Policy Details

5114 Suspension and Expulsion Due Process

5114

STUDENTS

SUSPENSION AND EXPULSION/DUE PROCESS

Suspension

An authorized member of the administrative staff may suspend a student from school privileges or transportation services when the student's conduct:

1.on the school grounds or at a school-sponsored activity is in violation of the Board's publicized policy or is seriously disruptive of the educational process or endangers persons or property.

2. off school grounds has violated a publicized policy of the Board and is seriously disruptive of the educational process.

For any one incident, a student shall not be suspended for more than ten (10) consecutive school days. No student shall be suspended more than ten (10) times or a total of fifty (50) days in one school year, whichever results in fewer days of exclusion as specified in C.G.S. §§ 10-233a-10-233f, unless the student is granted a formal hearing as specified in C.G.S. §§ 4-176e – 4-180a.

Students may not be suspended without an informal hearing before the building Principal or the Principal's designee unless the Principal determines that an emergency situation exists.

A suspended student must be given an opportunity to complete any classwork, including examinations, which were missed during the suspension.

At the discretion of the Principal, in-school suspensions (not to exceed five consecutive days) may be given when deemed appropriate no more than fifteen (15) times or a total of fifty days in one school year, whichever results in fewer days of exclusion.

Unless an emergency exists, no student shall be suspended without an informal hearing by the administration. If an emergency situation exists, such hearing shall be held as soon after the suspension as possible.

A suspension shall not extend past the end of the school year.

A suspension shall be included in the student's cumulative educational record. Such notice shall be expunged from the cumulative record by the Board if the student (1) graduates from high school or (2) is not expelled or suspended again during the two-year period commencing on the date of his/her return to school from the suspension.

Expulsion

Mandatory Expulsions

The Board of Education or an impartial hearing board must expel a student whenever there is reason to believe that a pupil:

1.on school grounds or at a school-sponsored activity was in possession of a firearm, as defined in federal law (18 U.S.C. Subsection 921), as amended from time to time, or deadly weapon, dangerous instrument or martial arts weapon, as defined in state law, as amended from time to time; or

2.off school grounds, did possess such firearm in violation of C.G.S. § 29-35 or did possess and use such a firearm, instrument or weapon in the commission of a crime under chapter 952; or

3.on or off school grounds offered for sale or distribution a controlled substance, as defined in subdivision (9) of C.G.S. § 21a-240, whose manufacture, distribution, sale, prescription, dispensing, transporting or possessing with the intent to sell or dispense, offering, or administering is subject to criminal penalties under C.G.S. §§ 21a-277 and 21a-278.

A student must be expelled for one calendar year if the Board or the impartial hearing board finds that the pupil did so possess and use, as appropriate, such a firearm, instrument or weapon or did so offer for sale or distribution such a controlled substance.

The Board, subcommittee of the Board, or an impartial hearing panel may modify the term of a mandatory one-year expulsion on a case by case basis.

Permissive Expulsions

The Board of Education or an impartial hearing board may expel a student whenever there is reason to believe that a pupil:

1.on school grounds or at a school sponsored activity violated a publicized policy of the Board or is seriously disruptive of the educational process or endangers persons or property; or

2.off school grounds violated a publicized policy of the Board and is seriously disruptive of the educational process.

In making a determination as to whether conduct is seriously disruptive of the educational process, the administration may consider, but such consideration shall not be limited to: 1) whether the incident occurred within close proximity of a school; (2) whether other students from the school were involved or whether there was any gang involvement; (3) the unlawful use of a weapon and whether any injuries occurred; and (4) whether the conduct involved the use of alcohol.

1.Conduct that may be grounds for expulsion if occurring on school property, school transportation vehicles or at any school-sponsored activity includes, but is not limited to:

A.Willfully striking or assaulting a student or any member of the school staff or contracted services provider.
B.Theft.
C.Deliberate refusal to obey a member of the school staff.
D.Blackmailing, threatening or intimidating school staff or another student.
E.Willful destruction of school property of staff members or other students.
F.Creating a disturbance in the classroom.
G.Possession of drugs and/or drug paraphernalia.
H.Unauthorized use or misuse of computers or other technological equipment.
I.Sexual harassment, harassment and hazing.
J.Gambling
K.Throwing rocks, sticks, food, etc.
L.Any violation of school policies or rules.

