent separately both to the student and his/her parent(s) if the student is a minor; otherwise just to the student.
The notice must be sent at least five (5) days prior to the date of hearing. In counting the number of days, the day the notice is sent is excluded.
The notice must include the following information:
The Board may expel a student only when it is satisfied that the interest of the school demands the student’s expulsion and it finds that the student:
a. repeatedly refused or neglected to obey the rules established by the School District;
b. knowingly conveyed or caused to be conveyed any threat or false information concerning an attempt or alleged attempt being made or to be made to destroy any school property by means of explosives;
c. engaged in conduct while at school or while under the supervision of a school authority that endangered the property, health, or safety of others;
d. engaged in conduct while not at school or while not under the supervision of a school authority that endangered the property, health, or safety of others at school or under the supervision of a school authority or endangered the property, health, or safety of any employee or Board member of the School District in which the student is enrolled; or
Under this section, conduct that endangers a person or property includes threatening the health or safety of a person or threatening to damage property.
2. Expulsion for Bringing a Firearm to School or for Possessing a Firearm at School
The Board shall expel a student from school for not less than one (1) year whenever it finds that the student brought a firearm to school or, while at school or while under the supervision of a school authority, possessed a firearm, as defined in 18 U.S.C. 921(a)(3), unless the Board finds that the punishment should be reduced based upon the circumstances of the incident. Any such finding by the Board shall be in writing.
3. Expulsion Hearing
Prior to expelling a student, the Board shall provide the student with a hearing.
a. Notice of the Hearing
Prior written notice of the expulsion hearing must be sent separately both to the student and his/her parent(s) if the student is a minor; otherwise just to the student.
The notice must be sent at least five (5) days prior to the date of hearing. In counting the number of days, the day the notice is sent is excluded.
The notice must include the following information:
1) the specific grounds upon which the expulsion proceeding is based, pursuant to State Statute
2) the particulars of the student’s alleged conduct, including the approximate date and location of the conduct
3) the time and place of the hearing
4) that the Board will keep written minutes of the hearing
5) that the hearing may result in the student’s expulsion
6) that the student's, or the student's parent if the student is a minor, have the right to request a closed hearing or the Board may choose to close the hearing under Wis. Stat. section 19.85(1)(f)
7) that the student and, if the student is a minor, the student’s parent may be represented at the hearing by counsel
8) that the administration intends to present witnesses at the hearing with knowledge of the alleged conduct
9) that the parties shall have the right to cross-examine witnesses and to present such evidence and witnesses as deemed appropriate
10) that in considering whether to expel the student, and if so, for what period of time, the Board may also consider the student’s complete disciplinary and academic records
These student records are available for the student and parent to review as outlined in Sec. 118.125, Wis. Stats.
11) if the student is expelled, the Board will determine the length of the expulsion period, which may extend at a maximum to the student’s 21st birthday
2) the particulars of the student’s alleged conduct, including the approximate date and location of the conduct
3) the time and place of the hearing
4) that the Board will keep written minutes of the hearing
5) that the hearing may result in the student’s expulsion
6) that the student's, or the student's parent if the student is a minor, have the right to request a closed hearing or the Board may choose to close the hearing under Wis. Stat. section 19.85(1)(f)
7) that the student and, if the student is a minor, the student’s parent may be represented at the hearing by counsel
8) that the administration intends to present witnesses at the hearing with knowledge of the alleged conduct
9) that the parties shall have the right to cross-examine witnesses and to present such evidence and witnesses as deemed appropriate
10) that in considering whether to expel the student, and if so, for what period of time, the Board may also consider the student’s complete disciplinary and academic records
These student records are available for the student and parent to review as outlined in Sec. 118.125, Wis. Stats.
