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5610 AdmGuide_Suspension and Expulsion

The following administrative guideline deals with suspending and expelling students.
 
    A. Suspension
 
            1. Duration and Grounds for Suspension
 
                The Superintendent or any principal or teacher designated by the Superintendent may suspend a
                student for up to five (5) school days or, if a notice of expulsion hearing has been sent, for up to fifteen
                (15) consecutive school days (refer to AG 2461A if the student is eligible for special education services
                under Chapter 115, Wis. Stats.) if the suspension is reasonably justified and based upon any of the
                following misconduct:
 
                    a. Noncompliance with school rules or School Board rules
 
                    b. Knowingly conveying 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
 
                    c. Conduct by the student while at school or while under the supervision of a school authority that
                        endangers the property, health, or safety of others
 
                    d. Conduct while not at school or while not under the supervision of a school authority that endangers
                        the property, health, or safety of others at school or under the supervision of a school authority
 
                    e. Conduct while not at school or while not under the supervision of a school authority that endangers
                        the property, health, or safety of any employee or Board member of the District in which the
                        student is enrolled
 
                Under paragraphs c, d, and e above, conduct that endangers a person or property includes making a
                threat to the health or safety of a person or making a threat to damage property.
 
                The Superintendent or any principal or teacher designated by the Superintendent shall suspend a
                student if the student possessed a firearm as defined in 18 U.S.C. 921(a)(3) while at school or while
                under the supervision of a school authority.
 
                The suspension period applies to "school days." Thus, a suspension period does not include weekend
                days or vacation days.
 
        2. Suspension Procedure
 
            Prior to being suspended, on the day of the alleged infraction or as soon thereafter as is practicable, the
            student must be advised orally or in writing of the reason for the proposed suspension and given an
            opportunity to explain his/her conduct.
 
            The principal, within his/her discretion, may also inform the student’s parents of the reason for the
            proposed suspension prior to suspending the student.
 
        3. Notice of Suspension

The parent of a suspended minor student shall be given prompt written notice of the

 

suspension and the reason for the suspension by mail and by sending a copy of the notice

 

home with the student.  

 

4.   Sending a Student Home on the Day of the Suspension

 

Except as provided below, if the situation requires that the student be removed from the

 

premises before school is dismissed, the principal shall attempt to contact the student’s

 

parent to request that s/he pick up the student. If the parent is unable to pick up the

 

student, the student should remain under the school’s supervision until school is

 

dismissed, or in the event law enforcement is involved, under law enforcement supervision.

 

 5. Opportunity to Complete School Work

 

A suspended student shall not be denied the opportunity to take any quarterly, semester,

 

or grading period examinations or to complete course work missed during the suspension

 

period. Such work shall be completed pursuant to the procedures established by the Board.

 

6. Reference to the Suspension in the Student’s Record

 

The student’s suspension from school shall be entered in the student’s record as required

 

by the rules adopted by the Board concerning the content of student records.

 

The suspended student or the student's parent may, within five (5) school days following

 

the commencement of the suspension, have a conference with the Superintendent or his/

 

her designee, who shall be someone other than a principal, administrator, or teacher in the

 

suspended student’s school, to discuss removing reference to the suspension from the

 

student’s records.

 

Reference to the suspension in the student’s school record shall be removed if the

 

Superintendent finds that:

 

a. The student was suspended unfairly or unjustly;

 

b. The suspension was inappropriate, given the nature of the alleged offense; or

 

c. The student suffered undue consequences or penalties as a result of the

 

 The Superintendent, shall make his/her finding within fifteen (15) days of the conference.

 

7.   Co-Curricular or Extra-Curricular

 

A student's participation in co-curricular or extra-curricular activities during a suspension

 

shall be determined on a case-by-case basis.

