BOARD POLICY  5116

 

Permanent Exclusion, Expulsion, Suspension, Emergency Removal

 

 

     The Ironton City Board of Education will comply with all provisions of Section 3313.661, and 3313.662 O.R.C. with reference to the procedural standards for expulsion up to eighty (80) days, one year expulsions, for possession of dangerous weapons and permanent exclusions, suspension, and emergency removal of pupils from public schools.

 

Procedural Standards for Expulsion or Permanent Exclusion

 

1.      The Superintendent is the only school administrator who may expel a pupil.

2.        The Superintendent (designee permitted only during extended absence of     Superintendent) must give the pupil and his/her parent, guardian, custodian, written notice of the intention to expel the pupil.  The notice must include:

 

a.        Reasons for the intended expulsion, and a statement that the superintendent may seek to permanently exclude the pupil if this is the intent.

      

b.       The right for the pupil and his parent, guardian, custodian, or representative to have an opportunity to appear on request before the superintendent or his designee to challenge his action or to otherwise explain the pupil’s action.  This hearing cannot be compelled by the administrator.

      

c.        Time and place to appear which must not be sooner than three (3) days nor later than five (5) days after the notice is given.

 

3. The superintendent may grant an extension of time.  If granted, he must notify all parties of the new time and place.              

 

4. Within twenty-four (24) hours of expulsion, the superintendent or principal must notify the parent, guardian, or custodian of the pupil and the Treasurer of the Board of Education of the action to expel.  The notice must include:

 

a.        Reasons for the expulsion or if considering permanent exclusion, a written notice that the Superintendent will issue to the Board a request that the pupil be permanently excluded.

       

b.       The right for the pupil, parent, guardian, or custodian to appeal to the Board of Education or its designee.

       

c.        The right for representation at the appeal.

 

d.       The right to request that the hearing be held in executive session.

 

e.        If the expulsion is for more than twenty (20) school days or the expulsion extends into the following semester or school year, the pupil and his/her parents will be provided information about behavior improving services by public and private agencies.

 

Appeal to the Board of Education 

 

1. A pupil or his parent, guardian, or custodian may appeal his expulsion to the Board of Education or its designee.  The pupil or his parent, guardian or custodian may be represented in all such appeal proceedings and shall be granted a hearing before the Board or its designee.

 

2. A verbatim record is required.

 

3. The decision to act on an expulsion must be made at a public meeting of the Board.  The Board may affirm, reverse, vacate, or modify the expulsion by a majority vote.

 

 

 

Further Appeal

 

1. The decision of the Board of Education can be further appealed to the Court of Common Pleas under Chapter 2506 O.R.C.

 

Further Permanent Exclusion Procedures 

 

1. If the Superintendent receives proof that a pupil has been convicted of committing when he was sixteen (16) years of age or older a violation listed in division (A) of Section 3313.662 O.R.C. or adjudicated a delinquent child for commission of crimes so listed, the Superintendent may issue to the Board of Education a request that the pupil be permanently excluded from public school attendance, if both the following apply:

 

a.        After he obtains or receives proof of the conviction or adjudication, the Superintendent determines the pupils continued attendance may endanger the health and safety of other pupils or employees and gives the pupil or his/her parent, guardian, or custodian proper notice that he/she

intends to recommend to the Board of Education that they adopt a resolution requesting the Superintendent of Public Instruction to permanently exclude the pupil.

       

b.       The Superintendent forwards to the Board his written recommendation including his determinations and a copy of the proof he received showing that the pupil has been convicted of or adjudicated a delinquent child for a violation of listed crimes when sixteen or older.

 

2. Within fourteen (14) days after receipt of the Superintendent’s recommendations, the Board, after review and consideration of all the following available information may adopt a resolution requesting the Superintendent of Public Instruction to permanently exclude the pupil:

 

a)       academic record;

b)       disciplinary record;

c)       social history;

d)       pupil’s response to prior discipline;

e)       evidence of seriousness and aggravating factors related to the offense;

f)        mitigating circumstances;

g)       evidence of probable danger to health and danger to other pupils and

employees by his/her presence;

h)       evidence of probable disruption;

i)         evidence of alternative sanctions.

 

3. The Board should send written notice to the Superintendent of Ironton City Schools and to the pupil if the Board does not adopt a resolution.

 

4. If the Board of Education adopts the resolution they shall immediately forward  to the Superintendent of Public Instruction the written resolution, proof of conviction or adjudication, the pupil’s entire school record and any other relevant information, and a copy of the resolution to the pupil and his/her parent, guardian, or custodian.

 

5. The Board shall designate a person to represent the Board to present the case to the State Superintendent or his/her designee.

 

6. The Ironton City Superintendent of Schools may issue a recommendation to the Board of Education and the Board may adopt a resolution that the permanent exclusion be revoked if the Superintendent determines the pupil no longer endangers the health and safety of other students or employees.  However, if the pupil’s violation included in whole or part bringing a firearm or dangerous weapon to school or property operated by the school, the revocations may not be effective for less than one (1) year after the date on which the firearm or dangerous weapon incident occurred.  The exception is when the Superintendent reduces the one (1) year expulsion under division (B) (2) of Section 3313.66 O.R.C.