11) if the student is expelled, the Board will determine the length of the expulsion period, which may extend at a maximum to the student’s 21st birthday
12) if the Board orders the expulsion of the student, the School District clerk shall mail a copy of the order to the student and, if the student is a minor, to the student’s parent
13) if the student is expelled by the Board, the expelled student or, if the student is a minor, the student’s parent may appeal the Board's decision to the Wisconsin Department of Public Instruction
14) if the Board's decision is appealed to the Department of Public Instruction, within sixty (60) days after the date on which the Department receives the appeal, the Department shall review the decision and shall, upon review, approve, reverse, or modify the decision
15) the decision of the Board shall be enforced while the Department of Public Instruction reviews the Board's decision
16) an appeal from the decision of the Department of Public Instruction may be taken within thirty (30) days to the circuit court for the county in which the school is located
17) the State statutes related to student expulsion are Secs. 119.25 and 120.13 (1), Wis. Stats.
13) if the student is expelled by the Board, the expelled student or, if the student is a minor, the student’s parent may appeal the Board's decision to the Wisconsin Department of Public Instruction
14) if the Board's decision is appealed to the Department of Public Instruction, within sixty (60) days after the date on which the Department receives the appeal, the Department shall review the decision and shall, upon review, approve, reverse, or modify the decision
15) the decision of the Board shall be enforced while the Department of Public Instruction reviews the Board's decision
16) an appeal from the decision of the Department of Public Instruction may be taken within thirty (30) days to the circuit court for the county in which the school is located
17) the State statutes related to student expulsion are Secs. 119.25 and 120.13 (1), Wis. Stats.
(Form 5610 F6 and Form 5610 F7)
b. Hearing Procedures
The procedures for the expulsion hearing shall be as follows:
1) The hearing shall be closed.
2) The student and, if the student is a minor, the student’s parent may be represented at the hearing by counsel.
3) A quorum of the Board shall be present at the hearing.
4) The Board shall keep written minutes of the hearing.
5) The parties shall have the right to cross-examine witnesses and to present such evidence and witnesses as deemed appropriate.
6) The student should be advised of his/her rights and the procedures to be followed during the hearing.
7) The Administration’s burden is to prove the allegations against the student by a preponderance of the evidence.
c. Expulsion Order
The Board shall reduce its decision to writing in the form of a written order. If expulsion is ordered, the order must state the length of time that the student is to be expelled. The order should also state specific findings of fact and conclusions of law in support of the decision (Form 5610 F8).
d. Post-Hearing Procedures
The following post-hearing procedures shall be followed:
1) If the Board orders the expulsion of the student, the School District clerk shall mail a copy of the order separately to the student and his/her parent(s) if the student is a minor; otherwise just to the student.
2) If the student is expelled by the Board, the expelled student or, if the student is a minor, the student’s parent may appeal the Board's decision to the Wisconsin Department of Public Instruction.
3) If the Board's decision is appealed to the Department of Public Instruction, within sixty (60) days after the date on which the Department receives the appeal, the Department shall review the decision and shall, upon review, approve, reverse, or modify the decision.
4) The decision of the Board shall be enforced while the Department of Public Instruction reviews the Board's decision.
5) An appeal from the decision of the Department of Public Instruction may be taken within thirty (30) days to the circuit court for the county in which the school is located.
5. Student Records
The student’s expulsion from school shall be entered in the student’s record as required by the rules adopted by the Board concerning the content of student records.
6.
Services During Expulsion
No school board is required to enroll a student during the term of his/her expulsion from another school district. Notwithstanding Sections 118.125 (2) and (4), if a student who has been expelled from one (1) school district seeks to enroll in another school district during the term of his/her expulsion upon request the school board of the former school district shall provide the school board of the latter school district with a copy of the expulsion findings and order, a written explanation of the reasons why the student was expelled and the length of the term of the expulsion.
7. Conditional Early Reinstatement
"Early reinstatement" means the reinstatement to school of an expelled student before the expiration of the term of expulsion specified in the student's expulsion order.
"Early reinstatement condition" means a condition that a student is required to meet before s/he may be granted early reinstatement or a condition that a student is required to meet after his/her early reinstatement but before the expiration of the term of expulsion specified in the student's expulsion order.
a. A School Board may specify one (1) or more early reinstatement conditions in the expulsion order. Early reinstatement conditions must be related to the reasons for the student's expulsion.
b. Conditional Early Reinstatement Appeal Rights
The decision of a school board regarding that determination is final and not subject to appeal.
c. Satisfaction of Early Reinstatement Conditions
The District Administrator or his/her designee, who shall be someone other than a principal, administrator or teacher in the student's school, has sole discretion to determine whether a student has met the early reinstatement conditions that s/he is required to meet before s/he may be granted early reinstatement.
