ESC of Central Ohio
Administrative Guidelines
 

5610 - REMOVAL, SUSPENSION, AND EXPULSION

The following administrative guidelines should be followed to provide a fair hearing for each student charged with an offense leading to emergency removal, suspension, or expulsion if the Educational Service Center of attendance does not have appropriate policy and procedures.
 

A.

Emergency Removal
 
 

A student may be removed or excluded from a classroom or a school when s/he poses a continuing danger to persons or property or represents an on-going threat of disrupting the educational process taking place in the classroom or the school premises. Such removal may be for a period of less than twenty-four (24) hours without being subject to suspension and expulsion procedures.
 
 

If a member of the school faculty removes a student, under his/her supervision, from a classroom or activity, s/he must submit to the principal written reasons for the removal as soon as practicable. If the principal should reinstate the student prior to a hearing following the removal, s/he shall provide the faculty member with written reasons for the reinstatement, if the staff member requests the reasons.
 
 

As soon as practicable after a removal in excess of twenty-four (24) clock hours but within three (3) school days, a hearing must be held by the principal. The person who caused, ordered, or requested the removal must be present.
 
 

Written notice must be provided to the student as soon as practicable prior to the hearing. If the probable outcome of the hearing is suspension, the hearing procedures applicable to a suspension must be applied. If the probable outcome is expulsion of the student, the hearing procedures applicable to an expulsion must be followed.
 
 

B.

Suspension
 
 

The principal or designee may impose a suspension from school not to exceed ten (10) days duration.
 

The principal or designee may also prohibit a student from participating in any or all co-curricular and extra-curricular activities in accordance with the Code of Conduct.
 
 

1.

Preliminary Hearing
 
 

No student is to be suspended without a hearing unless a clear and present danger exists, or it is otherwise impossible or unreasonably difficult to hold such hearing. In such instances, the necessary written notice (see Expulsion) and hearing shall follow as soon as practicable.
 
 

The principal shall provide the student with a written notice of the charge(s) against him/her and shall provide a hearing for the student before a suspension is ordered so that the student has a full opportunity to state why s/he should not be suspended. The student's parents may be informed of the charges and the preliminary hearing if the principal so chooses. The hearing shall be held on the day of the alleged infraction or as soon thereafter as possible if an emergency prohibits an immediate hearing.
 
 

If the principal believes the student's parents should participate in the parent training program, the parents must be notified with the suspension notice of the time(s), date(s), and location(s) of the session(s).
 
 

2.

Suspension and Building-Level Appeal Notice
 
 

Within one (1) school day after the suspension, the principal/administrator shall notify, in writing, both the parents and the Treasurer. Such notification is to include the reason for the suspension, and the right to appeal, to have representation, and to hold the appeal hearing in a private session with the Superintendent/designee.
 

3.

Appeal
 
 

Suspensions may be appealed to the Superintendent/designee within five (5) days of the parent's receipt of the written suspension notice. The written appeal must contain the reason(s) that the suspension is being appealed.
 
 

The student may be reinstated during the appeal process unless it is determined that the student's attendance would jeopardize the safety of others.
 
 

Upon review, the Superintendent/designee may uphold the suspension, establish an alternative suspension of lesser severity, or reverse the suspension in its entirety. The review may include, but not be limited to, a meeting with the parent if, in the Superintendent's opinion, this is appropriate.
 
 

The Superintendent/designee shall reach the decision and inform the parent in writing within twenty-four (24) hours of the hearing.
 
 

A verbatim record of the appeal hearing shall be made in the event of an appeal to the Court of Common Pleas.
 
 

4.

Responsibility for School Work
 
 

For an in-school restriction, credit will be given for all classroom assignments that can be completed during the in-school restriction or as homework.
 
 

Credit will be given for work missed due to out-of-school suspension provided the student completes and submits all required assignments upon return to school.
 
 

Failures may be given for any classroom work that cannot be attended such as laboratories or skill sessions.
   

5.

Reports to the Department of Motor Vehicles
 
 

The school court liaison may report any student who has been suspended or expelled for use or possession of alcohol or a controlled substance to the Department of Motor Vehicles for revocation of his/her driver’s license in accordance with the procedure established by the Bureau.
 
 

C.

Expulsion
 
 

Expulsion is the removal of a student from the schools of this Center for a period not to exceed the greater of eighty (80) school days or the number of school days remaining in the semester or term in which the incident that gave rise to the expulsion takes place. If at the time of the expulsion, there are fewer school days than the number of days of expulsion, the Superintendent has the option to apply the remaining period of expulsion to the following school year, impose a community service requirement beyond the end of the school year in lieu of applying the suspension or expulsion into the next school year, or require the parents to participate in the parent education program after receiving proper notice of the time(s), date(s), and location(s) of the session(s). Any parent who fails to complete the program shall be reported to law enforcement authorities for neglect of parent education, a fourth class misdemeanor if found guilty.
 
 

1.

