Rural Community Schools, Inc.

Policies

STU 018 – SUSPENSION AND EXPULSION

The Board of Directors recognizes that attendance at school is imperative to educational success; yet it realizes that in attempting to work with students who prompt disciplinary action there may in some circumstances for a student to be either suspended or expelled. This is the most severe sanction that can be imposed on a student, the denial of the right for a student to take part in any school function for a period up to ten consecutive school days or expelled with the same denial but for a period longer than ten consecutive school days for the betterment of the educational environment.

Grounds for Suspension and/or Expulsion

A student may be suspended and/or expelled from an activity, program, or schoolfor behavior on school grounds immediately before or during school hours, immediately after school hours, at any time when the school is being used by a school group, off school grounds at a school activity, function, or traveling to or from school or a school activity, function, or event.

Some grounds for suspension or expulsion may include but are not limited to:

  1. Student misconduct.
  2. Substantial disobedience.
  3. Unlawful activity- a student may be suspended or expelled for engaging in unlawful activity on or off school grounds including an unlawful activity during weekends, holidays, other school breaks, and the summer period when a student may not be attending classes or other school functions if:

(1)the unlawful activity may reasonably be considered to be an interference with school purposes or and educational function; or

(2)the student’s removal is necessary to restore order or protect persons on school property.

  1. Possession of a firearm, deadly weapon, or destructive device on school property (see STU 009 and STU 010).
  2. Use of drugs and/or alcohol (see STU 011).
  3. Bullying (see STU 019)
  4. Sexual harassment pursuant to Title VII of the Civil Rights Act of 1964 and Title IX of the Educational Amendments of 1972, "sexual harassment" is defined as:

For the purpose of this policy the following definitions shall apply:

  1. “Suspension” means any disciplinary action that does not

constitute an expulsion whereby a student is separated from

school attendance for a period not to exceed ten (10) school days.

A student maybe suspended for a longer period of time in

accordance with the provisions of I.C. 20-33-8-23 pending

expulsion.

  1. “Expulsion” means a disciplinary or other action where by a

student is:

  1. separated from school attendance for a period exceeding

ten (10) school days;

  1. separated from school attendance for the balance of the

current semester or current year unless a student is permitted

to complete required examinations in order to receive credit

for courses taken in the current semester or current year; or

  1. separated from school attendance for at least one (1) calendar

year pursuant to I.C. 20-33-8-16 for possession of firearms,

deadly weapons or destructive devices, which may include an

assignment to attend an alternative school, an alternative

educational program, or a homebound educational program.

The term does not include situations when a student is disciplined under

I.C. 20-33-8-25, removed from school pursuant to I.C. 20-34-3-9, or

removed from school for failure to comply with the immunization requirements

of I.C.20-34-4-5.

Maximum Term of Suspension and Expulsion

The School Leader may suspend a student for a period up to ten (10) consecutive school daysfor each infraction. They may also recommend to the Board of Directors expelling a student beyond ten (10) consecutive school days up to a calendar year depending on the severity of the offense. All opportunity to earn grades ends when a student is expelled.

Due Process Rights

SUSPENSION:

  • If a student is suspended, he/she and his/her parents or guardians will be

notified of the reason for and the length of the suspension.

  • The suspension may be appealed after receipt of the suspension notice

to the School Leader.

  • The request for an appealmust be in writing to the School Leader

withintwo (2) days afternotificationof suspension.

  • During the appeal process, the student shall not be allowed to remain

in school.

  • The appeal shall be conducted in a private meeting between the

parents/guardians, school administration, the student, and legal

counsel (if desired and at the expense of the parent).

  • There is no appeal for the loss of extra-curricular eligibility due to

suspension or expulsion (sports teams, cheerleading, academic teams, etc.).

EXPULSION:

  • If, in the School Leader’s opinion, the infraction warrants a longer

period of removal from school, the School Leader shall refer the case

to the Board of Directors for consideration for expulsion.

  • The Board of Directors shall review the case and may appoint a designee

to conduct the expulsion meeting. This person may be an attorney or a

Board member who has not been involved in the particular case or

circumstances leading to it.

  • The student and/or parents or guardians will be notified in writing of the

time and place of the expulsion meeting by certified mail or personal

delivery. This notice shall include the reasons for the expulsion, the

procedure for requesting an expulsion meeting, and the parents’ or

guardians’right to waivethe meeting.

  • Should the parents/guardians choose to have an expulsion meeting,

the designee shall make a written summary of the evidence heard,

take action that he/she finds appropriate, and must give notice of the

action taken to the student and the parent/guardian.

  • The student and/or parent/guardian may appeal the decision within

ten (10) days of receipt of a notice of action.

  • Upon receipt of a written appeal, the Board shall hold a meeting to

consider the written evidence and arguments presented at the expulsion

meeting. The Board may then decide to uphold the expulsion, authorize

alternative disciplinary action, or decide no disciplinary action is necessary.

The student or his/her parents may appeal the Board’s decision to the

appropriate court.

  • An expulsion during the second semester of the school year may extend

to the first semester of the next school year. An expulsion that takes

effect more than three (3) weeks before the beginning of the second

semester, or that will remain in effect into the first semester of the next

school year, shall be reviewed by the Board of Directors to determine if

there has been newly discovered evidence or a change in the student’s circumstances since the expulsion meeting. If so, the Board of Directors

may recommend to school administration that the student be readmitted

for the second semester or at the beginning of the new school year.

I.C. 20-33-8-14

I.C. 20-33-8-15

I.C. 20-33-8-16

I.C. 20-33-8-18

I.C. 20-33-8-19

I.C. 20-33-8-20

I.C. 20-33-8-25

I.C. 20-34-4-5

I.C. 20-35-47-1-5

I.C. 35-47.52-4

I.C. 25-31.5 -2-86

Adopted: 2/13/06

Revised: 10/15/12

Reviewed and Revised: 03/12/18

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