Student Suspension Or Expulsion

File: JK*-2-R

Student Suspension or Expulsion

Suspension procedures

Pursuant to policy JK*-2, the program administrator or his/her designee has the authority to suspend a student for not more than five consecutive school days. The superintendent has the authority to suspend a student for five consecutive school days or more. However, the total period of suspension will not exceed twenty-five school days.

Before suspending a student, the program administrator, superintendent, or his/her designee shall determine whether policy JK*-2 has been followed and that any suspension is appropriate and in accordance with applicable law. If the program administrator, superintendent, or his/her designee determines that suspension is appropriate, then the following procedures shall apply:

1. Notice. The program administrator, superintendent, or his/her designee will make a reasonable attempt to provide the student and parent/guardian oral notice of the charges against the student and of the contemplated disciplinary action. The notice will be in a language and manner which the student and parent/guardian can understand.

2. Contents of Notice. The notice will contain a statement of the charges against the student, a statement of what the student is being accused of doing, and a statement of the basis of the allegation. Specific names may be withheld, if necessary.

3. Informal Hearing. If the suspension is for ten days or less, the student will have the right to an informal hearing before the school principal/supervisor of student life or his/her designee before the student's removal from school. If an emergency requires immediate removal of the student, an informal hearing will be held as soon as practicable after removal. An informal hearing means the opportunity for a student to explain his or her position regarding a disruption in the classroom or an incident constituting grounds for discipline. At this informal hearing, the student does not have the right to secure counsel, to confront and cross-examine witnesses, or to call witnesses to verify the student's version of the incident. If the suspension is for more than ten days, the student will be given the opportunity to request a review of the suspension before the superintendent. The superintendent's decision shall be final.

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 informal hearing.

5. Notification after suspension. If a decision is made to suspend a student, the program administrator, superintendent, or his/her designee will immediately notify the parent/guardian and the student. The program administrator, superintendent, or his/her designee will promptly provide oral notice and send written notice to the parent(s)/guardian(s) and the student explaining the action taken, the period of the suspension, and grounds for suspension. Written notice will also invite the parent(s)/guardian(s) to meet with the program administrator, superintendent, or his/her designee for the purpose of discussing the matter. Such notice will be in a language and manner which the student and parent(s)/guardian(s) can understand.

6. Removal from school grounds. A suspended student will be required to leave the school grounds immediately after the parent(s)/guardian(s) and the program administrator, superintendent, or his/her designee have determined the best way to transfer custody of the student to the parent(s)/guardian(s). In accordance with state law, law enforcement authorities may be involved in the removal of the student from the school where there are reasonable grounds for believing that the student has committed an act which may be a violation of federal, state, or municipal criminal statutes. In such cases, the parent(s) should be notified as soon as practicable.

7. Readmittance. No student will be readmitted to school after a suspension until a meeting has taken place between the program administrator, superintendent, or his/her designee and the parent(s)/guardian(s) to review the suspension or until, in the discretion of the program administrator, superintendent, or his/her designee , the parent(s)/guardian(s) of the suspended student has substantially agreed to review the suspension with the program administrator, superintendent, or his/her designee. If the program administrator, superintendent, or his/her designee cannot contact the parent(s)/guardian(s) of such student, or if the parent(s)/guardian(s) repeatedly fails to appear for scheduled meetings, the program administrator, superintendent, or his/her designee may readmit the student. The purpose of the readmittance conference will be to address whether there is a need to develop a remedial discipline plan or other behavior plan for the student in an effort to prevent further disciplinary action.

8. Make-up work. Students shall be given the opportunity to make up schoolwork during the period of suspension in an effort to provide an opportunity for the student to reintegrate into the educational program following the period of suspension.

9. Nothing contained in this procedure will prevent the program administrator, superintendent, or his/her designee from arranging for the parent(s)/guardian(s) to attend the meeting with the student at which notice of charges is given and an informal hearing is held, if necessary, if the meeting can be arranged within a reasonable time period.

Expulsion procedure

Before expelling a student, the superintendent or his/her designee shall determine whether policy JK*-2 has been followed and that any expulsion is appropriate and in accordance with applicable law. If the superintendent or his/her designee determines that expulsion is appropriate, then the following procedures shall apply:

1. Notice to superintendent. If the program administrator believes that grounds for expulsion exist, he or she will notify the superintendent in writing and request that expulsion proceedings be initiated.

2. Notice to student/parent. The superintendent or his/her designee will notify the student and parent(s) in writing of the charges against the student, which must be one of the grounds set forth for suspension and expulsion in the policy, a statement of the date, time and place of the hearing, and a statement that failure to participate in such hearing constitutes a waiver of further rights in the matter. Such notice will be in a manner and language the students and parent(s) can understand.