 

B. Expulsion

 

1. Grounds for Expulsion

 

The Board may expel a student only when it is satisfied that the interest of the school

 

demands the student’s expulsion and it finds that the student:

 

a. Repeatedly refused or neglected to obey the rules established by the School

 

b. Knowingly conveyed or caused 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;

 

c. Engaged in conduct while at school or while under the supervision of a school authority

 

that endangered the property, health, or safety of others;

 

d. Engaged in conduct while not at school or while not under the supervision of a school

 

authority that endangered the property, health, or safety of others at school or under

 

the supervision of a school authority or endangered the property, health, or safety of

 

any employee or Board member of the School District in which the student is enrolled;

 

or

 

e.   W

 

as at least sixteen (16) years old and had repeatedly engaged in conduct while at school

 

or while under the supervision of a school authority that disrupted the ability of school

 

authorities to maintain order or an educational atmosphere at school or at an activity

 

supervised by a school authority and that such conduct did not otherwise constitute

 

grounds for expulsion.

 

Under this section, conduct that endangers a person or property includes threatening

 

the health or safety of a person or threatening to damage property.

 

2. Expulsion for Bringing a Firearm to School or for Possessing a Firearm at School

 

The Board shall expel a student from school for not less than one (1) year whenever it

 

finds that the student brought a firearm to school or, while at school or while under the

 

supervision of a school authority, possessed a firearm, as defined in 18 U.S.C. 921(a)(3),

 

unless the Board finds that the punishment should be reduced based upon the circumstances of the incident. Any such finding by the Board shall be in writing.

 

3. Expulsion Hearing

 

Prior to expelling a student, the Board shall provide the student with a hearing.

 

a. Notice of the Hearing

 

Prior written notice of the expulsion hearing must be sent separately both to the

 

student and his/her parent(s) if the student is a minor; otherwise just to the student.

 

The notice must be sent at least five (5) days prior to the date of hearing. In counting

 

the number of days, the day the notice is sent is excluded. 

 

The notice must include the following information:

 

1) The specific grounds upon which the expulsion proceeding is based, pursuant to

 

State Statute

 

2) The particulars of the student’s alleged conduct, including the approximate date

 

and location of the conduct

 

3) The time and place of the hearing

 

4) That the Board will keep written minutes of the hearing

 

5) That the hearing may result in the student’s expulsion

 

6) That the student's, or the student's parent if the student is a minor, have the right to

 

request a closed hearing or the Board may choose to close the hearing under Wis.

 

Stat. section 19.85(1)(f)

 

7) That the student and, if the student is a minor, the student’s parent may be

 

represented at the hearing by counsel

 

8) That the administration intends to present witnesses at the hearing with knowledge

 

of the alleged conduct

 

9) That the parties shall have the right to cross-examine witnesses and to present

 

such evidence and witnesses as deemed appropriate

 

10) That in considering whether to expel the student, and if so, for what

 

period of time, the Board may also consider the student’s complete

 

disciplinary and academic records

 

These student records are available for the student and parent to review as

 

outlined in Sec. 118.125, Wis. Stats.

 

11) If

 

the student is expelled, the Board will determine the length of the expulsion

 

period, which may extend at a maximum to the student’s 21

 

12) If the Board orders the expulsion of the student, the School District clerk shall mail

 

a copy of the order to the student and, if the student is a minor, to the student’s

 

parent

 

13) If the student is expelled by the Board, the expelled student or, if the student is a

 

minor, the student’s parent may appeal the Board's decision to the Wisconsin

 

Department of Public Instruction

 

14) If the Board's decision is appealed to the Department of Public Instruction, within

 

sixty (60) days after the date on which the Department receives the appeal, the

 

Department shall review the decision and shall, upon review, approve, reverse, or

 

modify the decision

 

15) The decision of the Board shall be enforced while the Department of Public

 

Instruction reviews the Board's decision

 

16) An appeal from the decision of the Department of Public Instruction may be taken

 

within thirty (30) days to the circuit court for the county in which the school is

 

located

 

17) The State statutes related to student expulsion are Secs. 119.25 and 120.13 (1),

 

Wis. Stats.