1) If the District Administrator or designee determined the early reinstatement conditions have been met, s/he may grant the student early reinstatement.
2) The determination of the District Administrator or designee regarding satisfaction of early reinstatement conditions is final.
d. Early Reinstatement Revocation
If a student violates an early reinstatement condition that the student was required to meet after his/her early reinstatement but before the expiration of the term of expulsion, the District Administrator or a principal or teacher designated by the District Administrator may revoke the student's early reinstatement.
The procedures for the expulsion hearing shall be as follows:
1) The hearing shall be closed.
2) The student and, if the student is a minor, the student’s parent may be represented at the hearing by counsel.
3) A quorum of the Board shall be present at the hearing.
4) The Board shall keep written minutes of the hearing.
5) The parties shall have the right to cross-examine witnesses and to present such evidence and witnesses as deemed appropriate.
6) The student should be advised of his/her rights and the procedures to be followed during the hearing.
7) The Administration’s burden is to prove the allegations against the student by a preponderance of the evidence.
c. Expulsion Order
The Board shall reduce its decision to writing in the form of a written order. If expulsion is ordered, the order must state the length of time that the student is to be expelled. The order should also state specific findings of fact and conclusions of law in support of the decision (Form 5610 F8).
d. Post-Hearing Procedures
The following post-hearing procedures shall be followed:
1) If the Board orders the expulsion of the student, the School District clerk shall mail a copy of the order separately to the student and his/her parent(s) if the student is a minor; otherwise just to the student.
2) If the student is expelled by the Board, the expelled student or, if the student is a minor, the student’s parent may appeal the Board's decision to the Wisconsin Department of Public Instruction.
3) If the Board's decision is appealed to the Department of Public Instruction, within sixty (60) days after the date on which the Department receives the appeal, the Department shall review the decision and shall, upon review, approve, reverse, or modify the decision.
4) The decision of the Board shall be enforced while the Department of Public Instruction reviews the Board's decision.
5) An appeal from the decision of the Department of Public Instruction may be taken within thirty (30) days to the circuit court for the county in which the school is located.
5. Student Records
The student’s expulsion from school shall be entered in the student’s record as required by the rules adopted by the Board concerning the content of student records.
6.
Services During Expulsion
No school board is required to enroll a student during the term of his/her expulsion from another school district. Notwithstanding Sections 118.125 (2) and (4), if a student who has been expelled from one (1) school district seeks to enroll in another school district during the term of his/her expulsion upon request the school board of the former school district shall provide the school board of the latter school district with a copy of the expulsion findings and order, a written explanation of the reasons why the student was expelled and the length of the term of the expulsion.
7. Conditional Early Reinstatement
"Early reinstatement" means the reinstatement to school of an expelled student before the expiration of the term of expulsion specified in the student's expulsion order.
"Early reinstatement condition" means a condition that a student is required to meet before s/he may be granted early reinstatement or a condition that a student is required to meet after his/her early reinstatement but before the expiration of the term of expulsion specified in the student's expulsion order.
a. A School Board may specify one (1) or more early reinstatement conditions in the expulsion order. Early reinstatement conditions must be related to the reasons for the student's expulsion.
b. Conditional Early Reinstatement Appeal Rights
The decision of a school board regarding that determination is final and not subject to appeal.
c. Satisfaction of Early Reinstatement Conditions
The District Administrator or his/her designee, who shall be someone other than a principal, administrator or teacher in the student's school, has sole discretion to determine whether a student has met the early reinstatement conditions that s/he is required to meet before s/he may be granted early reinstatement.
1) If the District Administrator or designee determined the early reinstatement conditions have been met, s/he may grant the student early reinstatement.
