 |
 |
 |
 |
|
Page 1 of 7
EASTON AREA
SCHOOL DISTRICT
No. 233
SECTION:
PUPILS
TITLE:
SUSPENSION AND EXPULSION
ADOPTED:
March 5, 2007
REVISED:
233. SUSPENSION AND EXPULSION
EXCLUSIONS FROM SCHOOL (SUSPENSIONS AND EXPULSIONS)
1.
Purpose
When any of the following actions of a student are brought to the attention of the
building principal, the principal shall have the power and it shall be his/her duty to
initiate action which may lead to suspension and possible expulsion of the student.
These prohibited acts apply equally to sponsored school activities both off and on
school property:
Pol. 218.1
1.
Bringing onto school property or having in the student’s possession dangerous or
illegal weapons.
Pol. 227
2.
Sells, uses, possesses or aids in the procurement of alcoholic beverages,
narcotics or restricted drugs including marijuana or any material purported to be
such.
Pol. 218, 218.2,
248
3.
Engaging in violent actions threatening to the safety of students and school
personnel. This includes loud statements or harassment, which may possibly
lead to disruption of the school.
Pol. 222
4.
Smoking in school buildings or on school property.
Pol 224
5.
Acts of vandalism related to school buildings, grounds or equipment.
6.
Fighting in school or on school property.
7.
Theft of school property or personal property of individuals in the school.
8.
Overt insubordination to the clear directions of a school district employee.
9.
Committing immoral acts or gestures.
10. Making salacious statements either verbally or in writing.
233. SUSPENSION AND EXPULSION - Pg. 2
Page 2 of 7
2.
Authority
Title 22
Sec. 12.1 et seq
Implementation of the School Laws of Pennsylvania and the State Board of
Education "Regulations and Guidelines on Student Rights and Responsibilities"
(Chapter 12) shall be accomplished as follows:
The building principal will make the suspension and shall:
1.
Meet the student in person and state to him/her the reasons for the suspension
and give the student the opportunity to explain why he should not be suspended.
2.
Immediately notify the parent/guardian by telephone.
3.
Immediately notify the Superintendent by telephone.
4.
Confirm the telephone calls in writing, stating the reason for suspension and the
date of re-admittance for the suspended student.
SC 1318
No temporarily suspended student shall be removed from the rolls unless
permanently expelled as prescribed in Section 1318 of the School Laws of
Pennsylvania.
SC 1318
No temporary suspension by the principal shall exceed three (3) days. Suspensions
for longer periods shall be given only by the Board or its authorized committee as
provided in Section 1318 of the School Laws of Pennsylvania.
Three (3) suspensions of any individual student in a single school term may result in
a recommendation by the principal to the superintendent for expulsion of the student.
However, this should not deter the principal from recommending the expulsion of a
student on first offense. The judgment of the principal in weighing the gravity of the
offense shall accompany the recommendation for either suspension or expulsion.
The maximum period a student may be suspended for a single offense shall not
exceed ten (10) school days. A temporary suspension may be followed by a full
suspension for the same offense, provided that the ten (10) school days limitation is
not exceeded. Temporary suspensions may not be cumulated or made to run
consecutively beyond this ten (10) school day limitation.
SC 1318
In the case of recalcitrant student(s) whose behavior is a hindrance to the proper
conduct of the school and wherein the principal has exhausted all possible means of
improving the conduct and attitude of the student(s), it shall be the responsibility of
the principal to recommend to the Superintendent that such pupil be expelled. The
Superintendent shall then report such requests to the Board for further action under
Section 1318 of the School Laws of Pennsylvania.
233. SUSPENSION AND EXPULSION - Pg. 3
Page 3 of 7
Pol. 248
It is unacceptable behavior for students to harass other students or school personnel,
sexually or otherwise, and such behavior on the part of any student is subject to
appropriate discipline. Extreme or persistent behavior may result in suspension or
expulsion of the offending student.
3.
Guidelines
PROCEDURE FOR SUSPENSIONS AND EXPULSIONS OF STUDENTS
Temporary Suspension
The Board adopts this policy and designates a limitation of three (3) days as a
reasonable period for such temporary suspension, without hearing. Suspension may
be in school or out, according to the discretion of the principal. Students shall be
permitted to make up exams and work missed while being disciplined by suspension.
Title 22
Sec. 12.8
Suspension Requiring Informal Hearing
A student may be suspended from school for a period of up to ten (10) school days
after an informal hearing in accordance with the following.
Title 22
Sec. 12.8
The purpose of the informal hearing is to enable the student to meet with the
Superintendent or designated officer to explain the circumstances surrounding the
event for which the student is being suspended, to demonstrate that there is a case of
mistaken identity or to show that there is some compelling reason why the student
should not be suspended. At the informal hearing the student's parents/guardian are
to meet with the suspending principal to discuss ways by which future offenses can
be avoided. At the informal hearing, the following requirements are to be observed:
1.
Notification of the reasons for the suspension in writing given to the parents/
guardian and to the student.
2.
Sufficient notice of the time and place of the informal hearing.
3.
The right to cross-examine any witnesses.
4.
The student's right to speak and produce witnesses on his behalf.
233. SUSPENSION AND EXPULSION - Pg. 4
Page 4 of 7
Suspension In Excess Of Ten (10) School Days
SC 1318
Title 22
Sec. 12.8
2 Pa. C.S.A.
Sec. 101 et seq
If the suspension of a student exceeds ten (10) days, or if expulsion may result, the
Board shall give written notice by certified mail to the student and parent/guardian
not later than three (3) school days after the date of the first regular School Board
meeting following the alleged misconduct but not later than three (3) school days
after the second regular School Board meeting following the alleged misconduct if
less than five (5) school days intervene between the alleged misconduct and the first
regularly scheduled Board meeting. The notice shall contain:
1.
