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Littleton Public Schools Regulation |
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Policy Code JKD/JKE-R-1 Policy Name Suspension/Expulsion of Students Adoption October 5, 1993 Revised June 23, 2011 |
A. Suspension of Ten Days or Less
The designated administrator shall apply the following procedures to suspensions of ten days or less. For purposes of notice, the term “student or parent” shall mean a student 18 years of age or older who is not under any legal disability; otherwise it shall mean the student’s parent, guardian, or legal custodian. The term “parent” shall mean parent, guardian, or legal custodian.
1. Notice. The administrator shall give the student or parent notice of the intent to suspend. Such notice may be oral or in writing. If oral, such notice shall be given in person. If written, delivery may be by United States mail addressed to the last known address of the student or parent.
2. Contents of Notice. The notice shall contain at least the following information:
a. A statement of the charges against the student.
b. A statement of what the student is accused of doing.
c. A description of the incident on which the accusation is based. Specific names may be withheld if necessary to shield a witness.
This information need not be set out formally but should sufficiently inform the student or parent of the basis for the intent to suspend.
3. Informal Hearing. The student shall be given an opportunity to admit or deny the accusation and to give his/her version of the events. The administrator may go further in allowing the student to present witnesses or may call the accuser and hold a more extensive hearing in order to gather relevant information prior to making a decision on the intent to suspend.
4. Timing. The notice and informal hearing should precede removal of the student from school. There need be no delay between the time notice is given and the time of the hearing.
5. Danger Caused By Student’s Presence. Notice and an informal hearing need not be given prior to removal from school where a student’s presence poses a continuing danger to persons or property or an ongoing threat of disrupting the academic process. The student shall be provided an informal hearing as soon as practicable after the student’s removal.
6. Notification Following Suspension. Once a student is suspended, the administrator shall immediately notify the parent that the student has been suspended, the grounds for such suspension, and the period of such suspension. The notification shall include the time and place for the parent to meet with appropriate District employees to review the suspension. The administrator will mail written notification to the parent as soon as possible, and will forward a copy of the notification to the assistant superintendent. The administrator may also notify the student’s teachers and counselor in writing.
7. Removal From School Grounds. A suspended student must leave the school building and grounds immediately following the informal hearing, and after the parent and administrator have determined the best way to transfer custody of the student to the parent.
8. Extension of Suspension.
a. When an offense is such that the school is seeking to expel the student, the principal will request in writing that the Superintendent or designee extend the suspension for not more than ten school days, and will forward copies of the request to the assistant superintendent. The request must be submitted before the last two days of the suspension period.
b. The Superintendent or designee will notify the parent in writing before the end of the suspension period of the extension, and will forward copies of the notification to the Board of Education, the assistant superintendent, and the principal.
c. The Superintendent or designee may extend the suspension for an additional ten school days plus up to and including an additional ten days in order for the Superintendent or designee to consider expelling the student. The total number of days of suspension may not exceed 25 school days, unless the parent, guardian, or legal custodian agrees otherwise. The Superintendent or designee will notify the parent in writing of such extension, and will forward copies of the notification to the Board of Education, the assistant superintendent, and the principal.
d. The principal and the Superintendent or designee may agree to terminate the suspension at any time it is deemed warranted.
9. Readmittance. No student will be readmitted to school until the parent has met with appropriate District employees or until, in the opinion of the administrator, the parent has substantially agreed to review the suspension with the administrator. If the administrator cannot contact the parent, or if the parent repeatedly fails to appear for scheduled meetings, the administrator may readmit the student. The meeting shall address, among other things, whether the student needs a remedial discipline plan to prevent further disciplinary action.
10. Make-up Work. A suspended student shall be provided an opportunity to make up schoolwork during the period of suspension so that the student is able to reintegrate into the educational program of the District following the period of suspension. The District should take into consideration the suspension when determining the amount of credit the student will receive for this make-up work.
11. Alternatives to Suspension.
a. Parent attendance at school with the student.
1. The written consent of the student’s teacher(s) and principal or designee is required before this alternative may be implemented. If any teacher(s) or the principal/designee does not consent, the alternative will not be available to the student and parent. A teacher’s consent is considered also to be on behalf of any substitutes who may replace the teacher during the parent’s attendance.
2. This alternative will only be offered to students who have been suspended for more than two days, and only to students who are not being recommended for expulsion. In such cases, the student will be suspended for the first two days, and the parent may attend for the remainder of the suspension period.