 

7. A pupil may be admitted on a probationary basis for a period not to exceed ninety (90) school days if the City Superintendent so determines.  A probationary admission plan may be developed.

 

Further Dangerous Weapons Expulsion Procedures

 

1. Unless a pupil is permanently excluded, the City Superintendent shall expel a student from school for a period of one (1) calendar year for bringing a firearm or dangerous weapon to a school operated by the board or to any other property owned or operated by the board.

 

2. The City Superintendent may reduce the requirement on a case-by-case basis in accordance with the student code of conduct.

 

3. The definition of firearm shall include any weapon (including a starter gun) which will or is designed to or may readily be converted to expel a projectile by action of an explosive; the frame or receiver of any such weapon; any firearm muffler or firearm silencer; or any destructive device (as defined in 18 U.S.C.A. Sections 921-924), which includes but is not limited to any explosive, incendiary, or poisonous gas; bomb, grenade, or rocket having a propellant charge of more than four (4) ounces, missile having an explosive or incendiary charge of more than one-quarter (1/4) ounce, mine or device similar to any of the devices described above.

 

 

4. The definition of knife includes, but is not limited to a cutting instrument consisting of a sharp blade fastened to a handle and includes “ballistic knives” and razors.

 

5. “Other dangerous weapons” include metal knuckles, explosives, noxious irritation or poisonous gases, poisons, drugs or other items possessed with the intent to use, sell, harm, threaten or harass students, staff members, parents or community members.

 

 

Suspension

 

1. The Superintendent or principal (designee permitted only during extended absence of Superintendent or principal) must give the pupil and his parents, guardian, or custodian written notice of the intention to suspend the pupil.  The notice of suspension shall be sent to the parent, guardian, or custodian of the pupil prior to the beginning of the suspension.  This notice shall be prepared by the principal and hand-delivered by the attendance officer, or other to the parent, guardian, or custodian of the pupil who is to be suspended.  The notice must include:

 

a.        Reason for the intended suspension.

 

b.       The right for the pupil to appear at an informal hearing before the principal, assistant principal, superintendent, or superintendent’s designee to challenge the reasons for the intended suspension or to otherwise explain his actions.  This hearing may take place immediately.

      

c.        If the pupil is sixteen (16) years of age or older the Superintendent shall include a statement that he may seek to permanently exclude the pupil, if this is the intent.

 

2. Within twenty-four (24) hours of the suspension the superintendent or principal must notify the parent, guardian, or custodian of the pupil and the Treasurer of the Board in writing of the action to suspend.  The period of the suspension cannot extend beyond ten (10) school days.  The Superintendent may apply for any remaining part or all of the suspension to the following school year if there are fewer than ten (10) school days remaining in the current school year.

 

The notice of suspension must include:

 

a.        Reason for the suspension.

 

b.       The right of the pupil, parent, guardian, or custodian to appeal to the Board of Education or its designee.

 

c.        The right for representation at the appeal.

 

d.       The right to request that the hearing be held in executive session.

 

Appeal To The Board of Education

 

1. A pupil or his parent, guardian, or custodian may appeal his suspension to the Board of Education’s designee.  The pupil or his parent, guardian, or custodian may be represented in all such appeal proceedings.  In the event the outcome is unsatisfactory, then the appellant may apply to the Board of Education for review of the designee’s decision.

 

2. A verbatim record is required.

 

3. The Board of Education’s decision to consider a request for a review of the designee’s decision must be made at a public meeting of the Board.  The Board may affirm, reverse, vacate, or modify the suspension by a majority vote.

 

Further Appeal

   

          The decision of the Board of Education can be further appealed to the Court Of Common Pleas under Chapter 2506. Ohio Revised Code.

 

Emergency Removal

 

1. If  a pupil’s presence poses a continuing danger to persons or property or an ongoing threat or disrupting the academic process either within a classroom or elsewhere on school premises, then:

 

a.        The Superintendent, principal, or assistant principal may remove the student from the premises, or from the curricular, or extracurricular activity.

        

b.       The teacher may remove the student from the curricular, or extracurricular activity under his supervision, for a period of 24 hours but not from the premises.  The reasons for the removal by the teacher must be submitted to the principal in writing as soon after the removal as practicable.

 

2. A due process informal hearing must be held within seventy-two (72) hours after the removal is ordered except in cases of normal disciplinary procedures where a pupil is removed for less than twenty-four (24) hours and is not subject to suspension or expulsion.  If the superintendent or principal reinstates a pupil prior to the hearing for emergency removal, the teacher may demand and shall be given written reasons for the reinstatement.  The teacher cannot refuse to reinstate.

 

 

 

Adopted: 08-26-76

Revised: 01-12-81, 07-09-84, 11-18-91, 11-9-92, 03-31-00