2) The determination of the District Administrator or designee regarding satisfaction of early reinstatement conditions is final.
d. Early Reinstatement Revocation
If a student violates an early reinstatement condition that the student was required to meet after his/her early reinstatement but before the expiration of the term of expulsion, the District Administrator or a principal or teacher designated by the District Administrator may revoke the student's early reinstatement.
Revocation Process
Before revoking the student's early reinstatement, the District Administrator or his/her designee shall do all of the following:
1) advise the student of the reason for the proposed revocation, including the early reinstatement condition alleged to have been violated
2) provide the student an opportunity to present his/her explanation of the alleged violation
3) make a determination that the student violated the early reinstatement condition and that revocation of the student's early reinstatement is appropriate
4) if the District Administrator revokes the student's early reinstatement, the district administrator or designee shall give prompt written notice of the revocation and the reason for the revocation, including the early reinstatement condition violated, to the student and, if the student is a minor, to the student's parent
e. Term of Expulsion Following Revocation
Before revoking the student's early reinstatement, the District Administrator or his/her designee shall do all of the following:
1) advise the student of the reason for the proposed revocation, including the early reinstatement condition alleged to have been violated
2) provide the student an opportunity to present his/her explanation of the alleged violation
3) make a determination that the student violated the early reinstatement condition and that revocation of the student's early reinstatement is appropriate
4) if the District Administrator revokes the student's early reinstatement, the district administrator or designee shall give prompt written notice of the revocation and the reason for the revocation, including the early reinstatement condition violated, to the student and, if the student is a minor, to the student's parent
e. Term of Expulsion Following Revocation
If a student's early reinstatement is revoked the student's expulsion shall continue to the expiration of the term of the expulsion specified in the expulsion order unless the student or, if the student is a minor, the student's parent and the School Board, independent hearing panel or independent hearing officer agree, in writing, to modify the expulsion order.
f. Revocation Decision Appeal Rights
Within five (5) school days after the revocation of a student's early reinstatement the student or, if the student is a minor, the student's parent may request a conference with the District Administrator, who shall be someone other than a principal, administrator or teacher in the student's school.
1) If a conference is requested, it shall be held within five (5) school days following the request.
2) If, after the conference, the District Administrator or his/her designee finds that the student did no violate an early reinstatement condition or that the revocation was inappropriate, the student shall be reinstated to school under the same reinstatement conditions as in the expulsion order and the early reinstatement revocation shall be expunged from the student's record.
3) If the District Administrator finds that the student violated an early reinstatement condition and that the revocation was appropriate, s/he shall issue a written decision and mail separate copies of the decision to the student and, if the student is a minor, to the parent.
The decision of the Administrator is final as to an appeal of the decision to revoke early reinstatement.
f. Revocation Decision Appeal Rights
Within five (5) school days after the revocation of a student's early reinstatement the student or, if the student is a minor, the student's parent may request a conference with the District Administrator, who shall be someone other than a principal, administrator or teacher in the student's school.
1) If a conference is requested, it shall be held within five (5) school days following the request.
2) If, after the conference, the District Administrator or his/her designee finds that the student did no violate an early reinstatement condition or that the revocation was inappropriate, the student shall be reinstated to school under the same reinstatement conditions as in the expulsion order and the early reinstatement revocation shall be expunged from the student's record.
3) If the District Administrator finds that the student violated an early reinstatement condition and that the revocation was appropriate, s/he shall issue a written decision and mail separate copies of the decision to the student and, if the student is a minor, to the parent.
The decision of the Administrator is final as to an appeal of the decision to revoke early reinstatement.
C. Referral to Criminal Justice or Juvenile Delinquency System
The District shall refer any student who brings a firearm (as defined in 18 U.S.C. 921(a)(3)) or a weapon to school to the criminal justice or juvenile delinquency system.
119.25, Wis. Stats.
120.13, Wis. Stats.
18 U.S.C. 921(a)(3)
20 U.S.C. 7151
© Neola 2012
The District shall refer any student who brings a firearm (as defined in 18 U.S.C. 921(a)(3)) or a weapon to school to the criminal justice or juvenile delinquency system.
