Ohio Hi-Point Joint Vocational School District
Administrative Guidelines
 

5610 - SUSPENSION AND EXPULSION

The following administrative guidelines should be followed to provide due process for each student charged with an offense leading to emergency removal, suspension or expulsion.

 

A.

Suspension

     
   

The director may impose a suspension not to exceed ten (10) days duration.

     
   

If at the time of the suspension, there are fewer school days than the number of days of the suspension, the Superintendent may require the student to participate in a community service program or alternative consequence for a number of hours equal to the remaining portion of the period of the suspension. The student shall be required to begin such community service program or alternative consequence during the first full week day of summer break.

     
   

In the event, the student fails to complete the required community service or the assigned alternative consequence, the Superintendent shall determine the next course of action. Such course of action, however, shall not include requiring the student to serve the remaining time of the suspension at the beginning of the following year.

     
 

1.

Preliminary Hearing

     
   

No student is to be suspended without an informal, preliminary hearing, unless a clear and present danger exists, or it is otherwise impossible or unreasonably difficult to hold such hearing (e.g., the student intentionally makes himself/herself unavailable). In such instances, the necessary written notice and hearing shall follow as soon as practicable.

     
   

The director 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 director 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.

     
 

2.

Suspension Appeal Notice

     
   

Within one (1) school day after the suspension, the director shall notify, in writing, both the parents and the Treasurer. Such notification is to include the reason for the suspension, and the right of the student or the studentís parent or guardian to appeal the suspension to the Board or its designee, to be represented in all appeal proceedings, to be granted a hearing before the Board or its designee in order to be heard against the suspension, and to request that the hearing be held in executive session. The notice shall also specify that if the student, parent, guardian, or custodian intends to appeal the suspension to the Board or its designee, such notice of appeal shall be filed, in writing, with the Treasurer of the Board or the Superintendent within five (5) calendar days after the date of the notice to suspend. (Note: It is recommended that the Board require individuals to file the notice of appeal within a specific number of calendar days after the suspension notice. The Board cannot specify a date for the filing of a notice of appeal of an expulsion that is less than fourteen (14) days). In addition, the document must include notice that the Superintendent may seek the studentís permanent exclusion if the suspension was based on a violation listed in (R.C. 3313.662(A) that was committed when the student was sixteen (16) years of age or older and if the student is convicted of or adjudicated a delinquent child for that violation.

     
 

3.

Appeal

     
   

Suspensions may be appealed to the Board or its designee within five (5) calendar days of the date of the written suspension notice. (Note: It is recommended that the Board require individuals to file the notice of appeal within a specific number of calendar days after the suspension notice. The Board cannot specify a date for the filing of a notice of appeal of an expulsion that is less than fourteen (14) days). The written appeal must be filed with the Treasurer of the Board or the Superintendent and contain the reason(s) that the suspension is being appealed.

     
 

a.

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

     

b.

Upon review, the Board or its designee may affirm the suspension, reverse the suspension in its entirety, or otherwise reverse, vacate, or modify the suspension.

     
 

c.

The Board shall reach the decision and inform the parent in writing within twenty-four (24) hours after the receipt of the written request.

     
 

d.

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

     
 

a.

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.

     
 

b.

In accordance with Board policy, 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.

     
 

c.

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

     
 

5.

Student's Records

     
   

A record of the student's suspension may be kept until the end of the school year but may not be made part of the permanent record. Days of absence shall be noted in the student's permanent attendance record as unexcused absence.

     
   

In accordance with Ohio Administrative Code Section 3301-18-01(J), students who are expelled and not receiving instructional services shall be withdrawn from the District during the term of the expulsion.

     
 

B.

Expulsion

     
   

Expulsion is the removal of a student from the schools of this District 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. Specific offenses involving firearms and knives shall result in the studentís expulsion for one (1) year. The term of that expulsion may be reduced to less than one (1) year by the Superintendent for the reasons listed in Policy 5610 so long as the modification is made in writing. 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, or 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.

     
 

1.