3. The purpose of parent presence is to supervise the student, not to participate in the class. The parent and student will be required to sign a consent form prior to implementation of this alternative. While attending with the student, the parent must comply with all conditions of attendance spelled out in the consent form. In general, those conditions are:
Only one parent, and no other person, may attend.
Parent and student must follow school rules.
Parent and student must comply with all directives of school personnel.
Parent and student must attend every class period for the entire scheduled class time.
Parent and student may not disrupt any class.
During this period, parent will supervise student at all times when in class, on school grounds, on school transportation, and at school activities or events.
4. This alternative may be revoked for failure of the parent and/or student to follow any of the conditions set out in the consent form. If at any time the parent does not agree or fails to attend with the student, or the administrator revokes the alternative, the student will serve that portion of the suspension period that was previously suspended for implementation of this alternative.
5. Upon successful completion of this alternative, the student’s disciplinary records will be written so as to reflect only the two-day suspension.
b. Other alternatives.
At their discretion, administrators may offer any or all of the following alternatives, which if agreed to by the student, parent, teacher(s), and administrator, would reduce the length of suspension: Saturday school, Saturday Success, alternative educational placement.
12. Appeal of Suspension. A student and his or her parent(s) may appeal a suspension for more than ten school days to the assistant superintendent or designee. The assistant superintendent or designee will review the appeal and discuss the matter with the principal who imposed the sanction and with the parent(s) and student. The assistant superintendent or designee will inform the parent(s) of his/her decision, which will be the final determination of the matter. There shall be no right to appeal suspensions of ten school days or less. Suspensions which have been extended beyond ten school days solely for purposes of an expulsion hearing, also shall not be subject to direct appeal, but will be governed solely by the expulsion procedures. Any appeal or request for review of a suspension must be filed with the assistant superintendent before such suspension lapses.
B. Expulsion or Denial of Admission
1. Notice. Not less than five days prior to the date of the proposed expulsion/denial of admission, the Board of Education or designee shall cause written notice of such proposed action to be delivered to the student or parent. Such delivery may be by United States mail addressed to the last known address of the student or parent.
2. Emergency Notice. In the event the Board of Education, Superintendent, or designee determines that an emergency exists necessitating a shorter period of notice, the period of notice may be shortened to the extent the Board of Education directs, provided that the student or parent has actual notice of the hearing prior to the time it is held.
3. Contents of Notice.
a. A statement of the reasons for the proposed action.
b. A statement that a hearing on the action will be held if requested by the student or parent within five days after the date of the notice.
c. A statement of the date, time, and place of the hearing in the event one is requested.
d. A statement that the student may be present at the hearing and hear all information against him/her, that he/she will have an opportunity to present such information as is relevant, and that he/she may be accompanied and represented by his/her parent and an attorney.
e. A statement that the student or his/her parents must notify the District at least 48 hours before the hearing that the student will be represented by an attorney, or failure to do so could result in a continuance of the hearing and a corresponding extension of the period of suspension to allow the District to obtain legal counsel.
f. A statement that failure to participate in such hearing constitutes a waiver of further rights in the matter.
4. Expulsion Hearing.
a. The hearing will be held as soon as practicable. The hearing officer may be the Superintendent or designee. The hearing officer will make available at the hearing all documents relevant to the offense for which the student is being expelled. The hearing officer shall forward findings of fact and recommendations to the Superintendent or designee at the conclusion of the hearing.
b. Within five school days of the hearing, the Superintendent or designee will send to the student or parent a written opinion, including findings and recommendations. The student or parent may appeal the decision to the Board of Education within five days after the decision of the Superintendent or designee. Such appeal must be submitted in writing.
c. The Board of Education will hold any appeal hearings in executive session. The appeal will consist of a review of the facts that were presented and that were determined at the hearing, arguments relating to the decision, and questions of clarification from the Board of Education. The student or parent and the principal, or their representatives, may present a closing statement. A written record of the proceedings will be made. The Board of Education may request that persons present leave the executive session in order for the Board of Education to deliberate. The Board of Education may include its own attorney in its deliberations, providing that attorney did not represent the administration position in the hearing. Final action must be taken in open session.
5. Information to Parents.
Upon expelling a student, District employees shall provide information to the parent concerning the educational alternatives available to the student during the period of expulsion. If the parent chooses to provide a home-based education program for the student, District employees shall assist the parent in obtaining appropriate curricula for the student if requested by the parent.
