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Littleton Public Schools Policy |
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Policy Code JKD/JKE Policy Name Suspension/Expulsion of Students Adoption October 20, 1992 Revised June 23, 2011 |
The Board of Education shall provide due process of law to students, parents, guardians, or legal custodians, and District employees through written procedures consistent with law for the suspension, expulsion, or denial of admission of students.
Alternative to Suspension
As an alternative to suspension, except where a suspended student has been recommended for expulsion, a student may remain in school if the student’s parent, guardian, or legal custodian agrees to attend class with the student for a period of time specified by the principal or designee. The student’s teacher or teachers must consent to such alternative. If the parent, guardian, or legal custodian does not agree or fails to attend class with the student, the student shall be suspended in accordance with the accompanying regulations.
This alternative to suspension shall not be used if expulsion proceedings have been or are about to be initiated or if the principal or designee determines that the student’s presence in school, even if accompanied by a parent, guardian, or legal custodian, would be disruptive to the operations of the school or be detrimental to the learning environment.
Delegation of Authority
The Board delegates to the principals or to a person designated in writing by the principal the power to suspend a student enrolled in his/her school. Suspension on the grounds in Policy JKD/JKE-R-2, 1g, shall be for at least three days, on the grounds in Policy JKD/JKE-R-2, 1a, b, c, or f, for not more than five school days, and on the grounds in Policy JKD/JKE-R-2, 1e, for not more than ten school days.
The Board delegates to the Superintendent or designee the authority to suspend a student for an additional ten school days, plus up to and including an additional ten days if necessary in order to present the matter to the Board, but the total period of suspension shall not exceed 25 school days.
The Board delegates to the Superintendent, or to the designee who shall serve as a hearing officer, the authority to deny admission to, or expel for any period not extending beyond one year, any student the Superintendent or designee, in accordance with the limitations imposed by Title 22, Article 33, of the Colorado Revised Statutes, determines does not qualify for admission to, or for continued attendance at, District schools. Such denial of admission or expulsion shall be subject to appeal to the Board.
Parental Responsibility After Expulsion
The parent, guardian, or legal custodian of a student of compulsory attendance age who has been expelled is responsible for complying with the compulsory attendance provisions of state law.
Expulsion for Unlawful Sexual Behavior or Crimes of Violence
When a petition is filed in juvenile court or charges are filed in District court that allege a student between the ages of 12 to 18 years has committed an offense that would constitute unlawful sexual behavior or a crime of violence if committed by an adult, basic identification information, as defined in state law, along with the details of the alleged delinquent act or offense, is required by law to be provided immediately to the school district in which the juvenile is enrolled.
The information shall be used by the Board of Education to determine whether the student has exhibited behavior that is detrimental to the safety, welfare, and morals of the other students or school personnel and 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, teachers, and other school personnel. The Board shall take appropriate disciplinary action, which may include suspension or expulsion, in accordance with the student code of conduct and related policies.
The Board may wait until the conclusion of court proceedings to consider expulsion, in which case it shall be the responsibility of the District to provide an alternative educational program for the student until the Board makes its findings regarding expulsion.
Information provided by the court is confidential, except as necessary for the Board to carry out its policies.
Annual Reports
The Board shall annually report to the State Board of Education the number of students expelled from District schools for disciplinary reasons or for failure to submit certificates of immunization. Expelled students shall not be included in calculating the dropout rate for the school of the District.
Information to Parents, Guardians, or Legal Custodians
Upon expelling a student, District personnel shall provide information to the student’s parent, guardian, or legal custodian concerning the education alternative available to the student during the period of expulsion, including the right of the parent, guardian, or legal custodian to request that the District provide services during the expulsion. If the parent, guardian, or legal custodian chooses to provide a home-based education program for the student, District personnel shall assist the parent, guardian or legal custodian in obtaining appropriate curricula for the student if requested by the parent, guardian, or legal custodian.
If a student is expelled for the remainder of the school year and is not receiving educational services through the District pursuant to Policy JKF, the District shall contact the expelled student’s parent, guardian, or legal custodian 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.
Legal Reference: C.R.S. 16-22-102(9)
C.R.S. 18-1.3-406
C.R.S. 22-32-109.1 (2)(a)
C.R.S. 22-32-109.1 (2)(a)(V)
C.R.S. 22-32-109.1 (3)
C.R.S. 22-33-105
C.R.S. 22-33-106
C.R.S. 22-33-106.3
C.R.S. 22-33-106.5
C.R.S. 22-33-107
C.R.S. 22-33-107.5
C.R.S. 22-33-108
C.R.S. 25-4-903 (1)
Cross Reference: ECAC, Vandalism
GBGB, Staff Personal Security and Safety
JEA, Compulsory Attendance
JF, Student Admission to/Withdrawals From School
JHD, Exclusions and Exemptions From School Attendance
JIC, Student Conduct, and Subcodes
JICDA, Student Code of Conduct
JKD/JKE-2, Suspension/Expulsion of Students With Disabilities
JKF, Educational Alternatives for Expelled Students