 

b. Hearing Procedures

 

The procedures for the expulsion hearing shall be as follows:

 

1) The hearing shall be closed.

 

2) The student and, if the student is a minor, the student’s parent may be represented

 

at the hearing by counsel.

 

3) A quorum of the Board shall be present at the hearing.

 

4) The Board shall keep written minutes of the hearing.

 

5) The parties shall have the right to cross-examine witnesses and to present such

 

evidence and witnesses as deemed appropriate.

 

6) The student should be advised of his/her rights and the procedures to be followed

 

during the hearing.

 

7) The Administration’s burden is to prove the allegations against the student by a

 

preponderance of the evidence.

 

c. Expulsion Order

 

The Board shall reduce its decision to writing in the form of a written order. If expulsion

 

is ordered, the order must state the length of time that the student is to be expelled.

 

The order should also state specific findings of fact and conclusions of law in support of

 

the decision.

 

d. Post-Hearing Procedures

 

The following post-hearing procedures shall be followed:

 

1) If the Board orders the expulsion of the student, the School District clerk shall mail

 

a copy of the order separately to the student and his/her parent(s) if the student is a

 

minor; otherwise just to the student.

 

2) If the student is expelled by the Board, the expelled student or, if the student is a

 

minor, the student’s parent may appeal the Board's decision to the Wisconsin

 

Department of Public Instruction.

 

3) If the Board's decision is appealed to the Department of Public Instruction, within

 

sixty (60) days after the date on which the Department receives the appeal, the

 

Department shall review the decision and shall, upon review, approve, reverse, or

 

modify the decision.

 

4) The decision of the Board shall be enforced while the Department of Public

 

Instruction reviews the Board's decision.

 

5) An appeal from the decision of the Department of Public Instruction may be taken

 

within thirty (30) days to the circuit court for the county in which the school is

 

located.

 

4. Alternative Expulsion Procedures

 

a. The School Board may adopt a resolution, which is effective only during the school

 

year in which it is adopted, authorizing any of the following to determine student

 

expulsion from school under Section B(1) above instead of using the procedure

 

described in Section B(3)(a) above:

 

1) An independent hearing panel appointed by the School Board

 

2) An independent hearing officer appointed by the School Board

 

b. During any school year in which such a resolution is effective, the independent hearing

 

officer or independent hearing panel appointed by the School Board:

 

1) May expel a student from school whenever the hearing officer or panel finds that

 

the student engaged in conduct that constitutes grounds for expulsion under

 

Section B(1).

 

2) Shall commence proceedings described in Section B(3)(a) and expel a student

 

from school for not less than one (1) year whenever that hearing officer or panel

 

finds that the student engaged in conduct that constitutes grounds for expulsion

 

under Section B(2). The School Board may modify this requirement on a case-bycase basis for an individual student.

 

c. Prior to expelling a student, the hearing officer or panel shall hold a hearing:

 

1) Upon request of the student and, if the student is a minor, the student's parent; the

 

hearing shall be closed.

 

 2) The student and, if the student is a minor, the student's parent may be represented

 

at hearing by counsel.

 

3) The hearing officer or panel shall keep a full record of the hearing.

 

4) The hearing officer or panel shall inform each party of the right to complete record

 

of proceeding.

 

5) Upon request, the hearing officer or panel shall direct that a transcript of the record

 

be prepared and that a copy of the transcript be given to student and, if the student

 

is a minor, the student's parent.

 

6) Upon the ordering by the hearing officer or panel of the expulsion of a student, the

 

School District shall mail a copy of the order to the School Board, the student and,

 

if the student is a minor, the student's parent.

 

7) Within thirty (30) days after the date on which the order is issued, the School Board

 

shall review the expulsion order and shall, upon review, approve, reverse or modify

 

the order.

 

8) The order of the hearing officer or panel shall be enforced while the School Board

 

reviews the order.