Documentation
 
 

If, in the principal's opinion, the alleged infraction may warrant expulsion, s/he shall, as soon as practicable after the infraction, refer the case to the Superintendent/designee and submit the following documentation:
 
 

a.

the rule(s) alleged to have been violated
 
 

b.

the charges against the student
 
 

c.

approximate date of the violation
 

d.

recommendation(s) for expulsion
 
 

e.

copy of the removal
 
 

f.

chronology of disciplinary/corrective actions and witness statements
 
 

g.

written notice to parents within one (1) day after removal
 

 

Upon request, the principal shall also submit transcript of grades and attendance records.
 

 

The Superintendent/designee shall review the documents for accuracy and completeness and schedule a hearing not earlier than three (3) nor later than five (5) days after proper written notice has been provided to the parents by means of certified mail.
 
 

2.

Hearing Notice
 
 

The notice shall contain:
 
 

a.

the rule(s) alleged to have been violated;
 
 

b.

the charges against the student;
 
 

c.

approximate date of the violation;
 
 

d.

the time and place for the hearing;
 
 

e.

a statement of the student's hearing rights:
 
 

1)

to a representative;
 
 

2)

to a translator;
 
 

3)

to appear in his/her own behalf and for parents or guardians to appear;
 
 

4)

to a transcript of the hearing.
 

3.

Hearing
 
 

The hearing shall be held before the Superintendent or the person s/he authorizes. The student and his/her parents or representative shall be given the charges and the opportunity to defend against such charges.
 
 

4.

Waiver
 
 

It is the student's prerogative to waive his/her right to a formal hearing. This waiver is to be in writing and signed by both student and parents. The signatures should be witnessed. Additionally, the student can constructively waive the hearing by simply not availing himself/herself of the opportunity for it, but such waiver cannot be construed before the passage of a considerable period of time, since it operates to close off the student's rights.
 
 

5.

Notice of Expulsion
 
 

Within one (1) school day after the student's expulsion, the Superintendent shall notify, in writing, the student's parents and the Treasurer of the reasons for the expulsion, the right to appeal the decision to the Governing Board or its designee within five (5) days after receipt of the notice, the right to be represented in the appeal proceedings, and the right to request the appeal be conducted in executive session.
 
 

The notification must also include the right to appeal to the Court of Common Pleas having jurisdiction in the Center.
 
 

If the student involved is sixteen (16) or older and the expulsion is for a violation of the Code of Conduct which allows for permanent exclusion, the notice must also include the language "In accordance with State law, the student may be subject to permanent exclusion from the schools of this Center". Such proceedings shall be conducted in accordance with RC 3313.66, 3313.661, and 3313.662.  (See AG 5610.01).
   

6.

Student's Records
 
 

A record of a student's suspension or expulsion is to be made a part of his/her permanent record until s/he leaves the school and released in accordance with AG 8330 - Student Records. Days of absence shall be noted in the student's permanent attendance record as an authorized absence because of suspension or expulsion.
 
 

7.

Notification of the Bureau of Motor Vehicles
 
 

The school court liaison is authorized to notify the Bureau of Motor Vehicles that a student has been suspended (or expelled) for use of alcohol or drugs. Such notification shall be made in the manner determined by the Bureau.
 
 

D.

Disabled Students
 
 

In accordance with Board Policy 2460, a student in Special Education must be referred to an IEP Team and those disabled under 504 to Superintendent/designee to determine if the behavior is related to the disability. Its decision will determine the appropriate next steps the ESC must take.
 
 

E.

Alternatives to Suspension or Expulsion
 
 

Based on the evidence presented at the hearing, the following alternatives may be explored:
 
 

1.

in-school restriction and/or Saturday School (see AG 5610.02)
 
 

2.

Assignment to community service
 
 

3.

A student may be placed in community service in conjunction with or in place of a suspension or expulsion in accordance with a plan developed by the principal, approved by the Superintendent, and published in the Student Code of Conduct. Such a plan must meet the following conditions:
 
 

a.

The misbehavior was not drug-related or an act of violence against a person.
 

b.

The service is provided to one (1) or more departments or schools in the Center or one of the following organizations or agencies located in the Center:
 
 

1)

a department of government
 
 

2)

a hospital or nursing home
 
 

3)

a senior citizen or child care center
 
 

4)

a church
 
 

5)

a charity
 
 

c.

When applicable, the service provides restitution for damages created by the student's misconduct.
 
 

d.

The agency, or if the service is to be provided to the Center, a staff member, agrees:
 
 

1)

to inform the principal of the tasks the student will be asked to perform;
 
 

2)

provide appropriate supervision;
 
 

3)

assume responsibility for the safety and welfare of the student;
 
 

4)

submit a periodic progress report as to the student's behavior and quality of service.
 
 

F.

The Superintendent shall notify the County Registrar and Juvenile Judge, within two (2) weeks, when a student has been suspended, expelled, removed, or permanently excluded from school for misconduct involving a firearm, knife, or other weapon as defined in Board policy.

Approved 2/93
Revised 3/93
Revised 1/5/00
Revised 1/09