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Littleton Public Schools Regulation |
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Policy Code JKD/JKE-R-2 Policy Name Suspension/Expulsion of Students or Denial of Admission Adoption October 5, 1993 Revised June 23, 2011 |
Grounds for Suspension, Expulsion, or Denial of Admission
1. The following shall be grounds for suspension or expulsion from a public school:
a. Continued willful disobedience or open and persistent defiance of proper authority.
b. Willful destruction or defacing of school property.
c. Behavior on or off school property which is detrimental to the welfare or safety of other students or of school personnel, including behavior which creates a threat of physical harm to the student or other students, except that if the student who creates such a threat is a student with a disability pursuant to state law, such student may not be expelled if the actions creating such threat are a manifestation of such student’s handicapping condition (see Board Policy JICDA for student code of conduct).
d. Declaration as an habitually disruptive student.
1. For purposes of this paragraph, “habitually disruptive student” means a child who has been suspended pursuant to paragraph (a), (b), (c), or (e) of this regulation three times during the course of the school year for causing a material and substantial disruption in the classroom, on school grounds, in school vehicles, or at school activities or events because of behavior that was initiated, willful, and overt on the part of the child.
2. The student and the parent, guardian, or legal custodian shall have been notified in writing of each suspension counted toward declaring the student as habitually disruptive and the student and parent, guardian, or legal custodian shall have been notified in writing and by telephone or other means at the home or the place of employment of the parent, guardian, or legal custodian of the definition of “habitually disruptive student.”
3. The principal or designee shall develop a remedial discipline plan for any student who causes a material and substantial disruption in the classroom, on school grounds, in school vehicles, or at school activities or events. The goal of the remedial plan shall be to address the student’s disruptive behavior and education needs while keeping the child in school.
e. Serious violations in a school building or in or on school property, which suspension or expulsion shall be mandatory, and expulsion shall be mandatory for the following violations:
1. Carrying, bringing, using, or possessing a dangerous weapon as defined in C.R.S. 22-33-106 (1)(d) (II) without the authorization of the appropriate District employees, unless the student had delivered the weapon to a teacher, administrator, or other authorized District employee as soon as possible upon discovering it, in accordance with state law;
2. The sale of a drug or controlled substance as defined in C.R.S. 12-22-303;
3. The commission of an act which if committed by an adult would be robbery pursuant to Part 3, Article 4, Title 18, C.R.S. or assault pursuant to Part 2, Article 3, Title 18, C.R.S. other than the commission of an act that would be third degree assault under C.R.S. 18-3-204, if committed by an adult.
f. Repeated interference with a school’s ability to provide educational opportunities to other students.
g. Making a false allegation of criminal activity against any District employee to law enforcement or to the District.
h. Any behavior prohibited by Board Policy JICDA.
2. Subject to the District’s responsibilities under the Exceptional Children’s Education Act, the following shall be grounds for expulsion from or denial of admission to a public school or diversion to an appropriate alternate program:
a. Physical or mental disability such that the child cannot reasonably benefit from the program available.
b. Physical or mental disability or disease causing the attendance of the child suffering therefrom to be detrimental to the welfare of other students.
3. The following shall constitute additional grounds for denial of admission to a public school:
a. Graduating from the twelfth grade of any school or receipt of any document evidencing completion of the equivalent of a secondary education.
b. Failure to meet age requirements.
c. Having been expelled from any school district during the preceding 12 months.
d. Not being a resident of the District unless otherwise entitled to attend under C.R.S. Title 22, Articles 23, 32, or 36.
e. Behavior in another school district during the preceding 12 months that is detrimental to the welfare or safety of other students or of school personnel.
f. Having been expelled pursuant to paragraph (c) or (e) of subsection (1) above, having completed the expulsion period, and attempting to enroll or reenroll in the school in which the victim of the offense or member of the victim’s immediate family is enrolled or employed after the expelled student is convicted of a crime, adjudicated a juvenile delinquent, receives a deferred judgment, or is placed in a diversion program as a result of committing the offense for which the student was expelled. Prior to implementing this provision, the District shall contact the appropriate court to determine if the provisions of this subsection apply to an expelled student. If the District has no actual knowledge of the name of the victim, the expelled student shall be denied admission only upon request of the victim or a member of the victim’s immediate family. The expelled student shall not be denied admission if the offense for which the student was expelled constitutes a crime against property.
4. The following shall be grounds for suspension or expulsion from, or denial of admission to, a public school:
Failure to comply with the immunization requirements of state law (C.R.S. 25- 4-901 et seq.). Any suspension, expulsion, or denial of admission for such failure to comply shall not be recorded as a disciplinary action but may be recorded with the student’s immunization records with an appropriate explanation.