STUDENT
SUSPENSION AND EXPULSION F04
Policy Overview
It is the policy of the Montpelier School District to maintain a safe, orderly, civil and positive learning environment. In order to ensure that the school is free from hazing, harassment, bullying, and other disruptive misconduct, a system of classroom and school management practices, supported by consistent, clear and fair disciplinary procedures for suspension and expulsion, will be utilized. The goal of this policy is to promote positive growth and create an environment where the rules for student behavior are clearly stated, are understood and accepted by students and staff, and are applied in compliance with due process requirements. This policy is to be applied in conjunction with each school's discipline plan developed pursuant to 16 V.S.A. §1161a.
“Suspension“ means not allowing students
to attend regularly scheduled class instruction for up to 10 days. Access to
other school activities may also be limited. Class assignments and materials
and, when appropriate, special education services may be provided. The location
of the suspension may be in the school, at another school location, or away
from the school entirely.
“Expulsion”
means not allowing a student to attend regularly scheduled class instruction
for a period up to the remainder of the school year or 90 days, whichever is
longer. The school board must approve this action by the superintendent.
Alternative education services may be provided during any period of expulsion.
Students may not attend other school-sponsored activities during a period of
expulsion unless attendance is part of alternative education services or unless
otherwise authorized by the superintendent.
1.
Suspension or expulsion of students shall be
imposed in accordance with state and federal law and regulations, due process
requirements, the school discipline plan, and the following rules and
procedures. The school discipline plan is found in the Montpelier School
District handbook and will be provided to each family prior to each school
year. See Student Conduct and Discipline Policy.
A.
The principal or his or her designee may suspend
a student for up to 10 consecutive school days for an infraction of school
rules.
B.
A student who poses an immediate danger to
persons or property or a significant threat of disrupting the academic process
of the school shall be removed from the school or to a place within the school
determined by the principal, superintendent or their designee to be
sufficiently secure to ensure the safety of students and school personnel and
the continuation of the academic process. The superintendent or principal or
their designee shall notify, without undue delay, a parent or guardian of a
student who is removed from school. If the parent, guardian, or other
responsible person designated as an emergency contact by the parent or guardian
cannot be notified, the student will be detained at school or at another safe
and secure setting for the remainder of the school day.
C.
No student will be removed from school for more
than the remainder of a school day unless the student and his or her parents
are given an opportunity for an informal hearing pursuant to paragraph “D” of
this policy. When immediate removal of a student is necessary prior to a
hearing, the hearing shall be held as soon as possible following the removal.
D.
The superintendent or principal may suspend a
student from school for a period of 10 days or less for misconduct occurring on
school grounds or at a school-sponsored activity off school grounds. Except as
provided in paragraph B above, prior to such a suspension, the student and his
or her parent or guardian shall be given an opportunity for an informal hearing
with the principal or his or her designee. The student and his or
her parent or guardian must be given notice of the charges, an explanation of
the evidence against the student, an opportunity for the student to tell his or
her side of the story, and a written decision.
E.
The superintendent may, with the approval of the
board and in accordance with 16 V.S.A. §1162(a), expel a student (for longer
than ten days and up to 90 school days or the remainder of the school year,
whichever is longer) for misconduct on school grounds, or at a school-sponsored
activity off school grounds when the misconduct makes the continued presence of
the student harmful to the welfare of the school.
F.
In accord with the overall discipline plan
developed under 16 V.S.A. § 1161a, suspension (ten days or less) or expulsion
may be imposed for misconduct not on school grounds, or not at a
school-sponsored activity off school grounds where direct harm to the welfare
of the school can be demonstrated.
G.
Expulsion must be preceded by notice and formal
due process procedures, including the opportunity for a hearing before the
school board. The superintendent shall notify the student and his or her
parents in writing of the nature of the charges, the date, time and place of
the hearing, the right to legal representation, and the disciplinary action to
be recommended to the board. This notice shall be provided in sufficient time
to allow the student and his or her parents to prepare for the hearing. At the
hearing, the student and parent/guardian shall be given an opportunity to
present evidence and to cross-examine witnesses. The board shall issue a
written decision within 14 calendar days of the conclusion of the hearing.
2.
Notwithstanding the above provisions, a legal
pupil who has a disability or is suspected of having a disability, and is
eligible for special education services or Section 504 services may be removed
from his or her current educational placement for disciplinary reasons for more
than 10 consecutive days, or for more than 10 cumulative days in a school year
only in accordance with Vermont State Board of Education Rules 4313 or 4312.
The school principal, with the agreement of the special education administrator,
may impose short-term disciplinary sanctions on special education students as
provided in Vermont State Board of Education Rule 4313. The superintendent and
coordinator of special education will develop additional procedures as needed
to govern the discipline of students with disabilities.
In the event a student brings a weapon to school, the procedures set forth in the district’s weapons policy shall apply.
Date Warned: 5/27/05
Date Adopted: 6/1/05