119.25, Wis. Stats.
120.13, Wis. Stats.
18 U.S.C. 921(a)(3)
20 U.S.C. 7151
© Neola 2012
5610 - SUSPENSION AND EXPULSION
The Board of Education recognizes that exclusion from educational programs of the School District, by suspension or expulsion, is a substantial sanction and that such action must comply with the student's due process rights.
SUSPENSION
For purposes of this policy, "suspension" shall be the short-term exclusion of a student from a regular District program.
The District Administrator or a teacher designated by the District Administrator may suspend a student for up to five (5) school days or, if a notice of expulsion hearing has been sent, for up to fifteen (15) consecutive school days, or ten (10) consecutive school days for each incident if the student is eligible for special education services under Chapter 115, Wis. Stats.
The suspension must be reasonably justified based upon the grounds authorized under Sec. 120.13, Wis. Stats., which include, but are not limited to: noncompliance with school rules or Board rules; knowingly conveying any threat or false information concerning an attempt or alleged attempt being made or to be made to destroy any school property by means of explosives; conduct by the student while at school or while under the supervision of a school authority that endangers the property, health, or safety of others; conduct while not at school or while not under the supervision of a school authority that endangers the property, health, or safety of others at school or under the supervision of a school authority; or conduct while not at school or while not under the supervision of a school authority that endangers the property, health, or safety of any employee or School Board member of the District in which the student is enrolled.
The District Administrator or a teacher designated by the School District Administrator shall suspend a student if the student possessed a firearm, as defined in 18 U.S.C. 921(a)(3), while at school or while under the supervision of a school authority.
The parent of a suspended minor must be given prompt notice of the suspension and the reason for the suspension. The student's suspension from school shall be entered in the student's record as required by the rules adopted by the Board concerning the content of the student records. The suspended student or the student's parent or guardian may, within five (5) school days following the commencement of the suspension, have a conference with the District Administrator, to discuss removing from the student's records reference to the suspension. Reference to the suspension on the student's school record shall be removed if the District Administrator finds that: the student was suspended unfairly or unjustly; the suspension was inappropriate, given the nature of the alleged offense; or the student suffered undue consequences or penalties as a result of the suspension.
A suspended student shall not be denied the opportunity to take any quarterly, semester, or grading period examinations or to complete course work missed during the suspension period. Such work shall be completed pursuant to the procedures established by the Board.
In the event a student is classified as Homeless, the District Administrator shall consult with the Homeless Coordinator to determine whether the conduct is a result of homelessness. The Homeless Coordinator will assist administration and the student's parents or guardian in correcting conduct subject to disciplinary action that is caused by homelessness.
EXPULSION
Under this policy, expulsion shall mean the Board will not permit a student to attend school at all for a specified period of time. If the student is expelled, the Board will determine the length of the expulsion period, which may extend at a maximum to the student's 21st birthday.
The Board may expel a student only when it is satisfied that the interest of the school demands the student's expulsion and only when the student: repeatedly refused or neglected to obey the rules established by the School District; knowingly conveyed or caused to be conveyed any threat or false information concerning an attempt or alleged attempt being made or to be made to destroy any school property by means of explosives; engaged in conduct while at school while under the supervision of a school authority that endangered the property, health, or safety of others; engaged in conduct while not at school or while not under the supervision of a school authority that endangered the property, health, or safety of others at school or under the supervision of a school authority or endangered the property, health, or safety of any employee or Board member of the School District in which the student is enrolled; or was at least sixteen (16) years old and had repeatedly engaged in conduct while at school or while under the supervision of a school authority that disrupted the ability of school authorities to maintain order or an educational atmosphere at school or at an activity supervised by a school authority and that such conduct did not otherwise constitute grounds for expulsion. For purposes of this policy, conduct that endangers a person or property includes making a threat to the health or safety of a person or making a threat to damage property.
The School Board shall expel a student from school for not less than one (1) year whenever it finds that the student brought a firearm to school or, while at school or while under the supervision of a school authority, possessed a firearm, as defined in 18 U.S.C. 921(a)(3), unless the Board finds that the punishment should be reduced based upon the circumstances of the incident. Any such finding by the Board shall be in writing.
