A student who has been suspended or expelled by another district may be temporarily denied admission to the District's schools during the period of suspension or expulsion even if that student would otherwise be entitled to attend school with the District. Prior to denying admission, however, the Superintendent shall offer the student an opportunity for an informal hearing to review the circumstances of the suspension or expulsion and any other factors the Superintendent determines to be relevant.
The Superintendent will act as the Board's representative at all hearings regarding the appeal of a suspension. The Board will hear the appeal of an expulsion.
The Superintendent shall develop administrative procedures which provide appropriate procedures for implementing this policy and ensure compliance with applicable statutes.
A copy of this policy is to be posted in a central location in each school and made available to students and parents upon request. Key provisions of the policy should also be included in the Student Handbook.
Students may be excluded from the educational program of school after being afforded due process as provided herein. In addition to the procedural safeguards and definitions set forth in this policy and the Student Handbook, the procedures set forth in Policy 5605 - Suspension/Expulsion of Students with Disabilities shall apply to students with disabilities under the IDEA and/or Section 504 of the Rehabilitation Act of 1973.
For purposes of this policy and the Superintendent's administrative procedures, the following shall apply:
|A.||"Emergency removal" shall be the exclusion of a student who poses a continuing danger to District property or persons in the District or whose behavior presents an on-going threat of disrupting the educational process provided by the District.
|B.||"Suspension" shall be the temporary exclusion of a student from the District's program for a period not to exceed ten school days.
|C.||"Expulsion" shall be the exclusion of a student from the schools of this District for the number of school days remaining in a semester or term in which the incident that gives rise to the expulsion takes place and one additional school year.
|D.||"Change of Placement" (Non-Exceptional Education Students)
|For the purpose of this section, "change of placement" shall mean assignment of a student to an alternative program for a specified period of time. Such an assignment shall be considered for students due to continuous disruptive behavior and may be considered in lieu of expulsion when deemed to be in the best interests of the student and/or other students and the District. Provisions of this alternative shall be in accordance with the administrative procedures established by the Superintendent. The decision of the Board is final and effective the day after it is made.
SUSPENSION FROM SCHOOL OR FROM RIDING SCHOOL BUSWhen a student's actions are disruptive, violate law, Board policies, or school rules, the student may be suspended by the principal or designated representative. Suspension dictates that the student shall not be allowed to attend regular classes or school-sponsored activities for a prescribed number of days not to exceed ten. The principal may refer the student during the period of the suspension to an alternative suspension site, in-school suspension, or shall remand the student to the custody of the parent or legal guardian. Prior to suspending a student, except in emergencies, the principal or designee shall make an effort to employ parental assistance or alternative methods of dealing with the student and shall document such efforts.
|A.||A principal may recommend to the Superintendent the expulsion of a student. The principal will provide the Superintendent an adequate history of the student's actions and alternative measures taken relevant to the recommendation. When the Superintendent makes a recommendation for expulsion to the Board, written notice will be given to the student and the parent or legal guardian setting forth the charges against the student and advising the student and the parent or legal guardian of their right of due process.
|B.||Expulsion is the removal of the right and obligation of a student to attend a public school for a period of time and under conditions set by the Board not to exceed the remainder of the term or school year and one additional year of attendance.
|C.||The Procedural Manual for Exceptional Student Education shall be referenced in cases involving students in exception education classes.
F.S. 1002.20, 1003.02, 1006.07, 1006.09
18 U.S.C. Section 921
20 U.S.C. 8921