A concise statement of the charges alleged that make up the misconduct or the
alleged offense.
2.
The name of the person or persons bringing the charge.
3.
The time and place of the hearing.
4.
A statement that the student and his/her parent/guardian have the right to appear
at the hearing, produce witnesses on their behalf, and to be represented by legal
counsel.
5.
A statement that the student, parent/guardian, or their legal counsel shall have
the right, upon reasonable request prior to the hearing, to examine written
statements about the misconduct, if any, and examine the student's academic and
behavior records, categories A, B, and C.
6.
When a student who has passed the age of compulsory attendance requests
readmission to school during a school year in which s/he has voluntarily
withdrawn from school to avoid suspension or expulsion, the appropriate
exclusion procedure may be initiated upon receipt of the formal request for re-
entry.
HEARING PROCESS
Time Of Hearing
The hearing date shall be fixed not less than ten (10) or more than twenty (20)
school days after the date of written notice.
233. SUSPENSION AND EXPULSION - Pg. 5
Page 5 of 7
Student Under Temporary Exclusion
If, when expulsion proceedings are initiated, it is determined by the Superintendent
after an informal hearing that a student's presence in his/her normal class would
constitute a threat to the health, safety, morals, or welfare of others and it is not
possible to hold a formal hearing within the period of a full suspension, the student
may be excluded from school for more than ten (10) school days, provided the
formal hearing is not unreasonably delayed. Any student so excluded shall be
provided with alternative instruction.
Failure Of Student To Report For Hearing
If, after being properly advised of the hearing date, the student fails to appear, the
hearing will be conducted with the student being considered in absentia.
Hearing Procedure:
Title 22
Sec. 12.8
1.
The district solicitor shall arrange for an independent counsel (i.e. attorney) to
preside at all hearings.
2.
It shall be the duty of the Chairperson to instruct the accused student, his/her
parents/guardians, or their counsel, that the student accused is not compelled to
testify, and his/her refusal to testify shall not be construed as an admission of
guilt.
3.
Hearings shall be private unless the accused student, his/her parent/guardian, or
their counsel request that the hearing be public. Such request must be in writing
and must be received by the Board twenty-four (24) hours before the hearing
begins. Hearings shall be attended by the following: Members of the Board or a
duly authorized committee of no fewer than two (2) members of the Board,
Board solicitor, court reporter, the student accused, his/her parents/guardians,
their respective counsel, and all witnesses to be called by the parties involved. At
the request of any of the parties involved, or the Board, witnesses may be
separated.
4.
All witnesses shall be sworn by the court reporter.
5.
The Board, its solicitor, the student and/or his/her parent/guardian, or counsel for
either of them shall have the right to examine and cross-examine all witnesses.
233. SUSPENSION AND EXPULSION - Pg. 6
Page 6 of 7
6.
Only relevant and competent evidence shall be received and considered by the
Board, but strict rules of legal evidence should not be followed so that every
opportunity may be afforded by the Board to hear and obtain all relevant and
pertinent facts.
Pol. 216
7.
The accused student's past record shall not be consulted or any testimony
pertaining thereto received in evidence until after the Board determines the guilt
or innocence of the student accused. If the student is found guilty, the Board has
the right to review "past" academic and discipline reports to determine the
student's penalty.
8.
The testimony of all witnesses shall be recorded by the court reporter so that it
may be transcribed later if required.
9.
After the evidence is closed, the accused student, his/her parent/guardian or their
legal counsel, may make a summation of the testimony and argument, not to
exceed fifteen (15) minutes in length.
Disposition Of Case
As promptly as is possible after the hearing is closed, the full Board shall convene to
consider the evidence and, by majority of members present, by roll call vote,
determine the guilt or innocence of the accused student, and shall further determine
the penalty, if any. The Board may reprimand, suspend, or expel.
2 Pa. C.S.A.
Sec. 101
If the charges are sustained, the Board shall prepare a written adjudication which
shall include findings of fact and conclusions setting forth in summary the evidence
and the reasons for its decision and penalty imposed, if any. It shall transmit, by
certified mail, a copy thereof to the student accused or to his/her parent/guardian and
to their counsel, not later than five (5) school days from the date of such Board
meeting.
In case of suspension or expulsion of a student, any information or testimony
concerning the incident shall be classified as Category B information, and shall
remain confidential, unless the parent/guardian gives written permission for its
release to identified sources. The release shall be directed to the Board.
Pol. 216
If the Board shall find in favor of the student, all references to the alleged incident
shall be removed from the student's records.
Where the student is dissatisfied with the results of the hearing, recourse can be had
to the appropriate state or federal court.
233. SUSPENSION AND EXPULSION - Pg. 7
Page 7 of 7
COMPULSORY SCHOOL ATTENDANCE
Title 22
Sec. 12.6
Pol. 204
Students who are less than seventeen (17) years of age are still subject to the
compulsory school attendance law even though expelled and must attend school.
The responsibility for placing the student in school rests initially with the student's
parents/guardians. However, if the student is unable to attend another public school
or cannot afford to attend or is unable to be accepted at a private school, the school
district will make provision for the child's education, either through an alternative
education plan or by readmitting the child. If none of these alternatives is acceptable,
the school district will take action in accordance with the provision of the Juvenile
Act of 1972 to ensure that the child will receive a proper education. It shall be the
responsibility of the Superintendent to initiate such action.
References:
School Code – 24 P.S. Sec. 1318
Local Agency Law – 2 Pa. C.S.A. Sec. 101 et seq.
State Board of Education Regulations – 22 PA Code Sec. 12.1 et seq.
Board Policy – 204, 216, 218, 218.1, 218.2, 222, 224, 227, 248