No. 233
ROSE TREE MEDIA
SCHOOL DISTRICT
SECTION:
PUPILS
TITLE:
SUSPENSION AND EXPULSION
ADOPTED:
April 24, 2008
REVISED:
233. SUSPENSION AND EXPULSION
1. Purpose
SC 1318
Title 22
Sec. 12.6
The Board recognizes that exclusion from the educational program of the schools,
whether by suspension or expulsion, is the most severe sanction that can be imposed
on a student in this district and one that cannot be imposed without due process. The
Board may, after a proper hearing, suspend a student for such time as it deems
necessary or may permanently expel him/her.
2. Authority
Suspension (Exclusion From School)
SC 1318
Title 22
Sec. 12.6, 12.8
Exclusion from school shall mean denial of entry to all Rose Tree Media School
facilities and property, and denial of participation in any school or school-sponsored
activities, unless such entry or participation is specifically authorized in writing by
appropriate authority.
Title 22
Sec. 12.6
The principal or teacher in charge of a public school may suspend any pupil for
disobedience or misconduct for a period of one (1) to ten (10) consecutive school
days and shall report the suspension to the Superintendent as soon as possible
thereafter. Parents/Guardians will be immediately notified in writing of the
suspension.
Title 22
Sec. 12.6
No student may be suspended without notice of the reasons for which s/he is
suspended and an opportunity to be heard in his/her own behalf before the school
official who holds the authority to reinstate him/her.
Title 22
Sec. 12.6, 12.8
When the suspension exceeds three (3) school days, the student and
parent(s)/guardian(s) will be given the opportunity for an informal hearing with the
designated school official.
A student may be suspended up to ten (10) school days following a hearing.
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233. SUSPENSION AND EXPULSION - Pg. 2
Suspension (Exclusion From Class)
Title 22
Sec. 12.7
No student may receive an in-school suspension without notice of the reasons for
which s/he is suspended and an opportunity to be heard prior to the time the
suspension becomes effective. The parent(s)/guardian shall be informed of the
suspension action taken by the school.
The district shall provide for the student's education during the period of in-school
suspension.
Title 22
Sec. 12.7, 12.8
Should the in-school suspension exceed ten (10) consecutive school days, the
student and his/her parent(s)/guardian(s) shall be offered an informal hearing with
the designated school official. Such hearing shall take place prior to the eleventh day
of the in-school suspension.
Expulsion
SC 1318
Title 22
Sec. 12.6, 12.8
The Board may either expel for a period exceeding ten (10) school days or may
permanently expel from the rolls of this district any student whose misconduct and
disobedience is such as to warrant this sanction. This shall include but not be limited
to violations of the district’s student discipline code and applicable school district
policies. No student shall be expelled without an opportunity for a formal hearing
before the Board or before a duly authorized committee of at least three (3) members
of the Board and upon action taken by the Board after the hearing. A majority of that
committee will be necessary to conduct the hearing. A majority vote of the Board is
required to expel a student.
Although expulsion may result from a sufficiently serious offense, it will be
considered by the Board for any student who receives four (4) suspensions during
any one (1) school year.
Title 22
Sec. 12.6
The student under seventeen (17) years of age who is expelled has forfeited his/her
right to an education in the schools of this district, but has not been excused from
compliance with the compulsory attendance statute.
Title 22
Sec. 12.6
20 U.S.C.
Sec. 1400-1482
Parents/Guardians who are unable to provide an education for their child shall
submit a written statement within thirty (30) days that they are unable to do so. The
district shall then make provisions for the student's education. If thirty (30) days pass
without satisfactory evidence that the required education is being provided to the
student, the district shall within ten (10) days of receipt of the notification, make
provision for the student’s education. A student with a disability shall be provided
educational services as required by the Individuals with Disabilities Education Act
(IDEA).
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233. SUSPENSION AND EXPULSION - Pg. 3
Title 22
Sec. 12.1, 12.6
42 Pa. C.S.A.
Sec. 6301-6308
If the approved educational program is not complied with, the school district may
take action to ensure that the student will receive a proper education.
Hearings
Title 22
Sec. 12.6, 12.8
Students suspended for a period of time longer than three (3) days, shall be afforded
an informal hearing. Delay of such hearing shall not operate to delay return to
school.