The District shall refer any student who brings a firearm (as defined in 18 U.S.C. 921(a)(3)) or a weapon to school to the criminal justice or juvenile delinquency system.
As required by 20 U.S.C. 7151, the District Administrator will ensure that the following information is sent to the Wisconsin Department of Public Instruction: a copy of this policy; a description of the circumstances surrounding any expulsion(s) for violating the above-stated firearms policy; the name of the school; the number of students expelled; and the types of firearms involved.
Prior to expelling a student, the Board shall provide the student with a hearing. Prior written notice of the hearing must be sent separately to both the student and if the student is a minor, to his/her parent(s) or guardian(s). The notice must be sent at least five (5) days prior to the date of hearing, not counting the date notice is sent. The notice must also satisfy the requirements of Sec. 120.13(1)(c)4, Wis. Stats.
An expelled student or, if the student is a minor, the student's parent(s) or guardian(s) may appeal the Board's expulsion decision to the Wisconsin Department of Public Instruction. An appeal from the decision of the Department may be taken within thirty (30) days to the circuit court for the county in which the school is located.
In the event a student is classified as Homeless, the District Administrator shall consult with the Homeless Coordinator to determine whether the conduct is a result of homelessness. The District will not expel a homeless student for conduct that is caused by the student's homelessness. The Homeless Coordinator will assist administration and the student's parents or guardians in correcting conduct subject to disciplinary action that is caused by homelessness. If the conduct in question is determined not to be caused by the student's homelessness, the District shall proceed with expulsion proceedings as outlined in this policy.
The District Administrator shall develop administrative guidelines to implement this policy, which shall include, at a minimum:
A. strategies for providing special assistance to students who are in danger of being expelled and are not achieving the goals of the educational program;
B. procedures that ensure compliance with State and Federal law including, but not limited to, due process rights;
C. provision for completing school work when appropriate.
119.25, 120.13, Wis. Stats.
18 U.S.C. 921(a)(3)
20 U.S.C. 7151
42 U.S.C. 11431 et seq.
© Neola 2007
The Board of Education recognizes that exclusion from educational programs of the School District, by suspension or expulsion, is a substantial sanction and that such action must comply with the student's due process rights.
SUSPENSION
For purposes of this policy, "suspension" shall be the short-term exclusion of a student from a regular District program.
The District Administrator or a teacher designated by the District Administrator may suspend a student for up to five (5) school days or, if a notice of expulsion hearing has been sent, for up to fifteen (15) consecutive school days, or ten (10) consecutive school days for each incident if the student is eligible for special education services under Chapter 115, Wis. Stats.
The suspension must be reasonably justified based upon the grounds authorized under Sec. 120.13, Wis. Stats., which include, but are not limited to: noncompliance with school rules or Board rules; knowingly conveying any threat or false information concerning an attempt or alleged attempt being made or to be made to destroy any school property by means of explosives; conduct by the student while at school or while under the supervision of a school authority that endangers the property, health, or safety of others; conduct while not at school or while not under the supervision of a school authority that endangers the property, health, or safety of others at school or under the supervision of a school authority; or conduct while not at school or while not under the supervision of a school authority that endangers the property, health, or safety of any employee or School Board member of the District in which the student is enrolled.
The District Administrator or a teacher designated by the School District Administrator shall suspend a student if the student possessed a firearm, as defined in 18 U.S.C. 921(a)(3), while at school or while under the supervision of a school authority.
The parent of a suspended minor must be given prompt notice of the suspension and the reason for the suspension. The student's suspension from school shall be entered in the student's record as required by the rules adopted by the Board concerning the content of the student records. The suspended student or the student's parent or guardian may, within five (5) school days following the commencement of the suspension, have a conference with the District Administrator, to discuss removing from the student's records reference to the suspension. Reference to the suspension on the student's school record shall be removed if the District Administrator finds that: the student was suspended unfairly or unjustly; the suspension was inappropriate, given the nature of the alleged offense; or the student suffered undue consequences or penalties as a result of the suspension.
