8305    Suspension-Expulsion of Students

Students/Discipline

I.      Definitions

A.      Suspension means an exclusion from attendance at school, school property and all school sponsored activities for disciplinary reasons by an authorized member of the administrative staff (principal or his/her designee) for not more than ten (10) consecutive days, provided such suspension shall not extend beyond the end of the school year in which such suspension is imposed. A pupil may be suspended for conduct as described below in Section II. (A. 1_10)

B.      The term "expulsion" means the exclusion of a pupil from school, school property and school sponsored activities for more than ten (10) consecutive days by the School Committee for a period of time not extending beyond the current school year.

1.      The School Committee may expel a pupil from school if, after a full hearing, the Committee finds that his or her conduct endangers persons or property, is seriously disruptive of the educational process, or is violative of a publicized committee policy.

C.      No handicapped child, as specified by the regulations, shall be excluded, suspended or withdrawn from any school-based education program for reasons deriving only from his/her handicapping conditions. The sole exception to this shall be when the Superintendent of Schools, upon substantial evidence, determines that the child will be an immediate danger to himself/herself or to others. A child so excluded shall be afforded home tutoring and counseling therapy as determined by the evaluation team in an effort to determine a reassignment to a program which can better meet the specific needs of such child. A complete record of each exclusion, including the recommendation of the Superintendent of Schools, shall be filed with the Commissioner of Education within thirty (30) days of each such exclusion. Handicapped students excluded for disciplinary reasons will be afforded all the safeguards provided for in the Regents' Regulations for Governing Disciplinary Exclusions of Students From School. Any handicapped student excluded from any school_based education program for ten (10) days or more, cumulatively in any school year, shall be referred to the multi_disciplinary team for program placement review and to determine if reasons for exclusion derive only from his/her handicapping condition. (Regents' Policy; June, 1984)

D.      Students with disabilities as defined by the Individuals with Disabilities Act and/or Section 504 of the Rehabilitation Act of 1973 shall be subject to the provisions of Policy 5142.2 (Assault and Weapons Possession) to the extent permitted by the above Acts.)

II.     Actions Leading to Suspension or Expulsion

A.      The following breaches of conduct on school property, school transportation or at any school sponsored activity may lead to consideration of suspension or expulsion:

1.      Willfully striking or assaulting a student or any member of the school staff.

2.      Theft

3.      The use of obscene or profane language or gestures to a member of the school staff.

4.      Deliberate refusal to obey a member of the school staff. For purposes of this section, school staff is defined as administrators, teachers, and teacher aides.

5.      Truancy and unauthorized leave from school property during the school day.

6.      Blackmailing, threatening, or intimidating school staff or other students.

7.      Possessing in the school or on school grounds any kind of weapons, such as a pistol, knife, blackjack, razor, etc.

8.      Unauthorized possession, selling or consumption in the school or on school grounds of dangerous drugs, narcotics or alcoholic beverages. Coming to school under the influence of alcohol or drugs is also cause for suspension or expulsion.  Students suspended or expelled for alcohol or drug abuse shall be encouraged to seek qualified counseling and in some cases, shall be required to seek such counseling.

a.      Dangerous drugs or narcotics shall mean any controlled drug as defined in R.I. General Statutes, classified generally as amphetamine_type, barbiturate type, cannabis_type, cocaine_type, hallu-cinogenic, morphine_type, and other stimulant and depressant drugs; and in addition, those substances known as Methaqualone.  Unauthorized use or possession of such substances shall mean use or possession without a valid prescription.

b.      The selling of drugs in this article shall be the cause for an automatic request for expulsion by the principal in accordance with Part IV of this policy.

9.       The willful destruction of school property.

10.     Disruption of the school day by bomb threats or false alarms shall be the cause for an automatic request for expulsion by the principal in accordance with Part IV of this policy.

B.      This list is not meant to be all inclusive and other situations may develop which will lead to suspension or expulsion.

C.      The building administrators shall forward to the police any information involving a violation of the law, involving a felony, taking place on school property.

III.    Procedures Governing Suspension

A.      The principal shall observe the following procedures except in cases where the student has already been, or such suspension will result in the student's being suspended more than ten (10) times or fifty (50) days in a school year, whichever results in fewer days of exclusion, or except in circumstances under which the student will be prevented from completing a normal course of study. Where such exception exists, the procedure followed shall be that described in Section IV. E, 1_8 of this policy.

1.      Unless an emergency situation requiring the pupil's immediate removal exists, no student shall be suspended prior to having an informal hearing before the principal or his/her designee at which the student is informed as to the charges and given an opportunity to respond. In the event of an emergency, the informal hearing shall be held as soon after the suspension as possible.

2.      By telephone, the principal, or his/her designee, shall make all possible attempts to immediately notify the parent or guardian of the student about the suspension and state the cause(s) leading to the suspension.