If a student is expelled for the remainder of the school year and is not receiving educational services through the District, the District shall contact the expelled student’s parent at least once every 60 days until the beginning of the next school year to determine whether the child is receiving educational services from some other source. District employees are not responsible for contacting the parent if the student enrolls in another public school district or in an independent or parochial school, or if the student is committed to the State Department of Human Services or sentenced to a detention facility.
6. Readmittance. A student who has been expelled shall be prohibited from enrolling or reenrolling in the same school in which the victim of the offense or member of the victim’s immediate family is enrolled or employed when:
a. The expelled student was convicted of a crime, adjudicated a juvenile delinquent, received a deferred judgment or was placed in a diversion program as a result of committing the offense for which the student was expelled;
b. There is an identifiable victim of the expelled student’s offense; and
c. The offense for which the student was expelled does not constitute a crime against property.
If the District has no actual knowledge of the name of the victim, the expelled student shall be prohibited from enrolling or reenrolling only upon request of the victim or a member of the victim’s immediate family.
No student will be readmitted to school until after a meeting between the principal or designee and the parent, guardian, or legal custodian has taken place except that if the administrator cannot contact the parent, guardian, or legal custodian or if the parent, guardian, or legal custodian repeatedly fails to appear for scheduled meetings, the administrator may readmit the student.
7. Readmittance Before End of Expulsion. The principal may consider readmitting an expelled student before the end of the expulsion period if the parent presents evidence of completion of actions to correct the cause of the expulsion to the principal. The principal may hold a conference with the parent and student to consider such evidence. The Superintendent or designee will make the final decision concerning readmittance, based on the principal’s written recommendation.
8. Record Keeping. A record of each expulsion will be kept in the Office of the Superintendent or designee and in the individual student’s file.
C. Expulsion for Unlawful Sexual Behavior or Crime of Violence
The Board of Education or its designee may determine whether to expel a student for being charged with unlawful sexual behavior or the commission of a crime of violence. The Board of Education will use the following procedures when considering such an expulsion:
1. After the District has been notified that a petition has been filed in juvenile court or that charges have been filed in district court that allege a student between the ages of 12 and 18 years has committed an offense that would constitute unlawful sexual behavior or a crime of violence, the Superintendent or designee will immediately inform the principal of the school the student attends. If necessary, to protect the safety and welfare of other students in the school, the principal may immediately suspend the student, pending Board of Education action. In so acting, the principals and other building administrators will comply with District suspension procedures, except that the Superintendent or designee will send written notice of the suspension to the student or parent, and administrators will determine whether the student is in fact the person named in the report.
2. As soon as is practicable, the Board of Education/designee will make a preliminary determination whether the student should continue to be educated in a District school.
3. The Board of Education/designee will use the following criteria in its determination:
a. Whether the student has exhibited behavior that is detrimental to the safety and welfare of other students or of school personnel.
b. Whether educating the student in the school may disrupt the learning environment in the school, provide a negative example for other students, or create a dangerous and unsafe environment for students or school personnel.
4. If the Board of Education/designee determines that the student should not be educated in the school, the Board of Education will either proceed to expel the student, following District expulsion procedures, or wait for the resolution of the juvenile proceedings to consider expulsion, in which case the District shall provide the student with an appropriate alternate education program, including, but not limited to, an on-line program authorized by state law, or home-based education program, pending the outcome of the juvenile matter.
5. If the Board of Education/designee decides to wait for the conclusion of the juvenile proceedings, it may make one of two determinations at that time:
a. If the student pleads guilty, is found guilty, or is adjudicated a delinquent juvenile, the Board of Education or designee may proceed to suspend or expel the student.
b. If the student does not receive an adjudication, is found not guilty, or pleads to a lesser charge, the Board of Education will hold an expulsion hearing, following District procedures, at which hearing it may or may not expel the student.
6. If the student is receiving special education services, the Board of Education should consult with the director of special education and legal counsel prior to a determination to either expel the student or place the student in an alternate education program.
7. Information regarding the details of the alleged crime of violence will be used by the Board of Education or its designee for the purposes set forth in this policy, but will remain confidential unless the information is otherwise available to the public by law.
D. Standard of Proof
The standard of proof in determining whether student conduct constitutes a violation of the District Conduct and Discipline Code will be a preponderance of the evidence (i.e., whether the question to be proved is more likely true than not).
E. Delegation of Authority
Principals will notify the Superintendent or designee in writing of those building employees who have the authority to suspend students and will forward copies of the notification to the assistant superintendent.