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5610 Suspension and Expulsion

The Board of Education recognizes that exclusion from educational programs of the School District, by suspension
or expulsion, is a substantial sanction and that such action must comply with the student's due process rights.
 
Suspension
 
For purposes of this policy, "suspension" shall be the short-term exclusion of a student from a regular District
program.
 
The Superintendent, the principal, or a 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, or ten (10) consecutive school days for each incident if the student is eligible for special education services
under Chapter 115, Wis. Stats.
 
The suspension must be reasonably justified based upon the grounds authorized under Sec. 120.13, Wis. Stats.,
which include, but are not limited to: noncompliance with school rules or Board rules; 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; possession of controlled substances; 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;
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; or 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 School Board member of the District in which the student is enrolled.
 
The Superintendent, the principal, or a teacher designated by the School 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 parent of a suspended minor must be given prompt notice of the suspension and the reason for the
suspension. 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 the student records. The suspended student or the student's
parent or guardian may, within five (5) school days following the commencement of the suspension, have a
conference with the Superintendent, who shall be someone other than a principal, administrator or teacher in the
suspended student's school, to discuss removing from the student's records reference to the suspension.
Reference to the suspension on the student's school record shall be removed if the Superintendent finds that: the
student was suspended unfairly or unjustly; the suspension was inappropriate, given the nature of the alleged
offense; or the student suffered undue consequences or penalties as a result of the suspension.
 
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 administrative procedures.
 
 
Expulsion
 
Under this policy, expulsion shall mean the Board will not permit a student to attend school at all for a specified
period of time. 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 21st birthday. During the period of expulsion the Board may allow a student
to return to school on a probationary basis subject to criteria established in the expulsion order.
 
The Board may expel a student only when it is satisfied that the interest of the school demands the student's
expulsion and only when the student: repeatedly refused or neglected to obey the rules established by the School
District; 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; possession of
a controlled substance; engaged in conduct while at school while under the supervision of a school authority that
endangered the property, health, or safety of others; 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 was 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. For purposes of this
policy, 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 School 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.
 
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.
 
As required by 20 U.S.C. 7151, the Superintendent will ensure that the following information is sent to the
Wisconsin Department of Public Instruction: a copy of this policy; a description of the circumstances surrounding
any expulsion(s) for violating the above-stated firearms policy; the name of the school; the number of students
expelled; and the types of firearms involved.
 
Prior to expelling a student, the Board shall provide the student with a hearing. Prior written notice of the hearing
must be sent separately to both the student and if the student is a minor, to his/her parent(s) or guardian(s). The
notice must be sent at least five (5) days prior to the date of hearing, not counting the date notice is sent. The
notice must also satisfy the requirements of Sec. 120.13(1)(c)4, Wis. Stats.
 
An expelled student or, if the student is a minor, the student's parent(s) or guardian(s) may appeal the  Board's
expulsion decision to the Wisconsin Department of Public Instruction. 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.
 
 
Administrative Procedures
 
The Superintendent shall develop administrative procedures to implement this policy, which shall include, at a
minimum:
 
    A. Procedures that ensure compliance with State and Federal law including, but not limited to, due process
        rights;
 
    B. Provision for completing school work when appropriate.
 
119.25, 120.13, Wis. Stats.
18 U.S.C. 921(a)(3)
 
Approved/Adopted:  July 13, 2009
ĉ
Shari Weinstock,
Aug 8, 2011, 9:20 AM