3.      Whether or not telephone contact is made with the parent or guardian, the principal, or his/her designee, shall forward a letter to such parent or guardian to the last address reported on school records (or to a newer address if known by the principal, or his/her designee) within one school day of the suspension action and requesting parent or guardian an opportunity for a conference to discuss same.

4.      Notice of the original suspension shall be transmitted by the principal, or his/her designee, to the Superintendent of Schools by the close of the school day following the commencement of the suspension.

5.      Following a conference with the principal, or his/her designee, the student or his/her parent(s) or guardian(s) may request the Superintendent of Schools, or his/her designee, to review the principal's decision. Such review shall be completed and a written report issued to the student and his/her parent(s) or guardian(s) and to the School Com-mittee within three (3) days of such request. In re_examining the principal's decision to suspend, the Superintendent shall require the principal, the person who witnessed and reported the incident which resulted in the student's suspension, and the student to give individual accounts as to the events lead-ing to the suspension. The Superintendent shall determine whether such accounts shall be oral or written. Immediately following the receipt of such individual accounts and before issuance of his/her written report, the Superintendent may, if he/she deems it appropriate, call all involved parties together for a conference.

6.      If a student is eighteen (18) years of age or older, any notice required by this policy, shall be given to the student.

7.      Students and parents have the right to request textbooks and homework for the duration of the suspension period and the student shall be allowed to complete any examinations, without penalty, which he/she missed while under suspension.

8.      The Superintendent of Schools shall report any unusually serious case of pupil suspension to the School Committee at their first meeting following such action.

B.      In cases where the student has already been, or such suspension will result in the student's being suspended more than ten (10) times or fifty (50) days in a school year, whichever results in fewer days of exclusion, or in circumstances under which the student will be prevented from completing a normal course of study, the student shall, prior to suspension, be granted a formal hearing before the School Committee as provided in subdivisions (1) to (9) of Subsection E of Section IV of this policy.

IV.     

A.      A Principal may request expulsion of a pupil in a case where the Principal has cause to believe the student's conduct endangers persons or property, is seriously disruptive of educational process or is violative of a publicized committee policy.

B.      Requests for expulsion are to be directed to the School Committee through the Superintendent of Schools.

C.      Upon receipt of an expulsion request, the Superintendent shall conduct an inquiry within two (2) school days of the request.

D.      If, after the inquiry, the Superintendent, or his/her designee, determines that a student ought to be expelled, he or she shall forward such request to the School Committee within five (5) days of the request from the Principal. If expulsion is not recommended, a report shall be made to the Principal and School Committee.

E.      Except in an emergency situation requiring the student's immediate removal, the School Committee shall, prior to expelling the student, conduct a hearing to be governed by the following procedures:

1.      The student and his/her parent(s) or guardian(s) must be given notice, at least five (5) days prior to the date of the hearing.

2.      The notice shall contain:

a.      The date, time and place of the scheduled hearing.

b.      The details of the grounds for the proposed expulsion, including a narrative of the events leading to the expulsion, the names of any witnesses against the student, copies of any statements or affidavits of those witnesses, a detailed summary of any other information to be used in support of expulsion, including any record of past offenses or misbehavior, and whether any prior warnings or suspensions have been given, and the proposed penalty.

c.      A statement of the student's rights as enumerated in this policy under E. 3 through E. 7.

3.      At the hearing, the student shall have the right to testify and produce witnesses and other evidence in his/her defense. The student shall have the right to demand that any witnesses against him/her appear in person to answer his/her questions.

4.      A student may be represented by a third party of his/her choice, including an attorney.

5.      A student is entitled to the services of a translator, to be provided by the School Committee, whenever the student or his/her parent(s) or guardian(s) do(es) not speak the English language.

6.      The School Committee shall keep a verbatim record of the hearing, and the student or such student's parents or guardian shall be entitled to a copy of that record at his/her own expense.

7.      The School Committee shall report its final decision in writing to the student, stating the reasons on which the decision is based, and the penalty to be imposed.  Said decision shall be based solely on evidence derived at the hearing.

8.      Within twenty-four (24) hours after its decision, the School Committee shall notify the parent(s) or guardian(s) of any minor pupil, of such action.

9.      A copy of the decision, together with the record, shall be promptly forwarded to the Commissioner of Education if there is an appeal.

F.      Whenever the School Committee expels a student under sixteen (16) years of age, it shall offer such student an alternative education program. The parent(s) or guardian(s) of such student has the legal right to reject such a program without being subject to the truancy law.

V.      The School Committee shall, at the beginning of each school year and at such other times as it may deem appropriate, provide for an effective means of informing all students, parents, and/or guardians of this policy governing suspension and expulsion.

Policy adopted:  5/14/73

Policy revised:  3/9/76, 10/18/88 (to include I.C.), 5/14/96 (to include I. D.)

Policy reviewed:  1/13/82