Any student who engages in any of the aforementioned acts shall be subject to discipline, up to and including expulsion. The above-noted list is not exhaustive and students may be disciplined, up to and including expulsion, for other forms of misconduct.

2.Conduct that may be grounds for expulsion if occurring off of school property or outside of school activities includes, but is not limited to:

A.Conduct leading to a Class A misdemeanor or felony arrest if that conduct is determined to pose a danger to the student himself/herself, other students, school employees or school property.
B.Adjudication as a delinquent or a youthful offender as the result of a felony if the conduct leading to the adjudication is determined to pose a danger to the student himself/herself, other students, school employees or school property.
C.To the extent that it is applicable, any of the conduct listed in the above section that may be grounds for expulsion if occurring on school property, school transportation vehicle or at any school-sponsored activity, may also be grounds for expulsion if occurring off of school property or outside school activities.

Any student who engages in any of the aforementioned acts shall be subject to discipline, up to and including expulsion. The above-noted list is not exhaustive and students may be disciplined, up to and including expulsion, for other forms of misconduct.

3.A special education student's handicapping conditions shall be considered before making a decision to expel. An Individualized Education Plan (IEP) meeting must be held to determine whether the behavior or student actions are in violation of Board of Education standards set forth in policy governing suspension and expulsion are the result of the student's handicapping condition.

4.Any special education student found to have carried a firearm, deadly weapon or dangerous instrument on school property or at a school-sponsored activity or offering for sale or distribution on school property or at a school-sponsored activity a controlled substance, whose manufacture, distribution, sale, prescription, dispensing, transporting or possessing with the intent to sell or dispense, offering, or administration is subject to criminal penalties will be referred to IEP for modification of individualized education plan or in order to prevent reoccurrence of such behavior and to ensure the safety of other children in the school.

If an IEP determines that the special education student's inappropriate behavior or actions are deemed not to be the result of the student's handicapping condition; suspension or expulsion procedures shall be conducted in accordance with provisions of this policy for non-special education students. If the special education pupil is expelled, he/she must be offered an alternative educational opportunity consistent with his/her needs during the period of expulsion.

5.Alternative Educational Opportunity

The Board of Education recognizes its obligation to offer any student under the age of sixteen (16) who is expelled an alternative educational opportunity which shall be equivalent to alternative education, as defined, by C.G.S. § 10-74j with an individualized learning plan, (1) if the Board provides such alternative education, or (2) in accordance with the standards adopted by the State Board of Education by 8/15/17, which includes the kind of instruction to be provided and the number of hours to be provided, during the period of expulsion. Any parent or guardian of such student who does not choose to have his or her child enrolled in an alternative educational opportunity shall not be subject to the provision of C.G.S. § 10-184. Any expelled student who is between the ages of sixteen (16) and eighteen (18) not previously expelled and who wishes to continue his or her education shall be offered such an alternative educational opportunity if he or she complies with conditions established by the Board of Education. Such alternative educational opportunity may include, but shall not be limited to, the assignment of a student (who is seventeen (17) years of age or older) to any such adult education program or placement of such student in a regular classroom program of a school other than the one from which the student has been excluded. Any student participating in an adult education program during a period of expulsion shall not be required to withdraw from school under C.G.S. § 10-184. In determining the nature of the alternative education opportunity to be offered under this Section, the Board of Education may receive and consider evidence of past disciplinary problems which have led to removal from a classroom, suspension, or expulsion.

The Board of Education is not obligated to provide such alternative educational opportunity to any student eighteen years of age or older. The Board of Education is also required to offer such alternative educational opportunity, as defined, to any student between the ages of sixteen and eighteen who is expelled because of conduct which endangers persons, and involved the following, on school grounds or at a school-sponsored event:

  • A.Possession of a firearm, deadly weapon, dangerous instrument or martial arts weapon, or
  • B.Offering an illegal drug for sale or distribution.

If the Board expels a student for the sale or distribution of a controlled substance, the Board shall refer the student to an appropriate state or local agency for rehabilitation, intervention or job training, or any combination thereof, and inform the agency of its action. If a student is expelled for possession of a firearm, or deadly weapon, dangerous instruments (those that can be used to cause death or serious injury) or martial arts weapons the Board shall report the violation to the local police department.