A suspended student shall not be denied the opportunity to take any quarterly, semester, or grading period examinations or to complete course work missed during the suspension period. Such work shall be completed pursuant to the procedures established by the Board.
In the event a student is classified as Homeless, the District Administrator shall consult with the Homeless Coordinator to determine whether the conduct is a result of homelessness. The Homeless Coordinator will assist administration and the student's parents or guardian in correcting conduct subject to disciplinary action that is caused by homelessness.
EXPULSION
Under this policy, expulsion shall mean the Board will not permit a student to attend school at all for a specified period of time. If the student is expelled, the Board will determine the length of the expulsion period, which may extend at a maximum to the student's 21st birthday.
The Board may expel a student only when it is satisfied that the interest of the school demands the student's expulsion and only when the student: repeatedly refused or neglected to obey the rules established by the School District; knowingly conveyed or caused to be conveyed any threat or false information concerning an attempt or alleged attempt being made or to be made to destroy any school property by means of explosives; engaged in conduct while at school while under the supervision of a school authority that endangered the property, health, or safety of others; engaged in conduct while not at school or while not under the supervision of a school authority that endangered the property, health, or safety of others at school or under the supervision of a school authority or endangered the property, health, or safety of any employee or Board member of the School District in which the student is enrolled; or was at least sixteen (16) years old and had repeatedly engaged in conduct while at school or while under the supervision of a school authority that disrupted the ability of school authorities to maintain order or an educational atmosphere at school or at an activity supervised by a school authority and that such conduct did not otherwise constitute grounds for expulsion. For purposes of this policy, conduct that endangers a person or property includes making a threat to the health or safety of a person or making a threat to damage property.
The School Board shall expel a student from school for not less than one (1) year whenever it finds that the student brought a firearm to school or, while at school or while under the supervision of a school authority, possessed a firearm, as defined in 18 U.S.C. 921(a)(3), unless the Board finds that the punishment should be reduced based upon the circumstances of the incident. Any such finding by the Board shall be in writing.
The District shall refer any student who brings a firearm (as defined in 18 U.S.C. 921(a)(3)) or a weapon to school to the criminal justice or juvenile delinquency system.
As required by 20 U.S.C. 7151, the District Administrator will ensure that the following information is sent to the Wisconsin Department of Public Instruction: a copy of this policy; a description of the circumstances surrounding any expulsion(s) for violating the above-stated firearms policy; the name of the school; the number of students expelled; and the types of firearms involved.
Prior to expelling a student, the Board shall provide the student with a hearing. Prior written notice of the hearing must be sent separately to both the student and if the student is a minor, to his/her parent(s) or guardian(s). The notice must be sent at least five (5) days prior to the date of hearing, not counting the date notice is sent. The notice must also satisfy the requirements of Sec. 120.13(1)(c)4, Wis. Stats.
An expelled student or, if the student is a minor, the student's parent(s) or guardian(s) may appeal the Board's expulsion decision to the Wisconsin Department of Public Instruction. An appeal from the decision of the Department may be taken within thirty (30) days to the circuit court for the county in which the school is located.
In the event a student is classified as Homeless, the District Administrator shall consult with the Homeless Coordinator to determine whether the conduct is a result of homelessness. The District will not expel a homeless student for conduct that is caused by the student's homelessness. The Homeless Coordinator will assist administration and the student's parents or guardians in correcting conduct subject to disciplinary action that is caused by homelessness. If the conduct in question is determined not to be caused by the student's homelessness, the District shall proceed with expulsion proceedings as outlined in this policy.
The District Administrator shall develop administrative guidelines to implement this policy, which shall include, at a minimum:
A. strategies for providing special assistance to students who are in danger of being expelled and are not achieving the goals of the educational program;
B. procedures that ensure compliance with State and Federal law including, but not limited to, due process rights;
C. provision for completing school work when appropriate.
119.25, 120.13, Wis. Stats.
18 U.S.C. 921(a)(3)
20 U.S.C. 7151
42 U.S.C. 11431 et seq.
© Neola 2007