3. Hearing. A hearing will be held within ten school days of receipt of written charges from the Superintendent or his/her designee. The hearing will be held before the superintendent or his/her designee.

Testimony and information will be presented under oath. However, technical rules of evidence will not be applicable and the superintendent or superintendent’s designee may consider and give appropriate weight to such information or evidence he or she deems appropriate. The student may be represented by counsel and will be afforded the opportunity to confront and cross-examine witnesses in support of the charge and to call witnesses on the student's behalf. A sufficient record of the proceedings will be kept so as to enable a transcript to be prepared in the event either party so requests. Preparation of the transcript will be at the expense of the requesting party.

The superintendent or his/her designee will make specific findings in support of any decision reached. The superintendent or his/her designee will issue a written decision within five days after the expulsion hearing.

4. Appeal. Within ten days after the decision of the superintendent, the student may appeal the decision to the Colorado School for the Deaf and the Blind Board of Trustees (“Board of Trustees”). Failure to appeal within ten days will result in waiver of the right to appeal and the superintendent’s decision will become final.

If an appeal is properly requested, the Board of Trustees will review the record concerning the expulsion. The record includes notices and other documents concerning the appealed matter, transcript of the hearing, if any, the hearing exhibits, the findings and recommendation of the superintendent, the superintendent's written decision, and other documents concerning the appealed action. The student may be represented by counsel at the appeal. Representatives of the superintendent and the parents may make brief statements to the Board of Trustees, but no new evidence may be presented. Members of the Board of Trustees may ask questions of the parties. The Board of Trustees will make a final determination regarding the expulsion of the student and will inform the student and his or her parent/guardian of the right to seek judicial review.

5. Information to students and parents. If the student is expelled, not less than five days prior to the date of expulsion, the superintendent will provide written notice of the expulsion to the student, the student’s parent(s)/guardian(s), and the student’s school district of residence so that necessary special education and related services may be provided to the student during the expulsion.

6. Compulsory attendance. If a student between the ages of 7 and 16 is expelled for the remainder of the school year, the student’s parent(s)/guardians are responsible for assuring compliance with the compulsory school attendance laws during the period of expulsion. All parent(s)/guardians are encouraged to provide for their student's education if the student is expelled for any period.

7 Readmittance. A readmittance conference as described in Paragraph 7 of the suspension procedures section will be held upon an expelled student's return to school.

CSDB shall either:

(a) prohibit the student expelled from CSDB from enrolling or re-enrolling at CSDB when the victim of the offense or member of the victim’s immediate family is enrolled or employed when: (i) 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; (ii) there is an identifiable victim of the expelled student's offense; and (iii) the offense for which the student was expelled does not constitute a crime against property;

or

(b) design a schedule for the expelled student that, to the extent possible, avoids contact between the expelled student and the victim or a member of the victim’s immediate family.

Reporting of Expulsion

The number of students expelled from school will be reported as part of the school's annual report to the Colorado State Board of Education.

Crimes of violence and unlawful sexual behavior

The following procedures shall apply when CSDB receives notification that a student at least age 12, but under 21, has been charged in juvenile or district court with a crime of violence or unlawful sexual behavior, as defined by state law:

1. The superintendent will determine the following:

(a)  Whether the student has exhibited behavior that is detrimental to the safety, welfare, and morals of other students, or school personnel;

(b)  Whether educating the student in school may disrupt the learning environment; provide a negative example for other students; or create a dangerous and unsafe environment for students, teachers, and other school personnel; and

(c)  Whether grounds for suspension or expulsion of the student exist.

2. If the superintendent determines that the student should not be educated in CSDB and that grounds for suspension or expulsion exist, the superintendent shall take appropriate disciplinary action, which may include suspension or expulsion, in accordance with the procedures set forth above.

3. Alternatively, the superintendent may postpone suspension or expulsion proceedings pending the outcome of the court proceedings. If the suspension or expulsion proceeding is postponed, the student will not be permitted to return to school during that period. An appropriate alternative education program or home-based education program will be established for the student during the period of pending the resolution of the court proceedings. The time the student spends in an alternate education program will not be considered a period of suspension or expulsion.

4. If the student pleads guilty to the charge, is found guilty, or is adjudicated a delinquent juvenile, the principal/supervisor of student life or his/her designee or the superintendent may proceed to suspend or expel the student, following the procedures set forth in this regulation.

5. Information regarding the details of the alleged crime of violence or unlawful sexual behavior will be used by the program administrator, superintendent, or the Board of Trustees for the purposes set forth in this policy, but shall remain confidential unless the information is otherwise available to the public by law.

Approved by the Superintendent: January 12, 2017

Revised and Approved by the Superintendent: May 8, 2018

Colorado School for the Deaf and the Blind, Colorado Springs, CO Page 6 of 6