Documentation

     
   

If, in the director's opinion, the alleged infraction may warrant expulsion, s/he shall, as soon as practicable after the infraction, refer the case to the Superintendent 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

   
   

The Superintendent 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 (see Form 5610 F6)

     
   

The notice shall contain:

     
 

a.

the reason(s) for the intended expulsion (e.g., the rule(s) alleged to have been violated), the charges against the student, and the approximate date of the violation,

     
 

b.

notification of the opportunity of the student and the studentís parent or guardian or representative to appear before the Superintendent or his/her designee to challenge the reason(s) for the intended expulsion or otherwise to explain the studentís actions, and

     
 

c.

the time and place for the hearing.

     
   

If the proposed expulsion is based on a violation listed in R.C. 3313.662(A) and the student is sixteen (16) years of age or older, the notice shall also include a statement that the Superintendent may seek to permanently exclude the student if the student is convicted of or adjudicated a delinquent child for that violation.

     
 

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/parentís prerogative to waive his/her right to a hearing with the Superintendent or his/her designee. This waiver is to be in writing and signed by both student and parents. The signatures should be witnessed. Additionally, the student/parent 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 (see Form 5610 F7)

     
   

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 of the student or the studentís parent or guardian to appeal the expulsion to the Board or its designee, the right to be represented in all appeal proceedings, to be granted a hearing before the Board or its designee in order to be heard against the expulsion, and the right to request the appeal hearing be held in executive session. The notice shall also specify that if the student, parent, guardian, or custodian intends to appeal the expulsion to the Board or its designee, such notice of appeal shall be filed, in writing, with the Treasurer of the Board or the Superintendent within fourteen (14) calendar days after the date of the notice of expulsion. (Note: Under statute, the Board cannot specify a date for the filing of a notice of appeal of an expulsion that is less than fourteen (14) days). The document must also include notice that the expulsion may be subject to extension pursuant to R.C. 3313.66(F) if the student is sixteen (16) years of age or older, and that the Superintendent may seek the studentís permanent exclusion if the expulsion was based on a violation listed in R.C. 3313.662(A) that was committed when the student was sixteen (16) years of age or older and if the student is convicted of or adjudicated a delinquent child for that violation. Finally, if the expulsion is for more than twenty (20) school days or for any period of time if the expulsion will extend into the following semester or school year, the notice must provide the student and the studentís parent or guardian with information about services or programs offered by public and private agencies that work toward improving those aspects of the studentís attitudes and behavior that contributed to the incident that gave rise to the studentís expulsion. The information shall include the names, addresses, and phone numbers of the appropriate public and private agencies.

     
   

Such proceedings shall be conducted in accordance with R.C. 3313.66, 3313.661, and R.C. 3313.662. (see AG 5610.01)

     
 

6.

Appeal

     
   

Expulsions may be appealed to the Board or its designee within fourteen (14) days after the date of the written expulsion notice. (Note: Under statute, the Board cannot specify a date for the filing of a notice of appeal of an expulsion that is less than fourteen (14) days). The written appeal must be filed with the Treasurer of the Board or the Superintendent and contain the reason(s) that the expulsion is being appealed.

     
 

a.

Upon review, the Board or its designee may affirm the expulsion, reverse the expulsion in its entirety, or otherwise reverse, vacate, or modify the expulsion.

     
 

b.

The Board or its designee shall reach the decision and inform the parent in writing within two (2) school days of the hearing.

     
 

c.

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

     
 

C.

Disabled Students

     
   

Where proposed disciplinary removals are or may be in excess of ten (10) days or where such removals will effect a change in placement, students with identified disabilities under IDEA and/or Section 504 will be referred to the Director, who will make arrangements for additional procedures in accordance with Board Policy 5605, the Model Policies and Procedures for the Education of Children with Disabilities, and/or Section 504.

     
 

D.

Alternatives to Suspension or Expulsion

     
   

Based on the evidence presented at the hearing, the student may be placed in in-school suspension.

     
 

E.

Referral to Criminal Justice or Juvenile Delinquency System

     
   

The Superintendent 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 serving the District.

Revised 11/00
Revised 10/02
Revised 5/04
Revised 4/05
Revised 9/28/07
Revised 7/25/12
Revised 4/19/17

© Neola 2017