7:210-AP1 Expulsion Board Policy
| Building Level | District Level | |
|---|---|---|
| The below tasks are the responsibility of the building principal or administrative designee. | Unless otherwise indicated, the below tasks are the responsibility of the District administrator assigned to work with expulsions. | |
| Pre-expulsion: Making the decision to recommend expulsion | t is essential that this process begin in a timely manner, as the entire process must be complete within 10 school days. Record details of the disciplinary matter as soon after incident as possible. Document everything in a detailed, specific, and complete manner. | Consult with building administration as needed. |
| Ensure due process throughout. Prior to the decision to suspend/recommend expulsion, the student must have had the opportunity to be heard and have the chance to admit, deny, and/or explain their actions. See BOE Policy 7:200 if student poses a continuing threat and pre-suspension conference is not completed at the time of suspension. | Inform Superintendent that a recommendation for expulsion may be pending. | |
| Contact RJAC Administrator in charge of expulsions. Stay in contact with RJAC as new information emerges and as needed. | Stay in contact with building administration as needed. | |
| Inform parents that the disciplinary offense may result in a recommendation for expulsion. This should be part of the referral/referral. Suggested language to add to OSS letter: “Due to the severity of this infraction, there may be a recommendation for expulsion pending further review by school administration.” Avoid any language on referral documents that could be considered argumentative, opinionated, or prejudicial. (i.e. “this student must be expelled”). See 7:210-E1 for a copy of a sample OSS parent letter. | ||
| If the student has ever had or had a request for an IEP, case study evaluation, 504, or other IDEA governed condition, immediately contact the RJAC Administrator in charge of the Student Services Department for additional guidance. | ||
| Conduct an administrative review to ensure that the offense warrants a recommendation to expel per student handbook/BOE policy. At RMS/BHS, review is generally conducted by building administrative team. At Elementary level, review is generally conducted with another principal and/or district administrator. Review also considers length of possible expulsion, not to exceed 2 calendar years. Principal gives approval to proceed with recommendation for expulsion and the recommended time period. | ||
| Building Level | District Level | |
| Once decision has been made to recommend expulsion | Immediately complete the Initial Student Expulsion Checklist and submit to District administrator in charge of expulsions. See 7:210-E2. | Inform Superintendent of recommendation for expulsion, and provide updates as needed. |
| Immediately begin work on the Expulsion Packet (see template and example in 7:210-E4. Have packet completed within 3 school days, and submit electronically to RJAC administrator in charge of expulsions. Proceed with the process regardless of whether or not the student withdraws from school. | Review the Initial Student Expulsion Checklist submitted by the building administrator and clarify any necessary information. | |
| Stay in contact with RJAC as needed | Stay in contact with building administration as needed. | |
| Inform the student’s parents of the recommendation for expulsion, as well as the recommended duration. This can be verbal, but ideally as part of the referral/referral letter or via email. | Contact Hearing Officer and set date/time for Expulsion Hearing. May want to consider contacting the student’s parents first to inquire about any scheduling constraints; that being said, the hearing needs to be scheduled. Reserve space at RJAC for the hearing. | |
| Regarding witness statements: When the basis for expulsion rests on written statements from student witnesses, the accused has the right to cross examine accusers/witnesses. Hearsay evidence is generally admissible if the evidence is substantial. Written statements generally suffice if there is a real and demonstrated threat of retaliation against a witness, if the witness would be traumatized by the presence of the “defendant”, or if the witness is unavailable. Note that being nervous or reluctant does not rise to the level of trauma. Contact the District administrator in charge of expulsions if difficulties arise with witnesses not wanting to share their statements or testify at the hearing; legal counsel may need to be consulted. | Send Expulsion Hearing Notification letter to parents detailing the recommendation for expulsion (7:210-E3). Send via certified mail return receipt as well as regular US mail. CC to: Superintendent, Principal, AP (if relevant), and BOE. Also send copy to Superintendent’s secretary. | |
| Credit should be given for academic work completed during the OSS leading up to the meeting in which the BOE considers the recommendation for expulsion. | Review Expulsion packet submitted by building administration and determine any additional needed steps. Submit packet to hearing officer no later than Day 5.