 

9) The expelled student or, if the student is a minor, the student's parent may appeal

 

the School Board's decision to the State Superintendent.

 

10)  If the School Board's decision is appealed to the State Superintendent, within

 

sixty (60) days after the date on which the State Superintendent receives the

 

appeal, the State Superintendent shall review the decision and shall upon review,

 

approve, reverse or modify the decision.

 

11) The decision of the School Board shall be enforced while the State

 

Superintendent reviews the decision.

 

12) An appeal from the decision of the State Superintendent may be taken within

 

thirty (30) days to the circuit court of the county in which the school is located.

 

d. Not less than five (5) days' written notice of the hearing shall be sent to the student

 

and, if the student is a minor, separately to the student's parent. The notice shall state

 

all of the following:

 

1)   Tthe specific grounds and the particulars of the student's alleged conduct upon

 

which the expulsion proceeding is based, pursuant to State Statute

 

2)   The time and place of the hearing

 

3)   That the hearing may result in the student's expulsion

 

4) That, upon request of the student and, if the student is a minor, the student's

 

parent, the hearing shall be closed

 

5) That the student and, if the student is a minor, the student's parent may be

 

represented at the hearing by counsel

 

6) That the hearing officer or panel shall keep a full record of the hearing and, upon

 

request, the hearing officer or panel 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

 

7) That if the hearing officer or panel orders the expulsion of the student, the School

 

District shall mail a copy of the order to the School Board, the student and, if the

 

student is a minor, to the student's parent

 

8) That within thirty (30) days of the issuance of an expulsion order the School Board

 

shall review the order and shall, upon review, approve, reverse or modify the order

 

9) That, if the student is expelled by the hearing officer or panel, the order of the

 

hearing officer or panel shall be enforced while the School Board reviews the order

 

10) That, if the student's expulsion is approved by the School Board, the expelled

 

student or, if the student is a minor, the student's parent may appeal the School

 

Board's decision to the Department of Public Instruction

 

11) That if the School Board's decision is appealed to the department, within sixty (60)

 

days after the date on which the department receives the appeal, the department

 

shall review the decision and shall, upon review, approve, reverse or modify the

 

decision

 

12) That the decision of the School Board shall be enforced while the department

 

reviews the School Board's decision

 

 13) That an appeal from the decision of the department may be taken within thirty (30)

 

days to the circuit court for the county in which the school is located

 

14) That the State Statutes related to student expulsion are Sections 119.25 and

 

120.13(1)

 

 5. Student Records

 

The student’s expulsion from school shall be entered in the student’s record as required by

 

the rules adopted by the Board concerning the content of student records.

 

6. Services During Expulsion

 

No school board is required to enroll a student during the term of his/her expulsion from

 

another school district. Notwithstanding Sections 118.125 (2) and (4), if a student who has

 

been expelled from one (1) school district seeks to enroll in another school district during

 

the term of his/her expulsion upon request the school board of the former school district

 

shall provide the school board of the latter school district with a copy of the expulsion

 

findings and order, a written explanation of the reasons why the student was expelled and

 

the length of the term of the expulsion.

 

7. Conditional Early Reinstatement

 

"Early reinstatement" means the reinstatement to school of an expelled student before the

 

expiration of the term of expulsion specified in the student's expulsion order.

 

"Early reinstatement condition" means a condition that a student is required to meet before

 

s/he may be granted early reinstatement or a condition that a student is required to meet

 

after his/her early reinstatement but before the expiration of the term of expulsion specified

 

in the student's expulsion order.

 

a. A School Board, independent hearing panel, or independent hearing officer may

 

specify one (1) or more early reinstatement conditions in the expulsion order. Early

 

rein-statement conditions must be related to the reasons for the student's expulsion.

