2005-2006

Student/Parent

Handbook
Formal Discipline
DUE PROCESS RIGHTS
Suspension from School
Expulsion from School
Discipline of Students with Disabilities
Suspension of Bus Riding/Transportation Privileges
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Formal Discipline
Formal discipline removes the student from school. It includes emergency removal for up to seventy-two (72) hours, suspension for up to ten (10) school days, and expulsion for up to eighty (80) school days. Suspensions and expulsions may carry over into the next school year. Removal for less than one (1) school day without the possibility of suspension or expulsion may not be appealed. Suspension and expulsion may be appealed.

Students being considered for suspension or expulsion are entitled to an informal hearing with the building administrator prior to removal, at which time the student will be notified of the charges and given the opportunity to respond.

Students involved in co-curricular and extra-curricular activities such as band and athletics can lose their eligibility for violations of school rules. This is especially true for infractions involving drugs, alcohol, tobacco use, or harassment.

If a student commits a crime while under the school’s jurisdiction, s/he may be subject to school disciplinary action as well as to action by the Juvenile Court.
DUE PROCESS RIGHTS
Before a student may be suspended or expelled from school, there are specific procedures that must be followed.

As long as the in-school discipline is served entirely in the school setting, it will not require any notice or hearing subject to appeal.
Suspension from School
When a student is being considered for a suspension, the administrator in charge will notify the student of the reason. The student will then be given an opportunity to explain his/her side. After that informal hearing, the principal or dean of students will make a decision whether or not to suspend. If a student is suspended, s/he and his/her parents will be notified, in writing within one (1) day, of the reason for and the length of the suspension. The suspension may be appealed, within ten (10) days after receipt of the suspension notice, to the principal. The request for an appeal must be in writing.

During the appeal process, the student may be allowed to remain in school unless safety is a factor.

If the appeal is heard by the Superintendent or the Board designee, the appeal shall be conducted in a private meeting. If the appeal is heard by the Board of Education, the appeal shall be conducted in executive session unless the student or his/her representative requests otherwise. A verbatim transcript will be made and witnesses will be sworn in prior to giving testimony. If the appeal decision is to uphold the suspension, the next step in the appeal process is the Court of Common Pleas.
Expulsion from School
When a student is being considered for expulsion, the student will receive a formal letter of notification addressed to the student and the parents. This written notice will include the reasons for the intended expulsion, notification of the opportunity to appear in person before the Superintendent or the Superintendent’s designee to challenge the reasons for the expulsion and/or explain the student’s action, and notification of the time and place to appear. Student being considered for expulsion may or may not be removed immediately. A formal hearing will be scheduled no earlier than three (3), nor no later than five (5) school days after the notice is given. Parents may request an extension of time for the formal hearing. The student may be represented by his/her parents, legal counsel, and/or by a person of his/her choice at the hearing.

In accordance with Board Policy 5610, the Superintendent shall initiate expulsion proceedings against a student who has committed an act that warrants expulsion under Board policy even if the student withdraws from school prior to the hearing or decision to impose the expulsion. The expulsion will be imposed for the same duration that it would have been had the student remained enrolled.

If a student is expelled, the student and the student’s parents will receive written notice within one (1) school day of the imposed expulsion.

Within ten (10) days after the Superintendent notifies the parents of the expulsion, the expulsion may be appealed in writing to the Board of Education or its designee. The appeal will also be formal in nature with sworn testimony. All opportunities to earn grades or credit ends when a student is expelled. If the expulsion is upheld, the next step in the appeal process is the Court of Common Pleas.
Discipline of Students with Disabilities
Students with disabilities will be entitled to the rights and procedures afforded by the Individuals with Disabilities Act (I.D.E.A.), the Americans with Disabilities Act (A.D.A.), and/or Section 504 of the Rehabilitation Act of 1973.
Suspension of Bus Riding/Transportation Privileges
When a student is being considered for suspension of bus riding/transportation privileges, the administrator in charge will notify the student of the reason. The student will then be given an opportunity to explain his/her side. After that informal hearing, the principal or dean of students will make a decision whether or not to suspend his/her bus riding/transportation privileges for all or part of the school year.

If a student’s bus riding/transportation privileges are suspended, s/he and his/her parents will be notified, within one (1) day, in writing,of the reason for and the length of the suspension.
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Last update - 3/12/2003