This provision shall not apply to students requiring special education who are described in C.G.S. § 10-76a. The alternative educational opportunity for any such student shall be established by the IEP team (PPT) in accordance with the procedures described above.

6.In determining the length of an expulsion, if applicable, and the nature of the alternative educational opportunity, if applicable, the Board or the impartial hearing board may receive and consider evidence of past disciplinary problems which have led to the pupil's removal from a classroom, suspension or expulsion.

7.A period of expulsion may extend into the next school year.

8.A student may be expelled before the formal hearing provided that an emergency exists, but in this case the hearing shall be held as soon after the expulsion as possible.

9.The notice of formal hearing required by C.G.S. § 4-177 shall be given to the parents or guardians of the student and to the student if the student is a minor.

10.An expelled pupil may apply for early readmission to school. Except as provided in this subsection, such readmission shall be at the discretion of the Board. The Board may delegate authority for readmission decisions to the Superintendent of Schools for the

11.school district. If the Board delegates such authority, readmission shall be at the discretion of the Superintendent. Readmission shall not be subject to appeal to Superior Court. The Board or Superintendent, as appropriate, may condition such readmission on specified criteria.

12. If a person who is at least seven years of age but less than twenty-one (21) years of age and enrolled as a student is arrested, either during the school year or when school is not in session, for a violation of C.G.S. §§ 53-206 and 53-206c, i.e., the sale, carrying and brandishing a firearm or facsimile of a firearm (a Class A or B misdemeanor or a felony), the municipal or state police department/officer that made such arrest shall, not later than the end of the next weekday following such arrest or the next school day if the arrest occurred during the school year, orally notify the Superintendent of Schools in the district where the person resides of the identity of such person and the offense or offenses for which he/she was arrested. Moreover, the arresting officer shall, within 72 hours of such arrest, provide written notification of such arrest, containing a brief description of the incident.

The Superintendent shall maintain the report in a secure location and only inform the Principal or supervisory agent of the school where the person is a student as required by C.G.S. §§ 10-233h and 46b-124. The Superintendent or the parents of the arrested pupil may request the arresting officer's presence if an expulsion hearing is held pursuant to an arrest. Further, if the police officer is called as a witness at the hearing, the police officer may provide oral testimony, reports and any other information on the arrest.

Suspension and Expulsion/Due Process

Under provisions of C.G.S. § 10-233d, a student may be expelled at a meeting at which three or more members of the Board are present provided that at least a majority of those present at the expulsion hearing vote for expulsion, and provided that at least three affirmative votes for expulsion are cast.

Annual Notification

Students and parents or guardians shall be notified of this policy annually.

STUDENTS # 5114(g)

Legal Reference: Conn. Gen. Stat. §§ 4-176a through 4-180a. Contested Cases. Notice. Record, as amended.
Conn. Gen. Stat. § 10-74j Alternative education (PA 15-133).
Conn. Gen. Stat. § 10-76a Definitions.
Conn. Gen. Stat. § 10-184 Duties of parents. School attendance age requirements.
Conn. Gen. Stat. §§ 10-233a through 10-233f. Suspension, removal and expulsion of students, as amended by P.A. 95-304.
Conn. Gen. Stat. § 21a-240 (Formerly Sec. 19-443). Definitions.
Conn. Gen. Stat. § 21a-277 (Formerly Sec. 19-480). Penalty for illegal manufacture, distribution, sale, prescription, dispensing.
Conn. Gen. Stat. § 21a-278 (Formerly Sec. 19-480a). Penalty for illegal manufacture, distribution, sale, prescription or administration by non-drug-dependent person.
Conn. Gen. Stat. § 29-35 Carrying of pistol or revolver without permit prohibited. Exceptions.
Conn. Gen. Stat. § 46b-124 (Formerly Sec. 51-305). Confidentiality of records of juvenile matters. Exceptions.
Conn. Gen. Stat. § 53-206 Carrying and sale of dangerous weapons prohibited.
Conn. Gen. Stat. § 53-206c Sale, carrying and brandishing of facsimile firearms prohibited. Class B misdemeanor.
18 U.S.C. 921 Definitions.


Litchfield Board of Education
Policy Adopted: 7/8/1986
Policy Reviewed: 9/19/2012
Policy Revised: 1/26/1999, 1/19/2011, 8/15/2018

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