 

b. Conditional Early Reinstatement Appeal Rights

 

If the expulsion order is issued by an independent hearing panel or independent

 

hearing officer:

 

1) The student or the student's parent must be informed of their right to appeal the

 

determination regarding whether an early reinstatement condition specified in the

 

expulsion order is related to the reasons for the student's expulsion to the School

 

Board. The appeal must be taken within fifteen (15) days of the issuance of the

 

expulsion order by the independent hearing panel or officer.

 

2) The decision of a school board regarding that determination is final and not subject

 

to appeal.

 

c. Satisfaction of Early Reinstatement Conditions

 

The Superintendent or his/her designee, who shall be someone other than a principal,

 

administrator or teacher in the student's school, has sole discretion to determine

 

whether a student has met the early reinstatement conditions that s/he is required to

 

meet before s/he may be granted early reinstatement.

 

1)   If the Superintendent or designee determined the early reinstatement conditions

 

      have been met, s/he may grant the student early reinstatement

 

2) The determination of the Superintendent or designee regarding satisfaction of early

 

reinstatement conditions is final.

 

d. Early Reinstatement Revocation

 

If a student violates an early reinstatement condition that the student was required to

 

meet after his/her early reinstatement but before the expiration of the term of expulsion,

 

the Superintendent or a principal or teacher designated by the Superintendent may

 

revoke the student's early reinstatement.

 

Revocation Process

 

Before revoking the student's early reinstatement, the Superintendent or his/her

 

designee shall do all of the following:

 

1) Advise the student of the reason for the proposed revocation, including the early

 

reinstatement condition alleged to have been violated

 

2) Provide the student an opportunity to present his/her explanation of the alleged

 

violation

 

 3) Make a determination that the student violated the early reinstatement condition

 

and that revocation of the student's early reinstatement is appropriate

 

4) If the Superintendent or designee revokes the student's early reinstatement, the

 

Superintendent or designee shall give prompt written notice of the revocation and

 

the reason for the revocation, including the early reinstatement condition violated,

 

to the student and, if the student is a minor, to the student's parent

 

e. Term of Expulsion Following Revocation

 

If a student's early reinstatement is revoked the student's expulsion shall continue

 

to the expiration of the term of the expulsion specified in the expulsion order unless

 

the student or, if the student is a minor, the student's parent and the School Board,

 

independent hearing panel or independent hearing officer agree, in writing, to modify

 

the expulsion order.

 

f. Revocation Decision Appeal Rights

 

Within five (5) school days after the revocation of a student's early reinstatement the

 

student or, if the student is a minor, the student's parent may request a conference with

 

the Superintendent or his/her designee, who shall be someone other than a principal,

 

administrator or teacher in the student's school.

 

1) If a conference is requested, it shall be held within five (5) school days following the

 

request.

 

2) If, after the conference, the Superintendent or his/her designee finds that the

 

student did not violate an early reinstatement condition or that the revocation

 

was inappropriate, the student shall be reinstated to school under the same

 

reinstatement conditions as in the expulsion order and the early reinstatement

 

revocation shall be expunged from the student's record.

 

3) If the Superintendent or his/her designee finds that the student violated an early

 

reinstatement condition and that the revocation was appropriate, s/he shall issue a

 

written decision and mail separate copies of the decision to the student and, if the

 

student is a minor, to the parent.

 

The decision of the Administrator or his/her designee is final as to an appeal of the

 

decision to revoke early reinstatement.

 

C. Referral to Criminal Justice or Juvenile Delinquency System

 

The District shall refer any student who brings a firearm (as defined in 18 U.S.C. 921(a)(3)) or

 

a weapon to school to the criminal justice or juvenile delinquency system.

 

119.25, Wis. Stats.

 

120.13, Wis. Stats.

 

18 U.S.C. 921(a)(3)

 

20 U.S.C. 7151
 
Approved/Adopted:  July 13, 2009
Approved/Adopted:  August 1, 2013
ĉ
Shari Weinstock,
Dec 20, 2013, 6:46 AM