Category: | Procedure: | |
Students | Student Suspensions | |
Descriptor Code: | Issued Date: | Revised Date: |
AP-J-193 | June 1997 | October 2003 |
A student may be suspended by the principal, principal-teacher or an assistant principal from school attendance, from attendance at any school related event (on or off-campus), from attendance at a specific class or classes (in-school suspension) or from riding a school bus for good and sufficient reasons.
- Unless the student’s continued presence in the school, class or school-related activity presents an immediate danger to the student or other persons or property, no principal shall suspend any student until that student has been advised of the nature of his misconduct, questioned about it, and allowed to give an explanation.
- Upon suspension of any student (in-school suspension in excess of one (1) day), the principal shall make an immediate attempt to contact the parent or guardian to inform them of the suspension. The student shall not be sent home before the end of the school day unless the parent or guardian has been contacted.
- If the initial hearing results in suspension of four (4) days or fewer, the decision of the principal for a short-term suspension shall be final and is not appealable above the school level. However, the parent may request a review of the suspension record for procedural correctness.
- The principal shall notify the parent or guardian and Superintendent or designee in writing:
- Of the suspension and the cause for it; and
- A request for a meeting with the parent or guardian, student and principal, to be held as soon as possible, but no later than five (5) days following the out of school suspension.
- Immediately following the scheduled meeting, whether or not attended by the parent or guardian or student, the principal shall determine the length of the suspension and set conditions for readmission. If the principal determines the suspension is long term, the principal shall develop and implement a plan for correcting the behavior when the student returns to school.
- If at the time of the suspension the principal determines that an offense has been committed which, in the judgment of the principal, would justify a suspension for more than five (5) days, he may suspend the student unconditionally for a specified period of time or upon such terms and conditions as are deemed reasonable.
- The principal shall immediately give written or oral notice to the parent or guardian and the student of the right to appeal the decision to suspend for more than five (5) days. All appeals must be filed, orally or in writing, within five (5) days after receipt of the notice and may be filed by the parent or guardian, the student or any person holding a teaching license who is employed by the school system if requested by the student.
- The appeal from this decision shall be to the Board of Education or to a disciplinary hearing authority appointed by the Board. The hearing shall be held no later than ten (10) days after the beginning of the suspension. The notice of the time and place of this hearing shall be given in writing to the parent or guardian and student by the disciplinary hearing authority.
- After the hearing, the disciplinary hearing authority may:
- Order removal of the suspension unconditionally;
- Order removal of the suspension upon such terms and conditions as it deems reasonable;
- Assign the student to an alternative program;
- Assign the student to a night school; or
- Suspend the student for a specified period of time.
- A written record of the proceedings, including a summary of the facts and the reasons supporting the decision, shall be made by the disciplinary hearing authority. The student or principal may within five (5) days of the decision request review by the Board.
- After a review of the record, the Board may affirm the decision of the hearing authority, modify the decision to a lesser penalty, or grant a hearing before the Board.
- After the hearing, the Board may affirm the decision of the hearing authority or modify the decision in any manner, including imposing a more severe penalty than that of the hearing authority.
- Students who are absent because of out-of-school suspension will be allowed to make up missed assignments. (Policy JB) If the suspension occurs during the last ten (10) days of any term or semester, the student shall be permitted to take such final examinations or submit such required work as necessary to complete the course of instruction for that semester, subject to conditions prescribed by the principal.
- Students under suspension from one school in the school system cannot enter another school in the system.
Fighting – punishment is subject to, but not limited to:
- First offense: minimum suspension of four (4) days
- Second offense: suspension up to ten (10) days Policy carry over to graduation
- Third offense: Level VI Behavior / ten (10) or more days
Policy carry over to graduation.
Action may be applied at any Level (I, II, III, IV)
Tobacco: Refer to J-220
Reference Location of School Laws List for TCA citations (see Reference Section)
Procedures for In-School and Out-of-School Suspensions:
- Refer to Flow Chart
- Step back and examine every case (let common sense and what is considered reasonable judgment prevail)
- Be CONSISTENT in HOW you apply the rules
- Due Process ALWAYS takes place / Make a distinction between the Investigator and the Hearing Officer in every case.
- Discipline of Disabled Students: Refer to Guide to Discipline under 504 and IDEA for process and direction