JDD: Suspension and Expulsion Procedures

Except as limited by Section 504 or the Individuals with Disabilities Education Act ("IDEA"), a student may be suspended or expelled, for reasons set forth in Kansas law. Any student who is suspended for a period of more than 10 days or expelled shall receive a copy of the current suspension and expulsion law and this policy. Suspension/expulsion hearings shall be conducted by the superintendent/designee or other certificated employee, or committee of certificated employees of the school in which the pupil is enrolled, or by any other hearing officer appointed by the board.

Reasons for Suspension or Expulsion

Students may be suspended or expelled for one or more of the following reasons:

• Willful violation of any published, adopted student conduct regulation;
• Conduct which substantially disrupts, impedes, or interferes with school operation;
• Conduct which endangers the safety or substantially impinges on or invades the rights of others;
• Conduct which constitutes the commission of a felony;
• Conduct at school, on school property, or at a school supervised activity which constitutes the commission of a misdemeanor;
• Disobedience of an order of a school authority if the disobedience results in disorder, disruption or interference with school operation; and
• Possession of a weapon at school, on school property or at a school- sponsored event.

Short-term Suspension

Except in an emergency, a short-term suspension (not exceeding ten school days) must be preceded by oral or written notice of the charges to the student and an informal hearing. If a hearing is not held prior to the suspension, an informal hearing shall be provided no later than 72 hours after imposition of a short-term suspension.

Written notice of any short-term suspension shall be delivered to the student's parent or guardian within 24 hours after the suspension has been imposed. Short-term suspension hearings may be conducted by any person designated in policy as having the authority to suspend.

At the informal suspension hearing, the student shall have the right to be present and to be notified of the charges and the basis for the accusation. The student shall have the right to make statements in his/her defense after receiving notice of the charges.

Long-Term Suspension or Expulsion

Before a student is subject to long-term suspension (not to exceed 90 school days) or expulsion (not to exceed 186 school days or one calendar year for certain weapon and/or destructive device violations), a hearing shall be conducted by a hearing officer who has been authorized by the board. Formal hearings shall be conducted according to procedures outlined in current Kansas law and:

• The student and parents or guardians shall be given written notice of the time, date and place of the hearing.
• The notice shall include copies of the suspension/expulsion law, and appropriate board policies, regulations and handbooks.
• The hearing may be conducted by either a certified employee or committee of certified employees authorized by the board, the chief administrative officer, or other certified employee of the district in which the student is enrolled, or by an officer appointed by board.
  Expulsion hearings for weapons violations shall be conducted in compliance with Kansas law by persons appointed by the board.
• Findings required by law shall be prepared by the person or committee conducting the hearing.
• A record of the hearing shall be available to students and parents or guardians according to Kansas law.
• Written notice of the result of the hearing shall be given to the pupil and to parents and guardians within 24 hours after determination of such result.

Rules Which Apply in all Cases When a Student May be Suspended or Expelled

• Refusal or failure of the student and/or the student's parents to attend the hearing shall result in a waiver of the student's opportunity for the hearing.
• A student suspended for more than 10 school days or expelled from school shall be provided with information concerning services or programs offered by public and private agencies which provide services to improve the student's attitude and behavior.
• A student who has been suspended or expelled shall be notified of the day the student can return to school.
• If the suspension or expulsion is not related to a weapons violation, the principal may establish appropriate requirements relating to the student's future behavior at school and may place the student on probation. (See JDC)
• If the expulsion is related to a weapons violation the superintendent may establish appropriate requirements relating to the student's future behavior at school and may place the student on probation if the student is allowed to return. (See EBC, JCDBB and JDC)
• The days a student is suspended or expelled are not subject to the compulsory attendance law.
• During the time a student is suspended or expelled from school, the student may not:
• Be on school property or in any school building without the permission of the principal.
• Attend any school activity as a spectator, participant or observer.

A student over the age of 18 or the parents or guardian of a student who is suspended for more than 10 days or expelled from school may appeal to the board within 10 calendar days of receiving written notice of the hearing results.

When a suspension is imposed during the school day, the student shall not be removed from school until a parent has been notified. If a parent cannot be notified during regular school hours, the student shall remain at school until the regular dismissal time.

Student Rights During a Long-Term Suspension/Expulsion Hearing

The student shall have the right:

• to counsel of his/her own choice;
• to have a parent or guardian present;
• to hear or read a full report of testimony of witnesses;
• to confront and cross-examine witnesses who appear in person at the hearing; to present his or her own witnesses;
• to testify in his or her own behalf and to give reasons for his or her conduct;
• to an orderly hearing; and
• to a fair and impartial decision based on substantial evidence.

Appeal to the Board

The following conditions shall apply if a student who is age 18 or older or the student's parent or guardian files a written appeal of a suspension or expulsion:

• Written notice of the appeal shall be filed with the clerk within 10 calendar days of receiving the results of the hearing.
• The board or hearing officer appointed by the board shall hear the appeal 20 calendar days after the notice of appeal is filed.
• The student and the student's parent shall be notified in writing of the time and place of the appeal at least 5 calendar days before the hearing.
• The hearing shall be conducted as a formal hearing using rules similar to those noted earlier for expulsion hearings.
• The board shall record the hearing.
• The board shall render a final decision no later than the next regularly scheduled board meeting after the conclusion of the appeal hearing.