The purpose of the informal hearing is to enable the student to meet with the
appropriate school official to explain the circumstances surrounding the event for
which the student is being suspended, to demonstrate that there is a case of mistaken
identity or to show that there is some compelling reason why the student should not
be suspended. The informal hearing also encourages the student's parents/guardians
to meet with the principal to discuss ways by which offenses can be avoided.
At the informal hearing, the following due process requirements will be observed:
1. Notification of the reason(s) for the suspension in writing, given to the
parents/guardians and to the student.
2. Sufficient notice of the time and place of the informal hearing.
3. The right to cross-examine any witnesses.
4. The student's right to speak and produce witnesses on his/her own behalf.
5. The district shall offer to hold the informal hearing within the first five (5) days
of the suspension.
Title 22
Sec. 12.6
The Board requires that each hearing shall be closed to the public but should the
student and/or his/her parents/guardians likely to be affected by its outcome agree,
the hearing may be held publicly.
Title 22
Sec. 12.6
Each suspended student involved in a formal hearing for expulsion shall be restored
to a regular educational program pending the outcome of the hearing, except when in
the opinion of the Superintendent, the presence of the student in school poses a
danger to him/herself or others as to warrant continued absence.
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233. SUSPENSION AND EXPULSION - Pg. 4
Title 22
Sec. 12.8
The formal hearing shall observe the due process requirements of:
1. Notification of the charges in writing by certified mail to the student’s
parent(s)/guardian(s).
2. At least three (3) days’ notice of the time and place of the hearing, which shall
include a copy of this policy, hearing procedures, and notice of the right to
representation of legal counsel at the expense of the parent(s)/guardian(s). A
student may request the rescheduling of the hearing when s/he demonstrates
good cause for an extension.
3. The hearing shall be private unless the student or parent(s)/guardian(s) request a
public hearing.
4. Disclosure of the names of witnesses against the student and copies of their
written statements or affidavits, if any exist.
5. The right to request that witnesses against the student appear in person and
answer questions or be cross-examined.
6. The right to testify and present witnesses on the student’s behalf.
7. A written or audio record shall be kept of the hearing and a copy made available
to the student at the student’s expense, or at no charge if the student is indigent.
8. The hearing shall be held within fifteen (15) school days of the notice of charges,
unless a delay is mutually agreed to by both parties or is delayed by:
a.
The need for laboratory reports from law enforcement agencies.
b.
Evaluations or other court or administrative proceedings are pending due to
a student’s invoking of his/her rights under the Individuals with Disabilities
Education Act (IDEA).
c.
Delay is necessary due to the condition or best interests of the victim in
cases of juvenile or criminal court involving sexual assault or serious bodily
injury.
9. Notice of the right to appeal the results of the hearing shall be provided to the
student with the expulsion decision.
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233. SUSPENSION AND EXPULSION - Pg. 5
Adjudication
2 Pa. C.S.A.
Sec. 101
A written adjudication shall be issued after the Board has acted to expel a student.
The adjudication may include additional conditions or sanctions.
Where the student is dissatisfied with the results of the hearing, recourse can be had
to the appropriate state court. If it is alleged that a constitutional issue is involved,
the student may file a claim for relief in the appropriate federal district court.
3. Delegation of
Responsibility
Pol. 204
The Superintendent shall develop rules and regulations to implement this policy
which shall include:
1. Students shall be permitted a reasonable period of time to make up exams and
work missed while being disciplined by suspension. It is the responsibility of the
student to make all necessary arrangements for making up work when absent
from school during a disciplinary action.
2. The name of a student under eighteen (18) years of age whose conduct has been
disciplined shall not become part of the agenda or minutes of a public meeting,
nor part of any public record of the Board; but such students may be designated
by code.
References:
School Code – 24 P.S. Sec. 1318
State Board of Education Regulations – 22 PA Code Sec. 12.3, 12.6, 12.7, 12.8,
14.143
Local Agency Law – 2 Pa. C.S.A. Sec. 101 et seq.
Individuals With Disabilities Education Act – 20 U.S.C. Sec. 1400 et seq.
Individuals With Disabilities Education, Title 34, Code of Federal Regulations –
34 CFR Part 300
Board Policy – 113, 113.1, 204, 216, 218
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