Adopted:          08/18/2008

                                                                                                               447.3 Rule (2)

School District of Prairie Farm

Expulsion Hearing Procedures

A. Definitions

As used in these procedures, the following words have the following meanings:

1. “Hearing” means a proceeding conducted by the Board at which allegations of student misconduct which may result in the student’s expulsion shall be heard.

2. “Expulsion” means expulsion of a student from the school within the school district which he/she normally attend for such period as the Board may designate, without any educational services, except as otherwise provided herein.

3. “Student” means a person enrolled in a school within the school district and subject to the authority of the Board.

4. “Student misconduct” means the following defined conduct, if engaged in by a student:

a. Repeated refusal or neglect to obey the rules; or

b. Knowingly conveying or causing to be conveyed any threat or false information concerning an attempt or alleged attempt being made or to be made to destroy any school property by means of explosives; or

c. Engaging in conduct while at school or while under the supervision of a school authority which endangered the property, health or safety of others; or

d. Engaging in conduct while not at school or under the supervision of a school authority which endangered the property health or safety of any employee or Board member of the school district.

5. “District” means the School District of Prairie Farm

 B. Purposes

The Board believes that a reasonably disciplined environment is the necessary foundation on which any successful educational process must be erected. A disciplined school environment is not intended to be coercive nor is it to be imposed for its own sake. It is rather intended to protect the rights and privileges of all persons in the school building, students, teachers, administrators and other employees alike.

The Board believes that each student has a fundamental right to an effective education. Such a right cannot be maintained if disruptive, abusive, intimidating or physically coercive or harmful student conduct is not promptly challenged by legitimate school authority.

The Board acknowledges that not all instances of student misconduct can be lawfully and effectively dealt with on an administrative basis. This category includes those instances where the best interests of the school demands a student be expelled as a result of serious or repeated misconduct as set forth in state law.

The Board recognizes that not only is student expulsion a significant punishment to be imposed only when demanded by the interests of the school, but that is most cases where it is imposed, the student will return to school following expiration of the expulsion of the expulsion term. The Board further recognizes that the attitude and conduct of a student following his/her return to school be substantially influenced by the perception of such student as to whether he/she was treated fairly.

For these reasons, the Board believes that any proceeding which could result in a student expulsion must be conducted in a manner which is fundamentally fair to the student in question.

This is not to say that such student or the parent(s)/guardian(s) of such student are the only persons with an interest in such proceedings. Other legitimate interests include the interests of the person(s) alleging misconduct; the interests of the school community; and, maintenance of an effective, reasonable and responsible educational environment.

C. Procedures In cases involving allegations of student misconduct which could result in the student’s expulsion from school, these procedures shall be followed:

1. A hearing on such allegations shall be scheduled with the Board. The hearing must be held prior to the expulsion of any student.

2. Not less than five (s) days’ written notice of the hearing shall be sent to the student and, if the student is a minor, to the student’s parent(s)/guardian(s), specifying the particulars of the alleged misconduct, stating the time and place the alleged misconduct, stating the time and place of the hearing and stating that the hearing may result in the student’s expulsion. Section 120.13(1)(c) of the state statutes shall be printed in full on the face or back of the notice.

3. Upon request of the student and, if the student is a minor, the student’s parent(s)/guardian(s), the hearing shall be closed. The student and, if the student is a minor, the student’s parent/guardian, may be represented at the hearing by counsel.

4. Prior to the hearing, for students with disabilities only, the EEN Director shall assess the student’s behavior to determine if there is a reasonable degree of professional probability or certainty that the student’s disability caused the conduct for which expulsion is being considered.

5. Diligent attempts will be made by District staff to complete an M-Team (multi-disciplinary team) for non-disabled students suspected of having a disability under IDEA (Individuals with Disabilities Education Act) prior to an expulsion hearing. In the event that the M-Team is not completed prior to the expulsion hearing, the administration will present a rationale at the hearing for why it has not been completed. If the Board accepts the rationale, the Board will conduct the hearing and may expel the student on evidence presented. However, the Board expects the M-Team to be completed 30 days after the hearing. Again, if there are extenuating circumstances after the 30 days, the administration shall present such to the Board. In such cases:

a. If the M-Team later determines that the student has no qualified disability, the expulsion shall remain in effect, or

b. If the M-Team later determines that the student has a qualified disability and if the student’s misconduct is NOT caused by the disability and is not the result of an inappropriate placement, then the student’s expulsion shall remain in effect with the exception that EEN (Education Exceptional Needs) services shall be rendered as per the IEP (Individualized Education Program) with a modified placement, or

c. If the M-Team later determines that the student has a qualified disability and if the student’s misconduct IS caused by the disability or is a result of an inappropriate placement, then the student’s expulsion shall be voided and educational services shall be rendered as per the IEP.

6. The hearing shall be conducted by the Board in substantial compliance with the sample expulsion hearing format, including but not limited to the following: all testimony to be given under oath with cross-examination of all witnesses by opposing parties. The student shall be advised of the procedures to be followed in a manner substantially in compliance with language contained in the sample hearing format.

7. The burden of persuasion by a preponderance of credible evidence shall be on the district administration in the event it is seeking the expulsion of a student from school.

8. The Board shall not order the expulsion from school of any student unless it is satisfied that there has occurred student misconduct as set forth in definition A(4) above and is satisfied that the interest of the school demands the student’s expulsion.

9. The Board shall keep a full record of hearing. The Board shall inform each party of the right to a complete record of the proceeding. Upon request, the Board shall direct that a transcript of the record be prepared and that a copy of the transcript be given to the student and, if the student is a minor, the student’s parent/guardian.

10. Upon the ordering by the Board of the expulsion of a student, the district administrator or designee shall mail a copy of the order to the Board, the student and, if the student is a minor, or if the adult student is living with parent(s)/guardian(s), the student’s parent/guardian. The specific length of time of the expulsion and reasons for the expulsion shall be stated in the order.

11. The expelled student or, if the student is a minor, the student’s parent(s)/guardian(s) may appeal the Board’s decision to the State Superintendent. If the Board’s decision is appealed, the State Superintendent shall, within sixty (60) days after the date on which he/she receives the appeal, review the decision and, upon review, approve, reverse modify the decision. The decision of the Board shall be enforced while the State Superintendent reviews the order.

12. An appeal may be taken to circuit court within 30 days of the decision of the State Superintendent.

CROSS REF.: 447.3 Suspension and Expulsion of Students

                                    447.3-Rule(3), Procedures for Considering the Expulsion of  Students with Disabilities