Superintendent’s Secretary: Schedule BOE meeting within the 10 school day timeframe, most likely on OSS days 8, 9, or 10 depending on when the expulsion hearing is scheduled. Reserve RJAC facility for meeting, as well as a second RJAC area for the family to wait (conference room away from where the BOE will be meeting). Post public notice of BOE meeting. |
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| Building Level | District Level | |
| If necessary, arrange district-provided legal counsel on behalf of school staff (particularly if student has legal counsel.) | ||
| Expulsion Hearing | Arrive to the hearing with any staff/student witnesses that are to be present on behalf of the Building Administration. School administrator should bring with them at least 10 copies of the Expulsion Packet. | As hearing participants arrive at the meeting location, direct them to the appropriate room and attend to any needs as they arise. |
| Building Administration/Staff will be asked by the Hearing Officer to explain the rationale for expulsion. Provide an opening statement that gives a summary of the case and recommendation before details are given. Additionally, you should verbally review and identify the documents contained in the Expulsion packet. | If family/student arrive to the hearing with legal counsel and/or witnesses that the District had not been given at least 24 hours notice of, reschedule the hearing to a future date when District’s legal counsel can be present. | |
| The student being recommended for expulsion must be given the opportunity to call and examine witnesses, to cross examine opposing witnesses, and to introduce evidence. The student can also choose to remain silent. Building Administration/Staff may be asked questions by the student, parents, and/or legal counsel. Respond to these in a calm, factual manner, referring to policy, witness statements, or other factual items whenever possible. The Hearing Officer will facilitate as necessary. | Meet with family/student after the hearing is complete to discuss next steps/what happens now. Inform them that at the BOE meeting, they will be able to address the BOE and make any brief statements that they would like (about 2 minutes). Also, BOE members may ask them some brief questions, but will not rehash the hearing. | |
| At the conclusion of your comments, be sure to clearly articulate what the recommendation is (i.e., “the recommendation for expulsion is being made for 1 calendar year.”). | Collect and destroy any extra copies of Expulsion packet. | |
| Building Level | District Level | |
| Post Hearing | Once Hearing Officer’s Report is received, proofread and make any necessary edits to ensure accuracy and ease of understanding. Attach Expulsion packet to the official copy of the hearing officer’s report, and then submit to Superintendent’s Secretary for distribution to BOE, Principal, AP, Superintendent, and parents (if requested). | |
| BOE Meeting | Building Administration should be available at meeting location to answer any questions that arise. Building administration may be asked to provide a brief summary of the infraction and recommendation for expulsion. Similar to the report, respond to these in a calm, factual manner, referring to policy, witness statements, or other factual items whenever possible. | Meet with family/student when they arrive at the BOE meeting location. Direct them to the conference room/other area that has been reserved for them to wait in, and attend to the family’s needs. When summoned, accompany the student/family into the BOE meeting. |
| At the conclusion of the BOE meeting, collect copies of the Expulsion packet information for destruction. | ||
| Touch base with family/student after the BOE meeting has concluded to discuss next steps. This conversation may include the building administration if appropriate. | ||
| Follow Up | If BOE holds expulsion in abeyance and offers Safe Schools, follow up with family to arrange intake. Go over SafeSchools orientation material and ensure signatures on Safe Schools contract/agreement. | Superintendent’s Secretary generates letter from Superintendent summarizing BOE actions (7:210-E5a, b, c). Mail to family/student and CC to all Principals and the District administrator in charge of expulsions. |
| Suggest contact with the family/student 2-3 weeks after BOE meeting to offer support and any assistance that can be provided. | If BOE holds expulsion in abeyance and offers Safe Schools, Superintendent signs agreement document indicating such (7:210-E6). Send copies to building administration. | |
| Communicate to appropriate building staff of final decision/implications. | Suggest contact with the family/student 2-3 weeks after BOE meeting to offer support and any assistance that can be provided. | |
| Whenever the student transitions back into the building, hold a meeting with the student/parent. |
Date Adopted: 02/08/2012